Blog

The Occupational Safety and Health Administration first started working to limit the amount of exposure that workers can have to beryllium in 1974. Not much has happened in the ensuing 40 years. However, OSHA is finally going to propose a new limit that would drastically reduce the amount of the mineral that workers can be around. Beryllium is a metal that is often used in industrial settings. The new proposal would cut the exposure allowances down to about 10 percent of what they are right now. The reason for the proposal is chronic beryllium disease. This is a lung disease that has been fatal in some cases. Of course, not all cases are deadly, but there is always the chance, and there are around 245 reported new cases every year. Beryllium is used in some form — often as part of an alloy –by those making electronics, airplane parts, nuclear weapons and dental implants, just to name a few. It is a very light metal that still has great strength. Therefore, it is quite valuable in these capacities. So, if OSHA has been trying to do this for 40 years, why is it just happening now? The reasons cited by the agency include resistance from the industry sector, debates over the technical aspects of the policy and stalling on the part of politicians. Those who suffer from occupational illnesses in North Carolina should know that they may have a right to compensation. This is particularly true in situations where lung disease and other chronic ailments could impact the rest of their lives. Source: The New York Times, “OSHA to Propose Beryllium Limit in the Works Since 1975,” Barry Meier, Aug. 05, 2015

Citizens all over the country are switching from traditional forms of employment to careers as independent contractors. The advantages to making this switch are numerous and include setting your own hours, choosing where you will work and setting your own fees. Despite the many attractive benefits of becoming an independent contractor, one major issue often remains unaddressed: What happens when workers are injured on the job and does workers’ compensation cover these injuries? The answer is not simple and is dependent on several factors. If you are an independent contractor working in North Carolina, you should know that those who employ you are not automatically free from providing you with workers ‘ compensation. Should a work-related injury occur, the state’s courts will examine the facts related to the incident to determine whether you will be considered an employee and therefore eligible for workers’ compensation benefits. State courts and the North Carolina Industrial Commission will consider several key points before making the decision such as the “degree of control exercised by the employer over the details of the work.” While the commission and the North Carolina court in charge of the case will make these decisions based on fact, it is a great idea to work with an attorney throughout the process. This gives you a certain degree of protection you might not have on your own while keeping you informed through each phase of your case. Just because you are an independent contractor, it does not mean you must be solely responsible for injuries you may receive during the course of your work. You can learn more about how the workers’ compensation system benefits independent contractors by exploring the website of Jay Gervasi, attorney at law for North Carolina workers.

If you have experienced a work-related injury in North Carolina, your life can undergo dramatic changes very quickly. Many work accident victims find themselves suffering anxiety over numerous issues including the severity of the injury, loss of wages and the possibility of permanent disability. Workers’ compensation benefits can be a great comfort to injured workers, but it is important to follow the proper steps after the injury occurs. Doing so will ensure your claim has a greater chance of approval, making it easier for you to concentrate on your recovery. Below you will find the appropriate steps to take following a work related injury in North Carolina: — Seek medical treatment: Immediately reporting the injury to your employer is preferable, but if you need medical care right away, let that be your top priority. If you do not have an onsite health care provider, see your doctor or go to the emergency room.– Inform the doctor: While seeking medical attention, be sure to inform your provider that your injuries are work related. Include the name of your workplace, employer or the business owner.– Report the injury: As early after the injury as possible, report the incident to your supervisor or manager. If you are hospitalized or otherwise unable to make the report personally, authorize a family member or friend to report in your stead.– Make a written report: Within 30 days after the injury, provide your employer with a simple written statement describing the accident. The statement should include the date of the accident.– Follow your medical provider’s instructions: This step is important because it will allow you to return to work as early as possible. One of the goals of workers’ compensation is providing workers with good health care, enabling them to get back to work quickly. Remember that receiving these benefits is your right as a North Carolina employee. You can always turn to a North Carolina attorney if you have trouble getting your workers’ compensation claim approved. Source: North Carolina Industrial Commission, “If You Have Been Injured At Work,” accessed July 30, 2015

