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Workplace burns: They can be prevented with good safety programs

Burns have the potential to damage your body so significantly that it can be nearly impossible to heal. Those who suffer from severe burns may be unable to sweat correctly, have no sensation due to nerves being destroyed and may need a lifetime of care. Fortunately, workplace burns are preventable. There are a number of different types of burns that could occur, but with the right preventative techniques, it’s possible to avoid burns completely. Electrical burns are some of the most common burns in the workplace. When a current travels through the body, it hits the tissues and meets resistance. At that point, the body suffers a burn from the buildup of heat. To help prevent these burns in the workplace, your employer should train each worker to use machinery and devices that have the potential to electrocute you. Additionally, high-voltage machines need to be marked clearly. Another kind of burn you could be exposed to is a chemical burn. Chemical burns happen when your skin or eyes come into contact with corrosive or caustic materials. Acids and alkaloids can both cause chemical burns to the skin. Even commonly used cleaning supplies have the potential to leave you with chemical burns. How can you prevent them? Make sure you and anyone else using caustic or corrosive materials wear the correct safety equipment and has training in how to perform tasks safely. If you suffer from a burn of any kind on the job, your attorney can help you make sure you get the workers’ compensation you deserve. This compensation is there to help support your medical care needs and to replace lost wages if you need to miss a significant amount of work. Source: OSHA Education Center, “Preventing Workplace Burns,” accessed May 18, 2017

Mesothelioma: A work injury that attacks years later

You might remember commercials on the television discussing the dangers of mesothelioma, or you may recall hearing about the risks of asbestos. Regardless of how you came to know about mesothelioma, it’s important to know why it’s such a big deal. Mesothelioma is a form of cancer that is aggressive and difficult to treat. It typically affects the heart, abdomen or lungs. People who develop this form of cancer have most commonly come into contact with asbestos, which they breathed in. There are around 3,000 new cases of mesothelioma reported each year. Most individuals who develop it have had previous exposure within the last 10 to 50 years. It takes time for this form of cancer to develop, so it’s common for the injuries to occur many years after the exposure. The tragic part of mesothelioma is that only 33 percent of patients live longer than a year after diagnosis. The average life expectancy after developing the cancer is between six and 12 months, even with surgery, chemotherapy or other treatments. If you’ve developed this kind of cancer, it’s important to discuss your case with your attorney. You and your family may be entitled to workers’ compensation or other forms of payment since this is a condition often linked to the workplace. If you were exposed to asbestos in the workplace, it doesn’t mean you’re going to develop this cancer, but it is a possibility. If you do, then you should fight for everything you’re entitled to, so you and your family can seek all the treatments possible without financial strain. Source: Mesothelioma and Asbestos Awareness Center, “Mesothelioma,” accessed May 11, 2017

Employers have a responsibility to keep you safe

Imagine working your entire life in an industry that has a high rate of injuries and deaths. Just as you’re approaching retirement, you get into an accident that causes you to suffer from permanent disabilities. Your life is forever changed with just workers’ compensation and Social Security Disability (SSD), among other benefits, to help you make up the difference in income. In 2015, there were 150 people killed on the job in North Carolina. Some were young and new on the job while others had served at their workplaces for decades. It’s never okay for a worker to fear heading to his or her job because of the potential for workplace accidents, but that’s the reality for many, even in North Carolina. The Occupational Safety and Health Administration (OSHA) has existed since 1970, and it requires companies to create safe working conditions. It also gives regulators the duty to act to protect workers when the companies don’t. When companies don’t protect their workers, it’s much more likely that a person will suffer injuries or die, like a 65-year-old man did in 2015. His workplace had a number of safety violations on record, yet he still passed away as a result of a hazard in the workplace. It is your employer’s obligation to keep you safe on the job. If you find that you are constantly in danger or exposed to hazards in your workplace, you can reach out to OSHA for help. Your attorney can help you file for workers’ compensation if you do suffer an injury and need to pursue compensation moving forward. Source: Jefferson Post, “Workplace fatalities in NC remain a woefully under-addressed scandal,” William Dworkin, May 01, 2017

