Blog

All Workers' Compensation Construction Workers' Accidents Firm News Industrial Workers' Accidents Injuries Motor Vehicle Accidents Third Party Claims Workplace Accidents Workplace Illnesses Workplace Injuries Workplace Safety Jay Gervasi Attorney at Law Service Personal Injury Lawyer Truck Accident Attorney Truck Drivers Workers Comp Workers Compensation

What Demographic Groups Face The Greatest Risk Of Work Injury?

Anyone can get hurt at work, as job injuries range from predictable, industry-specific trauma risks to fluke accidents related to criminal activity or inclement weather. People of all ages and backgrounds engaged in gainful employment could potentially end up suffering from a work-related injury or a job-acquired illness. However, certain groups weather greater risk (at least, statistically speaking) on the job than others. When looking at federal workplace injury data, two specific groups tend to navigate greater risk for injury on the job when compared with the rest of the population. Older workers are at elevated risk With people living longer and retirement ages rising, more people work later in life. Having older adults in the workforce can be beneficial in many ways, but those workers are more likely than their younger coworkers to end up hurt. According to a report from the National Safety Council, older adults are at elevated risk for two kinds of work injuries. Specifically, they are more likely to slip, trip and fall. Many older adults end up seeking emergency medical care because of broken bones or brain injuries caused by a same-level fall at work. They are also more susceptible to contracting infectious diseases at work. Younger workers also have elevated risks With many jobs, an individual’s degree of risk decreases as they become more familiar with the equipment they use and industry safety practices. As with driving a motor vehicle, experience is often the only means of ensuring someone’s competence and overall safety. Younger workers have their own risks, including a greater chance of injury caused by contact with objects/equipment and a greater chance of getting cut on the job. Mistakes on the job and sometimes an inability to consider long-term risks may factor into the increased injury risk for young adults. In certain industries, like construction, younger workers may actually be at the highest risk of an on-the-job fatality. Employees hurt at work and those who lose a loved one in a work incident may have grounds for a workers’ compensation claim and/or a civil lawsuit.  Recognizing personal risk factors, including personal characteristics that may increase physical risk, can help people avoid work injuries and take appropriate action after one has manifested.

Does driving become more dangerous with age?

It’s well known that younger drivers are some of the most accident-prone because of their inexperience and reduced maturity. How do things look at the other end of the scale? Do people keep on getting safer and safer? Or do they reach a point where their driving deteriorates in older age? Traffic statistics show that in 2020, over 6,500 adults over the age of 65 died in car crashes. A further 230,000 were injured enough as a result of motor vehicle collisions to need hospital treatment. Age isn’t everything As you age, your body’s ability to keep you safe while driving will lessen. Your eyes and ears won’t be as able to spot the early signs of trouble, and your brain and muscles won’t be able to process that information and react as quickly. But that is not the whole picture. Even the National Highway Traffic Safety Administration confirms that it is someone’s ability, not their age alone, that determines whether they are capable of operating a motor vehicle safely. You might think that why someone was injured or killed in a crash is irrelevant because it is the consequences of the crash that impact lives. Yet it is highly relevant when seeking compensation. If one of your older family members was injured or killed in a crash, you might need legal help to counter claims of the other driver and their insurer that your relative’s age meant they drove poorly and caused the crash. Attributing fault correctly can help you get the compensation your loved one deserves.

What Is The Role Of Form 18 In A North Carolina Workers’ Compensation Claim?

If you have a workplace accident, you need to fill out certain paperwork and provide relevant supporting evidence before you’ll qualify to receive workers’ compensation benefits. However obvious the extent and effect of your injury may be, you will not get a cent of workers’ compensation until you complete these tasks correctly. Form 18 is the document that you’ll need to submit in order to give official notice of your claim. Once completed, you must submit it to the North Carolina Industrial Commission. This form alerts the Commission to several important pieces of information that will allow it to process your claim. You’ll need to detail what happened that caused your injury as well as when it happened.  You’ll also need to mention what parts of the body were injured. Details of your work hours and wages will also need to be included. Omitting details could lead to delays in the processing of your claim. What if I cannot complete and sign the form? Someone else can do it for you if you are unable, which could happen if your injuries have affected your hands, your cognitive functions and/or your ability to process information sufficiently while you’re on specific medications. How long do I have to file the form? You must do so within two years of the injury or occupational disease occurring. Otherwise, you’ll likely lose all rights to claim. Remember, you’ll need to report the original incident to your employer within 30 days of sustaining harm or you may be barred from receiving compensation. Sending your employer a copy of this form would count as notice. The sooner you file, the sooner you can get compensation. Note that if you’re claiming for asbestosis, silicosis and business, you’ll need a different form. Filling out the form correctly is not always a straightforward process. Consider legal help to do so and to help you prepare the appropriate accompanying evidence to increase the chance that your workers’ compensation claim will succeed the first time around.