Working in confined spaces is very hard; some people struggle with claustrophobia, and others may be okay with the space but still want to know that it’s safe to be inside. Because workers who are in confined spaces are at risk, the Occupational Safety and Health Administration has provided facts about confined spaces and new construction standards to make them safer for those working inside. What is a confined space? The OSHA has stated that a confined space is an area that is large enough to fit a worker inside, has a limited entry or exit point, and is not designed to have continuous occupancy. For example, a well could be considered a confined space. A permit-required space may also be a confined space, but the difference is that there are other hazards involved. A hazardous atmosphere, like one that has the possibility to engulf or suffocate a worker, must have a permit before anyone can enter. A good example of this would be an underwater cave or mine that is just large enough for one worker and has only one exit. Workers must be trained to deal with confined spaces and know how to exit dangerous situations. Workers shouldn’t enter these spaces without authorization, so if you’re ever asked to enter one without knowledge about the space, it’s important to make sure your employer is legally allowed to require you to enter. Generally speaking, you’ll need training before you can enter the space. To make the space safe, you’ll want to make sure there is someone there who understands the structure and can verify that it is sound. Then, identify how to enter and exit, and have a rescue worker on hand. Source: Occupational Safety and Health Administration, “Confined Spaces in Construction: Crawl Spaces and Attics,” accessed July 22, 2015

Most of the time, receiving workers’ compensation means you have no need to pursue a personal injury claim. However, there are occasions when injured North Carolina workers can pursue both options. Workers’ compensation provides injured workers with benefits while also protecting the employer, but sometimes a third party might have contributed to workplace injuries. When this occurs, the injured party may be able to seek relief from both sources. Here are some situations in which an injured employee may be able to pursue a personal injury suit. — If the employee is injured due to a defective part or product, it might be possible to initiate legal action against the product manufacturer.– If the employee becomes injured or ill from exposure to toxic substances, he or she might be able to sue the manufacturer of the substance.– If the employee suffers a workplace accident because of employer negligence, a personal injury lawsuit might be feasible. Other situations in which the injured employee could receive workers’ compensation while also pursuing a third party lawsuit include: — Slipping or falling while performing work tasks on another party’s premises– Construction site accidents in which the employee is injured due to a third party– Car accidents that occur while the employee is driving on the job While workers’ compensation fills an important role for workers and employers, it might not be enough for those suffering severe workplace injuries. In these cases, seeking a third party lawsuit can be an ideal way to receive additional compensation. If you would like to learn more about your options following a workplace accident, please visit our website.

A project to replace the lighting in the gymnasium at the New Hanover County High School went awry last week when the scaffolding malfunctioned. News reports indicate two electricians fell during the project, resulting in injuries to both of the men. Rick Holliday, the deputy superintendent, indicated he received a call regarding the accident in the morning hours of Wednesday, July 1. Holliday went on to report that the project had been ongoing the entire week with the work being conducted by two school maintenance workers. He reported that the work was finished at the time of the accident but workers were moving some of the gym banners so the new lighting would not be obstructed. While the workers were moving the banners, the scaffolding reportedly malfunctioned causing the two employees to fall. After emergency medical services responded to the scene, the injured employees were taken to the New Hanover Regional Medical Center for treatment. Holliday told the media he did not know what condition the workers were in at the time of the news report, although Superintendent Tim Markley spent some time with the employees and their families at the medical center. Holliday added that the incident is under investigation. According to OSHA, employers can reduce scaffolding accidents by complying with a general set of easily accessible safety requirements. It is the duty of employers to make certain the worksite and any equipment, such as scaffolds and ladders, meet these standards. Employees who are worried about equipment safety can also use OSHA’s online safety resources to make sure their employers comply with the requirements. If an injury does occur during work, a personal injury attorney can look at your case to determine if a personal injury lawsuit is in order. Often, an injured worker can receive both workers’ compensation and additional recompense from employers, equipment manufacturers and other at-fault sources. Source: StarNews, “Workers hurt at New Hanover High gym,” Hannah DelaCourt, July 01, 2015

