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You probably know about some of the biggest causes of heart disease, such as not getting enough exercise or having an unhealthy diet. While these things seem easy enough to change, there are other facts that can’t be changed as easily, or at all—such as hereditary issues. Additionally, new research shows that your job itself may contribute to the risk level. The results of the study can be unsettling. Those working in service positions, those with blue-collar occupations, and those who are unemployed have a high risk. In fact, 2.9 percent of people working in wholesale had strokes or heart attacks, making it the most dangerous industry in this regard. The second most dangerous industry is public administration, with 2.8 percent. Next came administrative, support, remediation and waste management, with 2.7. It was tied for that spot with transportation and warehousing. What was the safest industry? It is finance and insurance. Only 0.8 percent of the people in that industry suffered from heart disease, the lowest in the study. The next safest industry is information, with just 1.1 percent, and then education services, with 1.2 percent. Remember, since these are percentages, the differences in overall totals are accounted for. The fact that far more people have blue-collar jobs than work in high-end finance jobs doesn’t matter, for example, with risks based on percentages of overall workers. As this study shows, there is a direct correlation between where people work and the likelihood of heart disease and related issues. If you are suffering from a medical condition caused by your job, be sure you know your legal rights in North Carolina. Source: LiveScience, “Heart Disease Risk Revealed,” accessed Oct. 22, 2015

The recent severe flooding in North Carolina’s neighboring state has brought workplace safety in flood conditions into the spotlight. The information in this post is important to all kinds of state workers including those who work to clean up after a flood and those who are simply returning to their regular worksites, which may still be underwater. According the Occupational Safety and Health Administration, many hazards can be present in flood conditions. The first hazard OSHA talks about is driving during flood conditions. The administration cautions workers who must drive to be cautious in unknown road conditions, stating that almost half of flood-related deaths involve motor vehicles. Other flood hazards that could result in workplace accidents include the following. — Electrical hazards, which can increase in the presence of water. — Carbon monoxide hazards due to the use of diesel and gas powered pumps and other equipment. — Lifting hazards, which can occur as workers struggle to clean up the worksite. — Pest hazards from snakes, rodents, insects and stray animals include bites and disease from dead pests. — Drowning hazards that might occur in fast-moving water or stagnant water that might be deeper than workers perceive. — Fire hazards from damaged protection systems. — Hypothermia hazards, which can occur if laborers spend time in water that is colder than 75 degrees Fahrenheit. Many industries include flood preparedness and training in their workplace safety plans, but nothing can replace individual care and caution while working. Flooding can occur anywhere and at any time; ask your employer about including flood training and safety in your occupation’s safety plan. If you have been needlessly injured while working during flood conditions, you should know that the law is on your side. Consider speaking with a North Carolina attorney about your legal options if you cannot find satisfaction through your employer. Source: U.S. Department of Labor, “Flood Preparedness and Response,” accessed Oct. 13, 2015

Unpaid time off from any job quickly can cause financial difficulties for Guilford County workers. When loss of work time is due to an injury, significant medical expenses add to the burden. Benefits, paid through employer-paid workers’ compensation insurance, cover these losses for employees with occupational injuries or illnesses. Health care coverage applies to injury-related hospitalizations, surgeries, rehabilitation, prescription drugs, medical travel expenses and other medical costs. Medical benefits are paid as long as “reasonably necessary,” as determined by the state Industrial Commission in accordance with guidelines in the North Carolina Workers’ Compensation Act. In addition, benefits equivalent to a portion of lost wages are paid while injured employees are unable to work or work at full capacity. Workers’ compensation benefits are available when workers suffer temporary or permanent injuries that are partially or totally disabling. Some employees continue to receive wage benefits after returning to work, when injuries force workers to take lower paying positions or change employment. Total disability benefits equal two-thirds of an employee’s weekly wage, no higher than an annually-adjusted state cap. The maximum weekly rate for workers’ comp wage benefits in 2016 is $944, up $24 from the 2015 cap. Medical costs for workplace injuries may be covered indefinitely, in some cases, even for the remainder of an injured employee’s life. However, the state imposes limits upon how long and under what circumstances benefits for wage losses continue. Claim decisions are based upon the employee’s ability to earn wages, whether or not post-injury employment includes the position a worker held previously. An injury’s short- and long-term impact upon an employee’s earning capacity is the primary consideration in workers’ compensation wage claims. An attorney can explain the various categories of benefits available under the North Carolina Workers’ Compensation Act. Lawyers also help injured workers file claims, dispute denials and pursue all other available benefits and legal compensation. Source: North Carolina Bar Association, “Workers’ Compensation: What do do in case of an on-the-job injury,” accessed Oct. 08, 2015

