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Most truck manufacturers these days equip their trucks with Electronic Control Modules, which many people often refer to as “little black boxes.” Though, according to FindLaw, the original purpose of these boxes was to protect trucking manufacturers against invalid warranty claims, an increasing number of personal injury attorneys have been using them to support their clients’ claims. This is because these black boxes record a host of operational data, including time driven, overall average speed, highest speed, seat belt usage, idling time, etc. Though they provide a wealth of evidence in trucking accident cases, most states have established that ECMs are the property of the trucking companies, which means the companies have the right to keep or destroy the evidence as they please. If you are the victim of a truck accident, the destruction of the data could have adverse implications on your truck accident case. An experience lawyer, however, can move quickly to protect the ECM and the evidence it contains. How an attorney can help preserve black box evidence Despite the fact that ECM’s are typically property of the trucking companies, there are a few legal measures an attorney can take to protect the block box from destruction. The first is to either file an immediate protective order or to come to a written agreement with the trucking company. Either can help to ensure the preservation of black box data. Immediately after filing a protective order or coming to an agreement, your lawyer should seek a court order to limit the movement of the truck while the case is pending. This step may involve figuring out who has possession of the truck in the first place. When requesting the court order, your attorney must specifically state that the order is for the retention of the ECM data and any other onboarding data the truck may contain. Finally, if the truck was immediately in front of or behind your vehicle, your attorney should try to extract ECM data from your vehicle as well.

Focusing too heavily on one prevention method or another may cloud the vision of construction companies and keep them from recognizing other valuable strategies for protecting their workers. Construction companies in North Carolina that understand the value of a well-rounded safety plan may be more effective at optimizing their resources. While thorough and timely communication is crucial to protecting workers, construction companies can also benefit from expending the necessary resources to train, inform and motivate their workers to play an active role in their protection at work. The role of documentation According to Nearby Engineers, documentation can provide a paper trail of required evidence that can be used if an accident or injury occurs on a construction project. However, its purposes go much deeper than providing information. Documentation that is properly filled out can be a valuable incentive for worker protection by allowing project leaders to assess the capabilities and qualifications of subcontractors that are hired. Licenses and certifications that are not documented could not only result in legal consequences for construction companies but can be a hazard to worker safety if a project proceeds without the adequate experience and skills from hired subcontractors. Incentives for construction companies While providing optimal protection may be incentive enough for construction companies to implement policies for documentation, there are other beneficial outcomes for the company itself. Esub Construction Software reminds companies that proper documentation tactics coupled with evidence of worker safety as a top priority, are ways that construction companies can maintain their reputation and credibility as entities that are committed to protecting their people.

Driving on North Carolina roadways may be daunting at times. You may feel overwhelmed with emotions when stuck behind a slow driver, especially if you are late to an important meeting or appointment. If you have experienced feelings of road rage at some point within the last year, you are certainly not alone. According to AAA, more than 80% of American drivers confess that they have felt road rage. It is the dangerous driving behaviors that accompany this rage that pose a danger to others on the road. Identify the signs If you are able to spot the signs of road rage, you could potentially prevent an accident from happening. These include the following: Failing to yield to other drivers’ right of way Racing other vehicles or speeding Cutting off other drivers or blocking them from changing lanes Excessive honking, yelling obscenities or using inappropriate hand gestures Failing to adhere to stop lights, Following too closely or tailgating AAA also reported that nearly 8 million drivers showed elevated forms of road rage, which involved intentionally hitting other vehicles or physically confronting other drivers. Contact the authorities Whether an aggressive driver has targeted you specifically or you observed someone driving in an aggressive manner, you should know what to do. Avoid interacting with the angry driver. Try not to make eye contact, yell back or exchange hand gestures. Instead, contact law enforcement and inform them of the situation. You may be able to prevent an accident from occurring.

In the immediate aftermath of a car accident in Greensboro, your first reaction may likely be to understand what might have caused the person who caused the crash to make such an egregious error behind the wheel. Those in similar situations that have come to members of our team here at Jay Gervasi, P.A. for help sometimes paint a similar picture: drivers emerging from their vehicles with food stains on their clothing and hands. This prompts the question of whether the other driver might have been eating when the accident occurred. Eating while driving may not strike you as a serious driving distraction, but statistics show that it indeed is. A dangerous (and common) driving distraction Indeed, information gathered in a joint venture between the American Academy of Orthopaedic Surgeons and the Auto Alliance shows that those who choose to eat or drink behind the wheel are 3.6 times more likely to experience a car accident than those who do not. What is even more alarming is the statistic shared by Exxon Mobil, that as many as 70% of drivers admit to eating while driving. This no doubt contributes to the data shared by the National Highway Traffic Safety Administration, which estimates that as many as 80% of car accidents may be due to this particular distraction. Why is eating while driving distracting? Eating may seem to you to be such a natural action that it hardly seems distracting. Yet a closer look at the actions involved shows that the driver that hit you (had they been eating when the collision occurred) would have had at least one hand off the steering wheel (to grasp their food), and their attention as well as their vision off the road. Cumulatively these distractions are sufficient to cause an accident. You can discover more information on distracted driving throughout our site.

