Articles Tagged with work accident lawyer

In today’s construction and manufacturing industries, moving large, heavy loads is critical to operations. There has been a great deal of technology developed for this purpose, and the U.S. Occupational Safety and Health Administration (OSHA) requires both careful training and extensive workplace precautions on job sites that utilize cranes. This is imperative because cranes and other lifting devices can be extremely dangerous not just for the operators, but for those working within close proximity to them.crane

OHSA in 2014 updated its standards for operator certification for safe operation of cranes and derricks. The requirement is that by Nov. 10, 2017, all crane operators must be certified, and employers have a duty to ensure crane operators are competent to operate a crane safely. How much that will help improve crane safety remains to be seen, but safer operators certainly will mean safer workplaces.

Recently in Seattle, a crane mishap on a construction site caused major property damage, though amazingly no worker injuries.  Continue reading

Drug and alcohol impairment on-the-job can pose serious hazards for workers. However, it’s not necessarily a deal-breaker in terms of workers’ compensation. It really depends on the underlying circumstances and whether the worker was appreciably impaired and the impairment caused the injury. bud

This issue is going to be coming up with greater frequency as pro-marijuana legislation sweeps this country. Although the drug is still illegal in both North Carolina and South Carolina, bills have been floated in both states that would change that. As it now stands, more than half the states in the U.S. plus D.C. allow the drug for medicinal purpose and a handful allow it for recreation. The question of what constitutes as marijuana “impairment” is a tough one because unlike alcohol, THC (the active ingredient in marijuana) remains in one’s system for much longer than 24 hours. That means evidence of the drug in one’s blood stream – even at higher levels – does not necessarily prove intoxication.

Recently in Colorado, it was revealed that a worker who died after being crushed in a Denver factory had THC in his system. However, the investigation by the Occupational Safety and Health Administration is more heavily focused on the purported flaws in the equipment.  Continue reading

Workers who are injured on-the-job have the benefit of a no-fault system of compensation, wherein they don’t have to prove the company made a mistake in order to receive help with medical bills and lost wages. The trade-off of this is that workers cannot then turn around and sue their employer for a personal injury in civil court. forklift1

This schema is fairly straightforward, but the waters can be muddied when other companies or individuals are involved. There might be reasonable grounds for third-party litigation, but it really depends on the circumstances.

In the recent case of Black v. Dixie Consumer Products, the question was whether a worker was allowed to pursue personal injury compensation from a third-party company, not his employer. The U.S. Court of Appeals for the Sixth Circuit weighed in. Continue reading

Workers’ compensation benefits in South Carolina are available to almost all employees whose injuries occur on the job. Wage loss benefits are based on an individual’s average weekly wage at the date of injury. Workers are to receive 66 and 2/3 percent of their average weekly wage in the six months prior to the injury, not to exceed $784.03 per week as of 2016 according to the South Carolina Workers’ Compensation Commission.businessman

For self-employed workers who suffer injury, the issue of compensation can get a bit sticky.

The commission reports that sole proprietors and partners are considered owners and thus not automatically included under workers’ compensation, but they can elect to be covered if they are active in the business and have given appropriate notice to the insurance company. The only way owners would be automatically covered is if they were also employees. Continue reading

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