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A crush injury at work can be caused by faulty machinery or operator error. It may be important to know which one because if it’s faulty machinery there may be a third-party tort claim against the machine’s manufacturer for compensation over and above workers’ compensation. In the reported case, which occurred in a state other than North Carolina, what’s clear at this time is that workers’ compensation benefits are payable to the family of a deceased worker killed in a workplace accident. The accident occurred at a pulp and paper company on July 23 while the 48-year-old male worker was using a Bobcat skid-steer vehicle to unload a pulp dryer. He was apparently caught by a moving piece of the dryer and crushed by the equipment, according to investigators. A spokesman for the county coroner in Franklin, Ohio verified that the accident was work-related. He indicated that the man suffered devastating work-related injuries, with the cause of death being blunt force trauma. The fatal accident at Cheney Pulp and Paper Company in Franklin has raised investigative interest in the company. OSHA investigators reportedly found nearly 30 workplace violations in a 2010 inspection. OSHA’s Cincinnati Area Director confirmed that was a ‘rather large number’ of violations. Eighteen of those were labeled ‘serious’ and one was labeled ‘willful.’ The resolution of those prior violations could not be determined. The OSHA investigation may take two to three months because the Cincinnati office handles a 20 county area. He said it’s too early to tell whether this accident was caused by operator error or faulty machinery. Regardless of cause, the man’s immediate family is entitled to collect workers’ compensation benefits due to on-the-job injuries resulting in death. Whether a work-related accident like this occurs in North Carolina or another state, workers’ compensation benefits are payable. For a death case, the payments include funeral benefits, medical expenses and a percentage of average weekly wage benefits, payable usually on a bi-weekly basis. Source: daytondailynews.com, “OSHA violations found at Franklin paper plant,” Clint Davis, July 25, 2013

Construction workers should be especially careful while working. Construction sites are usually filled with heavy machinery and large vehicles which could cause injury. Therefore these sites have a higher chance of workers experiencing injuries in North Carolina and other states. One man recently found this out the hard way when he was killed while employed at a construction site. The incident happened in mid-July at approximately 9 a.m. near an exit off the I-270 freeway. A dump truck which was backing up ended up colliding into a 57-year-old construction worker employed at the site. The man who was working behind a concrete barrier died as a result of his injuries. He had been an employee of the state department of transportation for 30 years. The authorities are still investigating the incident in order to determine what factors may have contributed to the cause of the accident. However, no results from these investigations have been revealed to the public. Reports have indicated that the truck was filled with concrete when it fatally struck the construction worker as it was backing up. The director of the department of transportation has expressed his remorse and vows to stand by the construction company in order to help deal with the tragic accident. Although the director’s statements may have been well-meaning, it does not bring back the lost life. However, those who have lost loved ones to work accidents on construction sites may have the opportunity to obtain death benefits via workers’ compensation in North Carolina. These important insurance benefits typically cover final expenses, including funeral costs, as well as a lost income package for dependents of the deceased worker. Source: Times Reporter, “Dennison man killed in I-270 construction accident,” July 18, 2013

There is a basic set of conditions that must be met to ensure the safety and health of employees — no matter the industry. In North Carolina, summers can get blistering hot, so many indoor work environments may need to be equipped with an air conditioner to prevent workers from falling ill due to heat-related conditions. Employees at one McDonald’s location are protesting the conditions they’ve been subjected to as a result of a failing air conditioner. The workers were inspired to walk off the job after one of their co-workers collapsed and was hospitalized for a workplace illness precipitated by the searing conditions. In fact, employees indicate that the air conditioning fails every summer. Although this particular incident took place in another state, the McDonald’s employees dealt with a problem that may be familiar to many people in Guildford County. In the event a heat-related illness contracted on the job, workers’ compensation benefits may be provided to help support the employee while he or she recovers and transitions back to work. Knowing that the air-conditioning system at this particular McDonald’s has crashed several times, it seems as though restaurant management should have been able to predict what would happen again this summer. The Occupational Safety and Health Administration is responsible for enforcing basic workplace safety standards. If an investigation is conducted at a particular workplace and the agency uncovers safety violations, the employer can be fined for failing to maintain a safe work environment. Unfortunately, this enforcement mechanism isn’t always enough to get employers to play by the rules, which is when accidents and illnesses can strike. Source: New York Daily News, “McDonald’s workers strike after air-conditioner fails, colleague hospitalized,” Nicholle Buckley and Larry McShane, July 19, 2013

