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The tragic school shooting that occurred last December was the latest in a series of violent events to take place in American schools. No matter which side of the gun debate you find yourself on, every parent in North Carolina and across the country agrees that something must be done to keep our children safe. Each school district seems to be addressing the problem in its own way, but some are taking more direct action than others. In one recent case, a school employee suffered what most would consider to be a rather unusual work injury, given his profession. He was shot in the leg during a handgun training session sponsored by the school district. Last month, the school board in one Texas district enacted a new policy allowing certain employees to carry guns on school property. At the time of the accident, the victim – who is a maintenance department employee – had just finished the handgun safety course. Another person was staying behind to work with the trainer when the gun they were using experienced a malfunction. A statement from the school district says that “With the assistance of the instructor, the malfunction was addressed, but the gun misfired and the bullet ricocheted coming back to strike the (maintenance department) employee in the left leg.” Thankfully, the man received treatment at the scene before being rushed to the hospital. He is listed in fair condition. The story of this workplace injury is odd, but only because of the context in which it happened. Nonetheless, the man was injured in the course of employment and may soon be filing a workers’ compensation claim through his employer. Source: USA Today, “Texas school worker shot in handgun training session,” Doug Stanglin, Feb. 28, 2013

While there is no such thing as a “good” work accident there are most definitely some accidents that have better outcomes than others. When it comes to industrial accidents, it is not uncommon for the end result to be catastrophic. In the worst cases, it may lead to death. This was sadly the outcome in a North Carolina industrial accident that occurred this past weekend. A 35-year-old man was involved in an accident involving a saw. He reportedly became caught in the saw while working, suffering injuries characterized as traumatic. Immediately following the incident at the cabinet shop, the man was transported to an area hospital. It was there that he sadly died. The fatal accident has prompted an investigation by Occupational Safety and Health Administration. While it is certainly possible for workers in a variety of workplace settings to be injured, it is undeniable that certain occupations present a greater risk of such issues. Industrial settings seem to be one of those more risky workplaces. This is for a variety of reasons including the type of work being performed and the equipment used to accomplish the necessary tasks. When a worker is injured in an industrial accident, and survives, it is highly likely that individual will seek workers’ compensation benefits while he or she heals. Once secured, such benefits provide a financial cushion so that the injured party can stop worrying about how bills will be paid, and focus on getting well. Generally, the benefits continue until the worker is well enough to return to work in some capacity, possibly to a different job from what the worker previously held. In situations when the injuries result in a permanent disability, long-term benefits may be available. When these issues present problems, many find it helpful to secure the counsel of a workers’ compensation lawyer. Source: WBTV, “Man dies in industrial accident in Lincoln County,” Feb. 23, 2013

While caring for, and in some cases, saving the lives of the patients for whom they are caring for, health care providers throughout the nation, including North Carolina, face hazards other types of workers can’t even imagine. One such group of individuals is those who provide cancer drugs to patients. Not surprisingly chemotherapy drugs can lead to health issues to those who are not patients but are exposed to the drugs on a regular basis. Among other things these issues include fertility problems and rashes. These issues are due in part to difficulties in removing anticancer drugs from various surfaces where the drugs are located. More specifically, at this point there is not one single cleaner that can clean such surfaces. It appears that researchers at University of North Carolina at Chapel Hill have created a product that can effectively remove the drugs from surfaces in a two step process. Called Hazardous Drug Clean, the product consists of packet of two different types of towlettes that when used in the correct order, can lift the anticancer drugs from the previously contaminated surface. The use of HDClean could reduce improve the safety for workers not only in hospitals and clinics where chemotherapy is administered, but in labs and pharmacies as well. It is important that employers throughout the nation take precautions to protect their employees. Working to eliminate situations in which workers could become ill is part of that. When workers do become ill as a result of exposure to toxic materials, they may be entitled to workers’ compensation benefits. Source: Health Canal, “Towlettes clean up difficult-to-remove anticancer drugs from surfaces,” Feb. 2, 2013

