Greensboro Workers' Compensation Attorney Blog

Can volunteers be eligible for workers' compensation benefits?

2013-06-19T13:56:02Z

The recent storm that ripped through the mid-Atlantic states caused widespread destruction from falling trees, windblown debris and fires. EMS workers, fire departments and volunteer services were all called into action and many residents are thankful for the services these people provide. One such volunteer firefighter in North Carolina lost his life during the course of his work at a residential fire. The question arises if, as a volunteer, this man's family would be eligible for workers' compensation death benefits.

Most states set forth what the specific classifications of employees are, what types of employees are considered "at-will" or if a person is considered an independent contractor. All these classifications have different requirements and knowing what classification a particular job falls into is not always easy. In North Carolina, however, there are situations in which a volunteer may be covered under workers' compensation benefits. Like some other states, workers' compensation benefits insurance premiums for volunteer emergency and law enforcement personnel are paid for out of a special fund administered by the state.

]]> The young man who was killed had a family that will be very grateful that such benefits are available. They must now begin the task of picking up the pieces of their own lives. It would be very helpful for this man's family to become familiar with the process by which benefits are applied for and what information is needed to file a claim.

Often the term volunteer is confused with the idea that these people may work for free or are not actually employees. In some cases this is correct, but in many cases it is not. Knowing a particular jobs classification and if those who work at that job are eligible for workers' compensation benefits or other state or federal benefits is important information to have before an incident takes place.

Source: myfox8.com, "Storms lead to death of volunteer firefighter, elderly man in Wilkes County," June 13, 2013

Senate Bill 174 would alter state's workers' compensation system

2013-06-11T20:55:16Z

As anyone who has been injured while working is likely aware, obtaining the proper treatment as soon as possible is important to one's recovery. If Senate Bill 174 becomes law injured workers in North Carolina may have to wait longer to get workers' compensation benefits to pay for things they need to address the workplace injury.

Currently in the state of North Carolina, in order to obtain workers' compensation benefits, the appropriate paperwork needs to be completed. Under the proposed legislation however, rather than that process a hearing before the Industrial Commission would be required. According to the chair of the workers' compensation section for the North Carolina Association of Defense Attorneys, the change could lengthen the entire process by up to two months. The hearing would also be required in situations where a worker who previously had benefits that were ended by an employer sought to get them back.

]]> When a worker is hurt on-the-job that individual's life may be sent into a tailspin. This is particularly true if he or she is too injured to work and in constant pain. In situations such as this it is likely that few workers in the state of North Carolina would find the changes proposed in the legislation appealing.

Under the current workers' compensation system many Piedmont Triad area workers may find it difficult to obtain requested benefits. In these situations many find it beneficial to work with a lawyer who handles such matters. Should Senate Bill 174 pass, it is likely the assistance of a workers' compensation lawyer would be even more beneficial.

WSOC, "9 Investigates: NC bill would change workers' comp rules," Linzi Sheldon, May 22, 2013

Carpal tunnel prevalent injury in poultry processing

2013-06-07T21:08:04Z

Not all worker injuries are the result of one specific incident. For many who suffer the injury of carpal tunnel in the state of North Carolina, the process of developing the condition takes time. One of the industries in which this condition is common is poultry processing.

Workers employed at a poultry plant will likely participate in the following activities: eviscerating, deboning and cutting apart chickens. Completing those actions over and over again could ultimately lead to the development of the repetitive stress injury. Presumably, the faster each step is performed, the more times each worker would have to complete each motion. This is relevant since the United States Department of Agriculture is contemplating speeding up the process.

]]> The faster slaughter process would be the result of the USDA changing the way in which poultry are inspected. That change would place the focus on dangers to those who consume the food, such as bacteria. As an added benefit the process would be sped up and businesses would likely make more money.

A study on the matter was recently completed by the National Institute for Occupational Safety and Health. Though it focused on only one poultry processing plant, its results were significant. After two visits to the facility last year, it found that 42 percent had signs of carpal tunnel such as numbness, burning, tingling or pain in their wrist or hand. For some it is so bad that it awakens them from sleep.

Despite the study results the inspection change appears poised to go into effect. How it will ultimately affect the workers remains to be seen.