As summer continues to reign over the country, it is important for workers everywhere to understand the risks of working out in extreme heat. A heat-related illness can occur very quickly, and if a person does not recognize the signs of becoming overheated, the results can be fatal. It is important for employers to ensure that their workers are taking necessary precautions in order to stay healthy and hydrated while working in high temperatures. If employers become lax in their precautions, they could be faced with paying workers’ compensation benefits. Luckily for North Carolina residents, employees who work outdoors can take precautions to help better prevent heat-related injuries. By wearing proper attire, such as light-colored clothing that is breathable, workers can reduce the risk of becoming overheated. They should also gradually acclimate themselves to changing temperatures should they be required to venture indoors after working outside in the heat or vice versa. Frequent application of a sunscreen and drinking plenty of water can also lower risks of sunburn, skin cancer and dehydration. Employers also need to do their part to protect their workers from potentially dangerous conditions. They should provide proper training on how workers can protect themselves and make sure workers are following proper protocols. Employers should also be aware of cool-down methods should a worker become overheated and other first aid to administer to someone showing signs of a heat-related illness. Proper protocols and procedures should be taken to help reduce the risk of any work-related injury. However, sometimes employers can fail to provide enough training or take adequate measures, such as providing shade or drinking water, and employees can become ill or even suffer fatal injuries. Should such an incident occur, an employee may be entitled to worker’s compensation benefits, and they may find information on North Carolina workers’ compensation laws beneficial in order to better understand their options. Source: Aberdeen News, “Beat the heat,” July 19, 2013

A school district in North Carolina has said that it’s time for some asbestos abatement. According to reports, of the 91 buildings in the school district, 30 of the schools and 11 of the administration buildings are going to need the work done. The school district denies that any teachers, staff or students have suffered exposure to toxic materials. According to the school district, routine asbestos testing revealed the problem.  Most of the asbestos is located in floor tiles that were used in certain areas of the buildings identified.  The tiles were put in back before the 1979 federal regulation against the use of materials containing asbestos went into effect.  Yet, at the same time, a spokesperson for the school district has said that there is no way to get all of the asbestos out of the buildings without completely rebuilding the affected structures. A contractor that specializes in the removal of asbestos has been brought in to take care of the issue.  The contractor has said that the “friable” asbestos, which is easily released into the air, has all been removed. Even so, there are still some concerns about lingering dust particles that could make anyone in the schools sick. The North Carolina school district has said that the air quality will be continuously tested throughout the removal process. In addition, all state requirements are being strictly adhered to in order to ensure that there is no risk of exposure to toxic materials when school begins again this fall. Hopefully, that will be enough.  The lingering effects of exposure to asbestos may not be realized for some time. Source: digtriad.com, “School District Flags 30 Schools for Asbestos Removal,” Faith Abubey, July 10, 2013

SPX Transformer Solutions, Inc. will be conducting its annual safety training in North Carolina this year. One of the things they will be focusing on is training for confined spaces in order to limit work-related injuries for both workers and rescuers. This type of training is crucial since accidents in confined spaces often lead to several people being injured. Part of the danger is from rescue workers who end up in the same predicament from which they are trying to rescue the first victim. Workers and rescuers alike need to be trained how to safely enter the space, knowing whether the air in the space is safe to breathe, checking over victims, exit strategy and what equipment will be needed to safely perform the rescue. The Occupational Safety and Health Administration mandates this training be done, and it must be done correctly. In order to ensure that the training meets or even exceeds OSHA standards, a mock up of the inside of a transformer was built in order to give participants training that is as close to real world as possible. Participants will have to deal with scenarios in training that could actually happen while out on the job. This hands-on training will be in addition to the normal classroom training. Many North Carolina businesses take the safety of their workers as seriously as SPX does. Preventing work-related injuries in industries where harm can come to employees every day they are at work is the responsibility of not only the company, but the employees as well. Not only do employees need to be trained on the safety procedures for their jobs, but rescuers also need to know what they will be getting themselves into in order to avoid further injury to the victim or the rescuers. Source: Richmond County Daily Journal, “RCC Partners with Emergency Services Company on safety training,” July 11, 2013

