Recently in Workers' Compensation Procedures Category

March 22, 2015

Gonzalez v. Tidy Maids - NC Workers' Comp Decision


In requesting ongoing disability compensation for work-related injuries, North Carolina courts presume plaintiff's pain, discomfort and related medical treatment is directly related to previously-established compensable injuries. cleaning.jpg

This standard was set in the 1997 North Carolina Court of Appeals decision in Parsons v. Pantry, Inc. It's sometimes referred to as the "Parsons presumption."

In the more recent case of Gonzalez v. Tiny Maids, Inc., an employer appealed the reinstatement of disability benefits, applied retroactively, to a worker who had suffered a compensable injury and alleged ongoing medical problems stemmed directly from that same issue. Defendant company and insurer insisted it had successfully refuted worker's evidence under Parsons, but appellate court noted the company presented no evidence to suggest plaintiff's discomfort or pain was unrelated to her prior work injuries.

Continue reading "Gonzalez v. Tidy Maids - NC Workers' Comp Decision" »

March 19, 2015

Shubert v. Macy's West, Inc. - Failure to Adhere to Care Plan


In a workers' compensation case, it is important that the worker abide by the recommendations of his or her treating physician. To do otherwise may jeopardize the employee's ongoing benefits. walking4.jpg

This was seen recently in the case of Shubert v. Macy's West, Inc., reviewed by the Idaho Supreme Court.

This case was riddled with a number of issues, including the fact that she failed to present an expert witness at a hearing, argued too late on the issue of admitting evidence of an award of Social Security Disability Insurance (though the standard of determining disability is different than for workers' compensation) and had not followed through on numerous occasions with physicians' advice for treatment.

Continue reading "Shubert v. Macy's West, Inc. - Failure to Adhere to Care Plan" »

March 7, 2015

Thomas v. 5 Star Transportation - SC Workers' Comp Award Affirmed


The South Carolina Court of Appeals recently affirmed workers' compensation death benefits awarded to the surviving spouse of a deceased worker who died after suffering an aneurysm while driving a tour bus for defendant.
tourbus.jpg
Employer argued the grant of benefits was an error because worker's death was caused by an idiopathic injury and further, decedent's wife wasn't actually his spouse because he was already married to someone else when he married her. Appellate court rejected these arguments in its decision in Thomas v. 5 Star Transportation.

According to court records, worker was a tour bus driver who, on Nov. 19, 2007, lost control of the bus and collided with a tree. He was pronounced dead at the scene. Witnesses described him as slumped over and unresponsive prior to careening off the road. A doctor who performed the autopsy determined worker died as a result of full body trauma complicating a ruptured brain aneurysm.

Continue reading "Thomas v. 5 Star Transportation - SC Workers' Comp Award Affirmed" »

February 22, 2015

Silva v. Lowes - Penalties, Fees and Other Awards in Workers' Compensation Claims


In making a North Carolina workers' compensation claim, the primary issue is typically securing benefits. Beyond that, there may be additional compensation for late payments, attorney's fees and other expenses. These expenses can add up to a significant sum, so it's certainly worth exploring. However, there needs to be sufficient proof that the additional compensation is warranted. aislephoto.jpg

In the recent case of Silva v. Lowes, plaintiff fought a years-long battle for continued benefits after he was terminated from the job for unrelated reasons. The employer argued that because he was fired for reasons unrelated to his disability, workers' compensation benefits, including temporary total disability and coverage of medical expenses, should be revoked.

Plaintiff ultimately prevailed and, after several defendant appeals, received a lump sum payment for about $221,000, or $460 a week from the time of his termination to when the final decision was issued. However, the commission denied plaintiff's request for compensation on certain other fronts. Specifically, he had requested a 10 percent late payment penalty for defendant's alleged untimely payment after it lost the final appeal, plus reimbursement for attorney's fees and certain other expenses.

Continue reading "Silva v. Lowes - Penalties, Fees and Other Awards in Workers' Compensation Claims" »

February 20, 2015

Report: Nurses at High Risk of Becoming Patients Due to Work Injury


Nurses by trade are healers. And yet, when it comes to their own health, it's apparent workplaces aren't doing enough to prevent serious injury.
hospitalsign.jpg
New figures released by the Department of Labor's Bureau of Labor Statistics indicates nurses have some of the highest work injury rates in the country. There are an estimated 35,000 back injuries reported among nurses every year that are severe enough they must miss work.

While we tend to think of construction workers as having the most dangerous jobs, consider this: Nursing assistants and orderlies each are three times more likely to suffer musculoskeletal and back injuries than those who work in construction.