Like other places across America, the state of North Carolina takes workplace safety quite seriously. However, despite any government-sponsored laws or guidelines, not all workplaces provide a safe working environment. It is a great idea to ask questions in order to develop an understanding of how safe a work location really is, but you can also learn by paying attention to how things are done at your place of work. Working in industrial settings carries a little more risk than working in an office or a retail setting. However, the risk is very minimal when the proper safety procedures are firmly in place. If you are new to industrial employment, here are just a few things to look for in determining if your workplace is safe. Training and information The authorities in a safe industrial workplace make sure all employees are well informed about the industry itself, the work environment and any risks associated with the job. This means no employee is allowed to perform work without proper training. It also means the employers provide regular ongoing safety training. Clear safety policies Another way employers promote safety is by providing employees with formal safety policies addressing emergencies and other topics. In best-case scenarios, these documents are posted throughout the workplace and kept up-to-date. Well maintained safety gear Without the proper safety gear, workplace injury risk increases. Pay attention to the gear your employer provides and look for worn parts, damage and other signs the gear may not be working properly. Workers’ compensation insurance Even workers in the safest environments can suffer from a workplace accident. Make sure you are covered for accidents by asking your employers if workers’ compensation insurance is provided. If an accident does occur and you experience difficulty with your workers’ compensation claim, you should seek legal advice from a North Carolina attorney as soon as possible. Source: Reliable Plant, “How Safe is Your Workplace?,” accessed June 30, 2015

For decades, it has been widely-known that asbestos can cause life-threatening illnesses and diseases. Asbestos is made up of minerals that can be used in several industries. The danger occurs when asbestos is disturbed or degrades and tiny particles are released into the atmosphere. Before this knowledge became widespread, many people suffered or perished due to asbestos exposure in the workplace as well as in buildings or homes containing asbestos. Fortunately, these illnesses and deaths have taught employers and organizations like Occupational Safety and Health Administration many lessons about the substance. It is now possible to work around asbestos if absolutely necessary by following strict safety guidelines at all times. However, it is still important to understand fully the hazards associated with this dangerous material before performing any work with or near asbestos. Here are some of the most significant dangers asbestos can present to North Carolina workers. — Inhaled asbestos fibers present in the lungs for extended periods can scar lung tissue and cause respiratory problems– According to Department of Health and Human Services, asbestos can increase the risks of contracting mesothelioma and lung cancer– Some studies show a link between exposure to asbestos and colorectal or gastrointestinal cancers– Asbestos exposure increases the risk of asbestosis, an inflammatory illness of the lungs that can result in shortness of breath, permanent lung damage and coughing If you are considering employment that may expose you to asbestos, it is crucial to make sure you receive proper training and that the work conforms to OSHA’s asbestos standards. If you believe you have already been injured by asbestos in your job, consider consulting with an attorney as soon as possible. Source: National Cancer Institute, “Asbestos Exposure and Cancer Risk,” accessed June 22, 2015

Injured North Carolina industrial workers who have had no prior experience with the workers’ compensation process frequently feel confused about their rights and duties. Often, employers can answer questions injured workers may have, but in some cases, the employer does not have the right information. If you have recently been injured at work or would simply like to educate yourself about workers’ compensation, here are a few basic facts to consider. Workers’ comp coverage: Most industrial employers are required by law to have workers’ compensation insurance coverage. This protects both the workforce and the employer and includes some form of coverage for independent contractors as well as salaried staff. Reporting injuries: The very first step following a workplace injury is to report the incident in writing as well as orally to employers. If the injury is so severe it prevents immediate reporting, be sure to make an official written report within 30 days. No coverage: If an employer does not have workers’ compensation insurance, the injured worker must report the absence of coverage to the NCIC Fraud Section. There are several forms the injured worker can complete outside of the workplace to facilitate his or her injury claim. Employer refusal: If an employer refuses to report an injury to the workers’ comp insurance carrier, an injured worker can fill out separate forms to further a claim. Engaging a workers’ comp attorney is also a good proactive step as it is against the law for employers to refuse their duty of reporting injuries. Remember, workers’ compensation is your right as part of the North Carolina workforce. If you experience difficulties getting your claim approved or with any other aspect of workers’ comp, an attorney can help you seek satisfaction. Source: North Carolina Industrial Commission, “Frequently Asked Questions,” accessed June 16, 2015