There are many factors that contribute to a dangerous industrial workplace. In addition to heavy equipment made up of multiple moving parts, by-products of the items being manufactured can pose problems as well. An issue that affects many industrial plants, undoubtedly including some in the state of North Carolina, is the presence of dust. Dust can be found in a variety of industries including: pharmaceuticals, auto manufacturing, furniture and metals. While many think of it in terms of something that makes a mess, its presence can be much more dangerous. For instance, under certain circumstances the presence of combustible dust and aerosols can lead to explosions. In other situations the inhalation of dust particles by workers can lead to health problems such as congestion, headaches and chronic issues with ones upper respiratory system. Recognizing the presence of dust in workplaces poses hazards, the federal agency responsible for workplace safety, the Occupational Safety and Health Administration, has created guidelines regarding levels of dust which workers can be exposed to. Employers can make sure that those guidelines are being met through methods such as using a high-efficiency filtration system to removed dust from the air. Most employers would likely find these types of systems are worth it. They help keep workers healthy removing the need to make workers’ compensation payments and by meeting safety standards keep OSHA levied fines at bay. In addition, a lack of dust in the air is beneficial to industrial machines as well. This could keep production running smoothly leading to a greater profit. Source: Plant Services, “Deadly dust,” Mike Bacidore, Jan. 23, 2013 Our firm handles similar situations to the one discussed in this post. If you would like to learn more about our practice, please visit our North Carolina industrial injuries page.

Workers throughout the state of North Carolina expect to be able to do their job each day without suffering an injury. Because this does not always happen however, most businesses in the state are required to purchase a workers’ compensation insurance policy. When a worker is hurt while doing something in conjunction with his or her job, that individual may decide to seek benefits via a workers’ compensation claim. There are many instances in which this may be appropriate including situations where a worker must miss work to recover from an injury. In some cases such benefits are vital to keep a worker from financial ruin. Readers of this blog may be aware of issues the state of North Carolina has recently experienced regarding its workers’ compensation system. Last year tens of thousands of businesses throughout the state were found to be in violation of the requirement of carrying workers’ compensation insurance. In some cases, employers were ordered to make workers’ compensation payments to injured employees but failed to do so. This left many injured workers in the lurch, undoubtedly with mounting debt. The Industrial Commission does many things in state of North Carolina including determining whether an injured worker should receive the benefits sought. It is likely due at least in part to these issues that the North Carolina Industrial Commission will be overhauled. It is expected that six commissioners will be removed within the next few months. Whether the change will have the desired outcome for workers throughout the state remains to be seen. What is clear however is that injured workers should be at least afforded the opportunity to try to obtain workers’ compensation benefits. Source: News & Observer, “NC legislators seek clean slate for embattled Industrial Commission,” Mandy Locke, Feb. 9, 2013

When a worker in the state of North Carolina is injured on the job, it may be possible for the injured worker to seek benefits via a workers’ compensation claim. There are many reasons these claims are not automatically accepted however. One of those reasons is the determination that the injury occurred while the worker was doing something outside the scope of his or her job. The North Carolina Court of Appeals recently ruled on this very topic. A woman who fell during a lunch break, aggravating a previous knee injury, sought workers’ compensation benefits. She slipped on a piece of ice lying on the floor near the bathroom from which she was exiting. The ice was from a nearby ice machine. The woman’s employer sought to deny the claim based on the theory that it did not occur in the course of her employment. It alleged that the incident occurred while she was on a break, on a different floor from where she worked. The North Carolina Court of Appeals determined that the woman was in fact entitled to workers’ compensation benefits for the injuries she suffered in the fall. There were several reasons supporting that decision including the fact that: The injury occurred within her work hours Her employer “essentially controlled,” the building in which the incident occurred The fall happened in an area of the building deemed to be a common area As this case illustrates, it is not always easy to recoup workers’ compensation benefits. For this reason it is often a good idea to work with a workers’ compensation lawyer. Source: Risk and Insurance, “Comp allowed for representative’s fall during unpaid lunch break,” Feb. 11, 2013