Woman misclassified as independent contrator seeks benefits

Many people work as independent contractors, and in their cases, they often do not have a right to workers’ compensation when they’re hurt on the job. For independent contractors, the fact is that a personal injury claim may be the only option for getting compensated. Sometimes, people are misclassified as independent contractors, and that makes it more likely for them to go without the workers’ compensation they deserve. That’s what happened in this case. According to an April 19 news report, an exotic dancer who was injured on the job was identified as an independent contractor, but she was really an employee. The woman was injured during a nightclub shooting. The woman worked in clubs in Charlotte and in those in South Carolina in 2008. She was shot in South Carolina while working at Boom Boom Room Studio 54. She paid a tip-out fee and was allowed to perform after providing her age and identification. She hadn’t filled out an employee application and did not have an employment agreement. While performing, a gun was fired. The bullet struck her in the abdomen. She has extensive scarring and is unable to work as an exotic dancer. She also suffered injuries to her pancreas, kidney, uterus, intestines and liver. She applied for workers’ compensation temporary total disability and medical benefits because the nightclub did not have workers’ compensation insurance. She was denied, with the denial claiming she was an independent contractor. The South Carolina Supreme Court reversed that decision, stating that because the club could fire her and controlled and directed her work, she was an employee and should receive workers’ compensation. This ruling was south of the North Carolina border, but it could affect you, too. If you’re injured and denied compensation because of misclassification, your attorney can help. Source: Business Insurance, “Injured exotic dancer was employee, not independent contractor,” Kristen Beckman, April 19, 2017

What are some facts about North Carolina’s workers’ compensation?

When it comes to your health, you want to know that if you get hurt at work, it’s covered by your employer. North Carolina’s workers’ compensation laws help protect you by making sure employers have workers’ compensation insurance unless they are exempt. How long do you have to report an injury on the job? You have up to a month (30 days) to inform your employer that you’ve been hurt. In most cases, you should tell your employer about the injury as soon as possible. Your employer may already know that an accident took place if he or she was present at the time. It’s still important for you to write a statement about what occurred and when it occurred. How long do you have to file a claim for workers’ compensation? You have up to two years to file a claim. This helps individuals who don’t know the full extent of their injuries or who need additional time to make a claim have time to do so. Once you file a claim, how long do you need to wait for your benefits? Benefits kick in after a seven-day waiting period in North Carolina. If you’re unable to work for 21 days or longer, the benefits become retroactive back to the date of your injury. Your attorney can help you with your claim. If you have a claim that has been denied, it’s your right to file an appeal in an attempt to have your injury covered by your employer. Your attorney can help you make sure your appeal has all the necessary information. Source: FindLaw, “North Carolina Workers’ Compensation Laws,” accessed April 20, 2017

Companies: Using genetic information against employees is illegal

Genetics have changed many things about how we grow. You now can find out if you have debilitating diseases before they strike, and you can see if you’re predisposed to problems like cancer or other diseases or disorders. This is beneficial in a medical light, but should employers be able to see those results? Could you face discrimination based on your genetic predisposition for a disease? You could. That’s why a bill that has been presented is being questioned. The bill allows employers to offer a discount to employees who participate in a workplace wellness program, and that could save the worker and his or her family over $1,500 a year. That information might be helpful in a medical sense, but there is really no saying how a company will use that information going forward. It could mean paying more for the patient confidentiality people already have today. Right now, federal law bans companies from using genetic information during the hiring or firing processes. Additionally, genetics can’t be used to discriminate against employees. That’s not the problem. The problem is that the samples could eventually provide so much information that a business might be tempted to look and use that information, hurting employees in the process. There are few workplace wellness programs in place now, but moving forward, genetics could become more common. It’s illegal to discriminate against you due to your genetic test results. If that happens, you are in a position where you may be able to seek compensation from your employer for discrimination and for violating the law. Source: CBS News, “Should companies be allowed to demand your genetic test results?,” accessed April 10, 2017

What kind of hazards lead to amputations?