Continue reading "Report: Nurses at High Risk of Becoming Patients Due to Work Injury" »

February 16, 2015

State ex rel. Hildebrand v. Wingate Transport, Inc. - Use Caution in Quitting Your Job After Work Injury


In the wake of a work injury, there may be some circumstances in which an employee is mulling quitting his or her job. Maybe he or she has no choice.
wrench.jpg
Ideally, if the case is pending, it's generally best to hold onto the job at long as possible. While your medical benefits should remain unchanged regardless of your job status, your temporary total disability benefits could be affected. That's because temporary total disability benefits cover a percentage of your lost wages when your injury keeps you from carrying out your previous job duties.

So for example, if there are job restrictions your doctor places on you while you are healing, you can recover the difference through TTD.

Continue reading "State ex rel. Hildebrand v. Wingate Transport, Inc. - Use Caution in Quitting Your Job After Work Injury" »

January 7, 2015

A Look Ahead to Changing OSHA Regulations in 2015


The Occupational Safety and Health Administration (OSHA) is vested with the responsibility to make rules related to workplace safety. OSHA suffers from being understaffed and underfunded, which means inspections of workplaces do not occur with sufficient frequency. The process of making rules can also be prolonged, leaving many lingering work safety issues that endanger employees due to lack of regulation. law books.jpg

Continue reading "A Look Ahead to Changing OSHA Regulations in 2015" »

January 3, 2015

New OSHA Injury Reporting Requirements Take Effect for Carolina Employers


January 1, 2015 marks the first day that companies are subject to new reporting requirements established by the Occupational Safety and Health Administration (OSHA). Employers need to be aware of the new reporting requirements so they can fulfill their obligations. Workers also need to know the rules to ensure that their workplace injuries are properly documented. notice-878922-m.jpg

A Charlotte work injury attorney knows that accurate reporting of workplace injuries is essential to increase the safety of employees and improve working conditions. OSHA and other regulators need to know the top causes and types of injuries to try to make effective rules to improve safety. Employers and employees also need to be aware of what the biggest risks to workers are so they can take the necessary steps to correct conditions that cause workplace accidents.

Continue reading "New OSHA Injury Reporting Requirements Take Effect for Carolina Employers" »

December 10, 2014

World Trade Center Injuries and the Danger of "Rush Jobs"


One of the world's most notorious construction sites has been haunted by a series of accidents and injuries related to dangerous working conditions. Rebuilding "Ground Zero" into the new World Trade center has resulted in many serious injuries that often went unreported. According to a Daily News investigation, over 30 serious injuries that occurred on the site were not reported to the Occupational Safety and Health Administration (OSHA). Many of the workers suffered from serious and permanent injuries, including spinal cord fractures and broken bones. The report was based on court documents and city records, medical reports, and OSHA reports.

constructionworker.jpg

Workers endured a host of injuries, including getting struck in the head, falling from scaffolding, or getting struck by a steel plate. These were a few of the severely injured workers whose cases were never reported to OSHA. Construction zones are widely known have some of the most dangerous working conditions. Contractors, subcontractors, property owners, and other managers involved in construction projects must ensure that equipment is safe and maintained, that sites are secure, and that workers are properly trained. In these accident cases, some of the workers were able to recover, but others are still in rehabilitation or suffering from permanent injuries.

Continue reading "World Trade Center Injuries and the Danger of "Rush Jobs"" »

December 5, 2014

OSHA Investigates: Man Killed By Falling Tape Measure


Freak accidents can occur on construction sites or in other work zones, especially when proper safety precautions are not in place. In a tragic case, a construction worker was killed when a tape measure fell over 50 stories and struck the worker on the head. According to reports, the 58-year-old man was bringing dry wall to the site when he was struck with a tape measure that had fallen from the belt of a worker on the high rise. The object was only 1-pound, but had the power to kill the man who stood below.

consruction hat.jpg

Witnesses reported that before it struck the victim, the tape measure hit another piece of metal approximately 15 feet from the ground, the ricocheted before it caused the fatal injury. The case is a reminder of the importance of proper training and equipment on a worksite. Usually construction sites are gated and include signs that remind workers, visitors, and others that it is a 'hard hat area.' According to reports, the victim was not wearing a hard hat at the time of the accident. He had stopped at another man's truck to have a conversation. Witnesses say it was a clear case of "wrong place, wrong time."

