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Construction jobs remain one of the most dangerous professions in North Carolina, with falls as the leading cause of occupational injuries. You navigate expected risks regularly, but that doesn’t mean you should accept increased danger due to a lack of safety measures. Your employer should actively seek ways to ensure your and other workers’ safety. Otherwise, they could be compromising your health and security. How a lack of fall protection puts employees at risk Working from various heights is inherently risky but a daily reality that construction workers such as yourself face. The Occupational Safety and Health Administration (OSHA) requires employers to implement fall protection for work done at specific heights or above dangerous equipment and machinery. Neglecting fall protection could turn a routine task into a life-threatening situation. Insufficient or broken railings or missing toe-boards could cause workers to fall into dangerous machines or dangerous heights. Such unfortunate accidents could result in serious injuries, including traumatic brain injuries, spinal cord injuries and long-term disabilities. Beyond the financial and physical burdens, the harrowing experience can inflict emotional distress, potentially causing post-traumatic stress disorder (PTSD), anxiety or depression. A work injury can impair your ability to return to work and decrease your quality of life. It is, therefore, crucial for employers to enforce safety protocols in the workplace. What happens when employers do not prioritize fall protection When fall protection is not a priority, you face a higher risk of accidents. If you sustain an injury in the workplace, you may be eligible to seek workers’ compensation from your employer. This can help cover the costs of your medical expenses, rehabilitation and lost wages. Additionally, those who overlook fall protection could face OSHA violations, with fines reaching up to $15,625 per fall protection-related offense. They might also be required to implement preventative measures to avert future incidents. Seeking workers’ compensation for your injuries Your job should not compromise your safety. If you sustain a severe injury due to unsafe working conditions, seek medical attention immediately and report it to your employer. You can also consider filing a complaint with the appropriate agencies, pursuing compensation or taking legal action. You take on considerable risk to do your job well. Do not hesitate to advocate for the safe working conditions you are entitled to.

Driving distractions extend beyond using your phone. Other seemingly harmless activities can be just as dangerous, such as interacting with pets in the car. Although North Carolina does not require pet restraints, securing your animal companion may help keep you both safe when traveling. Different ways pets can distract drivers As a pet owner, you may take great pride in understanding your pet’s needs. However, animals can be unpredictable inside a moving vehicle. Loud sounds, motion sickness, hunger and other factors may distress your pet. They may roam around the vehicle, bark or whine for attention, or unexpectedly jump onto the front seat. Left loose, your pet can move around the vehicle and potentially cause a motor vehicle accident. In a collision, the lack of a harness may also cause your pet to become a projectile. Despite the risks, an alarming survey shows that many pet owners choose to drive with their companions on their laps and that very few individuals use restraints. What happens if you get into an accident? Drivers who cause a car accident in North Carolina are responsible for paying damages. Securing compensation may become a challenge if you were involved in a crash because of your pet. The other party or insurance carrier may argue that you were distracted while driving. Additionally, under North Carolina’s contributory negligence laws, sharing even just 1% of the fault eliminates your right to receive compensation. Proving that you are entirely blameless will be crucial to be eligible for payments. The stress, inconvenience and potential harm that follow a car accident are not worth the risk. Apart from vehicle damage, a collision may result in injury to both you and your pet. Employing safety measures, such as pet restraints or keeping pets in the back seat, may help ensure your travels stay safe.

While workers’ compensation triggers whenever a worker suffers either a work-related injury or occupational disease, the insurance does more than just cover for medical expenses. If a work-related injury or illness prevents a worker from immediately reporting back to work, workers’ compensation can cover any wages the worker might lose while away. What is this benefit, when can a worker receive it, and how long does it last? Lost wage compensation In the event an occupational injury or illness results in an injured worker’s disability, lost wage compensation will apply. These compensation payments are weekly, at 66 2/3% of the worker’s average weekly wage, up to a maximum amount established by the North Carolina Industrial Commission (NCIC) each year. This benefit lasts until the worker is able to return to work. While the employer’s insurer pays this benefit weekly, the NCIC can sometimes authorize monthly payments. Disability must exceed seven days This lost wage compensation doesn’t automatically trigger every time a worker suffers a disability, however. The disability must require the worker to take more than seven days off work for this benefit to apply. In addition, the worker won’t receive compensation for the first seven days of lost time unless their disability forces them to take 21 or more days from work. For instance, if a worker takes a leave to recuperate from a work-related fracture injury for 18 days, they’ll only receive compensation for 11 days. This is because their leave didn’t reach the 21-day threshold required to retroactively trigger benefits for the first seven days. While there’s no compensation for the first seven days of missed work, workers are still free to go on leave without pay or use any sick or vacation leaves. On top of covering medical expenses, workers’ compensation can also cover an employee’s lost wages while they’re away recuperating. However, workers can only receive this benefit if their employer or employer’s insurer approves their claim. If you have suffered either a work-related injury or illness, consider speaking with a legal professional who can help you appeal a denied claim.

