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Workplace illnesses you could face working in construction

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. For carpenters, you may think that the most common injury would be hammering nails into fingers or hands, but there are many items that could cause permanent illness or injury later in life or at the time of exposure. Old paint removal could lead to lead poisoning, and any insulation used before 1975 could lead to asbestosis. Exposure to paint that has an oil base can lead to acute solvent syndrome, and working with machine or sand creosote treated wood could lead to photoirritant dermatitis. In each of these cases, the illness may not show up immediately. Workers who suffer from asbestosis, acute solvent syndrome, blood poisoning or other illnesses should look into seeking compensation. Source: Haz-Map, “Diseases and Jobs,” accessed Oct. 13, 2016

Captain of fire and rescue team killed due to unsafe operation

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. According to the story on Hickory Record, The citation issued states that the department needs to pay $5,600 for violations that led to the man’s death. The department violated the state statute 95-129(1), which requires employers to provide workers with an environment free from recognized hazards that could lead to serious harm, injury or death. The North Carolina Department of Labor discovered eight violations following the captain’s death. First, the citation reports that the air supply for the men diving in the recovery operation was not monitored adequately. Second, at least one diver had attached a body recovery bag and rope to his rig, which was a hazard and could risk entanglement. Another citation was that at least one of the divers did not perform an equipment check before the dive. One diver did not have a redundant air supply, and the department had failed to train divers in similar conditions. The rescue dive team had not received an annual evaluation and dive records were not consistent. Training certifications, documents and medical evaluations were not maintained. The captain did not perform safety stops on the way to the surface after realizing he was out of air. He removed both divers’ masks. Two divers surfaced and a rescue to reach the captain was attempted and failed. Source: Hickory Record, “Sherrills Ford-Terrell Fire & Rescue fined after Capt. Long died in diving operation,” Tom Neas, Sep. 20, 2016

How can a worker be misclassified as an independent contractor?

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. Employee misclassification isn’t actually illegal in North Carolina. However, those who believe they are misclassified can make a complaint with the Employee Classification Section of the North Carolina Industrial Commission. The ECS then investigates the claim, which can lead to an employer reclassifying an employee properly. How could you be misclassified? Imagine this: You come to a site to work every day at the same time. You’re expected to arrive on time and do the same work each day. There is no termination date on your contract, and you’re treated, on the whole, as a normal employee. The difference is that you don’t get any of the employee benefits you should be receiving. Independent contractors are their own bosses; they have the right to accept or decline work. If you don’t have that option, then you may be working as an employee but be misclassified, which is something that should be addressed. Source: The Progressive Pulse, “North Carolina takes step forward in addressing worker misclassification,” Carol Brooke, accessed Sep. 29, 2016

Common workplace accidents occurring in the construction industry

Many construction sites in North Carolina are dangerous places. This is why personal protective equipment like hard hats and safety glasses exist. However, even with the proper use of safety equipment, workplace accidents can and do occur. It is safe to say that most construction companies strive to keep their workers safe, but unforeseen safety hazards may still be present. This blog post will examine some of the most common workplace accidents that could lead to serious injury. Hopefully, this information will help reduce injuries by keeping workers and supervisors aware of the dangers. Falling is one of the most frequent workplace accidents in the construction industry. Working at elevated heights puts workers at particular risk for this kind of accident. Using safety equipment and avoiding complacency can reduce falling accidents. Falling tools and construction-related debris can also cause serious injury at construction sites. Even small objects can become deadly when they fall from high places and strike a worker. Hard hats are crucial in preventing or reducing falling object accidents. Construction workers are also at risk of being injured in explosions and fires. Common reasons these incidents occur include exposed wires, flammable materials and chemicals and leaky pipes. Stay on the lookout for early indicators of fires and explosions. Often, the equipment construction workers rely on can cause injuries. Examples of these kinds of workplace accidents include nail gun misfires and faulty heavy equipment. Proper maintenance and equipment inspections can go a long way towards reducing equipment-related workplace accidents. While construction in North Carolina is safer than ever before, it takes vigilance on the part of everyone to reduce risks as much as possible. Workers should take comfort in knowing that workers’ compensation is available if injury does occur and a lawyer can help get the process started. Source: FindLaw, “Common Construction Injury Types,” accessed Sep. 19, 2016

Prevent amputations and seek compensation when you’re injured

Amputations caused by workplace accidents impact the victim in more ways than one. If the body part can’t be reattached, the victim must suffer with the loss of fingers, toes, hands or other body parts. Nerve damage can result, leaving the victim in pain or struggling to deal with unusual sensations. Some people may be permanently disfigured and unable to work, while others have to find new ways to enjoy the things they liked to do in the past. Workers should be protected against operational hazards in the workplace. Machines in particular should have guards in place at all times. There are several kinds, including fixed, adjustable, self-adjusting and interlocked guards, which should prevent amputation injuries if they’re being used correctly. Guards effectively stop and prevent equipment from operating when a person’s hands or other body parts enter the hazard area. The guard may trigger an immediate stop, which prevents the person from suffering a serious injury. Others set off an alarm or pause production. Workers who interact with hazards should be trained in how to use the machines with the guards in place. Working around the guards, removing the guards or ignoring safety techniques is hazardous and should be against company policy. If you’re a victim of an amputation, don’t think that you have to face this alone. It’s important for you to get the care you need to recover. Our website has more information on how you can obtain workers’ compensation or other kinds of damages, so you can focus on getting well instead of thinking about the cost of your treatment.