No one who goes to work should ever have to worry about an amputation due to a workplace accident, but they do occur. Amputations are debilitating and considered to be one of the most severe workplace injuries. They can occur in a number of fields due to a variety of causes. Most often, these injuries are caused by meat grinders, drill presses, grinders, sheers, conveyors and unguarded or poorly safeguarded mechanical equipment. Workers can be exposed to the risk of amputation when preparing a machine for maintenance, when clearing out jams or when cleaning machinery. Of course, many other risk factors exist as well. Machine components that are particularly dangerous move in ways that could sever the limbs of a human. For example, transversing parts move in a straight line and could pinch a worker between the moving part and a stationary end point. Rotating machinery could grab onto loose clothing and pull in a body part, pinching it, cutting it or otherwise injuring the worker. Cutting parts also pose a threat. These parts, including saws, drills and other pieces, can pierce through skin and bone. Employers can help prevent accidents like these by taking steps to make the workplace safer. Using machinery guards helps prevent clothing or body parts from being near dangerous parts of the machinery. Some devices help interrupt the functions of machines if they recognize human hands or parts that don’t belong where they’re sensed. Source: OSHA Fact Sheet, “What are the sources of amputations in the workplace?,” accessed April 07, 2017

Business faces fines after failing to report flash fire

Whenever a workplace accident takes place, it’s up to your employer to report it to the proper authorities. Not doing so is against the law, and it can end up leading to fines. Your employer needs to report the incident so that your workplace can be investigated and made safer if necessary. In this case, an employer failed to report an incident that occurred, or at least, that is what it looks like happened. North Carolina’s Occupational Safety and Health Administration (OSHA) has said it is investigating a restaurant in the South End following a fire that resulted in severe injuries to an employee. Investigators from the state reported that they didn’t even know the fire had occurred until the news reached out to them for a comment, which is unusual. Typically, businesses need to report injuries and incidents like this one after they occur. Federal law requires employers to report employee hospitalizations within 24 hours. The fire took place at Pike’s Soda Fountain due to a natural gas leak. That led to a flash fire when the kitchen was in use. An employee working in the kitchen was badly burned, and he spent over a week in the hospital. His family reported that he had recently been released. The news organization interviewing the family asked OSHA if it planned to investigate, but OSHA seemed not to know the incident had occurred. If the investigators find that the owner didn’t report the incident, then he could be fined $2,500 for failing to do so. Even if an employer doesn’t report the incident, you deserve workers’ compensation. If you’re hurt working, you are entitled to specific benefits as provided by law. Source: WSCOCTV, “OSHA investigates South End restaurant kitchen fire,” Liz Foster, March 20, 2017

1 killed in a fatal fall at North Carolina work site

Construction accidents impact people on the job, at home and around the site. Whether a worker fell or was electrocuted, that individual has suffered an injury that was likely preventable. Employers have a responsibility to keep their employees safe. Failing to do so can lead to official investigations, fines and penalties. On top of that, the worker who was injured is entitled to workers’ compensation, so he or she can focus on recovering while receiving medical and financial benefits. In this case, a construction worker was killed in a fall in Asheboro, according to a report from March 23. The news states that the Occupational Safety and Health Administration (OSHA) plans to investigate the incident. The federal safety agency reported that it will open an official investigation into the death of the worker who was employed by Wright Brothers Construction. It’s not yet known if any safety violations took place, but OSHA will look into all aspects of the case to determine if the company should be fined or face other penalties. It could take several months for OSHA to complete the complicated investigation. The incident that occurred involved a man from Burnsville. It was around 11:30 a.m. when he was disassembling a screed. It fell off the railing, which caused the worker to fall to the ground. This is the third case of the company having talks with OSHA. In two others, OSHA received a safety complaint and investigated another worker’s death after he was thrown from the back of a dump truck. Situations like this are avoidable. You deserve to file your workers’ compensation and receive the benefits it entitles you to when you’re hurt on the job. Source: WXII News, “OSHA to investigate after construction worker dies from fall in Asheboro,” DaVonte McKenith, March 23, 2017