Could TBI Survivors’ Brain Cells Be Regrown And Repaired In A Lab Someday?

Medical researchers are constantly pushing the boundaries of what is possible. There are more therapies available for cancer than ever before, and advances in neurological science and prosthetics can help people recovering from an amputation or a spinal cord injury maintain more function than would have been possible years ago. Brain injuries, however, have long remained a near-impossible hurdle for researchers. Despite advances in understanding neuroplasticity (the ability of the brain to rewire itself), the adult brain doesn’t grow much and therefore has limited healing abilities. Surgery and rehabilitative care can reduce the impact of traumatic brain injuries (TBIs), but no real “reversal” treatment exists at this time. However, cutting-edge research has just created a new hope for those who are struggling with a TBI themselves and those who have a family member who has a brain injury. What researchers were able to do with mice As previously mentioned, the brain largely stops developing new tissue once the human body finishes growing. New neurons continue to develop throughout life, but the brain has a limited ability to rebuild or repair itself. Although sections of the brain do continue maturing and developing into people’s 20s, new growth and major neurological changes after that point are uncommon, to say the least. However, what medical science knows about treating brain injuries may soon change dramatically. Researchers have been able to successfully transplant human brain tissue into living rats. The rats in the study were able to use the transplanted neuron tissue. The transplanted tissue ended up integrating into the rats’ brains, receiving blood supply and cooperating with the pre-existing brain tissue. This advancement could provide hope for countless individuals impacted by TBIs. Cutting-edge care requires financial support Those hoping to undergo brand new, experimental treatments or to help their loved ones get such care often learn that there is a financial barrier to such treatment. Insurance claims and personal injury lawsuits are ways for individuals with brain injuries or their caregiving family members to seek financial compensation that could potentially help secure the best care possible. Learning more about medical advances and personal injury claims can help those adjusting to life after a brain injury. As can seeking legal guidance from a professional.

What if you don’t agree with a treatment plan for a work injury?

The North Carolina workers’ compensation insurance program will cover the cost of necessary medical care when a worker gets hurt on the job. Unlike private health insurance, workers’ compensation coverage will cover the costs without any patient responsibilities, like co-pays and prescription fees. Generally, workers should not have to pay anything for the treatment of a work injury. Whether they need surgery, physical therapy or medication, workers’ compensation should cover 100% of their expenses. They could also potentially qualify for disability benefits if they need to take time off of work to heal. Sometimes, workers do not agree with the treatment plan suggested by the doctor managing their care. What happens in that situation? You may need to request a second opinion You can pick your own doctor for your care if the Industrial Commission approves the request or see a physician recommended by your employer. Either way, no one medical doctor has infallible medical knowledge. There are gaps in any doctor’s expertise and hands-on work experience. If you believe that the treatment recommended by the doctor overseeing your care would not benefit you, you will need to follow the correct protocol. You can formally request a second opinion about the treatment you need to recover. You should not simply refuse treatment. If you do not comply with medical orders, you could potentially compromise your right to benefits in the future. The insurance company could claim that your failure to follow the doctor’s orders is really why you can’t work or need additional care, not the original injury. You have every right to disagree with a treatment plan suggested by a doctor, but it is important that you respond appropriately during that disagreement. Knowing your rights while receiving workers’ compensation can help you avoid claim-ending mistakes.

Fatal Greensboro accident proves residents’ concerns to be valid

Intersections are one of the most dangerous spots on any road. The Federal Highway Administration (FHWA) has determined that “More than 50 percent of the combined total of fatal and injury crashes occur at or near intersections.” Speeding and reckless driving vastly increase the risk of a crash wherever motorists engage in these behaviors. When they take place at an intersection, the risks to everyone near that site increase significantly. That is a concern some Greensboro residents have been bringing up with local councilors for some time, and not without reason. A particularly scary spot in town For example, the Randleman Road and Meadowview Road intersection has a 35 mph speed limit. Yet, residents claim many people are going way faster. A news crew took speed guns to the site and found many speeding drivers, with the fastest one they clocked traveling at 47mph. Sadly, the residents’ concerns have not been addressed sufficiently enough to prevent tragedy from striking. Earlier this month, an allegedly reckless driver killed someone who was traveling as a passenger in a vehicle near the intersection. Residents are not surprised, as many of them have already had their mailboxes or fences knocked down by irresponsible drivers going too fast along the road. Police say the driver that killed the passenger also jumped a red light, contributing to many residents’ opinion that drivers do not respect the laws on this stretch of road and do not show due concern for those who live there. Suggestions to improve safety by putting cameras on the lights, extending the duration of the yellow light or adding more streetlights have so far not been implemented. Until they are, you need to take extra care when around this interaction lest someone else who is not taking sufficient care injures you in a crash.