Maneuvering a large vehicle, such as a truck or trailer, for long stretches is bound to cause discomfort. For seasoned truck drivers, experiencing the occasional lower back pain or body ache becomes part of the job. However, one condition seems to plague the industry: trucker’s knee. J ay Gervasi, P.A. represents injured truck drivers across North Carolina. What causes a trucker’s knee injury? Patellar tendinitis, commonly known as trucker’s knee, is a discomfort and pain around the kneecaps that often affects drivers. This condition can affect the knee tendon responsible for key movements, such as jumping or kicking. Although it is usually durable, repeated stress or strain on the knee can contribute to patellar tendinitis. Truck drivers in North Carolina can be on the road for up to 11 hours daily. The typical driving positions demand bending the legs while pressing the gas and brake pedals with force every so often. Imagine doing this day in, day out, for years. The unnatural position and repetitive motion can result in trucker’s knee over time. Common symptoms of trucker’s knee include a sharp pain around the kneecap, swelling, mobility issues or popping noise. Although the condition is manageable at first, it can escalate without proper treatment. Daily tasks such as sitting or standing can become excruciating, forcing drivers to take a break from work. While truck drivers are in recovery, their workers’ compensation benefits may help cover their missed wages and medical expenses. However, the process for claiming these benefits is notoriously complex. Addressing the pain Simple treatments such as regular breaks, pain relievers, adequate rest and physical therapy are usually enough to relieve patellar tendinitis symptoms. In rare cases, however, a doctor may prescribe surgery. Claiming workers’ comp benefits can help alleviate worries over missing pay and costly treatment. However, there is a strict process to follow to make a claim successfully. Understanding the deadlines and requirements can help reduce the chance of missing out on these crucial benefits. Once symptoms of patellar tendinitis appear, truckers should consider giving their knees and legs a break. After all, sufficient rest is key to a speedy recovery. Instead of tolerating the pain, pursuing early diagnosis and treatment can help truckers get back on the road faster. If you are a CDL driver and need legal help or compensation for work related injury or need help with fileing a workers compensation claim, contact Jay Gervasi today!

Work-related accidents are a common occurrence in physically demanding professions. The construction industry serves as a prime example of this. A common hazard in this sector is struck-by accidents. Such incidents occur when a worker comes into violent contact with an object or equipment. They can cause severe injuries and, in some cases, prove fatal. Dangerous environmental factors that cause injuries Struck-by incidents in 2020 led to 150 deaths and 14,000 nonfatal injuries in the construction sector. This highlights a need to address underlying issues. Several environmental factors in the construction industry play a significant role in these accidents. These include: Interaction with heavy machinery and tools: Construction work often involves using heavy machinery, power tools and other equipment. If workers mishandle or misuse these tools or machinery, the risk of struck-by injuries significantly escalates. Transportation-related incidents: A significant percentage of fatal and nonfatal struck-by injuries are transportation-related. These incidents typically happen when a vehicle or piece of construction equipment collides with a worker. Falling objects: Struck-by injuries can also result from objects falling from different heights. This can happen even from relatively low levels like a truck bed or dolly. The severity of the injury often correlates with the weight of the object and the height from which it falls. Each worker involved in a struck-by accident initially believed they were safe enough to perform their tasks. Unfortunately, these incidents prove such beliefs wrong. This highlights the importance of incorporating struck-by prevention strategies into the workplace. The Center for Disease Control and Prevention (CDC) suggests that these safety measures could be strict safety protocols, comprehensive training and the correct use of safety equipment. Workers’ compensation and safety measures Effective safety measures are not just best practices. They play a critical role in reducing these risks and ensuring the safety of the construction workforce. It’s important to remember that any worker who suffers an injury can seek relief through the state’s workers’ compensation laws. This applies regardless of who is at fault for the injury.