Most employers in North Carolina are required to carry some type of workers’ compensation insurance that covers employees when they are injured or become ill on the job. While it is at times difficult to determine if an incident falls under workers’ compensation, there are five steps every worker should take when they have been injured on the job, according to the North Carolina Industrial Commission. The first step is to seek out medical treatment and report the injury to an immediate supervisor or the employer. There may be a healthcare provider on site or the employer can direct the employee to an approved clinic. If there is no designated clinic or provider, it is important that the employee seek the appropriate medical attention for their needs immediately. The second step is to discuss the injury with a healthcare provider and make sure they know it is work related. This means that the provider can bill the appointment and treatment as a workers’ compensation claim. The third step is to inform the owner of your company or your employer that the accident was work related. If it is possible to do this personally, that is the best way to do it, but a friend, healthcare provider or family member can also pass on the information as soon as possible. The fourth step, provided by FindLaw, is to give a written notice to the employer as soon as possible, but always within 30 days. The statement should include a brief description of the injury and the date of the accident. A family member or friend can write a letter if the injured is unable to do so, and a copy should be kept for their records. Finally, the fifth step requires that the injured follow the treatment guidelines given by the healthcare provider. By following these five steps, workers can get the appropriate treatment for their injury and get back to their jobs as soon as possible.

Trampolines are a lot of fun. They also provide a great way to get some exercise without it feeling like exercise. However, there is a downside to this backyard addition that you should really consider before you decide to install one. The liability for injuries is incredibly high. Trampolines are incredibly risky for children, and according to the Mayo Clinic, they lead to serious injuries every year. While the most common injuries are sprains and broken bones, it is not uncommon for someone to suffer a severe head or neck injury as a result of using a trampoline. The greatest risk is falling off the trampoline and to the ground since it is set high up, often requiring a ladder or step stool to get on to it. Injuries can also happen just from jumping, especially if more than one person jumps at a time. The dangers are so high that experts recommend not having one in your backyard. If you do decide to install a trampoline, make sure to first check with your insurance provider. You need to make sure your policy will cover injuries related to the trampoline. Without coverage, you face a lot of liability that could potentially lead to serious financial issues if someone suffers a severe injury from playing on your trampoline. You also need to set strict rules for use. Make sure there is always an adult present when anyone is using it. Allow only one jumper at a time. Limit risky moves, such as flips. Install safety padding and nets. If possible, install it at ground level to prevent falls.

Panic can easily overwhelm you when you find yourself at the scene of an accident. Either through confusion or misunderstanding, it may be tough to know exactly what steps to take and what information to gather. Keeping calm and following some basic tips can help to make the experience less stressful for both parties. One of the first actions you should perform is to completely stop your car and exit the vehicle as soon as it is safe enough to do so. According to FindLaw, most hit and runs typically either involve damaged property or an injured party. In any situation with immediate danger, you should make sure to check on all the drivers and anyone else involved in the accident. Staying at or near the site of the accident is the best idea in order to make sure authorities or medical professionals who arrive can find you. Do not try to move anyone who cannot move of their own volition due to pain. After you have talked with everyone involved in the accident, you should make sure to tell each other your telephone numbers or other personal contact information. Talking to witnesses and anyone else present is another important step. Agreeing on the facts of what happened for each party is important to determine who is at fault, if anyone. One of the last but most important steps you should take is to get in touch with your insurance company in order to alert them of the accident. Car accidents can be confusing and stressful, but knowing how to handle them can help you protect yourself.