How Do I Report A Work Injury In North Carolina?

If you get hurt on the job, one of the first steps you’ll typically need to take is to report the issue to your employer. Proper reporting is crucial so that your employer can notify any safety organizations about the issue and make sure the company maintains any records it needs, such as security camera footage that may otherwise end up deleted. Making a report is also crucial if you need to file a claim for workers’ compensation benefits. These are the primary steps you need to take to properly report an injury on the job in North Carolina. Notify your team lead, supervisor or manager As soon as an incident on the job leaves you hurt at work, your will typically want to notify management about the situation. Reporting to a direct supervisor is standard practice at most businesses. However, your employer may specifically provide instructions for an alternate reporting system, such as going through an internal health center or contacting human resources. You should make sure that you follow your company’s policy in addition to telling your supervisors. Those who work with you need to know because you need to seek out a medical evaluation and must, therefore, leave before finishing your shift. Tell a medical provider about your claim Even if you have not yet initiated a workers’ compensation benefits claim, it is usually best to communicate the origin of your injury with healthcare providers overseeing your treatment. They can ensure that they include the right details in their records that will facilitate direct billing for a workers’ compensation claim. After they evaluate you, it will also be important that you abide by their recommendations throughout your treatment. Otherwise, insurance adjusters may try to blame you for your failure to improve and your need for ongoing wage replacement or medical treatment. Provide written notice to your employer After a diagnosis of a medical condition related to your employment, you have 30 days to formally notify your employer. Those hospitalized may want to ask a family member or coworker to communicate such notice to the company on their behalf, as delays could potentially affect the right to benefits. Learning more about the requirements for the workers’ compensation claim process will help those who get hurt on the job in North Carolina more easily complete the benefits application process. But keep in mind that injured workers can also seek legal guidance at any time as well.

Why does visibility matter on the roads?

Many crashes occur because one person does not see another or they do not see them in time to avoid them. Despite this reality, most people assume that others can and will see them as they travel. There are several factors that increase the risk that a motorist or large commercial vehicle operator will fail to spot others. These are just a few. Not expecting to see others A driver on a rural road who hardly ever sees another vehicle when driving back from town at one in the morning may be surprised when someone does appear. Or a driver might not expect to see someone on a motorcycle in late February and look straight past anyone who is traveling on two wheels. This phenomenon is called inattentional blindness and is down to how the brain works. To avoid overload, the brain only perceives what it expects to see. Distraction You could be waving an orange flag and blowing a whistle, and some drivers still won’t notice you. Some people are so engrossed in their phones or in programming the satnav that they fail to notice anything around them. Being hard to see If you drove a dark car on a dark night with no lights on your vehicle, you would not expect others to see you. Yet many people fail to realize visibility is a sliding scale, and the further you drift toward not being visible, the more likely that others will miss you. The more you can do to become visible, the better. Think lighter colored cars, turning on your headlights early, lighting up your bicycle and wearing your white jacket instead of your black one to walk to the bar at night. While it is other people’s duty to watch out for you, making yourself hard to miss may save you from injury and could help you show that they were at fault if a crash occurs.

What is the most dangerous occupation?

People often wonder what the most dangerous occupation is, perhaps out of pure curiosity or maybe because they want to avoid going into that line of work. Perhaps they’re trying to discover what the safest occupation is so that they can take steps to work in that career. What you’ll find is that it really depends on how you define the danger. But you can always use statistics to discover which occupations are the most dangerous. The highest rate of fatal injuries The first way to define this is by looking for the job that has the highest rate of fatal injuries. How many workers lose their lives for every 100,000 people in that occupation? When you do this, the most dangerous job is logging. There were 56 total deaths in 2018. That provides a death rate of 111 fatal accidents for every 100,000 workers. You can see that the rate is higher than the total, and this is just a reflection of the fact that the logging industry is a relatively small one with under 50,000 workers employed in it. These workers have to do very physical tasks, and that has led to a fatal accident rate that is a staggering 33 times as high as the nationwide average. The highest number of fatal injuries The second way to look at this is by looking for the highest number of total fatal injuries in any industry. When you do this, the most dangerous industry is construction. This is true year in and year out. Construction workers have very dangerous job sites that they have to work on, they use power tools and heavy machinery and the highest number of employees pass away on the job every year. The only reason that construction doesn’t rank higher than logging or other similar Industries is just that it is much larger. Because of how many people are working in construction, the rate of these fatal accidents is much lower. Understanding the risks If you work in one of these industries, it’s very important to understand the risks. This is also true if you have a family member who works in these industries, and you’re worried about them suffering fatal injuries in an accident. If this happens, then you need to know exactly what legal options you have.

