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Workers’ compensation covers job-related accidents and injuries. Unfortunately, the benefits provided by workers’ compensation are not designed to pay all you have lost, so you may find that workers’ compensation goes only so far. You may need more money to fully cover expenses related to your injuries and lost wages.  And workers’ compensation does not provide recovery for the pain, suffering, and loss of enjoyment of life that often arise from an injury. Except in rare cases of very bad conduct, beyond ordinary negligence, workers’ compensation is generally the only claim you have against your employer or co-employees.  However, if the negligent actions of someone other than your employer or colleague caused your work injury, you may have a third-party liability claim. Third party claims are just like the rights you would have to sue someone for negligence, if you were not at work, and are designed to provide a full recovery for the injuries that result.  In North Carolina, your workers’ compensation benefits are not affected by third-party liability. You have the right to collect both, though you may have to reimburse the workers’ compensation carrier, from the proceeds of the third party claim.  That process can be complicated, so injuries that involve both workers’ compensation and third party claims often call for assistance from a qualified lawyer. Third-party claims often center on one of five factors: 1. Defective equipment Job-related injuries are sometimes caused by defective equipment. Faulty machinery can cause burns, electrocution or damage to limbs. If the machine contains a design flaw or a defect, you may be able to collect compensation from the manufacturer. Suppliers and distributors may also be at fault. 2. Unsafe property Some jobs involve working at locations other than the company workplace. If you are a construction worker or service provider, you probably often work on private property. When hazards are present on those properties, injuries can result. In such cases, the owner or manager of the property may be liable for your accident or injury. 3. Risky situations Certain jobs involve working alongside employees of other firms. When you share a worksite, you may come in contact with subcontractors who create hazards. If you become injured due to an unsafe condition created by a company other than your own, that company may need to help with expenses related to your injury. 4. Auto accidents If you drive for work, you are at significant risk. The Centers for Disease Control and Prevention reports that car accidents are the number one cause of work-related deaths. Injuries are also common. Workers in the transportation, warehousing and construction industries face the highest risk. Whether you drive a truck, a delivery van or your own private vehicle, you may find yourself injured by other motorists’ reckless behavior. In such cases, you deserve compensation from the at-fault driver. 5. Negligence of others at a workplace. When your job involves going to or otherwise working in places other than your employer’s premises, you can be exposed to injury caused by negligence of others or their employees, just like any other visitor.  For example, if you are delivering office supplies to a customer, and an employee of the customer backs a forklift over your foot, there may be recovery available from the third party, in addition to workers’ compensation benefits. Again, workers’ compensation cases that also involve third party liability raise complications that makes them more likely to require attorney representation.  If you have any questions about such claims, you should call a qualified lawyer.

Driving a truck in North Carolina may seem like a job where the only real injury risk is in a vehicular accident, but that is not true. You face different injury risks ranging from those you may get behind the wheel to those that may occur when doing the other aspects of your job. Trucking can be a dangerous profession. You may think repetitive stress injuries, such as carpal tunnel, happen in manufacturing and office work only. The Occupational Safety and Health Administration states that these injuries are quite common for truck drivers. Think about the amount of time you spend behind the wheel, doing the same thing for hours. You hold the steering wheel the same way and move the gearshift the same way. Vibration can contribute to repetitive stress injuries. Doing that for hours and hours every week for months and years eventually takes a toll. Even sitting in a vehicle seat for long periods of time can cause back problems. Sprains and strains are another big issue for this field. Often these occur due to falls. You are climbing up into a big rig multiple times a day, so there is always a risk for falling. Lifting cargo also poses a threat to your muscles and also can lead to back injuries, which are another common problem for truckers. Overexertion, fractures and struck-by accidents are additional issues truck drivers face on the job. Improperly secured loads can fall on drivers and other persons, causing very serious injuries. While many of the common injuries are treatable or will heal on their own, the most dangerous on-the-job issue will always be road accidents. All it takes is one accident to claim a life. It is important that drivers stay alert on and off the road to avoid hazards, accidents and injuries. But sometimes even the greatest care cannot protect against the carelessness of others or from hazards of a job that carries a number of risks. This information is for education and is not legal advice.

