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It’s not a secret that truck drivers tend to lead a sedentary lifestyle. They have to drive for many hours a day and are often sitting in the same position. Commercial drivers are at a higher risk of developing blood clots, which is why it is important for any driver who suffers from one to consider filing for workers’ compensation. Deep vein thrombosis (“DVT”) is the most common form, which occurs when a blood clot forms in a deep vein, like those in the lower legs or thighs. This kind of blood clot happens most commonly to those who remain in the same position for long periods of time, including people who have just had surgery and truck drivers who travel for hours in a sitting position. Commercial drivers who make long trips are most at risk. Why are drivers at a higher risk for deep vein thrombosis? The reason is simple. Muscle movement in the legs can provide an important assist in pushing blood in the veins back to the heart, so lack of it can cause the blood to move more slowly.  That is why patients after surgery are often fitted with inflatable cuffs on their lower legs, which periodically squeeze the calves, and instructed to “pump” their feet, when they are stuck in bed. When you sit for many hours, your blood flow slows down. The blood in the body tends to gather in the legs and ankles, which creates the conditions for blood clots. What are the symptoms of blood clots? Common symptoms may include: Red skin on the legs Unusual warmth Soreness Swelling If the blood clot breaks free and travels to other parts of the body, particularly the lungs, symptoms could include: Fainting spells Coughs Chest pain Trouble breathing Even death If you have any of these symptoms, it’s important to seek medical help right away. Then, you may want to discuss the condition with your medical provider to determine if it is work-related. If so, then you may be eligible for workers’ compensation, which covers your medical care and wage compensation while you recover from this illness.

If there is a time of day that can be more dangerous for pedestrians and drivers, it’s when the sun is setting low in the sky. At that angle, the sun can be blinding for drivers and pedestrians alike, making it harder for them to see what’s happening around them. This case is a terrible reminder of why reflections and sunlight can pose a threat to those on the roads. According to the news from Nov. 7, a woman, 27, was left in critical condition when she was hit by a 2012 Infinity sedan. The driver stayed at the scene, and they reportedly claimed that they could not see the woman in the roadway. The Winston-Salem police stated that they believed the driver was temporarily blinded by the position of the sun, which meant that they could not see the pedestrian crossing the road. Unfortunately, the pedestrian was left in critical condition and had to be rushed to Wake Forest Baptist Hospital to recover. Drivers can prepare against glare Drivers have a responsibility to be safe on the roads, and that includes being able to see clearly regardless of the position of the sun. It’s possible to prepare against glare by using polarized sunglasses, sun visors and even some well-placed tinting on the front windshield. Taking just a few steps to make it easier to see by adding these accessories could help prevent crashes like the one discussed above. Pedestrians who are walking while the sun is setting should be particularly cautious. Wait for a green WALK signal or clear roads before crossing, so drivers who may be struggling to see don’t end up putting you at risk.

Nobody likes to irritate their boss, to be sure — and it can be daunting to file a workers’ compensation claim when you know it makes your boss unhappy. However, when you’re injured at work, you have that right. If your employer retaliates against you for exercising your rights, it could cost them far more than your workers’ comp ever would. Take the case of a North Carolina construction worker who was recently awarded more than a million dollars after he was fired for stating his intention to file a workers’ comp claim and complaining to his bosses about his supervisor’s behavior. The worker, an assistant superintendent for a construction company, informed the company’s chief executive officer that his supervisor was frequently drunk on the job. He said that while intoxicated, the supervisor had waved a handgun around at some point on a job site. Eventually, the worker and his supervisor had words, and the supervisor threw several punches at the employee’s face. The worker was abruptly fired, which led to a lawsuit in which he claimed that he was retaliated against both for complaining about the safety issue his supervisor presented and because the company believed he was about to file for workers’ comp. The company claimed that he was fired for “insubordination.” The court found that there was plenty of evidence in the company’s internal communications showing that the employee’s version of events was accurate. It didn’t matter that he never actually filed a claim for workers’ comp. The mere fact that the company anticipated that he might make a “good-faith filing” was enough. Don’t let your employer intimidate you out of a worker’s comp claim. If you’re injured on the job for any reason, including the deliberate violence of another employee, you have every reason to pursue fair compensation.