According to studies, exposure to pesticides is a risk for farm worker safety. A collaboration among government agencies, including the Environmental Protection Agency and National Institutes of Health, is tracking 90,000 people in two states to determine long-term risks associated with pesticide exposure. One of those states is North Carolina. Reports also indicate that up to 3,000 worker injuries or illnesses reported annually are related to pesticide exposure. Those incidents occur in a variety of agricultural jobs, including farming, nursery and greenhouse work and forestry. The EPA reports that it is also concerned that reports are low because they don’t include dangers associated with long-term exposure to low amounts of pesticide. Workers are exposed to pesticides through a number of activities, including planting, picking and other field work. They might also mix and distribute pesticides. To better protect workers, the new standards require additional training for those who will use pesticides. They also require that people under 18 do not handle pesticides at all and that signage indicate when fields are being treated with pesticides that might be hazardous. While these new standards are a great step toward better safety for farm and agricultural workers, they won’t be able to reduce injuries and issues to zero percent. Accidents and errors do happen. If you or someone you know was injured or made ill by such an incident, then you might have a right to compensation under a workers’ compensation plan. Understanding when a workers’ compensation plan covers your losses is important, and so is knowing how to file for all available compensation. Working with someone who knows the system can help you avoid additional stress and delays in compensation. Source: Reuters, “U.S. strengthens rules to protect farm workers from pesticides,” Carey Gillam, Reuters, Sep. 28, 2015

Of all the members of the North Carolina workforce, those who work alone could be at a greater risk of injury. With no co-workers or supervisors to keep an eye on these lone workers, they often cannot get help should an accident occur. Additionally, those who work alone must tackle each portion of their duties alone, increasing the chance of injury. Those who work in solitary situations should understand that the same labor laws that cover other employees protect them as well. This means employers are obligated to provide workers with a safe work environment and coverage with workers’ compensation insurance. Even though an employee might work alone, employers should still take steps to make sure these workers are well-trained and as free from injury risk as possible. Employees who might work alone in North Carolina include utility employees, maintenance workers, agricultural workers, communications employees (e.g. Internet and cable TV installers) and many others.Safety and Health Magazine recently published several recommended procedures employers might use to reduce the risk of injury to love workers. They include: — Maintaining frequent communication with lone workers — Providing emergency response training — Creating an emergency action plan — Establishing what is and is not permitted when working alone — Making periodic supervisory visits to lone worker sites — Conducting risk and safety assessments Just like all other North Carolina employees, lone workers should feel safe and protected as they carry out their assignments. Should accident or injury occur, these workers have a right to be compensated either through employer-provided workers’ compensation or through a third party personal injury lawsuit, if applicable. Visit the website of Greensboro-based personal injury attorney to learn more about workplace safety in North Carolina.

If you’re injured while on the job, the first thing you may want to look into is workers’ compensation. This can be used both in the immediate aftermath of the injury — to pay for your instant medical costs, for example — and for some of the long-term costs that you may run into, such as the cost of rehab. At the same time, if the injury is so severe that you are disabled, you may be able to get payments from Social Security Disability Insurance, commonly known as DI or SSDI. On the grand scale, both of these programs are huge in terms of how much they pay out annually. The total paid out by workers’ compensation plans on the state level — for all 50 states, and not just North Carolina — is in the realm of $60 billion. Back in 2008, Social Security Disability Insurance also paid out a total of $95 billion. What is perhaps most important for you to understand about these programs is that they can be used at the same time. If you qualify for and accept workers’ compensation payments, that does not exclude you from eligibility for SSDI. You can apply for both and be granted multiple payments. Of course, each case is different, and there are many cases in which workers only qualify for one or the other, but you never want to assume that receiving one payment means it’s a waste of time to apply for the other. Make sure you fully understand all of your legal rights to compensation after the injury takes place. Source: U.S. Social Security Administration, “Workplace Injuries and the Take-Up of Social Security Disability Benefits,” Paul O’Leary, Leslie I. Boden, Seth A. Seabury, Al Ozonoff and Ethan Scherer, accessed Sep. 18, 2015