Now that the Super Bowl is in the history books, most people are turning their attention to other things. Workers’ compensation advocates, however, still have their attention firmly fixed on the NFL. The league’s shaky safety record, which has been called into question in recent years, has led to a number of players requesting workers’ compensation. Unfortunately, due to the nature of league contracts, workers’ compensation is not always available in each player’s home state. For this reason, athletes from many states, including North Carolina, have been applying for benefits in California courts. The Golden State tends to have looser workers’ compensation restrictions, meaning players can receive compensation more easily. This is true even if a player never even played for a California team. If, for example, a player spent his career working for the Carolina Panthers, but played a few games in San Diego, he could sue for workers’ compensation in California. This is because California law does not require players to prove that a particular injury was sustained within state lines; the court accepts claims based on the cumulative “wear and tear” received throughout an athletic career. So, even if an athlete only played in California once, he or she could sue for workers’ compensation there. Lawmakers call it a “loophole,” one that is currently being used by approximately 3,000 ex-NFL players. California lawmakers say it is an abuse of state resources, and have vowed to take steps to prevent it during this legislative session. Professional athletes have a very hazardous job, and they should not have to resort to filing in another state to receive compensation for their injuries. Just like all other employees, athletes are entitled to financial assistance whenever they are injured in the workplace, whether it occurs on a football field or on a factory floor. Source: KABC-TV, “NFL players can file for CA workers’ comp thanks to loophole,” John Hartung, Feb. 1, 2013

The federal Mine Safety and Health Administration released its 2012 review of mining accidents a few days ago, and it looks as if the agency’s renewed focus on safety has paid off. Just one shy of 2009’s record low number of mine workers killed on the job, 36 miners died last year in coal, metal and nonmetal mines. One of those deaths was here in North Carolina. According to the Bureau of Labor Statistics, there were more than 5 million people in mining and logging jobs in North Carolina at the end of 2012. The mining industry in this state is changing, certainly, as it is everywhere. Nowadays, we are more likely to hear about gas drilling than coal and metal mining. But that does not mean that the safety of miners is any less important. In fact, MSHA says that all mining deaths are preventable. And since the Upper Big Branch disaster in 2010, MSHA has stepped up enforcement efforts with mining companies; the agency has also worked to clean up its own operations. The UBB investigation turned up deficiencies at the mine’s parent company and at MSHA. After overhauling the inspection and enforcement process and changing some rules that let companies put mitigation efforts on hold while appealing a citation, MSHA leadership believes that the industry is well on its way to being accident- and fatality-free. The report also showed that mining companies have some work to do on improving training programs and standards for workers. More than half of the miners who died in 2012 were rookies, with less than a year on the job or in that particular mine. With better training for each task in a mine, the risk of accidents will decline. Source: TribLive.com, “U.S. mining fatalities in 2012 near all-time low; Pennsylvania ends year with none,” Chris Togneri, Feb. 1, 2013 Our firm helps people who have been injured on the job in workplaces like the mines referred to in this post. If you would like to learn more about our North Carolina practice, please visit our Workers’ Compensation: Injuries and Issues page.

The widow of a contract worker killed on the job last week has leveled some harsh allegations at the company that runs the plant. In a press conference, the woman and her attorney said the incident was mishandled from the moment her husband died. Her husband, 39, was part of a three-man crew cleaning out a “fume” tank at the Resolute Forest Products plant in Catawba, North Carolina. Some reports say the tank had been decommissioned. Regardless, a deadly chemical leaked into the tank while the men were inside. While two of the workers were able to escape, the victim was not. He died in the tank. Investigators from the Occupational Health and Safety Administration and the county will work together to determine the cause of the accident. They will also, the widow hopes, look into what happened after her husband died. She did not learn of the accident from a company representative, she says. Instead, she heard from a cousin that her husband had been injured. When she arrived at the plant, security guards would not let her past the gate; she says they bruised her arms in their attempt to keep her out. She eventually made it into the area where the accident had happened. (Sheriff’s records indicate the security team called for assistance when family members gained entry into the complex.) Company employees continued to be hostile, she said. She snapped pictures of the accident site with her cell phone, only to have a worker seize the phone and delete the pictures. In addition to her complaints about her own treatment, the victim’s widow told the press that workers are not trained properly at the plant. The allegation came less than a year after four men were injured at the plant in another chemical leak. Source: WBTV 3, “Wife makes serious allegations against paper plant after contractor’s death,” Chris Dyches, Jan. 29, 2013 Our Guilford County, North Carolina, firm helps people in situations like the one discussed in this post. If you are interested in learning more about our practice, please visit our Workers’ Compensation Overview page.