A work-related rotator cuff tear in North Carolina can be extremely painful. You may wonder about the treatment options available to you and whether you will need surgery to repair the damage. Not necessarily; some rotator cuff tears heal on their own without surgical intervention. Therefore, your doctor is unlikely to recommend surgery until after you have first tried a conservative treatment course. According to Web MD, there are two common types of procedures used to treat a rotator cuff tear. An open tendon repair involves making a large incision into the shoulder.  Arthroscopic repair is a more recent innovation that involves inserting a camera and small surgical tools directly into the joint through several small incisions. An arthroscopic repair has certain advantages over open repair, so doctors tend to favor it. However, sometimes the tear is so large and so complex that an open tendon repair is necessary. Your doctor may recommend surgery for your rotator cuff tear if one or more of the following is true: You lead an active lifestyle There is evidence of a severe tear that needs surgery immediately Six to 12 months after your injury, your condition has not improved Movement of the shoulder is painful Your shoulder muscles have atrophied, i.e., lost strength However, treatment measures that do not involve surgery are often effective at healing a rotator cuff tear. Therefore, doctors usually will not recommend surgery until you have completed a course of conservative (i.e., nonsurgical) treatment with no improvement. Conservative treatment may include physical therapy, icing, rest and over-the-counter pain relievers. Attorney Jay Gervasi can attest personally to this pattern.  Several years ago, he started having problems in his shoulder that made him suspicious of a rotator cuff injury that would require surgery.  He was told by a qualified orthopedist that physical therapy would probably be sufficient.  He was skeptical, but, after a couple of months of formal therapy and home exercise, he was “completely cured.”  He still does the home exercises, to make sure his problems don’t return, and he still has an old shoulder (along with the rest of his skeleton), but he is able to use the shoulder without limitation. On the other hand, a member of Gervasi’s family was lifting a dumbbell when he heard a pop that caused others in the gym to stop and stare.  He obviously required surgery, for a complex set of severe tears in his shoulder.  As with most medical conditions, appropriate treatment of the shoulder will depend on the specific nature of the condition. The information in this article is not intended as legal advice but provided for educational purposes only.

Falls are a leading cause of injury because they can happen so easily. It does not matter how old you are or how physically fit, a fall can happen in an instant. All it takes it a slippery or uneven surface, and the next thing you know, you are on the ground in pain. Seniors in North Carolina are especially at risk for falls, and they end up suffering the most. The good news is that there may be a way to lessen the risk of falls as you get older. The American Academy of Family Physicians explains that one of the best ways you can prevent falls is through exercise. Research shows that doing specific types of exercises regularly can decrease your overall risk for a fall. This information does come from a limited study, but it is promising because exercise is something that you can easily do as part of a fall prevention program. The key to making exercise work is to incorporate strength training and balance exercises. This combination strengthens the muscles that support your body while also helping to increase your balance. Increasing strength and balance gives you an edge when it comes to a fall because it enables you to better regain your balance and control over your body if you begin to fall. The key to using exercise in the fight against falls is to do it on a regular basis. You also want to focus on all muscle groups, but specifically, those that will help fight falls, such as the muscles in your legs and torso. This information is for education and is not legal advice.

The Federal Motor Carrier Safety Administration performs frequent studies related to large commercial vehicles and safety on the road. Among their studies is the relationship between driver alertness and time of day. This is where the circadian rhythm becomes a factor. Affecting response time Many circumstances create truck driver fatigue, such as extended work hours, strenuous activity or an insufficient amount of sleep. One FMCSA study found that the possibility of an accident is highest in the first hour of driving. Drivers who sleep in their sleeper berths may be most at risk since they often take to the road shortly after waking. Researchers believe that sleep inertia affects drivers at this particular time. It reduces their vigilance, reaction time and cognitive functioning, leaving room for poor judgment calls and the increased opportunity for a crash. Understanding the circadian rhythm Human bodies go through a wake/sleep cycle every day. This involves an internal clock, which controls the level of alertness. People are naturally drowsy between midnight to 6 a.m. and again from 2 p.m. until 4 p.m. Truck drivers must be especially careful since they are often driving during these natural lulls. This corresponds to another FMCSA study, which finds that a driver’s alertness level relates more to time of day than to time on task. Compounding errors Truck drivers who feel fatigued may try various ways to recharge, such as turning up the radio, smoking, opening a window or drinking coffee. None of these quick fixes are effective in terms of maintaining alertness. In fact, too much coffee can cause headaches, nervousness, irritability and worst of all, insomnia. Dealing with consequences When truckers ignore their bodies’ natural rhythms, they put others at risk of a truck-car crash, in addition to themselves. Usually, it is the people in passenger vehicles that suffer most from these collisions. Although the truck driver may be at fault, the trucking company may also have a role in imposing an unhealthy or illegal schedule that leads to the crash. There may be multiple parties liable if the victim decides to take the case to court.