We often discuss many of the issues surrounding workers’ compensation in this blog — issues like types of injuries and the environmental situations that may lead up to an accident. Occasionally, we like to revisit the basics of workers’ compensation for any readers who may have no previous experience with workplace injuries. The first thing you should know if you have been injured in the workplace is that you may be legally entitled to receive workers’ compensation benefits. These benefits are there to cover any medical expenses related to your injuries and to replace some of the wages you may lose from missing work during your recovery. While workers’ comp laws prohibit you from suing your employer, it is possible to file a lawsuit against a third party that may have contributed to the accident that caused your injuries. Many workplace injuries cause employees to miss work for extended periods. In North Carolina, these severe types of injuries are often associated with manufacturing or construction. Workers’ compensation may cover the injured worker’s short-term needs but it can also cover ongoing disability payments in the right circumstances. Workers who become totally disabled due to an injury on the job can also receive long-term benefits through workers’ compensation. These benefits typically come with at least some limitations, which a workers’ compensation attorney can help victims understand and prepare for. One more important thing to know about North Carolina workers’ compensation is that the filing requirements are quite precise. As such, some workers’ compensation claims may be denied. However, injured workers should not abandon their attempts to receive benefits. Instead, they should consider consulting with an attorney about their case. You can get more information about the North Carolina workers’ compensation process by visiting the website of attorney Jay Gervasi.

North Carolina workers are often walking around on foot in areas where forklifts, rider trucks, pallet trucks and lift trucks are being used. Therefore, pedestrian safety policies need to be taught to workers who operate these vehicles, in addition to on-foot workers who may be performing their job duties in and around them. The problem is that pedestrian safety is often neglected in safety training programs. Furthermore, the U.S. Department of Labor’s Bureau of Labor Statistics reports that the most common lift truck-caused fatalities involved pedestrians getting hit. The second most common cause of fatal lift truck accidents happens when they flip over. In order to prevent lift truck accidents — in addition to teaching employees to be safer while using them and working around them — employers should clearly mark pathways where the lift trucks can be driven. They should keep these isles free of obstructions like carts and hand trucks. They should also identify slow-down areas, intersections, blind corners, dock areas and other dangerous areas — like low lighting areas — where accidents are likely to happen. Finally, employers need to make sure that only workers who have been trained in appropriate safety procedures be permitted to operate lift trucks. Work-related accidents can happen in an unlimited variety of ways in North Carolina. Fortunately, most workers who have been injured on the job will be able to collect workers’ compensation benefits to pay for medical care related to their injuries. Depending on the severity of injuries, and their resulting inability to work, injured workers may be able to receive wage replacement benefits as well. Source: National Safety Council, “Fact Sheet No. 1: Ensuring pedestrian safety around power industrial trucks.,” accessed Sep. 03, 2015

Musculoskeletal disorders occur in a variety of work settings. These disorders often affect nerves and tendons as well as muscles. Body areas that are subject to MSDs include the lower back, the upper extremities and the neck. Much of the focus on workplace injuries usually revolves around catastrophic traumas like amputations or head injuries but MSDs are responsible for a great many lost workdays. Naturally, this has a negative effect on the North Carolina workforce and can trickle down to affect the growth of the state’s many industries as well. Those who have already suffered MSDs in the workplace can usually count on workers’ compensation to help them get through the healing process, which often means missing work. Alternatively, a workers’ comp attorney can also help victims of MSDs find additional resources to ease them through the rough patches. However, for those who remain uninjured despite the risks of MSDs, prevention is the best medicine. According to the Occupational Safety and Health Administration employers can reduce the risk of musculoskeletal injuries or disorders by putting an ergonomics process in place. Developed to protect workers, an ergonomics plan typically incorporates strong management support with vigorous employee training. Other elements of an effective prevention plan can include: — Putting solutions for hazard control in place– Ongoing evaluation of the ergonomics system’s progress– Encouraging employees to report signs of MSD– Assessing and identifying problem areas– Involving employees in assessing problems in the work environment By working to eliminate factors that cause MSDs, employers have a more effective workforce at their disposal and employees benefit by not missing work hours. This creates a harmonious and productive environment with fewer workers’ compensation claims and minimal attorney intervention — a winning solution for all involved. Source: Occupational Safety and Health Administration, “Prevention of Musculoskeletal Disorders in the Workplace,” accessed Aug. 25, 2015