Truck drivers in general have a bad reputation as far as road safety goes. However, most of these drivers practice caution behind the wheel. They also work extremely hard and are at risk for a variety of injuries. Like most other workers in and around Greensboro, North Carolina, they need financial relief when an injury affects their lives. The risk of suffering a work-related injury is an unfortunate fact for those who drive commercial vehicles for a living. Workers’ compensation helps all employees, including truckers, reduce the financial effects of an on-the-job injury. In other words, the program offers invaluable benefits to those harmed at work. Long ago, the government realized that the best way to address work injuries was to develop a system of recompense for employees. Therefore, most North Carolina employers are required to provide workers’ comp insurance. The system prevents workers from suing their employers while also giving the victim financial relief in the wake of an injury. Unfortunately, we have seen how the trucking industry can fail its employees, including drivers, when they suffer a work injury. For example, trucking companies are infamous for emphasizing “business as usual” regardless of the situation. This approach may intentionally or even unknowingly pressure workers into not pursuing workers’ compensation. Our attorneys understand how wrong this is and how unfair it is to drivers. As such, we enjoy helping injured truckers find an effective solution when they are harmed while working. Part of the way attorneys help is by guiding truckers through the process of filing a successful claim. We can also help when a valid claim results in a denial of benefits. Please, continue reviewing our web content to learn more about your rights as an injured truck driver.

In North Carolina, most truckers are covered by workers’ compensation insurance. However, in the event of an accident, some employers and insurance companies may try to claim the driver is an independent contractor or should claim against occupational accident insurance (OAI) instead. Do not be deceived by people’s attempts to avoid paying you. The North Carolina Industrial Commission (NCIC) makes the rules clear: An employer must hold workers’ compensation insurance to cover a truck driver working for them unless the trucker really is “independent.” One indication that a driver is not independent is that he or she does not have their own license to operate from the U.S. Department of Transportation (DOT).  Other factors that often come up are whether the driver is allowed to hire others to drive the truck, without approval of the company, and whether the driver is free to contract for loads with other companies.  Even the requirement that the driver purchase occupational accident insurance may indicate the kind of control that makes the driver an employee. It does not matter how many people the trucking company employs (unless there are fewer than three employees total). It does not matter if you signed on to work as an independent contractor or were working as a contractor or subcontractor. If you are really an employee, including if you do not hold a DOT operating license, you should claim against the workers’ compensation insurance of whoever does. When you sign a contract with a trucking firm, they may insist that you take out OAI. However, it is not a legal obligation in North Carolina. By contrast, workers’ compensation insurance is a legal obligation for truck companies. If you have been paying for OAI, you may wonder why you should not claim against that instead. The reason is that it provides much less coverage than worker’s compensation insurance and only covers specific injuries stated in the policy.  However, there is nothing wrong with using that coverage, especially when workers’ compensation is being denied. If you do have a truck crash, or otherwise are injured at work, seek legal help to submit your claim. If the company you were driving for says it is not obliged to cover you or does not hold insurance, you your lawyer may need to report them to the NCIC.

If injured at work in North Carolina, your employer’s workers’ compensation insurance will probably cover you. Unlike some states where this is entirely optional, almost all employers with three or more staff need to have it in North Carolina. The rare exceptions are specific agricultural, domestic or railroad workers, and those employed by the Federal government (who may be compensated under a separate system). However, it is possible to lose your chance to claim if you do not follow the rules. These are some errors to avoid: Failing to inform your employer: Notify your employer as soon as the accident happens. You must also notify them in writing within 30 days, though there are some important exceptions. It is better to do this as quickly as possible. Ignoring your injury: It is easy to dismiss a minor incident or injury, especially when under pressure to get a job done. Do not be tempted to brave it out. Not all injuries or symptoms are immediately apparent. For example, a blow to the head may feel like nothing but could be a traumatic brain injury with long-lasting effects. If you fail to get it examined at the time, you might lose your opportunity to claim. And again, report every accident, even if the injury does not seem severe at the time.  Back injuries, in particular, can worsen with time.  If you do not report an injury when it happens, because you do not want to “make waves,” you may find your claim denied later. Failing to follow your doctor’s advice: If medical professionals tells you to take a month off, do so. If they say you should only return to light duties and avoid particular tasks, do as they say. Failing to follow their advice could lead to aggravating your injuries. Then an insurance company may claim any aggravation was your fault, as you disobeyed the medical advice. It is easy to make mistakes when dealing with legal matters, such as completing a workers’ compensation claim. That is why you should get help from a legal professional.