What you should know about working with toxins in the workplace

Toxic exposure can lead to a number of serious injuries and illnesses. Workplaces with toxic substances present should have safety features in place to prevent exposure. Despite this, workers in the U.S. are exposed to hazardous items at work every day; some are injured by the exposure and live a life with disabilities or chronic health conditions due to those injuries. You have a right to know which chemicals and toxins are present in your workplace, so you can take steps to protect yourself and your coworkers. When chemicals are present, you should have access to a Material Safety Data Sheet, which gives you information on how to handle the materials and provides information on first aid after exposure, how to store and dispose the substances and what kinds of protective equipment you need to wear when handling them. Some toxins won’t be on an MSDS list, like cleaning supplies or other items you might have around the office, particularly if you don’t typically have hazardous materials present. To find out if a product is toxic, look at its label. If there is a skull and crossbones or hazard warning, then you know that it is either poisonous or hazardous to humans. Why would there be unusual products in the office? Simple things, like fly spray or ant killers, might be used, or perhaps your boss decided to use a new window cleaner or other cleaning supplies. An MSDS sheet might not be present in that case, so take care to read the labels. Employers should brief coworkers on safety if necessary. If toxic chemicals have to be used in the workplace, it’s important that they are isolated and used in well-ventilated areas. When toxins can be replaced by safer alternatives, that should happen to prevent injuries. With the right preventative actions, you can stay safe with these items in the workplace. Source: FindLaw, “Toxic Exposure in the Workplace,” accessed Sep. 07, 2016

Repetitive motion injuries and your protection under law

The Occupational Safety and Health Act is designed to keep workers safe when they’re on the job. Employers must meet safety standards and report injuries or fatalities on the job. Workers who suffer repetitive motion injuries may be covered by the act. Are you covered by the Occupational Safety and Health Act? Most private-sector employees are covered by the act regardless of the state they are in. They are covered either by the OSHA-approved state plan or the federal OSHA plan. Any state plan that is in effect must be at least as effective as the federal plan; if not, then your attorney may talk with you about your options for seeking help with a workplace injury. If you are a state or local government worker, you are not covered by OSHA. However, you do have protections from the OSH Act if you live in a state with an approved state plan — there are 22 states that have such a plan. If you work for a federal agency, then you are covered by OSHA. What should I do if I’m injured on the job? The first thing to do is to call a supervisor for help, call 911, or go to get medical assistance. If a fatality takes place in the workplace, then that fatality needs to be reported to the OSHA within eight hours of the fatality. If you are injured, your injury has to be reported within 24 hours if you suffered an amputation, loss of an eye or had to be hospitalized as an inpatient. Our website has more information about OSHA and what to do if you’ve suffered an injury.

Why it’s important to talk about mental health in the workplace

Workplace illnesses are not uncommon, which is why it’s so important for employers to talk about the potential illnesses workers may be suffering from. One thing that is often overlooked is the prevalence of mental illness in the workplace. Stress, genetic factors and other issues lead to these illnesses. Employees may not want to talk about mental illness with their bosses for fear of losing their jobs or having their relationships damaged. The problem is that if the illnesses aren’t talked about, then mental health illnesses can go untreated or undiagnosed. It’s a fact that around 85 percent of all employees with mental health illnesses are not treated or diagnosed, putting them at risk in the workplace. Mental health conditions cost employers billions of dollars each year. It’s believed they cost over $100 billion per year and result in 217 million lost workdays. Employers can help by investing in mental health care for their employees, which will in turn result in better productivity and employee retention. While many mental health issues are not caused by workplace incidents, some people, due to stress, traumatic incidents, and other issues, do end up struggling with mental health conditions. It’s important that they are able to receive the right care when it’s needed. If you’ve developed a mental health condition in the workplace, workers’ compensation may cover your medical bills and other needs if you have to miss work. Mental illnesses can be as destructive to your life as any physical injury, so it’s important that you’re able to seek the medical care you need. Source: The Huffington Post, “Why Employers Need To Talk About Mental Illness In The Workplace,” Joseph Rauch, Aug. 19, 2016