Cirque du Soleil is internationally renowned for producing spell-binding shows. However, the performing troupe is currently receiving headlines for something much more serious. In June, a stage performer fell 50 feet to her death during a show. While Cirque du Soleil is performing in North Carolina this month, there is particular attention being paid to workplace safety measures being taken for the performers. The Occupational Safety and Health Administration launched an investigation immediately after the fatal accident. As reports indicate that performers are still in shock over the work-related death, they are likely eagerly awaiting the results of the investigation so they can understand what went wrong. Over Cirque du Soleil’s history, there have been accidents, but none have been fatal until recently. As they make preparations for upcoming shows, they are spending hours checking and double-checking equipment. Even if it’s determined that Cirque du Soleil did everything possible in terms of safety, the late performer’s survivors may still be entitled to workers’ compensation benefits. This can help them through the difficult days and weeks ahead. On the other hand, the OSHA inquiry could uncover some sort of negligence that contributed to the accident. In major stage productions, a variety of services might be contracted out to third parties. If it’s determined that another company’s lack of caution or care contributed to the workplace accident, then the woman’s survivors may be able to pursue a third-party claim. As the performers spend time in North Carolina, the hope is that they continue to dazzle audiences, rather than having to worry about their own safety. Source: WRAL News, “Cirque du Soleil safety precautions take center stage,” Leyla Santiago, July 10, 2013

Some North Carolina residents work jobs that are considered to be innately dangerous. Some jobs, on the other hand, are considered relatively safe. However, it is a sad reality that almost any job, in any city, can result in injury or death — dependent upon certain circumstances. When workplace injuries occur, victims may become eligible for workers’ compensation benefits. Recently, an employee for John Deere passed away from injuries sustained in a forklift accident. The 54-year-old supervisor passed away at the hospital where he was undergoing treatment after being struck by a forklift. The man was working third shift at the time of the accident. The work related injury took place at the Service Parts Operation in Waterloo. Many of the details of the accident remain unreported, but a spokesperson for John Deere said that the company’s primary concern is the employee and his loved ones. A representative for the company remained with the family at the hospital continuously after the accident. It is safe to presume both the organization and his family are feeling the pain of a devastating loss. Because this accident took place on the job, the victim’s family will likely be eligible to file a claim for workers’ compensation benefits. In the event of an employee’s death, his or her family may be able to seek compensation and use the money to recoup losses associated with funeral expenses and the absence of family income. Unfortunately, workers’ compensation claims can be complicated, and it is often necessary for families to seek assistance through the process. This is especially true for those who may be suffering great emotional trauma following the loss of a loved one. Anyone in North Carolina who may face difficulty in the process of filing a workers’ compensation claim may find it beneficial to seek support. Source: wcfcourier.com, “UPDATE: Deere worker hurt in forklift accident has died,” July 1, 2013

Farming is a vital part of American life. Anything that can be done to help reduce the reports of another injured worker would benefit the farming business in all states, including North Carolina. Many states are working with OSHA to prevent farming accidents, especially in the grain industry. The grain related industry seems to have a history of   high number of worker deaths and injuries. The nature of the job itself is dangerous, with any number of potential accidents waiting to happen in a moment. OHSA is trying to combat these tragedies by putting in place an inspection program that will ensure worker safety. The expectation of doing these inspections is that the grain industry operators will be more likely to have all of the proscribed safety measures in place. States that have taken part in the OSHA  program have seen a dramatic drop in injured worker incidences. The half dozen major causes of death and serious injury  that are inherent in this job can be almost eliminated if employers implement the proper safety mandates according to OSHA. OSHA is to be commended for its commitment to ensuring worker safety. Most industries have safety measures that are meant to protect against having an employee become an injured worker, or worse a workplace fatality. However accidents will continue to happen regardless of safety measures. Any worker of any industry in North Carolina that has become a victim of a workplace accident is typically eligible for workers’ compensation benefits. Any employee that is hurt on the job  and feels they need assistance obtaining benefits can seek help from skilled professionals that are knowledgeable concerning this crucial state-regulated insurance program. Source: echopress.com, “Grain industry hazards lead to deaths, injuries each year,” June 30, 2013