There is a famous photo called “Lunch atop a skyscraper,” taken in 1932. It shows 11 men perched on a girder, 840 feet above the ground. They are happily eating lunch, completely unsecured while building the Rockefeller Center in New York. That photo would look very different today. The men would be wearing hard hats, hi-viz vests and harnesses. Working at height has always been necessary when working in construction. Staying safe while doing so is now considered essential. A third of all workplace fatalities in 2018 were due to falls from height, according to The Occupational Safety and Health Administration (OSHA). You do not need to be 840 feet up to die from a fall; less than 20% of fatal falls happen from above 30 feet, with 8% below 6 feet. OSHA’s fall prevention campaign provides a three-point plan for working at height: Plan: Employers need to assess the job beforehand and consider how best to do it safely, and what equipment will be required. Provide: The job should not go ahead until the appropriate safety equipment is there, even if that means a delay. Train: Sports enthusiasts often talk about people who have, “All the gear but no idea.” If workers do not know how to use the safety equipment and implement the safety procedures, they will be in danger. Practical training is essential to avoid accidents. If you have injured yourself in a workplace fall, you can claim through your employer’s workers’ compensation insurance. An experienced attorney can help you complete the application and receive the benefits to which you are entitled. If your accident was due to someone else’s negligence, you might be able to file a personal injury lawsuit.  And in very rare circumstances, employers can be sued outside of worker’s compensation, for more complete recoveries.  Those circumstance often involve violation of safety regulations, potentially including those related to working from heights.

A high percentage of road traffic collisions happen at intersections. When you consider that various vehicles are going in different directions, often at the same time, it is not surprising. That is part of why traffic lights exist: to control the flow of traffic at a junction and reduce the risk of accidents. Yet stop signals only work if people obey them. While you may not agree with all the traffic laws in North Carolina, you probably understand why failing to stop at a red light is illegal: It endangers lives. Yet some people continue to treat red lights as optional. According to the AAA Foundation for Traffic Safety, drivers who jump a red light represent 35% of those killed when someone goes through a stop signal. Pedestrians or cyclists account for 5% of the deaths. Here are a few tips to reduce the risk of being injured or killed when someone fails to stop: Allow a couple of seconds: Allow a few extra seconds when the lights change. It reduces the risk that someone who jumps the light or fails to slow down in time runs you over or crashes into you. Check it is clear before proceeding, do not assume it is because the light changes to green for you. Pay extra attention: Whether on four wheels, two wheels, or foot, you need to pay full attention at intersections. It is not the time to be distracted checking your phone, talking to your friend, or listening to a great song on your headphones. Reduce your speed: If a crash does happen, the more momentum you carry, the worse it will be. Slow down when approaching and leaving the lights. If you have been injured by someone who failed to stop at a red light, seek legal help to claim compensation for your injuries.

After a motor vehicle accident involving a truck, truckers are often held responsible whether you are truly at fault or not. As the operators of larger and more dangerous vehicles, laws hold you accountable for exercising more diligence than other drivers on the road. So, what can North Carolina truckers expect after a crash when it comes to workers’ compensation? According to the North Carolina Industrial Commission, trucking companies must carry insurance for workers’ compensation. In fact, this insurance often covers even drivers who are called independent contractors, not just employees. Know your rights An important first step to protecting a trucker’s workers’ comp claim is knowing the rights and privileges afforded by the state. This includes the limitations. Even if you are called an independent contractor, especially if you do not have an individual license from the U.S. Department of Transportation, you might become eligible for workers’ compensation. Understand OAI North Carolina states that it does not accept Occupational Accident Insurance as a proper substitute for workers’ compensation. It might, however, provide an excellent supplement as it pays out some limited benefits and covers very specific injuries truckers might encounter on the job. In most cases, however, if does not provide benefits that are as good as those provided by workers’ compensation.  If you have been injured, and your employer and insurance carrier are telling you that you are not eligible for workers’ compensation, because you are an “independent contractor,” you should call a qualified worker’s compensation lawyer, to make sure that that is true.  It usually is not. Handle emergencies During an emergency, the state recommends prioritizing health over benefits. It recommends that the trucker seek medical assistance, even if the employer does not carry insurance. The person might then need to report the lack of insurance and seek approval from the Commission. Note also that workers should report an accident to the employer as soon as possible and must file a claim within two years. Knowing what benefits apply to you might come down to your specific work relationship and several other details in your contract. If you have any questions about this, you should contact a qualified workers’ compensation lawyer.

