Articles Tagged with workers’ compensation

An independent contractor at a BMW plant in Spartanburg suffered severe burn injuries while performing maintenance in one of the paint shops. sparks

According to, the worker’s injuries were so serious, he had to be airlifted to a medical facility in Augusta after receiving immediate medical attention from first responders. Augusta was the nearest location that specializes in treatment of burn victims.

Although we don’t know the details of what happened at the plant or what led to the injury, we do know the pain machine was not in production at the time of the incident. We also know that as this worker was an independent contractor of BMW, the vehicle manufacturer cannot be responsible for workers’ compensation benefits.  Continue reading

An appellate court in Pennsylvania has ruled a woman who lost her leg in an accident at work at the airport when she tipped a luggage tug should receive workers’ compensation. airport

Although this might seem like a straightforward matter, the fact of what she was doing at the time of the incident muddied the legal waters.

According to The Associated Press, plaintiff was operating the tug at the airport, but was on her way to meet her mother, from whom she planned to get food because she’d forgotten to bring her wallet to work. Continue reading

The Tennessee Supreme Court denied workers’ compensation benefits to the widow of a worker who died of an opioid overdose after taking medication he’d been prescribed following a work injury. pills

This ruling runs contrary to what a number of other state courts have decided, and was actually a reversal of the trial court consensus in Tennessee.

Opioid addiction and overdose has fast become a rising problem for employees and workers’ compensation insurance carriers. Many are discovering that the powerful painkillers used to treat acute and chronic pain following a job-related injury are highly addictive – and potentially deadly. Injured workers grappling with pain are prescribed Vicodin and OxyContin, Percocet and morphine. Continue reading

A North Carolina employer has been ordered to pay workers’ compensation benefits to a worker whose shoulder injury was caused by a work accident. Not only that, but also the North Carolina Court of Appeals ordered the company to pay a 10 percent penalty for failing to file its request to terminate the plaintiff’s disability compensation with the industrial commission after her unsuccessful trial return to the job. tires

The plaintiff worked for the defendant employer as a tire builder. While pulling at a tire, she felt her right shoulder “pop.” She was examined by a physician, who determined she suffered a “SLAP” injury, which is an injury that affects the labrum, or the ring of cartilage surrounding the socket of the shoulder joint.

She filed a claim for benefits, and a deputy commissioner awarded the plaintiff benefits for the injury to her shoulder and found her entitled to payment of future necessary medical compensation related to her injury.  That was in 2007. Three years later, the plaintiff suffered another injury at work to that same shoulder. Both sides agreed this was an exacerbation injury, meaning it was a continuance of the previous injury.

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A former data entry clerk for a South Carolina school district will have another opportunity to have her “change in condition” claim weighed. The original workers’ compensation claim stemmed from a May 2006 fistfight between two male students in which the plaintiff was pinned against a counter and sustained serious injuries to her neck and back. sad

Later that summer, the plaintiff filed for disability, alleging she was permanently disabled. A commissioner overseeing her case ruled she suffered 45 percent disability to her back as a result of the incident. However, her last payment of benefits was issued in January 2008.

Then, a year later, the plaintiff filed a claim for change of condition, asserting she was suffering from depression as a result of her back injury. She requested a change of condition hearing in March 2011.

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A workers’ compensation insurer lacked standing to bring a third-party liability claim against a negligent driver who caused injury to an insured worker. ambulance

That was according to a recent ruling by the North Carolina Court of Appeals, which disagreed with plaintiff insurer that N.C. Gen. Stat. § 97-10.2 granted it standing to file suit. That statute outlines claims against third parties under the state’s Worker’s Compensation Act.

The court noted that under this provision, it is the employee who has the sole right to proceed against a third-party wrongdoer in the first year after the injury. If the worker does not file an action in the first year and the employer has filed an admission of liability with the state industrial commission, then either the worker or the employer can go forward with a third-party liability claim. If neither the employee or employer file a third-party claim 60 days before the expiration of the applicable statute of limitations on that claim, the right of action goes back again exclusively to the employee.  Continue reading

Administrators with the North Carolina Department of Transportation said they have planned meetings with traffic engineers and officials with local governments in Mecklenburg County after a spate of crashes on the I-77 toll lane that is under construction. construction

According to, there was an uptick of 400 crashes last year in comparison to the three previous years. There was no one kind of crash that occurred in particular – rear-end collisions, sideswipes and crashes with fixed objects all rose in frequency in this entire construction zone. In the active work zone areas, it was even worse. There was a nearly 85 percent increase in the number of sideswipe crashes in this segment, and fixed object crashes were up more than 60 percent.

NCDOT said it plans to dispatch safety units and traffic engineers to conduct an analysis of what can be done to improve safety along this corridor. Officials did note that while crashes in construction zones tend to be more common than in other areas, they tend to be less severe and less likely to result in injury or fatalities. This often has to do with the fact that people may be traveling at lower speeds, but often in traffic patterns that are unfamiliar or even confusing.  Continue reading

The estate of a school teacher who died of mesothelioma can hold the school district liable that she for worked at the time of her alleged exposure to asbestos. teacher

That’s according to a ruling by the Commonwealth Court of Pennsylvania, which ruled that so long as the exposure leading to illness fell within one of the exceptions to governmental immunity, the case can proceed. The case is noteworthy for the fact that often, suing an employer for workplace injuries is barred under workers’ compensation exclusivity rules.

According to the case’s court records , plaintiff worked for the district as a high school mathematics teacher for a single year in the late 1950s. At the time, she was allegedly exposed to asbestos coming from dust in the pipes found in stairways, classrooms and hallways of the school. Of course, at that time many schools were constructed with asbestos-laden materials, including floor tiles, ceiling tiles and insulation. This was especially true for those who worked in the schools, those who were exposed to it day after day for years. Continue reading

Although occupational illness isn’t specific to any industry, there are inevitably some professions that are at higher risk for exposure to certain toxic substances or materials that can be harmful. One of these dangerous jobs is firefighting.firefighters

Not only are firefighters exposed to intense heat and smoke, but also they have direct exposure to the public. Additionally, they may have direct exposure to harmful building materials, such as lead and asbestos, that are known to cause debilitating conditions – even cancer.

Firefighters, police officers, and other first responders and government workers seeking workers’ compensation should speak to an attorney, since there may be some special considerations. Even volunteer firefighters and first responders are covered under state statute, although there are sometimes challenges in ensuring there are adequate funds to pay these claims.

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A tire company operating in North Carolina will have to pay a fine and correct a safety violation cited by the Occupational Safety and Health Administration (OSHA), after the North Carolina Court of Appeals rejected the argument that OSHA wrongly interpreted the statute. tire

The industrial safety statute in question is found in 29 CFR 1910.23 and N.C. Gen. Stat. 95-129(1), and requires that every open-sided floor or platform that is four feet or more above an adjacent floor or ground level shall be guarded by a standard railing on all sides, except where there is an entrance to a ramp or stairway or a fixed ladder. For purposes of the law, a platform is defined as a working space that is elevated above the surrounding floor or ground, such as a balcony for the operation of machinery or equipment.

In a recent case, the question raised by defendant following a worker injury was whether it was compliant with the aforementioned statute. Defendant argued that it was compliant because the location from which the worker fell was not a “platform.” OSHA disagreed, and the appellate court sided with OSHA.  Continue reading

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