With an increase in legal savvy among workers there has also come an increase in workplace safety and regulations. However, sometimes companies fail to adhere to the Occupational Safety & Health Administration’s (OSHA) recommendations and guidelines, or find it difficult to keep up with those regulations. Whether or not Rana Meal Solutions LLC, a pasta manufacturer was just negligent in its application of those guidelines or was just not up-to-date on the latest regulations, they have now been cited for 12 serious violations of national safety standards and received $54,000 worth of fines. OSHA began their investigation after receiving a tip from workers at the manufacturing plant that they were working in a hazardous work environment and being exposed to unhealthy amounts of ammonia. Of those 12 serious violations, eight of them revolve around the concerns related to the ammonia refrigeration process. Rana Meal Solutions has failed in properly addressing safety concerns as described in OSHA’s guidelines and has provided its employees and trainers with inadequate training to protect its workers properly. The facilities were also found to be lacking in emergency eye wash facilities and visibly accessible information regarding workplace safety and safety procedures when dealing with existing workplace hazardous materials. The manufacturer also was cited for one minor non-serious violation when standing water was found on the facility’s floor. The citation was for a potential fall hazard being present without adequate signage and clean up to accompany it. Under OSHA policies, Rana Meal Solutions has 15 business days from receipt of the citations and fines to request an informal conference with OSHA’s are director or contest the investigation’s findings with an independent OSHA commission. Source: ohsonline.com, “Pasta Manufacturer Cited for Ammonia Hazards,” Jan. 25, 2013 For more information on North Carolina Workers’ Compensation resources due to a workplace injury or illness caused by a hazardous work environment, please feel free to visit our website.

Good news just surfaced for those working in high-risk industries in North Carolina. According to the state Department of Labor, North Carolina once again cracked the top ten in safest states in which to work in the United States for 2012. Even better, the state dropped its workplace-related fatality total by 34 percent from 53 deaths in 2011 to 35 during 2012. The decline in workplace injuries that lead to fatalities is confirmation for the department and officials that their focus on preventing workplace injuries and accidents from occurring is working. In the past year, they have put forward more effort and resources at prevention programs while partnering with local industries in order to drop potential fatalities. The ultimate goal is to get to zero, but any step in the right direction, especially one so large is met with great optimism by the department. Of the 35 workplace fatalities that occurred, all but one was a male victim and all took place in 25 of North Carolina’s 100 counties. The overall injury and illness rates for North Carolina are however “at an all-time low” of 3.1 per 100 full-time workers.” It appears that the state’s Department of Labor and their joint efforts with business and industry leaders is indeed making a difference in workplace safety when it comes to preventing fatal injuries. While rates of fatal workplace injuries are falling, many types of workplace injuries occur on a regular basis. If you have suffered from an injury or illness from your work environment, please contact an attorney practiced in workers’ compensation law. Their knowledge and skill will assist you in determining the best legal options available to you. Source: wral.com, “Work-related fatalities declining in NC,” Angie Basiouny, Jan. 14, 2013

Getting injured on the job or suffering an illness due to a work environment is never a pleasant experience. Those who have been through the difficulties that surround a workplace injury realize that it can sometimes be a long road to recovery. What some North Carolina residents may not realize though, is the high cost of such injuries to the economy (roughly $250 billion) and also that one of the industries with the highest rate of injury is also focused on healing (healthcare). The healthcare industry ironically experiences some of the highest rates of workplace injury and illness within the United States. As discussed in a previous post, there are many dangers within the healthcare industry and hospitals in general, with regards to workplace safety. These range from slippery floors to the speed at which healthcare professionals must work and respond to emergencies. Another area which we did not discuss earlier is the workplace illnesses that can arise when working in the healthcare industry. Healthcare workers are constantly exposed to illness, medications, biohazards, as well as chemicals. Many of the patients that they care for may also be carrying contagious diseases, dangerous bacteria, and/or pathogens. With all of this in mind, it is no wonder that the healthcare industry is among the highest ranked industries for workplace injuries and illnesses. If you work in the healthcare industry and you are unable to work substantially due to an injury or illness suffered during your employment, please contact a workers’ compensation attorney. Their knowledge and skill in assisting people like you will help them guide you through the process and give you peace of mind. Source: melodika.net, “WORKPLACE INJURIES AND ILLNESSES COME AT HIGH COSTS,” Jay Gervasi, Dec. 19, 2012