Source: Huffington Post, “Poultry Worker Study Finds Alarming Rate Of Carpal Tunnel As USDA Considers Line Speedup,” Dave Jamieson, June 5, 2013

Summer heat poses risk to some North Carolina workers

2013-06-05T15:46:03Z

There are many dangers workers in North Carolina face on a daily basis. Some of those dangers change from season to season. For instance, with summer around the corner, individuals who work outside may find that extreme temperatures increase the risk of a workplace injury.

While construction workers are likely the first group of individuals who come to mind when thinking about who could be affected by the summer heat in North Carolina, the issue is not limited to them. Other types of workers including those who work on the tarmac at airports, and in agriculture and landscaping could also be at risk. The best way to address the matter is to make sure workers take breaks and stay hydrated by consuming plenty of fluids.

]]> The US Department of Labor’s Occupational Safety and Health Administration is also looking to ensure those who work outside stay safe. Accordingly it provides educational materials to employers that can be used to train employees on how to avoid illness due to heat. In addition, it recently created an application that can be downloaded onto a phone or similar mobile device to help keep track of the heat index at any given time. It also provides tips that can be used by workers to make sure they stay safe. The app is free.

After long winters with cooler temperatures, many look forward to the warmer weather that comes with summer. While dangers for workers may accompany the season, with the right precautions, it can be enjoyable for all, even those who work in it.

Source: WEKU News, "New OSHA App meant to Keep Workers Cooler," Stu Johnson, June 3, 2013

Lack of safety feature on saws leads to worker injuries

2013-05-29T19:34:03Z

In every job there are a variety of ways in which a worker could be injured. For construction workers in North Carolina, injuries may be incurred while working with power tools such as saws. All too often workers suffer serious lacerations or even amputations of fingers when something goes wrong while cutting a piece of wood. When this happens, it is possible that the worker will seek benefits via a workers' compensation claim.

To help reduce the number of workers’ compensation claims filed, many employers take action to improve workplace safety. In the case of carpenters or those working in construction that could involve using tools that are equip with safety features. Because individuals using table saws lose a total of 4,000 fingers each year, employers may want to consider purchasing saws equipped with flesh-detection technology. A part of saws made by at least one manufacturer, StopSaw, the technology stops the saw blade from spinning as soon as it comes into contact with anything the consistency of flesh.

]]> The device works by sending a weak current of electricity through the blade of the saw. This current is absorbed by flesh when it comes into contact with the blade, lowering the current in the blade. This change triggers a spring that applies a brake to the blade, stopping it. In addition, it also causes the blade to be retracted below the table.

Considering the positive impact this technology could have on accidents at construction sites, many may be surprised that saws employing it are not widely used. While approximately 500,000 table saws are sold throughout the nation each year, to date only around 40,000 saws with this technology, marketed under the name StopSaw, have been sold. While there are likely many reasons for this, the fact that such safety standards are not required as well as a higher price tag, are probably two reasons. Because of the long term impact such injuries can have on the life of an injured person, many not feel that these are not good reasons.

Source: Mother Jones, "Saws Cut Off 4,000 Fingers a Year. This Gadget Could Fix That." Myron Levin, May 16, 2013

Excessive use of opioids by injured workers a national problem

2013-05-24T14:52:00Z

When a work accident leaves a North Carolina worker with an injury that makes it impossible to do one's job, it is highly likely that the injured worker will seek workers' compensation benefits. Among other things, the benefits serve to alleviate the financial burden that accumulates as that person heals. Workers who receive workers' compensation benefits are unable to immediately return to their job after suffering an injury related to their job are often in a lot of pain.

Managing that pain is a part of a worker's recovery. Accordingly, opioids are often prescribed to help in the matter. While when used correctly the use of these drugs can be a good thing, because of their addictive nature, when used incorrectly, they can cause even bigger problems for the injured worker. These problems include a longer period of recovery and in some cases even a dependence on the drugs.

]]> There are a variety of situations in which opioids could be prescribed to a patient. Generally they are provided to injured workers in the following situations:

For general pain control
After a surgical procedure
To deal with chronic pain after a catastrophic injury

In addition to possibly leading to an addiction, the use of opiates affects workers compensation plans financially as well. Overuse has been tied to longer periods of disability which results in an increase in medical costs. The issue is one that affects the state of North Carolina where long-term use of opioids by workers who are injured on the job is one of the highest in the nation.

In an effort to try to get control of the problem opiates are causing in workers' compensation systems throughout the nation, many payers are seeking to establish other effective pain management techniques. In addition, some states are working to legislate the way in which the drugs are prescribed.

Source: Insurance Journal, "Opioid Epidemic Plagues Workers’ Comp," Denise Johnson and Don Jergler, May 17, 2013

Machine accident at North Carolina hog plant injures woman's arm

2013-05-22T17:04:02Z

It is fair to say that no worker in the state of North Carolina is prepared to be injured as a part of their job. Despite this, such injuries occur on a regular basis. While in some cases the injuries suffered are minor, in others, they are catastrophic. One such incident occurred earlier this month at a hog plant located in the state.

The work accident occurred as a woman was working with a machine at the hog plant. Her arm was reportedly pulled into the machine. It is believed that her shirt became stuck in the machine causing the incident to occur. The status of the woman's condition is not known.

]]> Following the incident the facility was shut down for several hours. This likely allowed investigators to assess the area and gather information for the investigation that is expected to take as long as six months to conclude.

Incidents involving worker appendages and machinery can result in the loss of a limb. In the worst case it is possible that a worker could even lose his or her life in the incident. Though specifics regarding the woman's status are not clear it is almost certain that she will have a long period of recovery, if she is even able to return to work.

Workers need not suffer a catastrophic injury like this one to obtain workers' compensation benefits. Even more minor injuries could result in a worker being on the receiving end of such benefits for a period of time.

Source: Elizabethtown Bladen Journal, "Woman injured at hog plant in Tar Heel," W. Curt Vincent, May 2, 2013

Injuries common for dancers on popular reality program

2013-05-17T16:18:00Z

Viewers throughout the nation, including in North Carolina, look forward to tuning in each week to the hit reality program "Dancing With the Stars." While many likely think about the show strictly as entertainment, the reality is the stage the stars and their partners dance on each week is a workplace. So too is the studio in which they practice.

Safety became an issue earlier this week when dance pro Karina Smirnoff spent time in the hospital as a result of an injury she suffered while practicing. She reportedly fell and landed on her jaw. The previous week, fellow dance professional Mark Ballas, injured his lower back when he compressed two discs. Throughout the seasons many of the stars have been injured as well.

]]> Some believe that training in techniques that could prevent injuries should be taught to both the professional dancers and the stars as well. A couple of classically trained dancers who were approached by a producer for the show reportedly offered their services in that capacity only to ultimately be turned down.

While in many cases safety programs that could reduce the number of injured workers fall to the wayside due to a lack of funding for training, one source reports that in this particular case funding is not an issue. Instead, the decision to not take the couple up on their offer is reportedly one that was made by the professionals on the show who are charged with teaching their star partners how to dance.

As this reflects, workers in virtually any occupation can suffer injuries while working. In many cases when this happens workers' compensation benefits are available.

Source: FoxNews, "Source: ‘Dancing with the Stars’ pros reject offer to help prevent on-set injuries," Hollie McKay, May 14, 2013

Farm workers face injuries and illnesses daily

2013-05-15T14:40:02Z

It is doubtful that many people think about the source of their food when they sit down to eat a meal. Those who do ponder it are likely focused on where the food came from and whether it is organic or genetically modified. There is another factor that could influence food choices for residents of North Carolina, however. That factor is the safety procedures in place to protect workers producing the food we eat.

While perhaps not the first occupation that comes to mind when one thinks about dangerous jobs, farming is actually quite dangerous for a variety of reasons. According to a recent report issued by the Center for Progressive Reform, each day, hundreds of workers become ill or are hurt while working in the farming industry. Worse, an average of one farm workers loses his or her life each day.

]]> Risks individuals working in agriculture regularly face include:

Repetitive stress injuries
Electrocution
Exposure to pesticides
Entrapment in grain silos
Slip and falls
Overturned equipment
Strain due to the heat

In addition, those involved in handling the food once it is harvested face injuries in truck accidents and in warehouses.

Most would agree that workplace safety is important whatever the occupation and that workplace injuries should be reduced. While the Occupational Safety and Health Administration has created safety standards for many workplaces and conducts investigations to make sure they are being followed, due to the number of injuries, illnesses and deaths it appears clear that there is plenty of room for improvement.

Source: People's World, "Report: Food on American tables costs a life a day," Mark Gruenberg, April 25, 2013

Fire at North Carolina propane facility hospitalizes 3 workers

2013-05-08T21:11:00Z

Workplace injuries occur all too often in North Carolina. While in some cases the injured workers completely recover without any lasting consequences, in others, pain and scarring linger long after the incident that produced them. An injury that typically falls into the latter category is burns. These on-the-job injuries are most likely to occur in situations where workers are exposed to flammable materials.