A worker with a job-related health condition in North Carolina may qualify for workers’ compensation benefits. They could receive medical coverage beginning the same day they get hurt or a doctor diagnoses them with a job-related health issue. They may also qualify for disability benefits if they need to miss multiple days of work. Many injured workers worry about what their short-term leave of absence will mean for their finances. They may not have much money in savings, and workers’ compensation might be the only way for them to pay their bills. How long can employees expect to continue receiving workers’ compensation benefits after developing a job-acquired health condition? Benefits last until circumstances change As a general rule, workers’ compensation benefits last until some aspect of the situation changes. The best outcome would be an end of benefits because a worker has fully healed and can now return to their job. Both health benefits and disability benefits will typically end when a doctor declares that someone has fully recovered and can go back to work. When a worker has lasting medical challenges related to a job-acquired health condition, some of their benefits may continue indefinitely. Workers’ compensation health coverage will continue paying for treatments for as long as someone requires it and responds to it. If someone reaches a point where they no longer respond to treatment, a doctor may submit a report indicating that they have achieved maximum medical improvement (MMI). If a worker is unlikely to improve from additional treatment, then workers’ compensation won’t pay for treatment anymore. Thankfully, health benefits might still cover ongoing symptom management costs. They could also potentially receive permanent disability benefits. Workers can receive permanent total disability benefits if they never recover enough to return to gainful employment. They may also qualify for permanent partial disability benefits if they will have a permanent reduction in earning potential because of lasting symptoms. It will generally be someone’s improvement or lack thereof that determines when their benefits start and stop when it comes to a a workers’ compensation claim. Understanding when benefits begin and end can help workers assert themselves when facing an unfair early termination of benefits or other claims issues.

Maximum Medical Improvement (MMI) is a key term within workers’ compensation. You might be familiar with this term if you work in a physically demanding field such as construction. MMI refers to the point at which your medical condition has stabilized and is not expected to improve further with additional treatment. It indicates that you have healed as much as your specific injuries and physical state will likely allow. In the construction industry, reaching MMI may mean you can no longer perform tasks that were once routine due to the physical demands and nature of your job. In this case, it’s essential to understand your options and rights, as navigating the path post-MMI can be challenging. Seeking to return to work Reaching MMI does not signify the end of your working journey. If your employer or insurance carrier doesn’t provide vocational assistance—including job training and counseling—you might feel stuck. You’re medically stable, but physical limitations prevent you from resuming your old job. It might seem like the end, but it’s not. There are resources available to you in North Carolina. One significant resource is the North Carolina Division of Vocational Rehabilitation Services, which provides vocational counseling, job placement assistance and other services to help individuals with disabilities reenter the workforce. While you may not be physically ready to return to your previous duties after reaching MMI, you can explore other employment opportunities that accommodate your current condition. Maximizing available resources to you As a construction worker who has reached MMI, the future might seem bleak. Remember, there’s always hope. By law, you have resources you can leverage to navigate your next steps and work towards reentering the workforce in a capacity that fits your capabilities.

Pratfalls have long been a mainstay of physical comedy on stage and screen – but a real slip-and-fall accident is no laughing matter. Slips and falls sent roughly 6.8 million people to the hospital in 2020 alone, and more than 211,000 were injured seriously enough to need time off work. While many people associate slips and falls with stairs and ladders, parking lots can be the real danger zone – especially in winter. Early nightfall combined with a busy shopping season and sometimes inclement weather can make parking lots uniquely hazardous this time of year. What are some of the most common slip-and-fall injuries? If you’re lucky, the worst you’ll end up with after a slip and fall in a parking lot is some scraped knees and wounded pride. If you’re not so lucky, you can end up with: Fractures: Broken wrists from flinging out your hands to break your fall are very possible, as are broken legs and hips. Ankles, too, are particularly vulnerable to breaks when someone’s foot twists in a pothole. Head injuries: Traumatic brain injuries (TBIs) are especially dangerous, and they can happen very easily, particularly when there’s inadequate lighting in a parking lot that can cause you to miss your step. Facial injuries: If you’re leaving a store with an armful of packages and you trip on a piece of broken asphalt, you could have no capacity to break your fall. That can lead to serious facial and dental injuries that could impact your life for years to come. The owners and managers of parking lots know that they have a certain responsibility to keep their lots reasonably safe for the people who have legitimate reasons to be there. If you’re injured in a slip-and-fall accident due to inadequate lighting or failures to keep the lot in good condition, you may have a valid premises liability claim.

Treatments for accident-related injuries are often straightforward. Sometimes, doctors can prescribe medication for any pain caused by minor injuries. Other cases might involve moderate to severe physical harm, such as traumatic brain injuries (TBIs). The damage caused by TBIs can be unpredictable, potentially causing unique health issues. These conditions may include memory loss, coordination problems and other disabilities. Some impairments, such as chronic pain, sleeping issues and poor vision, can be so severe that they can impact patients’ quality of life. These issues can also impede their ability to earn a living and perform basic tasks. Depending on their accompanying symptoms and effects, patients with severe TBIs could require extensive medical care and rehabilitation after the accident. These programs might be necessary to help patients recover their independence and address or manage their impairments, allowing them to live meaningful lives despite their circumstances. Other factors can impact a patient’s ability to recover, including their physical health before the accident, the TBI’s severity and whether they have the support to persevere through their treatment. Even if they are in good enough shape for a full recovery, their healing can hinge on whether they can access the necessary medical and rehabilitation programs. Seeking compensation for a full recovery Medical expenses could be too costly for the average American to afford. In most cases, a patient might have no choice but to pursue compensation to have a chance at fully recovering, depending on the circumstances. If someone else’s negligence contributed to the accident leading to their TBI, they could file a claim or lawsuit. Doing so can also help them cover their tests, treatments, medication and long-term care, especially if their TBI led to disabling health conditions.