Workplace safety issues can arise in all kinds of industries, even those the public depends on to prepare sources of food. It seems that a major chicken processing company is one of the latest food processing facilities to feel the power and wrath of the Occupational Safety and Health Administration. Case Farms Processing Inc. is currently facing $861,500 in penalties for workplace safety violations. The processor has also been put on OSHA’s “Severe Violator Enforcement Program,” which might prove to be worse than the fine as the company absorbs a major hit to its reputation. OSHA’s announcement about Case Farms was made on Aug. 13, when the administration stated it had cited the processor for the following: — Two willful safety violations– Twenty repeat safety violations– Thirty serious safety violations– Three “other-than-serious” safety violations The announcement by OSHA said that Case Farms knew about amputation hazards, fall dangers and electrocution hazards within its facility. However, the company allegedly continued exposing its workforce to these potentially fatal and serious hazards. An OSHA employee called the chicken processing company an “outrageously dangerous place to work” and said that the company received over 350 health and safety violation citations during the past 25 years. Case Farms operates a facility in North Carolina, which has received many of these citations. The report indicates that OSHA began stepping up its inspections after workers suffered injuries and/or complained about the facility. Employers are supposed to pay an honest wage for honest work, but that is not the end of their responsibility. They must also provide their workforce with a safe environment in which to perform. If you have been injured in your job with Case Farms or any other employer, seek a workers’ compensation attorney to talk about getting the benefits you are due. Source: Occupational Health & Safety, “‘Outrageously Dangerous’ Ohio Chicken Processor Cited,” Aug. 14, 2015

The Occupational Safety and Health Administration first started working to limit the amount of exposure that workers can have to beryllium in 1974. Not much has happened in the ensuing 40 years. However, OSHA is finally going to propose a new limit that would drastically reduce the amount of the mineral that workers can be around. Beryllium is a metal that is often used in industrial settings. The new proposal would cut the exposure allowances down to about 10 percent of what they are right now. The reason for the proposal is chronic beryllium disease. This is a lung disease that has been fatal in some cases. Of course, not all cases are deadly, but there is always the chance, and there are around 245 reported new cases every year. Beryllium is used in some form — often as part of an alloy –by those making electronics, airplane parts, nuclear weapons and dental implants, just to name a few. It is a very light metal that still has great strength. Therefore, it is quite valuable in these capacities. So, if OSHA has been trying to do this for 40 years, why is it just happening now? The reasons cited by the agency include resistance from the industry sector, debates over the technical aspects of the policy and stalling on the part of politicians. Those who suffer from occupational illnesses in North Carolina should know that they may have a right to compensation. This is particularly true in situations where lung disease and other chronic ailments could impact the rest of their lives. Source: The New York Times, “OSHA to Propose Beryllium Limit in the Works Since 1975,” Barry Meier, Aug. 05, 2015

Citizens all over the country are switching from traditional forms of employment to careers as independent contractors. The advantages to making this switch are numerous and include setting your own hours, choosing where you will work and setting your own fees. Despite the many attractive benefits of becoming an independent contractor, one major issue often remains unaddressed: What happens when workers are injured on the job and does workers’ compensation cover these injuries? The answer is not simple and is dependent on several factors. If you are an independent contractor working in North Carolina, you should know that those who employ you are not automatically free from providing you with workers ‘ compensation. Should a work-related injury occur, the state’s courts will examine the facts related to the incident to determine whether you will be considered an employee and therefore eligible for workers’ compensation benefits. State courts and the North Carolina Industrial Commission will consider several key points before making the decision such as the “degree of control exercised by the employer over the details of the work.” While the commission and the North Carolina court in charge of the case will make these decisions based on fact, it is a great idea to work with an attorney throughout the process. This gives you a certain degree of protection you might not have on your own while keeping you informed through each phase of your case. Just because you are an independent contractor, it does not mean you must be solely responsible for injuries you may receive during the course of your work. You can learn more about how the workers’ compensation system benefits independent contractors by exploring the website of Jay Gervasi, attorney at law for North Carolina workers.