Earlier this month several men were injured with burns in a workplace accident involving a fire. The incident occurred at a North Carolina propane storage facility. As a result of their injuries, the three men were transported to a nearby burn unit via helicopter.

]]> According to the vice president of the company that owns the facility where the incident occurred, the three workers were in the process of moving propane gas from one place to another when the fire broke out. The workers, who were described as experienced, were doing a task that is considered routine.

The fire was not the result of an explosion and is being called a freak accident. While an Occupational Safety and Health Administration inspector was called in to conduct an investigation, it is believed that the fire likely was the result of a static electricity spark. Whether the business will be cited by OSHA, remains to be seen.

Burns can be a particularly difficult injury to recover from. In addition to being extremely painful, it is not uncommon for them to result in serious scarring. Though the extent of the workers' injuries is not entirely clear, none were expected need to stay in the hospital for an extended period of time. In any event, it is still possible that some of them will need to seek workers' compensation benefits.

Source: WLOS, "Freeman Gas Workers Burned," Ashlea Surles, May 3, 2013

Aggravation of preexisting condition prompts workers' comp

2013-05-06T20:39:00Z

Most are probably aware that under many circumstances injuries suffered while working are eligible for workers' compensation benefits. But what if the part of the body injured in a work place incident suffered damage in a previous incident outside of the workplace? Recently the North Carolina Court of Appeals addressed this very issue. It determined that in certain situations, the aggravation of a preexisting injury did not necessarily preclude the receipt of workers' compensation benefits.

]]> The claim was sought by a woman who works in a grocery store. One day, while walking in her backyard she reportedly stepped in a hole which resulted in her twisting her left ankle. Approximately a week later she caught her left foot on something in a walk-in cooler which caused her to fall on her other leg, inflicting injuries. In addition to tearing her meniscus, she also reportedly suffered a bruised bone.

Those injuries prompted the woman to seek workers' compensation benefits which her employer, the grocery store, denied. In its denial the store alleged that the injuries were actually due to the fall she had taken at home a week prior to the work incident. When a claim for workers' compensation benefits is initially denied, such as in this case, it is possible for a worker to appeal that decision. This is what the woman in this case did, causing it to end up at the North Carolina Court of Appeals.

The court found in favor of the woman and determined that the work accident left her entitled to:

Temporary partial disability payments
Medical compensation
Average weekly wage compensation

In reaching that conclusion the court looked to several things. The first was information provided by the injured worker. In addition to saying the fall at home did not cause the injuries she suffered to her right leg, she also reportedly did not need to seek medical assistance. In addition, a doctor determined that even if the worker had a preexisting condition, the workplace accident aggravated it.

Source: Risk and Insurance, "Worker connects injuries with fall at work rather than incident at home," May 6, 2013

Preemptive action may prevent carpal tunnel

2013-05-03T20:21:00Z

There are many situations in which a worker may suffer an injury related to his or her work In North Carolina. While serious injuries often occur after a catastrophic accident, each day workers who routinely engage in the same activity over-and-over could be working themselves toward more than just a paycheck. They may be putting themselves at risk for carpal tunnel as well.

Carpal tunnel often makes its presence known when a worker experiences issues with getting a grip on an object or being able to pinch. Weakness or numbness in a worker's hands could also be an indication that the worker has carpal tunnel. These issues are due to injuries suffered to a worker's nerves in his or her wrists or hands.

]]> Some of the individuals most at risk for this injury are those who perform the same motion repeatedly such as in a factory setting. It also can affect otherwise sedentary workers who spend a lot of time working with computers, typing and maneuvering a mouse.

The best ways for workers in an office setting to stave off carpal tunnel is to pay attention to the position of his or her body. In addition to sitting up straight and keeping one's gaze forward, reducing compression on one's wrists by keeping them in a neutral position is also a good idea. Placing one's feet flat on the floor and positioning elbows close to the body also helps to keep the condition at bay.

As is the case in other injuries suffered by workers in a workplace setting, workers in all types of workplaces who find themselves dealing with carpal tunnel may be eligible for workers' compensation benefits. Such a situation could arise should the syndrome become so serious that it makes it impossible to work for a while.