Silicosis: The lung disease lurking at work

One lung disease you may have been exposed to if you work with sand or quartz is known as silicosis. This disease affects workers who have been exposed to silica dust in the workplace. Usually, it’s those who work in glass manufacturing, foundries or mining that have the highest rates of exposure to silica. There are three kinds of silicosis you could be faced with. These include chronic, accelerated and acute. There is unfortunately no cure for this disease once it has developed, but there are preventative measures that can be taken to prevent workers from developing it in the first place. How soon can silicosis form in the lungs? Acute silicosis occurs after a few weeks or years of exposure to silica. The silica, which must be inhaled, causes fatigue, weight loss and a cough. Comparatively, accelerated silicosis occurs after high-level exposure within around 10 years. Chronic silicosis, the third type, occurs 10 to 30 years after initial exposure and can lead to scarring in the lungs. Silica dust is dangerous because it causes fluid build up and scar tissue in the lungs. The small air sacs have their lining damaged. At that point, progressive massive fibrosis occurs. Severe scarring leads to a lung with a more rigid structure. This makes it hard to breathe, since the lung is no longer flexible. What should you do if you’re exposed to silica? Make sure you seek medical attention if you’re exposed to silica. It’s still present in many workplaces, but managing it with proper ventilation and safety equipment helps protect workers. If you develop silicosis, you can seek out workers’ compensation. Source: American Lung Association, “Learn About Silicosis,” accessed March 16, 2017

What are workers’ compensation benefits?

You’ve been working for several years in the same position. You suddenly realize that your repetitive motions each day have begun to cause pain and strain on your back. Now, you need to see a doctor. Fortunately, you should be covered by workers’ compensation. What are workers’ compensation benefits? When you get hurt and are an employee, you have the right to workers’ compensation or to get compensation through your employer’s private insurance coverage. Workers’ compensation itself is a state-mandated program. If you are hurt at work, you can receive workers’ compensation in most situations no matter why or how the accident occurred. Aren’t there limits to workers’ compensation claims? Sometimes, yes. For example, you could have workers’ compensation claims denied if it’s found that you intentionally caused an accident to injure yourself. Or, if you were purposefully violating the law or a workplace policy, that might make your claim null and void as well. You may also find that the state may require drug or alcohol testing after you suffer an injury. If your test results show you were under the influence of drugs or alcohol when you got hurt, you may be denied workers’ compensation. Your attorney can help if the test results are not accurate or if you have other concerns about the claim. What does workers’ compensation cover? Workers’ compensation covers incidental accidents, illnesses that are caused from exposure to hazards, chemicals or other issues in the workplace and other injuries. If you think you have a claim, you can file one with your employer. Your attorney can help if your claim is denied and you feel you’re entitled to compensation. Source: FindLaw, “Workers’ Comp Benefits Explained,” accessed March 08, 2017

What hazards are teens exposed to at work?

Teens want to get into the workforce for a number of reasons, and it’s important that they begin to understand the value of hard work. It’s also very important that parents and guardians discuss safety in the workplace with their teens, so they know what they should expect from their employers. Teens may be exposed to any number of hazards in the workplace, but an employer with safety set as a priority will not allow hazards to put others at risk. Proper training will be provided, and any unnecessary risks are eliminated as soon as possible. Aren’t younger workers at a higher risk of injury due to their inexperience? It’s true that young workers are inexperienced and at a higher risk of being injured on the job. Sometimes younger workers don’t want to ask for help or take on task that they aren’t prepared for to try to impress others. It’s vital that teens understand that they can ask for help and shouldn’t attempt to perform tasks they don’t understand or aren’t trained to complete. Doing something without training can lead to serious injuries. What hazards are teens exposed to? Young workers are exposed to electrical hazards, fire hazards and chemical hazards along with the risk for slipping, tripping and falling. Even in an office, there’s a risk of electrocution from outlets, exposure to chemicals from cleaning solutions and the risk of tripping on carpeting or slipping on slick floors. It’s the employer’s job to make sure they’re trained in safety procedures that help them avoid these hazards and gives them the tools to report hazards when they see them. If a teen is hurt on the job, then he or she is entitled to workers’ compensation like any other employee. If he or she is not able to make a claim due to the employer refusing, then an attorney could help resolve the situation. Source: Occupational Safety and Health Administration, “Young Worker Safety in Restaurants,” accessed March 03, 2017

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