Truck driving is one of the most dangerous jobs in America. In fact, transportation on a whole is one of the riskiest fields to work in, even for private pilots who fly smaller planes. If you get injured on the job, the best-case scenario involves your employer providing benefits without a fuss. Unfortunately, many companies are more concerned about their bottom line than their workers. One of the first questions you may have is if there is a way to get around mediation when you request a hearing. The North Carolina Industrial Commission estimates that virtually all cases get automatically moved to mediation when someone requests a workers’ comp hearing. There are some exceptions that truck drivers might take advantage of. One of these is when injured workers do not have counsel representation. Another is when employers do not have insurance. On the other hand, mediation is often an effective method to resolve cases, without the necessity of a trial process.  One advantage is control—if the parties reach an agreement, they each decide on the result.  If they do not, a hearing is held before the Industrial Commission, and the result is chosen by a Deputy Commissioner.  And somebody will lose. When it comes to selecting a mediator, you usually have the opportunity to select one with your employer. The IC states that the individual must hold a certification from the Dispute Resolution Commission. If you or your employer does not already have a mediator selected, then you can check the Commission’s website for eligible professionals. Note that both parties have a say in who the mediator may be. Both parties have the opportunity to send letters to the Commission and the opposing party on this matter. You can also recommend more than one professionals. If the opposing party does not reply, then the party that submitted suggestions gets their choice. If the opposing party objects to any appointments, then the Commission may honor this. Finally, there are fees to consider. The mediator fee, for mediators chosen by the Industrial Commission, is $150 per hour. There is also a case administrative fee of $150. When cases involve appointed mediators and someone postpones, the fee for that ranges from $150 to $300.  Mediators chosen by agreement of the parties, which is how things go in almost every case, in which both parties are represented by lawyers, are generally paid more than that. For workers’ compensation cases, the defendant typically pays the full fees and may be reimbursed when the case concludes.

When reading this, please be aware that many “independent contractors” are, in fact, employees, who are eligible for workers’ compensation benefits, or are otherwise eligible.  If you have been told by your employer that you are an independent contractor, you should contact a qualified workers’ compensation lawyer, to make sure that that is true.  While many misclassified workers have coverage through non-workers’ compensation “occupational accident” insurance policies, those polices generally do not provide benefits that are as good as workers’ compensation. When, for example, working as a truck driver, you may not always be an employee of the company for which you work. In some cases, the company may categorize you as an independent contractor. It is essential that you understand whether you are an employee or an independent contractor when it comes to applying for workers’ compensation benefits because your status will determine if you qualify for benefits. In general, workers’ compensation does not provide coverage for independent contractors as a contractor is a separate business entity. However, the North Carolina Industrial Commission explains that in some cases, the use of the title independent contractor is not valid when it comes to workers’ compensation. The Commission will consider how much control your company has over your work duties and details, along with other factors. It may determine that while the company calls you an independent contractor, you qualify as an employee under workers’ compensation. Therefore, your employer would have to provide you with benefits. The experience at Jay Gervasi, P.A. has been that in the vast majority of cases in which injured employees are told that they are independent contractors, proper analysis under the law indicates that they are employees, eligible for workers’ compensation benefits. Even if it appears that an immediate employer has no workers’ compensation insurance coverage, and even if there is a question as to whether that employer is itself an independent contractor, there is a section of the North Carolina Workers’ Compensation Act that provides for coverage by general contractors and intermediate subcontractors of workers farther down the stream of contracts.  While this is complicated, it can provide access to an employer with coverage or enough money of its own to protect the injured worker. It is important that you understand the responsibilities of your employer under workers’ compensation. You also need to understand the legal difference between an employee and an independent contractor. Knowing this information will help you to ensure that should you suffer an on-the-job injury that you can get compensation to which the law entitles you. If you have any questions about that, you should contact a qualified worker’s compensation lawyer, before you assume that you are not entitled to benefits.

Of the various types of heavy equipment, a forklift may seem like the safest to operate. After all, operators generally use them indoors, they are slow-moving and they are relatively compact. However, according to the U.S. Bureau of Labor Statistics, forklifts can be dangerous or even fatal. If a person operates a forklift in North Carolina, he or she should make him or herself aware of the dangers and how to avoid them. Between 2011 and 2017, 614 individuals lost their lives in forklift accidents. That approximates to 100 forklift-related deaths per year. Every year, more than 7,000 nonfatal injuries occur as a result of forklift incidents. In 2017, 9,050 nonfatal workplace injuries involved forklifts. The median number of days workers missed because of said injuries was 13, which is higher than the median of eight for all other cases. The majority of cases — about 2,000 — involved non-roadway accidents. EHS Today explains the most common forklift fowls and how operators can work to prevent them. The first is not knowing the machine’s load capacity. Carrying a load that is too heavy is a surefire way to tip it. Operators should always check the truck’s data plate before loading it. Operating with an unsecured load is also a common yet dangerous mistake. Even if a shipment has an odd shape, an operator should take extra care to secure it correctly. Operating without an intimate understanding of one’s route can also pose a hazard. This is particularly true in environments that are complex or overly dynamic. In addition to studying the course before driving, an operator should also clearly communicate with other workers to prevent pedestrian accidents, which, according to BLS, are the second leading cause of nonfatal forklift injuries. A worker should never drive a forklift at excessive speeds or at speeds that are too high for the equipment and/or environment. He or she should also never misuse a forklift. Forklifts can be dangerous if not operated with care, so an operator should always resist the temptation to use the piece of equipment for anything other than its specified purpose.