According to the findings of a AAA study published in The Virginian-Pilot, potholes cost American drivers approximately $3 billion a year in car damage alone. The average cost of a single repair is $300. These figures do not take into account costs associated with personal injuries, such as medical care, lost wages and emotional duress. When potholes cause accidents in North Carolina, who pays? According to the journal, North Carolina highway officials promise to fix potholes within two days of a driver reporting them. To report a pothole, a driver must visit the NC Department of Transportation website and submit a complaint regarding the whereabouts of the hazard. From there, the state assumes control. Highway maintenance engineers sift through the logs, find the potholes in question and fill them. What happens, however, if a request slips through the cracks and a driver sustains considerable damage? According to NCDOT, a person who suffers injury or property damage because of a pothole, or for any other road hazard for which the state is responsible, can file a tort claim for reimbursement for losses. To file a complaint, an injured party must download and fill out a Citizen Incident Statement and mail said statement to the NCDOT location in the county in which the incident occurred. However, to recover compensation for damages a pothole caused, you must show: 1) That the NCDOT knows about the pothole and 2) it failed to make a considerable effort to repair the road within a reasonable amount of time. If pothole damage occurred in a contracted work zone, NCDOT would forward the complaint to the contractor. The contractor then assumes liability for damages.

This is an unpleasant, uncomfortable, but necessary subject. Suffering an injury at work in North Carolina is a setback. You may have to take time off, go through physical therapy or spend time in the hospital. You have to do whatever it takes to get better, but in the meantime, you cannot work or adhere to your usual routine. Not to mention the issues with your injury causing you a lot of pain. This can all add up to a situation that harms your mental health. MarketWatch explains that being off work for more than a week due to a work-related injury increases your chances of overdosing or suicide by at least 50% if you are a man. If you are a woman, it triples your risk. These are alarming statistics because they stem from a situation that you have no control over. Anyone could find themselves on leave due to an injury. The background These statistics come with a pretty good explanation. Being off work and collecting workers’ compensation means that you earn less. This often causes financial issues, which then leads to elevated stress levels. In addition, an injury could make you dependent on others or unable to take care of your essential needs. A worker’s pain, disability, and frustration apply pressure to family members, and marriages often suffer. An underappreciated factor is depression among seriously injured workers is social isolation.  Contrary to the myth that those receiving workers’ compensation are enjoying their compensated time out of work, most injured workers are frustrated.  For many adults, their primary source of social interaction is at work.  Being stuck at home, especially when suffering pain and the inability to engage in normal activities, is very hard on most workers. On top of these issues, studies found that other factors come into play. This includes dealing with the often-frustrating claims process. Feeling like you have to jump through hoops just to get compensation can really drag you down. This can easily lead to depression and other mental health issues. The overdose risk has a link to pain medications. If you suffer extreme pain due to your injury, it is easy to accidentally take too much pain medication or become addicted to painkillers, which could lead to an overdose in the future. After considering the stress and other aspects of a work injury, it is not a surprise that there is a higher risk for suicide or drug abuse. The only way to protect yourself is to be aware of these risks and take steps to prevent them. It is not surprising that many injured workers end up taking medication and seeking counseling for depression.  Many lawyers who represent them, including Jay Gervasi, have had sad experiences of client suicide, as well as, fortunately, some in which attempted suicide was avoided.  The next time you hear someone talking about how workers’ compensation is an unjustified “gravy train,” please keep in your own mind the (not hypothetical) scenario in which a lawyer awakens to an email from a client that is actually a suicide note, then calls frantically to the client’s apartment complex, so that management can get ambulance personnel into the room, barely in time to take a client to the hospital.  That was one of the “winning” situations that turned out well. In any case of serious workplace injury, it is important for everyone—the injured worker, the worker’s family, the lawyer, the treating physicians, insurance personnel, medical and vocational rehabilitation specialists—to keep an eye out for warning signs, for depression and other mental disruption, as well as problems associated with the dangerous medications that are so often necessary in treatment.