Continue reading "OSHA Investigates: Man Killed By Falling Tape Measure" »

November 22, 2014

Compensation for Injured Workers with Pre-Existing Conditions


Workers' compensation benefits are available to any worker who suffers injury or loses his or her life while performing work-related job duties. Some cases can be more complicated than others. For example, drivers who are in an accident while leaving or heading to work or workers who suffer illness. Can a worker collect compensation when they are injured as a result of a pre-existing or chronic condition? Every case is unique and should be reviewed by an experienced advocate. When pursuing workers' compensation benefits after an accident or injury, it is important to know your rights and the potential obstacles you may face.

backinjury.jpg

In some instances, workers with pre-existing conditions, such as diabetes, will often take longer to recover from an on-the-job injury. If the worker suffers from partial or permanent disability, workers' compensation costs go up for employers. Even if an employer has advanced knowledge of the condition, workers' compensation benefits may still extend to total cost of an injured workers medical care and lost wages. Some states, including Connecticut, Florida, New York, and California, allow disability benefits to be split between and employer and another responsible entity, such as a former employer or state-controlled injury fund.

Continue reading "Compensation for Injured Workers with Pre-Existing Conditions" »

October 31, 2014

Average Salaries for the Most Dangerous U.S. Jobs


While many high-risk jobs are in widely known--industries such as logging, fishing, and firefighting--a new report reveals only a few of these high risk industries are also lucrative. A research company set out to find out the most dangerous jobs in America and how much workers were making. According to the study, which was recently published in Time Magazine, many workers are taking on significant risk for less than average salaries.

constructionworker.jpg

According to the BLS, the average wage for all professions was $34,750. Compared to wages collected by those in the most dangerous positions, only 4 of the top 10 dangerous jobs pay more than $10,000 above the average. The others pay around median or less than average. The highest paid dangerous job was airplane pilots who made an average of $129,600 per year.

So what are the most dangerous jobs in America and are they worth it? Here is a summary according to the FindtheBest data combined with wages posted by the Bureau of Labor Statistics Census:

Continue reading "Average Salaries for the Most Dangerous U.S. Jobs" »

October 26, 2014

Can Injured Workers Recover Damages for Pain and Suffering?


In the event of a workplace accident, victims do not have to prove that the company or another employee was at fault. Even if the injured worker was ultimately responsible for the accident, he or she is still entitled to workers' compensation. The only requirement to qualify for workers' compensation is that the injury occurred "while in the course of performing work-related duties." In personal injury law, victims are entitled to compensation for personal and financial damages, including pain and suffering. One of the trade-offs in workers' compensation law, is that victims are not entitled to direct payments for pain and suffering.

brokenbone.jpg

While you have likely heard about plaintiffs taking defendants to court in personal injury litigation, workers' compensation claims do not usually involve a dispute of facts. In most cases, a worker will file a claim after injury, and collect compensation for medical expenses and lost wages. Though injured workers are not able to collect for pain and suffering, they do benefit from the quicker turnaround of the workers' compensation system.

Continue reading "Can Injured Workers Recover Damages for Pain and Suffering?" »

October 24, 2014

Marta v. Reid: On Penalties for the Late Payment of Workers' Compensation Benefits


Marta v. Reid, an appeal heard by the Supreme Court of Georgia, involved the issue of whether there is a penalty for the late payment of workers' compensation benefits.

1018806_the_color_of_money.jpgThe facts in the case were not disputed by either party. Claimant filed for workers' compensation benefits following a 1999 on-the-job injury. A short time after filing the claim, employer started making payments. Claimant was determined to be entitled to 32 payments under a temporary total disability (TTD) rating.

Continue reading "Marta v. Reid: On Penalties for the Late Payment of Workers' Compensation Benefits " »

October 7, 2014

North Carolina Workers Killed on the Job: Proving a Workers' Compensation Claim


Sometimes an accident is simply an accident where nobody is at fault. In the context of most personal injury cases, the plaintiff tries to establish that, while we often use the term accident, it was actually negligent conduct by the defendant that caused personal injury or wrongful death. This is required for a plaintiff to collect. However, in a workers' compensation claim, an injured employee can receive benefits if he or she was injured on the job, even if the injury really was caused by an accident that nobody could have prevented.

wood---tall-838468-m.jpgAccording to a recent news report from the News & Observer, a worker was killed at a wood products company in Moncure, North Carolina when a large piece of machinery fell on him. Authorities are saying that the 29-year-old worker's death is under investigation, but they have not released details. The Occupational Safety and Health Administration (OSHA) has been contacted, as it is their responsibility to investigate all work-related deaths and other serious injuries in the United States.

Continue reading "North Carolina Workers Killed on the Job: Proving a Workers' Compensation Claim" »