Retail appears to be a relatively safe industry, mainly because retail workers do not have to operate heavy machinery or risk exposure to toxic substances. Their primary responsibility is to cater to the needs of paying customers and sell their employer’s products. However, retail workers are at a higher risk for workplace violence than other industries because they face new and unpredictable customers daily. Workplace violence involves shopping theft, sexual harassment and verbal abuse, not only assault and battery. Why is violence a threat to retail workers? Stores are easily accessible by design because they encourage people to go around and purchase products. Customers can come in with firearms and shoot unarmed employees. They can enter the store and easily walk out without paying for items. Customers are getting increasingly aggressive because they feel they are always right, and retail workers are afraid to retaliate. Workplace violence in retail stores is growing even more rapidly than the national average. Retail workers deserve to work in a safe environment like all workers do. Employers should prioritize their employees’ safety by implementing stricter security measures. Can retail workers receive workers’ compensation for violence? The North Carolina Workers’ Compensation Act has certain conditions that retail workers must satisfy before claiming compensation attributed to workplace violence. The injury should have occurred because of an accident or unexpected event during employment and should have arisen out of employment. Injuries are not always physical. They can also be psychological. Workers’ compensation cases can be very complex to navigate alone. A retail worker may be able to recover more than they initially intended, depending on the situation. They may even file a personal injury claim against the person who hurt them.

We all know that construction is a dangerous industry, and construction workers know this better than anyone. As a professional, you may also know when a construction worksite itself is dangerous, which may lead you to wonder if you still have to work at such a site. The simple answer is no. You do not have to work at dangerous worksites if they pose a danger of imminent harm. You can refuse to work in such conditions, but there are steps you need to take to protect yourself from harm and your legal rights, even for those classified as independent contractors. Report the issue First, you need to tell your supervisor or other team leader. of the imminent threat of harm. This should be done immediately verbally and in writing. Be specific about the hazard, why it is dangerous, and that this danger has stopped work. Ask for an alternative worksite or for the danger to be mitigated. What if they do not respond? If your employer does not respond, offer you an alternative worksite or mitigate the dangerous condition, you will need to report the issue to the government. In our state, that is the North Carolina Department of Labor, where you would file a complaint with their Occupational Safety and Health Division. Request an inspection by an OSH compliance officer. Construction worker rights In North Carolina, construction workers have rights, but you need to preserve them. You have the right to a safe and healthy worksite. You have the right to receive training on how to prevent and avoid workplace hazards. However, you need to use the provided protective equipment and follow the safety rules. You also have the right to report all near misses and actually occurring workplace injuries and illnesses. And, your employer cannot retaliate against you because you exercised your rights. You must comply with OSH standards and regulations and cooperate with their investigations and inspection.

Punch presses are used to shape all kinds of materials for use, so they’re operated by workers in all kinds of different industries, especially manufacturing and construction – and they can be incredibly dangerous. According to the Centers for Disease Control (CDC), roughly 49% of injuries caused by a mechanical press end up causing amputations. Many hazards come into play in punch-press scenarios Whether they’re mechanical or hydraulic-based, punch-press machines are responsible for a significant number of factory worker injuries for several reasons: High speed and force: Punch-press machines are designed to rapidly and forcefully shape, cut or form materials like metal, plastic, or paper. The high speed and force involved in their operation make them inherently dangerous. Operator error: Many injuries occur due to operator error, such as placing hands or body parts too close to the machine during operation, failing to follow safety procedures or not using personal protective equipment (PPE) correctly. Lack of training: Inadequate training on how to operate these machines safely is one of the major causes of accidents. Workers may not fully understand the risks associated with the equipment or how to use their tools properly – or they may become complacent after some time in operation and inattentive. Mechanical failures: Punch-press machines can experience mechanical failures, such as jamming or malfunctioning, which can lead to unexpected movements or objects being ejected from the machine. Poor maintenance can also contribute to this issue. Lack of safeguards: In some cases, the machines may lack adequate safety features or safeguards, like emergency stop buttons or interlocking guards. Repetitive motion injuries: The repetitive nature of the tasks performed with these machines can lead to stress injuries, including carpal or cubital tunnel syndromes. Production pressure: Factory workers can face a lot of pressure to meet production quotas or deadlines, which can lead to rushing and overlooked safety precautions. If you have been injured at work while operating a punch press, it really doesn’t matter how it happened. What matters is how you can recover from your injuries and how you can provide for your family. Workers’ compensation benefits can help. Learning more about the benefits that are available can make securing rightful compensation a less arduous task. Seeking legal guidance is a good way to start.