Man dies in workplace accident

Workplace accidents can happen on any job site, but can be particularly injurious or fatal when large mobile machinery is involved. A Charlotte man died tragically Sunday, August 7, after being run over by a piece of industrial equipment. The 46-year-old man was moving tractor-trailers around a north Charlotte loading dock at Howell Motor Freight. He was using a piece of equipment known as a yard-hopper — the cab of a tractor-trailer used specifically for shuffling tractor-trailers. He apparently exited the vehicle momentarily for unknown reasons when the yard-hopper began to move and struck him. Emergency personnel declared him dead on the scene. Authorities are continuing to investigate the workplace death to determine if there was any defect in the equipment that might have contributed to its crushing the worker. It is unknown whether or not the industrial equipment had been poorly maintained or if it became mobile due to operator error, possibly inattention or drowsiness. Tragic workplace accidents like this one are impossible to eliminate entirely, but careful maintenance of dangerous equipment and attentive operation by workers tasked with using large machinery goes a long way toward bolstering safety in the workplace. Keeping the workplace safe requires the cooperation of both management and employees who are dedicated to the well-being of all. After such an incident occurs, it can be difficult to focus on handling your affairs. The assistance of a qualified legal professional can help those who have suffered a workplace injury or lost a loved one to a workplace accident ensure that their claims are heard and that their losses are compensated fairly. Source: The Charlotte Observer, “Man dies at north Charlotte business after being run over by ‘yard hopper’,” Mark Price, Aug. 08, 2016

What are the main causes of workplace accidents?

The seven most common causes of workplace accidents include being overconfident, taking shortcuts, failing to perform cleaning and housekeeping duties, neglecting safety procedures, being distracted, starting a task before fully understanding what is required, and being underprepared. These can combine in a workplace to create a dangerous workzone where people get hurt constantly; it’s more likely that just one or two of those causes will be present, though. For instance, distractions can be common in workplaces where cellphones or other activities are allowed. Someone looking at a cellphone may not recognize that his shirt is caught in a machine or that he didn’t turn off the breaker for an electrical unit that’s being worked on. Another person who is meant to sweep the floor might think it’s okay to leave the task until the next morning; that is, until a coworker slips and falls on dust, dirt, or grime that has built up. Neglecting housekeeping can quickly become dangerous. Neglecting safety procedures is another serious issue. If you don’t wear your safety equipment, for example, and then fall and hit your head, that negligence likely lead to a more serious injury than would have taken place otherwise. If your employer doesn’t require guards on equipment, this is a dangerous hazard that workers need to be aware of. It’s against the law to expose workers to hazards like open machinery in most cases, because safety requirements determine which parts of the machines need to be guarded and how to use the machines safely. In any case, when you’re injured at work, you can usually receive workers’ compensation to cover the costs of your injuries. The best way to avoid having to make a claim is to avoid getting hurt, though, so keep the above in mind. Source: Safety Partners, LTD, “7 Most Common Causes of Workplace Accidents,” accessed Aug. 02, 2016

Truck driver severely burned, passes away after serious crash

Getting hurt on the job is a serious concern for families and workers alike. If a worker is killed while on the job, it’s the family left with unanswered questions and claims to file for compensation. Fortunately, workers’ compensation generally takes care of families by providing death benefits. If your family needs help filing a claim or needs to seek a private claim against the employer if workers’ compensation isn’t available, your attorney can help. This man’s family may be in a position like yours is today. He passed away after being involved in a big rig crash on Interstate 95. The man had been driving at around 6:15 p.m., when he lost control of his vehicle. Witnesses said the big rig had suddenly slowed before running off the road. When the Freightliner ran off the road, it jackknifed into the woods bordering the highway. Then, the cabin and trailer burst into flames. Witnesses at the scene reported that the 61-year-old driver did get out of the cab, but he was badly burned. One witness stopped to help; the man was still on fire, so the witness helped put out the flames. A tree appeared like it may fall, so the witness helped move the man to a safer location to avoid being struck. With help from other drivers, they pulled the man to safety. Unfortunately, despite being flown to UNC’s Burn Center, the driver passed away from his injuries. His family did make a release to the press in which they stated that the man left behind a wife, two children and a grandson. He had been in the U.S. Army before taking a job as a truck driver. Source: 11 Eyewitness News, “Truck Driver Who Died After 1-95 Big rig Accident Was Veteran,” Heather Waliga, July 21, 2016

Stressed at work? You might have a case

If you’re struggling with a mental illness, you know that you need as much help as someone with a physical ailment. Mental illnesses can cause real symptoms, like headaches, stomachaches, aches and pains and others. If you’ve ever been stressed at work, you might be able to get your mental health evaluations and treatment covered by workers’ compensation. There is a trick to this, though, because as anyone knows, all workplaces are somewhat stressful. The point that you have to prove is that your stress resulted in a permanent impairment, that you were stressed primarily because of work, and that the stress was above a normal level for the position in which you worked. This claim isn’t a typical claim, and it can be difficult to put an exact length of time on recovery. That’s why you have to prove your injury at a much higher level. Work-related stress claims can be vague, but with the right information from a medical provider and others, you can prove your case. Here’s an example of work-related stress you may be able to be compensated for. Consider this scenario: You were at work when an emergency took place. You witnessed a worker fall and suffer a serious injury. That worker died later. The trauma of the incident caused immense stress, and you now suffer from post-traumatic stress disorder. This is a real condition with physical manifestations of anxiety that can make it impossible to work. Our website has more information on stress in the workplace and what to do if you feel you’ve suffered a mental health-related illness.

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