Source: Journal Courier, “10 ways to avoid carpal tunnel syndrome,” MaryJane Slaby, April 22, 2013

Construction worker injured on the job

2013-05-02T21:16:02Z

Imagine that you are working, as you do every day. All of a sudden, something goes wrong. One moment you are just doing your job, and all of a sudden, you are struck by scaffolding. This sounds a bit dramatic, but it happened to a construction worker in another state.

The construction worker is slowly recovering after a workplace accident on the job, which injured him. The man, a carpenter for a company, was in a 20-foot ditch one morning when a piece of scaffolding struck the man. The handrail piece had broken free.

]]> Luckily, no one else was injured in the accident, and the construction could continue on. Nevertheless, the construction worker had to be pulled out of the ditch. A spokesperson from the facility noted that the injured worker appeared to be doing well.

Sometimes, stuff happens. We cannot control it. This is especially true on worksites. Things fall and break apart all of the time. When such incidents occur, people often are injured.

Fortunately, many states provide workers' compensation, which is a recovery program that provides benefits (without proving negligence) to workers who are injured on the job. The benefits help pay for medical expenses associated with the workplace injuries.

If you have been injured on the job, you deserve compensation. As you take the time to recover, you will need financial support. To learn more about your state's program, you can speak to a local personal injury attorney in your area. A lawyer can help you learn about your rights and responsibilities.

Source: Cincinnati.com, "Construction worker recovering after accident at Children's," Jennifer Edwards Baker, April 25, 2013

More North Carolina workers died last year than thought

2013-05-01T20:16:05Z

Many residents in the state of North Carolina may have taken pride in the news that in 2012, only 35 individuals died while working. Though this is the number reported by the North Carolina Department of Labor regarding injured workers who died, the National Council on Occupational Safety and Health apparently does not find it to be accurate. It recently released a report that while acknowledging the number of deaths related to workplace incidents is down, indicated they were still close to three times as many as the report released by the N.C. Department of Labor.

]]> Workplace incidents that result in the death of a worker can take many forms. There can be accidents at the location from which the business is run such as offices or factories. In other instances, construction workers are involved in accidents at construction sites. There are other scenarios in which a death can occur as well. Unfortunately many work related deaths involve motor vehicle accidents or violence in the workplace. The failure of the N.C. Department of Labor to include these deaths is reportedly what resulted in the lower numbers. The North Carolina report also failed to include deaths that involved those who employed themselves.

While as mentioned above even when accounting for the additional deaths the number overall in the state of North Carolina has decreased, according to the report from the National Council on Occupational Safety and Health, it could be lower. This could possibly be reached through harsher action on the part of the group that oversees workplace safety in North Carolina--N.C. OSHA. The U.S Labor Department conducted an audit in 2010 that among other things discovered the state did not handle workplace complaints or prescribe large enough fines to employers deemed to be in violation of safety standards.

Source: Charlotte Observer, "NC job deaths undercounted, study finds," Ames Alexander, April 30, 2013

Construction site accident civil suit leads to $1.7M award

2013-04-26T15:54:36Z

It's no secret that construction sites can be dangerous places. When a worker is hurt at a construction site in the triad area the injuries can be serious, leading to lifelong issues and the inability to work. When a worker is injured in such a setting, he or she may be able to obtain workers' compensation benefits. In addition, in some situations the worker may also be able to file a civil personal injury lawsuit against those whose negligence may have contributed to the incident occurring.

]]> A construction worker from another state recently filed a personal injury lawsuit after he was injured in a construction site accident. The man was reportedly hurt several years ago when he fell approximately 25 feet from a manlift. A failure of certain components of the manlift was to blame of the fall. As a result of the incident he man broke his femur and struck his head. Following the incident the man was unconscious for a time and had to undergo surgery on his leg.

The man sued several entities alleging, among other things, that proper maintenance inspections were not being completed at the appropriate times. In addition, the manlift was reportedly being used in a way that it was not supposed to. A judgment was recently rendered regarding the matter. The injured worker was awarded a total of $1.7 million.

Of the $1.7 million, the three defendants will share in paying $1 million in compensatory damages. The remaining $700,000 is punitive damages and will only be paid by the company that owns the manlift the man was using when the incident occurred.

Source: Alabama Live, "Daphne man awarded $1.7 million in damages from ThyssenKrupp construction accident," Brendan Kirby, April 4, 2013