Articles Posted in Workers’ Compensation Procedures

The constitutionality of Florida’s workers’ compensation system may still be challenged as plaintiffs in the case, who were denied review by the Florida Supreme Court, have asked the U.S. Supreme Court to weigh in.gavel5

In Stahl v. Hialeah Hospital, plaintiffs are challenging the constitutionality of significant changes made to Florida’s workers’ compensation law back in 2003. It’s just one of many states in which workers’ compensation protections have been rolled back in recent years. This is an example of workers fighting back.

The question raised in Stahl is whether Florida’s workers’ compensation system is an adequate exclusive remedy for workers who are injured.  Continue reading

The National Safety Council (NSC) has released a list of its top 7 workplace hazards.worker

Nothing on the list is particularly earth-shattering, but it all requires review, considering how many workers continue to be injured in accidents that are entirely preventable.

The NSC’s consultants travel the country year-round to conduct workplace safety audits for companies whose leaders want to ensure they are in compliance with not only the industry standards, but the law.  Continue reading

Workplace deaths in the U.S. have inched upward for the first time since 2010, according to the finalized data by the Bureau of Labor Statistics (BLS) on 2014 death statistics. workersengineers

The preliminary count of workplace deaths that year was 4,679, but the final figure was higher: 4,821. That makes it the highest annual total since 2010. It also brings the fatal work injury rate in the U.S. to 3.4 work deaths per 100,000 full-time (or equivalent) workers. That’s up form the 3.3 fatal work injuries per 100,000 that was reported in 2013.

What these figures mean is that we have 13 work-related deaths every single day in the U.S. That is more than a dozen families who saw their loved one off at the start of their shift and never got to see them come home.  Continue reading

South Carolina courts have long recognized that an employee’s pre-existing health conditions do not prevent that worker from having a compensable work injury – so long as the injury happened in the course of and arose out of the worker’s employment. So workers can’t be denied compensation for a work injury claim simply because he or she was more susceptible to injury than a person who was otherwise healthy. firefighter1

Further, pre-existing injuries that are aggravated by a work injury claim may be compensable. However, there has to be proof of aggravation.

This issue was raised in the recent case of Gill v. City of Charleston, which involved a firefighter injury in West Virginia.  Continue reading

Authorities in New Jersey recently reported on an incident involving a Port Authority worker who was struck by a hit-and-run driver, who was later located and arrested for DWI and leaving the scene of a crash.workzone

A host of similar incidents occurred in the Carolinas last year, including:

  • A South Carolina construction worker struck and killed on S.C. 170 in Greenville by an alleged drunk driver who fled the scene, but was later caught.
  • A state Department of Transportation worker killed in Goldsboro on U.S. Highway 70 at a construction site, where a 28-year-old driver had driven into the median. The driver, who was impaired, also had two children in the vehicle with her. The worker was survived by his wife and twin 18-month-old daughters.
  • A construction worker was struck on I-85 in Spartanburg County by a hit-and-run driver. He suffered critical injuries.

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Construction workers are often at serious risk of injury and even death, particularly when industry safety practices are not followed. steeltube

Claims for compensation in these matters – whether through the workers’ compensation system or by third party liability lawsuit – are often complicated by the fact that many construction sites have a number of entities and employers and contractors involved.

In the recent North Carolina Court of Appeals case of Bullard v. Peak Steel, plaintiff sought compensation via a third-party liability lawsuit against the construction company on whose site her husband was fatally injured. Trial court had dismissed the claim for lack of subject matter jurisdiction because it concluded the worker was in fact an employee of the defendant, meaning the Industrial Commission had jurisdiction over the claim. The appellate court ultimately affirmed this conclusion, meaning workers’ compensation death benefits would be her only recourse at this point.  Continue reading

Many North Carolina workers’ compensation claims will ultimately settle by way of a “clincher agreement.” This is a compromised agreement or settlement between an employer, the insurance company and the injured worker. mineelevator

In most cases, this involves a lump sum cash settlement and coverage of certain medical expenses in exchange for release of all future reliability against both the employer and the insurer. It’s imperative in these negotiations to ensure your attorney is actively involved in the process. These agreements are essentially contracts, and there could be lifelong implications. Workers have to be sure that not only are immediate and outstanding medical expenses will be covered, but future claims as well. That may require extensive medical analysis and an in-depth look at future costs.

It was  a “clincher agreement” that was at the center of Newlon v. Teck American, Inc., a case recently before the Montana Supreme Court. Continue reading

Construction work is one of the most dangerous occupations in the United States, and demolition work is even more dangerous that the average construction project. Some demolition projects involve teams using carefully placed explosives, so a large building implodes and neatly collapses on itself, but the vast majority of demolition work involves people with power saws and sledgehammers taking a building down piece by piece.
According to a recent news article form ABC 7 News, a demolition worker was just killed when a building in which he working in midtown Manhattan collapsed around him.

dangerhardhat.jpgAuthorities have said one worker was killed and another was injured when the building internally collapsed while they were inside. Specifically, a large portion of the ceiling broke lose from its support on the rear side of the building and started falling from the top of the eight story structure. As it fell, it crashed through floor after floor, crushing one worker who died on the scene and injuring the other. The worker who was killed is believed to have died as soon as the debris landed on him and did not suffer.
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North Carolina has very diverse economic base. There is still a great deal of manufacturing in part of the state, as well as a strong technology sector in the area known as the Research Triangle. However, agriculture still makes up a very large portion of jobs in the state economy, and among the different types of agriculture, poultry farming is particularly prevalent, as are pig farms.

chicken-1403659.jpgWhile we used to have mainly privately owned farms with a decent number of chicken coops, many of these family farms have been bought out by what we now call super farms, or they were otherwise forced to close. This is also true of the pig farms, which have been closed to make way for major national producers such as Smithfield, which has large operations centers in the state of North Carolina.
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A worker at an Abercrombie & Fitch distribution center was killed when he crashed his forklift into another forklift at the distribution center according to a recent news article form the Columbus Dispatch. Authorities say worker was in his mid to late 40s. They have not released the name of employee who was killed on the job, so his family could be notified first.

Forklift Picture for Equipment Accident blog post.jpgImmediately after the forklift collision, someone at the distribution center called 911, and first responders arrived at the warehouse. This particular facility was just across the street from the company’s headquarters, so corporate executives were also on site following the worker’s death.
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