Losing a limb or an extremity in an amputation is one of the most catastrophic accidents a person can suffer. We live in a world of heavy machinery, from the vehicles that we drive to the equipment at our jobs. Items that you take for granted as part of your life could eventually cause severe enough injury that doctors must amputate a limb or extremity. In some cases, an incident with a machine or a vehicle could amputate a limb or extremity at the scene of the incident. Regardless of whether the initial trauma removed your limb or doctors had to do so to pursue the best medical outcome in your case, an amputation related to a traumatic injury is going to have a major impact on your life. How do you begin to estimate the costs associated with the loss of a body part? Medical costs alone can reach hundreds of thousands of dollars The loss of an arm, leg, hand or foot can impact your life in a number of ways. However, perhaps the most immediate issue will be the need for medical care to address the trauma of the injury, the cost of a prosthesis or other medical device intended to help you regain independence after the injury, and the cost of hospitalization. Initial care is often more than $90,000 for lower-body amputations. Many people will have ongoing care in the form of medications, such as pain management drugs, as well as physical therapy and possibly psychological counseling due to the trauma such injuries often cause. According to an analysis of single, lower-extremity amputations, the average person can expect to spend more than half a million dollars in extra medical costs over the course of their life due to their amputation. Lost earning potential, changes to your house and other costs also add up Depending on the kind of work that you do and whether the injury has a direct impact on your ability to perform your job, an amputation could mean hundreds of thousands of dollars worth of lost wages for skilled or blue-collar workers. There will also be expenses involved in making your living space or vehicle more accommodating for your current condition, as well as costs for nursing care, in-home support or outsourced household services, like lawn maintenance. Depending on the circumstances that led to an amputation, there may be multiple options available to a victim, including workers’ compensation, lawsuits against third-party individuals and even car insurance claims. Getting advice about the incident that left you injured from an experienced attorney can help you make good decisions after an amputation injury.

You need not be an electrician to face substantial risk of electrocution when you work construction. In fact, the Occupational Safety and Health Administration ranks electrocutions as the second highest cause of construction fatalities in the U.S. It may surprise you to learn that only 50-100 milliamperes of electricity rampaging through your body can kill you. As a construction worker, most of the common electrical tools and equipment you use on a daily basis carry 15-20 amperes–over 100 times that amount. Electrocution causes Construct Connect explains that numerous opportunities exist for you to suffer an electrocution injury by coming into contact with one of the following: An improperly grounded electrical cord A frayed or damaged electrical cord A cord improperly connected to an extension cord A malfunctioning electrical tool An improperly maintained electrical tool In addition to live wires in the building being constructed Unfortunately, you also have many opportunities to come into contact with live overhead electrical wires when you work on tall ladders or scaffolding. Electrocution statistics The sobering statistics on construction site fatal electrocutions read as follows: They account for 61% of all construction deaths. 30% of them victimize male construction workers in the 35-44 age bracket. 25% of them victimize construction laborers. 19% of them victimize construction site electricians. Even when an electrocution accident “only” injures you instead of kills you, you can expect to sustain serious electrical burns, some of them possibly covering large portions of your body. These burns, in turn, will require a long stay in the hospital burn unit while you undergo painful debridement treatments to remove your dead skin cells so new ones can grow. In addition, you likely will have to undergo one or more skin grafts to reduce the amount of disfiguring scarring your skin will carry for the rest of your life. Electric shocks can also cause neurological and brain injuries.

When a driver acts negligently or recklessly, causes a car accident, and injures someone in the other vehicle, naturally, that person may be liable for the financial damages their victim suffers. But they might not be the only one who is responsible. In North Carolina, legal principles called vicarious liability and respondeat superior recognize that a negligent driver’s employer can also be liable for injuries caused by an employee, in the course of employment. As a victim of a negligent commercial truck driver or other employee of an employer, this could be a way to ensure that you receive full compensation for your medical bills, lost wages, damage to your vehicle, other expenses, and general damages for things like pain and suffering. How vicarious liability and respondeat superior help accident victims Vicarious liability refers to liability by someone other than the person who is actually performing the negligent act.   Respondeat superior (which is Latin for “let the master answer”) is a specific type of vicarious liability, under which employers can be liable for collisions or other acts of negligence caused by one of their employees, if the employee was in the course of their employment at the time.  Respondeat superior is separate from “negligent entrustment,” like negligence by the owner of a vehicle by entrusting their vehicle to a bad driver. For example, a trucking company can knowingly hire a driver with a poor driving record or no experience operating 18-wheelers, then give that driver one of the company’s trucks. Generally, trucking companies and other businesses that involve transportation are well insured against motor vehicle accident liability. If you or your loved ones suffered severe, disabling injuries in your crash, the employer will be more likely to have the resources to compensate you adequately than the individual driver. For this reason, however, companies are more likely to question the amount of compensation you are entitled to. Evening the playing field In litigation, these companies may have deep pockets for hiring attorneys to defend them. Fortunately, most personal injury lawyers in Greensboro who represent plaintiffs work on a contingency basis. They get paid a portion of any settlement or successful trial verdict, so there are no upfront fees to the client.