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Greensboro Workers' Compensation Law Blog

Your employer should work to protect employees from harm

  • 30
  • November
    2016

The most common occupational illnesses in the U.S. include falls, musculoskeletal injuries and those from overexertion. Fractures, lacerations and other work-related injuries are also common.

It's your employer's responsibility to make sure as few accidents happen as possible. This can be achieved by providing important information on safety requirements to workers as well as making sure they are properly trained to do their jobs.

How workers' compensation benefits are calculated

  • 24
  • November
    2016

Accidents happen, and if you've suffered an injury while working in North Carolina, you may be eligible for lost wage compensation. This compensation is provided to you when you have missed over seven days of work due to an injury that took place on the job. This payment isn't due to you until you miss at least seven days of work, and those days won't be paid to you unless you end up with a disability that exceeds 21 days. In that case, the payment for those days will be added to the second benefits check.

If you are going to be receiving financial compensation from workers' compensation for lost wages, you need to understand how it's calculated. The income you will receive is calculated at two-thirds of your average weekly wage. The maximum you can receive each week is $978 based on the 2017 maximum recently approved by the government.

Injured in a coal mining accident? You deserve compensation

  • 16
  • November
    2016

Coal mining accidents can impact the lives of many people all at once. When a mine collapses or a shaft closes, it can block off the workers inside and make it hard for them to get help, food or water. For those who are injured, it's near impossible to get the medical care they need, leading to more serious injuries due to the wait time.

Coal mining accidents happen for a number of reasons including methane explosions, coal stockpile collapses or falls. Burns, coal miner's silicosis or pneumoconiosis are also possible injuries workers could suffer form. Each of these accidents or injuries can be hard on a person and could lead to disabilities or death.

Workplace safety must be a priority in all workplaces

  • 10
  • November
    2016

It should be obvious that a company should not profit at the expense of its workers' health. Workplace safety is incredibly important, and when regulations and safety procedures are not followed, the workplace becomes very dangerous for the people who are employed there. A Nov. 4 report covers this important topic, which should be at the heart of all workplaces.

When a worker is injured, it costs the company more than just an insurance premium. The worker may not be able to come back to work, which means lost hours and wasted money on training. The best way to prevent these kinds of expenses from getting out of control is to have a good workplace safety plan. One of the most effective ways to reduce costs is simply not to have costs related to injuries at all; that means taking steps to prevent injuries of all kinds in the workplace.

Can you seek compensation for common illnesses in the workplace?

  • 03
  • November
    2016

There are many kinds of workplace illnesses that can result in you having to miss work, from common illnesses like the flu or a cold to serious illnesses such as cancer caused by exposure to toxins. Even the most common workplace illnesses could result in a workers' compensation claim depending on your situation. Here are a few examples.

Catching the flu

Should a trucking company have workers' compensation insurance?

  • 28
  • October
    2016

Workers' compensation insurance covers you if you're injured in a work-related accident. Any employee working a typical job should have coverage provided by an employer.

Do trucking companies have to carry workers' compensation insurance?

The causes of workplace accidents that can be prevented

  • 21
  • October
    2016

There are several causes of workplace accidents. These common causes result in a number of injuries and deaths each year, but the most tragic part is that they can be prevented. Here are three of the most common that you can avoid.

The first cause is unsafe lifting. Employees who lift objects wrong or objects that are too heavy may tear, sprain or strain their muscles. This could lead to the need for surgery or result in torn ligaments that no longer function correctly, leaving you in pain.

Workplace illnesses you could face working in construction

  • 13
  • October
    2016

Suffering an injury on the job is a painful reminder of the reason safety protocols are in place. However, they weren't always, and not every workplace is as safe as it should be. Here's a few examples of the ways that you could be hurt on the job if your employer doesn't take the safety procedures necessary seriously. First, if you're an insulator, you could have been exposed to asbestos, solvents or epoxies that could lead to illness. Insulation created before 1975 contains asbestos that can lead to asbestosis. Working with glue solvents can lead to acute solvent syndrome or peripheral neuropathy.

If you are a roofer, you could face a number of other illnesses as well. If you remove roofing shingles, you could face lead poisoning. Or, if you applied asphalt to cables, pipes or roofing, you could face photoirritant dermatitis. Asbestos was also a problem for roofers in the past, so asbestosis is a possibility.

Captain of fire and rescue team killed due to unsafe operation

  • 07
  • October
    2016

When you or a loved one goes to work, there's always a risk of injuries. However, it's the job of your employer to keep those risks low. When safety procedures aren't followed, those who are hurt or the family of those who are killed can seek compensation through a lawsuit or workers' compensation claim, depending on the case.

The North Carolina Department of Labor has fined the Sherrills Ford-Terrell Fire & Rescue department after its captain was killed during an underwater recovery operation performed at Lake Norman.

How can a worker be misclassified as an independent contractor?

  • 29
  • September
    2016

If a worker is misclassified as an independent contractor, there are a few things that could happen. If the worker is injured, that worker won't have the workers' compensation coverage he or she deserves, requiring the individual to seek legal advice and help pursuing a claim either for workers' compensation coverage or for compensation for the cost of an injury and related expenses.

Misclassified workers miss out on many different benefits that other workers receive. They don't have access to overtime pay or unemployment insurance. They may not have access to workers' compensation or health insurance. Even the state loses money since the employer isn't paying taxes for the worker.

Jay Gervasi, P.A.
910 North Elm Street
Greensboro, NC 27401
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