Any worker that has become seriously ill or injured on the job has hopefully experienced workers’ compensation benefits in action. Not having to worry too much about medical expenses or pay while temporarily off a job can certainly help put an employee’s mind at ease. However, one recent study has analyzed numerous states, including North Carolina, and determined that workers’ compensation benefits often paid much more for medical procedures than what is actually necessary. The study examined simple shoulder and knee operations and found that the prices paid for these procedures varied wildly depending on whether or not they were paid through a sponsored health plan or workers’ compensation. Over 15 states were analyzed, and researchers found that workers’ compensation consistently paid much more than programs sponsored by an employer. One researcher noted that this information severely hinders the states with higher costs. Employers pay for workers’ compensation to cover employees that may get hurt or sick while working. In turn, an employer’s own pay is determined by the number of employees he has and amount of injuries they happen to sustain. The study noted, though, that only some health care providers are regulated by the state. This means that states that do not regulate health care providers often have significantly higher workers’ compensation costs as a result. In essence, a state that has higher prices for workers’ compensation benefits means that there will likely be fewer jobs in that state since fewer workers can be covered. Employees may benefit from learning about the regulations in North Carolina so that they can better prepare themselves in the event of a severe accident or illness. Source: South Bend Tribune, “Study: Procedures often cost more under workers’ comp,” Richard Newman, July 1, 2013

The Occupational Safety and Health Administration is the agency that is typically called upon when construction site accidents happen. Accidents can occur during the construction of buildings, houses or even barns. An accident occurred recently at Texas A&M’s equine barn, and due to the amount of farms in North Carolina, this accident could affect the citizens of this state as well. Five workers were injured, and as with other serious constructions site accidents, authorities will work to piece together what happened and determine what steps can be taken to avoid similar incidents in the future. The 300-foot-long barn collapsed due to causes which are currently being looked into. As the building collapsed, the workers were attempting to work on beams in a lift which was 40 feet off the ground. All five workers had to be taken to area hospitals. Four are said to currently be in stable condition. First responders at the scene not only had to ensure that the workers received immediate medical attention, but also they had to secure the site as well as contact the proper governmental authorities. Work is not to be resumed on the barn until the investigation is over. The barn is expected to be an important addition to the university. The farming community in North Carolina should be aware of this accident because it could have occurred anywhere. Safety measures should be taken in order to avoid further construction site accidents of this caliber. The employees injured might be entitled to personal injury lawsuits as well as workers’ compensation claims to help support them financially as they recover from their work related injuries. Source: thebatt.com, “OSHA investigates construction accident,” Jessica Smarr, June 24, 2013

One issue that often arises is whether a worker’s injury was work-related or arose out of the employment. The general principle in North Carolina and elsewhere is that the injury must arise out of and in the course of employment in order to be entitled to workers’ compensation benefits. The reported case is from a nearby state but its legal principles would apply in North Carolina as well. A 65-year-old cashier for Giant Food LLC had stopped bagging groceries to go on her break. While heading for the store’s bathroom, her purse caught on a hook hanging from a merchandise shelf, causing her to fall. At the hospital, she had knee, arm and shoulder pain. The hospital said that her knee was not fractured or dislocated but she had a fractured left arm. She eventually returned to work but continued to have problems, including ongoing knee pain. She filed a petition, which began the process of obtaining ongoing workers compensation benefits. An orthopedic specialist concluded that her kneecap had been fractured and that surgery was necessary for both the shoulder and the kneecap. He certified her disabled and unable to work. He affirmed her sustaining a serious work injury. The employer challenged benefits on the basis that she was not injured while on the job. The Workers’ Compensation Commission of Virginia ruled that the injury arose out of the employment, because the employment placed her in the position of having a fall at her workplace. Furthermore, it was a workplace hazard, i.e., the shelf hook that triggered the accident. She was entitled to workers’ compensation benefits for the injuries, all of which were work-related. The employer appealed to the Court of Appeals of Virginia, which affirmed her entitlement to workers’ compensation benefits. The court explained that the hook on the merchandise shelf was a hazard associated with the workplace and that her injury arose out of and in the course of her employment. The same result should apply in North Carolina. Courts will generally define broadly the concept of ‘arising out of employment’. Workers’ compensation benefits will usually be awarded if an accident occurs at the workplace during a break. Source: hr.blr.com, “Virginia workers’ comp: Store employee injured during break seeks benefits,” June 25, 2013