Many industries are inherently dangerous, from construction to manufacturing to agriculture. However, you and other North Carolina residents can suffer a job-related injury or illness in any workplace setting – including those you might not expect to be hazardous. If you work in an office, you may be interested in learning about the numerous risks you can encounter at work each day. The Albert Einstein College of Medicine has compiled a list of the most common injuries you may sustain working in an office setting. These include the following: Falling, the top cause of job injuries in an office Being struck by a flying or falling object Hitting your head on a stationary object, such as a cabinet Hurting your back from improper lifting or reaching Developing repetitive movement injuries from typing or operating office equipment Straining your eyes from the glare of a computer screen It is also possible to get sick from an illness, such as norovirus or pneumonia, that spreads through the office building. Respiratory illnesses that are easily spread can cause people to miss significant amounts of work, especially those whose immune systems are compromised. Cleaning solvents, photocopier chemicals and other solutions commonly found in the office may also injure you or make you sick if you suffer an overexposure to these chemicals. You may protect yourself and others in the office by observing safety standards and correcting hazards that you see in the workplace. However, if you are injured or become ill from a work-related incident, you are entitled to seek workers’ compensation. The information provided in this blog is meant to educate without replacing the advice of a lawyer.

Summer in North Carolina is unquestionably when companies often complete their largest construction projects. Every summer, many buildings get remodeled or built from the ground up. However, thanks, in part, to mild winter weather conditions, many companies continue to build and work on residential and commercial properties in North Carolina regardless of the weather. The precipitation and storm conditions that may roll in during the less favorable seasons may not be as dangerous as blizzard conditions and, arguably, may be less of a risk than severe heat, which can quickly become dangerous for workers and persist for weeks. However, the wet weather that often accompanies the cooler seasons can create its own set of risks for construction employee injuries. Rain increases the risk of slipping or equipment losing traction The single biggest risk of death for construction workers in the United States is the potential for a fall. When you have to work on surfaces that are wet and slippery, the potential risk goes up. Even with non-slip soles, you could lose traction and fall during work. The only way to avoid these risks is to ensure that all workers at any height during wet or slippery weather conditions have restraints such as harnesses in place that will prevent them from falling if they slip. Of course, people aren’t the only thing that can slip and fall during wet weather conditions. Equipment, supplies and machinery can also slip, meaning that they may pose a hazard to workers nearby. Falling supplies or equipment could land on someone. Workers attempting to stop slipping machinery could also wind up being pulled down, which means they fall and get injured as a result. Properly restraining workers, equipment and machinery, even if the weather is clear, can reduce the risk of wet weather and winds moving people or equipment and endangering workers, since weather can change quickly. If there is lightning, you shouldn’t be outside working With heavy rains comes the potential for lightning. Electrical activity and clouds can affect people miles away from the origin storm. If any workers are outside, your employer should have a policy in place that protects you from potential lightning-related injuries. Your employer should cease outdoor construction, particularly for workers at greater heights. Unfortunately, many people will continue working if their employer requires it, potentially leaving themselves at risk for severe injuries that will prevent them from continuing to work in the future. Workers who get hurt during rain storms or thunderstorms at construction sites in North Carolina have rights under the law. Depending on the specifics of your case, you may be able to receive workers’ compensation benefits. In situations that involve an employer putting workers at unnecessary risk, it may be possible to also take legal action against your employer if workers’ compensation doesn’t cover the financial impact of your injuries.