Considering how often we’re reminded not to use our phones at work, it may come as a surprise that certain smartphone apps are actually welcome in the workplace. In fact, mobile apps were among the hottest topics at a recent conference for environmental, health and safety professionals. The topic was so important to the folks at the American Society of Safety Engineers that its national director of compliance programs performed an exhaustive review of what’s currently available and published a list of the Top 10 most valuable safety apps: OSHA Heat Safety Tool NIOSH Pocket Guide (to hazardous chemicals) NIOSH Ladder Safety Fall Clear Lite Electrical Safety Tests ILO Ergonomic Checkpoints I-Auditor Incident Cost Calculator AccuWeather Pocket First Aid Even if you’re not a safety professional, these apps can provide you with a quick guide on how to handle workplace hazards safely. Working outdoors? Check out that OSHA Heat Safety Tool. If you notice a new chemical being used, for example, you could check the NIOSH Pocket Guide for MSDS information and first aid instructions. Unclear on whether the safety equipment you’ve been given will prevent you from a dangerous fall? Fall Clear Lite makes it easy to figure out. These apps might make a real difference. For example, many people don’t realize the dangers of working out in the sun and heat — even experienced North Carolinians. Not only that, but many indoor work environments, such as foundries, can expose workers to excessive heat. Whether you’re used to the heat or not, OSHA says that thousands of people suffer from serious heat-related illnesses every year — and some die. An occupational illness or injury doesn’t have to be the result of a physical accident to be covered by workers’ compensation, and employers have the legal responsibility to provide reasonably safe work environments. That doesn’t mean, however, that you shouldn’t take your safety into your own hands at work. Consider downloading some of these apps — most of them are even free.

Construction industry jobs often offer good pay during the building season. However, this type of work can also include employees suffering from construction injuries. One such incident at a North Carolina high school has caused several workers to be injured. The late morning accident is said to have happened when the temporary staging structure fell apart while the work crew were on it. The construction workers were continuing work on the planned addition to the school. Eight employees were said to have been injured. Of the total injured, two were hurt severely enough to have required helicopters to take them to hospitals. It was reported that there were possibly more than 12 workers on the scaffold when it collapsed. Some of the workers fell more than 29 feet. Six workers required medical care at other area medical centers. There have been no released reports concerning the condition of any of the injured crew. North Carolina safety officers are said to be conducting an investigation into the possible reasons why the structure may have failed. The workers that have suffered from these construction injuries may require a long time to heal from their wounds. They will most likely apply for workers’ compensation that has been designed to provide them with monetary assistance while they are unable to work. All states have a form of this insurance program for employees that suffer work related injuries or illnesses. North Carolina has this program available for their workers as well as additional resources that can help if an employee encounters difficulties while attempting to collect their benefits. Source: hamptonroads.com, “8 workers injured when scaffolding collapses in N.C.,” Aug. 13, 2013

Construction workers are typically aware of the increased risk of dangers that come from working in their industry. Dangers run the gamut from being injured while running dangerous equipment to scaffolding collapses when working above the ground. One recent scaffolding collapse led to eight workers suffering various injuries at a North Carolina high school. The construction workers were busy adding to an extension at McDowell High School in Marion. The scaffolding collapse occurred in the morning on a recent Monday and caused eight workers to plummet nearly 40 feet as the scaffolding broke apart. Emergency workers rushed to the scene and had to free at least two workers who were cut off from easy escape after the collapse. One of those workers was trapped atop a wall made of cinder blocks for just under an hour. He narrowly missed the potential for serious injury considering that firefighters had just managed to free him when the area where he had been trapped fell away. Six of the injured workers required transportation via ambulance to receive medical treatment. Two others were injured so seriously that emergency responders transported them via air for treatment of their injuries. There was no immediate word on the conditions of any of those injured workers. This scaffolding collapse is now being investigated by the North Carolina Labor Department’s Occupational Safety and Health Division. Workers who are injured in scaffolding collapses like this one will likely be able to file workers’ compensation claims in order to have their medical expenses covered. Further, they could receive benefits allowing them to receive part or all of their normal pay while unable to return to their jobs. This can help alleviate some of the financial strain that their families would otherwise face while they are unable to work. Source: wbtv.com, “Scaffolding collapse McDowell High School Marion NC injuries,” Chris Dyches, Aug. 12, 2013