If you have been injured at work in North Carolina, you may be questioning when the appropriate time is to write a claim to request workers’ compensation from your employer. Waiting too long or overlooking important steps during the process of applying could compromise your efforts to get the support you need. Immediately following your accident that has left you injured, you should contact your supervisor and/or employer’s human resources department and disclose what has happened. The people you speak with should be able to provide you with the information you need to file a claim, tell you how you will receive updates, how to claim the services you are eligible for and what your employer will do to help you return to work as quickly as possible. If you need medical attention, the person who handles workers’ compensation for your employer will often tell you where to go to get it, so that worker’s compensation will be available to pay for it. According to hni.com, your employer should also efficiently process your claim. Their neglect in being timely can cost them more money for your injury and decrease your motivation to return to work for them. Their willingness to show compassion and maintain timely communication with you is an effective measure of their desire to retain you as an employee and help you to achieve a full recovery. In North Carolina, there are two separate requirements to pursue your claim—notice and filing.  Filing, which is not the subject of this post, is sending a document to the North Carolina Industrial Commission, usually a “Form 18,” which must be filed by the injured employee.  The documents that the employer files are often not sufficient, so the injured worker should always be careful to file.  That must be done within a period that is dictated by something like a “Statute of Limitations.”  If the filing is also sent to the employer, then it can serve as notice, as well, but only if it is done very quickly, on the time required for notice. The notice requirement is separate, and failure to give timely notice, even if the claim is filed on time, can defeat a claim.  To make a very long story short, it is best to tell your employer about an injury, as quickly as possible.  The person told must be a supervisor or some other person authorized by the employer to be given notice—that is, not just a co-employee.  It is best for the report to be in writing.  A typical pattern is to tell a supervisor, who sends the injured worker to someone in human resources, where they fill out a written incident report.  Of course, if the injured worker requires immediate medical attention, the meeting with human resources may happen after a visit to the doctor. Failure to give good notice can have two effects.  First, there is the technical requirement, failure of which can bar the claim.  More often, notice comes into play when there are disputes about whether there was an injury at work.  Detailed written notice adds credibility to the injured worker’s evidence, while lack of notice, when one would expect it, makes it look like the injury may not have happened the way the employee says it did.  Lack of writing allows a supervisor to testify that there was no report. It is true that waiting too long to report your injury and file a claim may prevent you from being able to receive workers’ compensation at all. Some employers may not allow you to claim an injury if so much time has passed and the evidence you have has expired or cannot be verified by a valid source. But be aware that employer policy and the law are two different things.  If an employer tells you that it is too late to pursue your claim, you should not accept that at face value.  If employers and insurance companies were always right, there would be nothing for lawyers to do.  If you have any questions about filing or notice, you should contact a lawyer who is qualified to handle workers’ compensation cases. The information in this article is intended for educational purposes only and should not be taken as legal advice.

Even the best drivers in North Carolina fumble when they get into their first accident. Whether you are at fault for the accident or not, you may be in shock. If you do not know how to react, the shock could cause you to make mistakes that may either worsen your injuries or reduce your chances of getting compensation. According to the North Carolina Bar Association, the first step is to stop. This may sound like an obvious recommendation but you might be surprised to learn how many drivers just keep going. Some of these are bad people who think of no one but themselves. Others are so in shock that they simply do not react. When you pull over, try not to obstruct traffic. Warning signals, such as your hazard lights, might also help to keep you and other motorists safe. Verify if you or your passengers are injured. Then, assist any injured parties if there are any. Note that the occupants of the other vehicle may be injured and need help. If there is personal injury, death or property damage, you are required by law to call the police immediately. If there are witnesses, get their information so they can confirm what happened. If you were not at fault, make this your primary responsibility. The other driver may not be keen on helping to gather the information that may incriminate them. You are a witness yourself, so take photos and make notes. When the police arrive, cooperate with the officers. Before either party leaves the scene, also ensure that you exchange information. Note that unless you are seriously injured, remain at the scene until following the steps above and filling out a form to detail the accident information. You should then visit a doctor to confirm that you have no injuries or treat those you may have. Be sure to also notify your insurance company of the accident. This article shares information from the North Carolina Bar Association on what to do if you have an accident. Visit their website for more detailed information. This article should not be used as or in place of legal or insurance advice.