Working on or around cranes in North Carolina construction sites requires special training or safety preparations. It is essential that all workers follow the appropriate safety guidelines in order to reduce the likelihood of accidental injury. General crane safety tips Stevenson Crane notes that workers should read over any safety cards or checklists before operating a crane, and ensure that every item on those checklists is attended to. It is important not to rush through operations with such a massive piece of machinery, so supervisors should schedule enough time for things to be done right. While the crane is operating, workers should not be working underneath the load. Even with this precaution being taken, it is still important to inspect the crane and the fastening of the load before setting it in motion. Also, the only workers who should be operating the crane are those who have been trained and certified to do so. Topics employees should be trained on All supervisors should ensure that their employees are trained on the key topics stated by the Occupational Safety and Health Administration. One of these is the list of requirements for equipment maintenance and inspection. Workers should also be educated about safe rigging practices to ensure that loads are secured properly. In addition to the proper rigging of loads, those loading and operating the crane should be aware of the machine’s load limits. Finally, there should be a set of equipment operator instructions that every crane operator is made privy to.

When you get hurt on the job in North Carolina, you have the right to file a claim and seek protections under the state’s workers’ compensation insurance program. The benefits that this program provides can help you secure whatever medical care you need, including corrective surgery, physical therapy, or expensive pain management, while also helping to replace a portion of your lost wages while you recover, and sometimes compensating you for permanent injury. The same benefits are available, if you develop an occupational illness, rather than an injury by accident. However, in order to connect with the benefits you need to stay financially solvent after an injury or illness related to work, you will need to comply with the state requirements for documentation and claims paperwork. Mistakes in reporting and filing your application or appeal can lead to an unnecessary denial of your benefits. You need to file with both the state and with your employer In most cases, your best option for connecting with workers’ compensation benefits involves immediately 1) notifying your employer of the injury, preferably in writing, and 2) filing an accident report with the North Carolina Industrial Commission, if you get injured on the job.  However, not all serious workplace medical issues result from a sudden injury or accident. Instead, they may involve the exposure to hazardous chemicals or the slow development of a repetitive stress injury. In that scenario, you should file a report with your employer as soon as you begin recognizing symptoms or receive a diagnosis related to your job.  As with any other type of case, you should notify your employer and file your claim with the Industrial Commission as soon as you can. Filing documentation with the Industrial Commission, in a North Carolina claim, often has a firm deadline of two years from the date of injury. Waiting any longer could result in an immediate denial of the benefits you need.  It is extremely important that you not delay, because the start of the two year period can be complicated, especially in occupational disease cases.  Also, if more time has passed, again especially in an occupational disease case, but also in some others, it is sometimes possible to make your claim, anyway.  You should call a lawyer, if you have any questions about that. Working with a lawyer can help you avoid making preventable mistakes Issues with paperwork and missing deadlines are often reasons North Carolina workers’ compensation claims wind up denied. The best way to avoid these errors is to educate yourself about the system and comply with all legal requirements. Start with a plan to sit down with an attorney who has experience navigating the complex workers’ compensation insurance program. From there, you can work on gathering the necessary documentation and putting together your claim or appeal as necessary. An attorney can help you avoid the mistakes that often cost people the benefits that they and their family will need in order to bounce back after a workplace injury or illness.

In a scenario that is not uncommon, you slip on a spill at your local supermarket and fall, spraining your back and cracking your head. Your recovery has resulted in time off work and significant medical bills. You may think that receiving compensation for the accident is as simple as filing a personal injury claim, but at the law office of Jay Gervasi, P.A., we know that the opposite is true. When dealing with personal injury claims in North Carolina, the other party is likely to attempt to prove they were not responsible for the accident and try to avoid liability. According to FindLaw, you will need to prove that the grocery store was negligent in providing a safe place for customers by knowing about an existing dangerous condition (or if they should have known, which often requires the injured person to prove how long the dangerous condition was present) and failing to correct it, by creating the hazard or by failing to inform others that a risk was present. You stand a better chance of success if store personnel knew about the spill but did not clean and dry the area or did not put up wet floor signs. Importantly, under North Carolina law, the duty of a premises owner to warn or make safe a condition generally arises when the hazard is not obvious.  Except under unusual circumstances, the premises owner is not liable, if the injured person could have seen the hazardous condition, if he or she had been looking. However, the opposing insurer and legal counsel may look for evidence to avoid responsibility, such as the state of your shoes’ repair when you slipped or whether you knowingly disregarded caution signs. Our premises liability page further describes the responsibilities of property owners in maintaining safe conditions for visitors. While it may be a complex matter to seek compensation after an injury, you have the right to pursue action if you believe an accident was not your fault and could have been prevented.