T-boned at work? Here’s what you should know

While at work, you are expected to travel often. You go to different field sites and travel to your customers. It’s a normal part of your job to be behind the wheel, but being on the road so much does put you at a higher risk of being in an auto collision. That’s why it may not be surprising that you were hit. At an intersection, the person coming from your right didn’t stop at their red light. Your vehicle was T-boned, and you now have significant injuries. T-bone accidents are among the worst for victims T-bone crashes, crashes in which you’re hit from the side, can cause significant damage to your vehicle and cause severe injuries. Problematically, vehicles don’t have crumple zones or much room between you and another vehicle when hit from the side. While you may have some extra room for protection if you’re hit on the passenger side, any crash direct to the driver’s side has the potential to lead to serious or fatal injuries. T-bone crashes are among the worst because: The side impact is more likely to lead to direct impact injuries Less crumpling means your body has to absorb more force Not all vehicles have side-impact airbags, and side impacts aren’t likely to set off the front airbags. As a result, you may be more likely to hit your head on the window or wheel Essentially, you have less protection at this angle, so your injuries may be much worse. What should you do if you’re injured in a crash while at work? The good news about being in an auto collision while on the clock is that you should be able to seek workers’ compensation. Workers’ compensation should cover the cost of your medical care. It may also cover your lost wages if you have to miss work for an extended period of time. Even if the other driver doesn’t have insurance, you’ll have coverage in this kind of crash if you’re on the clock when it occurs. Let your employer know that you’ve gotten hit as soon as possible, so you can begin putting together a claim for workers’ compensation.

3 mistakes to avoid with workers’ compensation claims

Workers’ compensation exists to compensate employees injured in the line of duty. If you have been involved in a workplace accident that requires medical attention and possible time off work, you may be entitled to workers’ compensation benefits. However, the process is not so straightforward, and you can make missteps that could hurt your chances of enjoying these benefits. Failing to report your injury It is important to inform your employer in writing as soon as a workplace accident occurs. Failing to do so might draw questions about the severity of your injuries or their actual connection to your work activities. Furthermore, North Carolina law requires that a workplace accident is reported within 30 days. If that period lapses, your employer could dispute or deny your claim. Not getting medical attention Your well-being should always come first, which is why it is necessary to visit a doctor after a workplace injury. If you do not seek medical attention in a timely manner, you essentially have no proof that you were hurt. In addition, prompt medical treatment after an incident helps draw a connection between your work activity and your injuries that’s hard to dispute. Failing to keep records It is crucial to keep an accurate record of your workplace accident – where it occurred and the circumstances leading to your injuries. A detailed summary of the time you spent off work, and any other losses the workplace accident caused will go a long way toward affirming your case. These common mistakes may jeopardize your workers’ compensation claim, and it is necessary to be aware of the steps to take following a workplace accident. Above all, it’s crucial to protect your legal rights as a worker. The accident may set you back a little, but with adequate compensation, you can get your life back on track.

A bone broken in many places needs more expensive medical care

The force of a car crash could lead to many different kinds of severe injuries. If you compare it to a brain or spinal cord injury, a broken bone may not seem like a very serious medical issue. People can still work with broken bones and often recover fully with the right medical care. However, some fractures can cause lasting medical issues and could lead to tens of thousands of dollars in medical treatment. One of the scenarios when a broken bone from a car crash will lead to extensive financial losses and a longer recovery is when the bone breaks into multiple pieces. Also called a comminuted fracture, this kind of break requires a more careful approach to an insurance claim or personal injury lawsuit. Otherwise, someone could be left with massive uncovered expenses. You will need more medical intervention to heal When your bone breaks cleanly in one place, a doctor can diagnose it with an x-ray and may be able to set it manually. They will then immobilize the body part with a cast and potentially provide you with pain management resources. After the cast comes off, physical therapy may be necessary to regain your strength and the range of motion lost while your body heals the broken bone. Recovering from a comminuted fracture is much more difficult. There may be advanced imaging tests necessary to your diagnosis. You may require surgery for the doctor to set the bone. If there are small pieces of bone, you may require implanted pins or metal rods to reinforce the bone and stabilize it as it heals. You may require traction while in the hospital to ensure that you do not use the affected body part before your body recovers. The overall cost for a comminuted fracture is much higher than a simple, stable fracture. Although car insurance in North Carolina generally includes $30,000 or more in medical coverage, that may not be enough with a severe fracture. Your stay in the hospital and surgery could cost more than that, and you may have wages that you lose to add to your claim as well. Creating a realistic estimate of the costs you have incurred will help you seek appropriate compensation after a significant motor vehicle collision.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields