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Most are probably aware that under many circumstances injuries suffered while working are eligible for workers’ compensation benefits. But what if the part of the body injured in a work place incident suffered damage in a previous incident outside of the workplace? Recently the North Carolina Court of Appeals addressed this very issue. It determined that in certain situations, the aggravation of a preexisting injury did not necessarily preclude the receipt of workers’ compensation benefits. The claim was sought by a woman who works in a grocery store. One day, while walking in her backyard she reportedly stepped in a hole which resulted in her twisting her left ankle. Approximately a week later she caught her left foot on something in a walk-in cooler which caused her to fall on her other leg, inflicting injuries. In addition to tearing her meniscus, she also reportedly suffered a bruised bone. Those injuries prompted the woman to seek workers’ compensation benefits which her employer, the grocery store, denied. In its denial the store alleged that the injuries were actually due to the fall she had taken at home a week prior to the work incident. When a claim for workers’ compensation benefits is initially denied, such as in this case, it is possible for a worker to appeal that decision. This is what the woman in this case did, causing it to end up at the North Carolina Court of Appeals. The court found in favor of the woman and determined that the work accident left her entitled to: Temporary partial disability payments Medical compensation Average weekly wage compensation In reaching that conclusion the court looked to several things. The first was information provided by the injured worker. In addition to saying the fall at home did not cause the injuries she suffered to her right leg, she also reportedly did not need to seek medical  assistance. In addition, a doctor determined that even if the worker had a preexisting condition, the workplace accident aggravated it. Source: Risk and Insurance, “Worker connects injuries with fall at work rather than incident at home,” May 6, 2013

There are many situations in which a worker may suffer an injury related to his or her work In North Carolina. While serious injuries often occur after a catastrophic accident, each day workers who routinely engage in the same activity over-and-over could be working themselves toward more than just a paycheck. They may be putting themselves at risk for carpal tunnel as well. Carpal tunnel often makes its presence known when a worker experiences issues with getting a grip on an object or being able to pinch. Weakness or numbness in a worker’s hands could also be an indication that the worker has carpal tunnel. These issues are due to injuries suffered to a worker’s nerves in his or her wrists or hands. Some of the individuals most at risk for this injury are those who perform the same motion repeatedly such as in a factory setting. It also can affect otherwise sedentary workers who spend a lot of time working with computers, typing and maneuvering a mouse. The best ways for workers in an office setting to stave off carpal tunnel is to pay attention to the position of his or her body. In addition to sitting up straight and keeping one’s gaze forward, reducing compression on one’s wrists by keeping them in a neutral position is also a good idea. Placing one’s feet flat on the floor and positioning elbows close to the body also helps to keep the condition at bay. As is the case in other injuries suffered by workers in a workplace setting, workers in all types of workplaces who find themselves dealing with carpal tunnel may be eligible for workers’ compensation benefits. Such a situation could arise should the syndrome become so serious that it makes it impossible to work for a while. Source: Journal Courier, “10 ways to avoid carpal tunnel syndrome,” MaryJane Slaby, April 22, 2013

Imagine that you are working, as you do every day. All of a sudden, something goes wrong. One moment you are just doing your job, and all of a sudden, you are struck by scaffolding. This sounds a bit dramatic, but it happened to a construction worker in another state. The construction worker is slowly recovering after a workplace accident on the job, which injured him. The man, a carpenter for a company, was in a 20-foot ditch one morning when a piece of scaffolding struck the man. The handrail piece had broken free. Luckily, no one else was injured in the accident, and the construction could continue on. Nevertheless, the construction worker had to be pulled out of the ditch. A spokesperson from the facility noted that the injured worker appeared to be doing well. Sometimes, stuff happens. We cannot control it. This is especially true on worksites. Things fall and break apart all of the time. When such incidents occur, people often are injured. Fortunately, many states provide workers’ compensation, which is a recovery program that provides benefits (without proving negligence) to workers who are injured on the job. The benefits help pay for medical expenses associated with the workplace injuries. If you have been injured on the job, you deserve compensation. As you take the time to recover, you will need financial support. To learn more about your state’s program, you can speak to a local personal injury attorney in your area. A lawyer can help you learn about your rights and responsibilities. Source: Cincinnati.com, “Construction worker recovering after accident at Children’s,” Jennifer Edwards Baker, April 25, 2013

Many residents in the state of North Carolina may have taken pride in the news that in 2012, only 35 individuals died while working. Though this is the number reported by the North Carolina Department of Labor regarding injured workers who died, the National Council on Occupational Safety and Health apparently does not find it to be accurate. It recently released a report that while acknowledging the number of deaths related to workplace incidents is down, indicated they were still close to three times as many as the report released by the N.C. Department of Labor. Workplace incidents that result in the death of a worker can take many forms. There can be accidents at the location from which the business is run such as offices or factories. In other instances, construction workers are involved in accidents at construction sites. There are other scenarios in which a death can occur as well. Unfortunately many work related deaths involve motor vehicle accidents or violence in the workplace. The failure of the N.C. Department of Labor to include these deaths is reportedly what resulted in the lower numbers. The North Carolina report also failed to include deaths that involved those who employed themselves. While as mentioned above even when accounting for the additional deaths the number overall in the state of North Carolina has decreased, according to the report from the National Council on Occupational Safety and Health, it could be lower. This could possibly be reached through harsher action on the part of the group that oversees workplace safety in North Carolina–N.C. OSHA. The U.S Labor Department conducted an audit in 2010 that among other things discovered the state did not handle workplace complaints or prescribe large enough fines to employers deemed to be in violation of safety standards. Source: Charlotte Observer, “NC job deaths undercounted, study finds,” Ames Alexander, April 30, 2013

It’s no secret that construction sites can be dangerous places. When a worker is hurt at a construction site in the triad area the injuries can be serious, leading to lifelong issues and the inability to work. When a worker is injured in such a setting, he or she may be able to obtain workers’ compensation benefits. In addition, in some situations the worker may also be able to file a civil personal injury lawsuit against those whose negligence may have contributed to the incident occurring. A construction worker from another state recently filed a personal injury lawsuit after he was injured in a construction site accident. The man was reportedly hurt several years ago when he fell approximately 25 feet from a manlift. A failure of certain components of the manlift was to blame of the fall. As a result of the incident he man broke his femur and struck his head. Following the incident the man was unconscious for a time and had to undergo surgery on his leg. The man sued several entities alleging, among other things, that proper maintenance inspections were not being completed at the appropriate times. In addition, the manlift was reportedly being used in a way that it was not supposed to. A judgment was recently rendered regarding the matter. The injured worker was awarded a total of $1.7 million. Of the $1.7 million, the three defendants will share in paying $1 million in compensatory damages. The remaining $700,000 is punitive damages and will only be paid by the company that owns the manlift the man was using when the incident occurred. Source: Alabama Live, “Daphne man awarded $1.7 million in damages from ThyssenKrupp construction accident,” Brendan Kirby, April 4, 2013

Workplaces accidents can happen at virtually any workplace, at any time, including the state of North Carolina. The size and number of workers injured depend on a variety of situations including the type of workplace. Last week an industrial accident that made news across the county occurred in another state. The incident resulted in at least 12 deaths. In addition, more than 200 individuals were injured in the incident. The industrial accident occurred at a fertilizer plant when something happened to cause an explosion. The explosion affected not only the plant, but the surrounding area as well. Some residents of the town in which the plant is located lost their homes. Schools and a nursing home were also damaged in the incident. The business where the explosion occurred provided farming supplies to residents of the area. Among other things, the facility blends fertilizer. Accordingly, it housed a large amount of ammonium nitrate. At the time of the explosion there was approximately 270 tons of the product on-site. Ammonium nitrate is extremely flammable when vapors from the liquid are exposed to air. Currently it is unknown what caused the explosion to occur. The nature and extent of the injuries suffered in the explosion are not known. It is also not clear how many of the injured individuals were employed by the business. If any of the people who were hurt in the incident were employed by the business, it is possible that they may be eligible to receive workers’ compensation benefits. As is commonly the case in industrial accidents such as this one, the Occupational Safety and Health Administration will almost certainly conduct an investigation into the blast to determine what exactly happened. Source: Reuters, “Investigators seek cause of Texas blast that killed at least 12,” Carey Gillam and Corrie MacLaggan, April 19, 2013

Employers throughout the nation are charged with keeping their workplaces safe for those who work there. This is true whether one works in an office setting or a large warehouse. It is also true for employers who have workers on roads throughout North Carolina. There are a variety of steps that can be taken to try to ensure the safety of road workers. Recently, authorities in the state of North Carolina launched an initiative to keep highway workers safer. The governor declared the month of April to be “Work Zone Safety Awareness Month.” This is an important initiative since according to the North Carolina Department of Transportation there is routinely an average of 300 such work sites throughout the state. Perhaps the number one way to keep highway workers free from bodily damage is for drivers to travel at speeds that are not too fast. Drivers going too fast can find it difficult to stop when a worker or other pedestrian steps into his or her path. For similar reasons, distracted driving is also an issue. Workers who are hurt in work zones when cars hit them can suffer a wide variety of injuries. In addition to broken bones, head injuries, internal injuries and spinal injuries could occur. While some of these injuries may heal quickly and leave little or no lasting effects, others result in long term problems. In certain situations these injuries can make it impossible to work, resulting in the loss of money. Of course the best outcome for any worker is to not be injured in the first place. This is the goal behind North Carolina designating April as “Work Zone Safety Awareness Month.” Hopefully it will have a positive impact. Source: Dig Triad, “Work Zone Safety Awareness Month Proclaimed In NC,” April 16, 2013

There are certain types of workplace activities that prompt the federal government to conduct investigations. One of those incidents apparently occurred earlier this month at a flour mill in North Carolina. The incident was an explosion that resulted in an injured worker. Such an occurrence may happen at workplaces in which combustible dust is present. An individual employed by the state’s Occupational Safety and Health, indicated the incident occurred shortly after repairs were made to machinery located in the basement of the facility. While the repairs were being made the machinery had apparently been shut off. Once it was turned on, the explosion occurred. The worker who was injured was taken to an area hospital for treatment. Though the specifics surrounding the man’s injuries are not known, upon arriving at the hospital, the man’s condition was reportedly characterized as “fair.” It is possible that during the time the man needs to recover he will not have enough money to cover routine bills without a regular paycheck. This is often even more alarming when, at the same time, medical bills related to the injury continue to mount. Fortunately, most employers in the state of North Carolina must purchase workers’ compensation insurance. Benefits from this insurance are available to many injured workers via a workers’ compensation claim. These benefits are not automatic however. To obtain them, a claim must be submitted. It is not uncommon for these claims to initially be denied. An initial denial does not mean that benefits are not available however. A lawyer who handles these types of cases may be able to help determine what needs to be done to secure workers’ compensation benefits. Source: The Kansas City Star, “Grain explosion occurs at facility owned by KC company,” Mike McGraw, April 11, 2013

People across the country rely on the ground transportation industry to provide vital goods and services. Commercial trucks travel all across North Carolina and are tasked with operating huge, powerful and heavy vehicles for stretches of several hours. Those who work as truck drivers are required to meet certain state and federal guidelines when it comes to the operation of their vehicles, but this does not always ensure that they will be able to avoid getting injured in a truck accident. There are many concerns that truck drivers deal with on a regular basis that other motorists pay little or no attention to. For example, they must closely monitor their driving and rest schedules, weight and cargo restrictions must be followed, and they must be sure that their rigs are properly maintained. These things are all in addition to other factors that can seriously affect a trucker, such as traffic levels and road and weather conditions. Because of all these factors, trucking accidents are unfortunately not uncommon. In fact, four truckers were involved in accidents in just one month on North Carolina highways. In all four cases, the trucks flipped over on the highway, causing serious damage and prompting officials to shut down portions of the road. Most recently, a trucker suffered minor injuries when his commercial vehicle overturned on US-52. Officials say there may be many reasons that trucks flip over. If the weight of the cargo they are transporting shifts significantly, the truck can topple over. If weather conditions are particularly windy, a trailer can start swerving considerably and cause a truck to overturn. Speed and road conditions can also contribute to this type of accident. In any type of trucking accident, a driver can be seriously hurt. Injuries can have a long-term effect on a person’s health and ability to continue driving. Unfortunately, pursuing compensation from third parties or workers’ compensation from employers can be a confusing process. In many cases, injured truckers can work with an attorney in order to pursue the financial support they deserve. Source: digtriad.com, “HWY 52 Reopens After Tractor-Trailer Overturns,” April 9, 2013

Furniture manufacture is one of the industries in the state of North Carolina that employs many people. While it provides a good living for many, workers could experience an unintended side effect. Some who are exposed over a long period of time to the chemical n-propyl bromide, also known as nPB, are suffering from neurological damage. The chemical is found in the glue used to attach foam cushions. Some workers who have experienced injury or illness as a result of exposure to the toxic material have successfully received workers’ compensation benefits. These workers have suffered from medical problems including: The inability to stand or difficulty walking Numbness in extremities Spinal pain The issues are due to damage done to their nerves. Workers continue to be exposed to the chemical in large part because the Occupational Safety and Health Administration has not created guidelines regarding exposure limits to the chemical. Regular readers may aware of the role OSHA plays in keeping workers safe throughout the nation. In addition to creating safety standards, it also conducts investigations workplaces throughout the nation. These investigations are conducted for a variety of reasons including complaints about safety issues. As a result of one of these complaints, one North Carolina furniture maker was the subject of an investigation in 2011. The investigation found that many were being exposed to levels of the chemical deemed to be dangerous. As a result, OSHA provided suggestions on how to improve the work conditions. None of the suggestions were implemented and workers continued to become ill. Unfortunately, because OSHA has yet to adopt standards regarding the levels of chemicals workers can be exposed to it is unable to enforce any of the suggestions it has made regarding keeping workers safe. Such enforcement is often in the form of fines. Until this happens, workers in the furniture factory will likely continue to fall ill. Source: The New York Times, “As OSHA Emphasizes Safety, Long-Term Health Risks Fester,” Ian Urbina, March 30, 2013

There are many circumstances under which a worker in the state of North Carolina could seek and successfully obtain workers’ compensation benefits. Instances leading to injuries need not occur at the actual place of employment. Recently the North Carolina Court of Appeals determined that a woman, who was injured at an off-site sales meeting, where alcohol was being served, was eligible to receive the benefits. The woman, an office manager, was injured after attending a dinner hosted by her employer during a conference. Beverages containing alcohol were available for attendees to consume throughout the evening. Her injury occurred as she and some other people returned to the hotel which was located nearby. She fell from an escalator after climbing up onto its railing. The 30 foot fall occurred after the woman ran into a pillar. The injuries the woman suffered in the fall proved to be fairly serious. In addition to injuring her head, she also suffered other injuries that led her to undergo surgeries. These injuries led the woman, who had by then moved on to a lower paying job, to apply for workers’ compensation benefits. Her former employer denied those benefits under the premise that her injury did not occur in the course of employment. The state court of appeals did not agree. It determined that the woman was entitled to the benefits for the following reasons: When a worker is travelling, an injury that occurs in the course of returning to one’s hotel is in the course of one’s employment. Benefits may be appropriate when an employee is injured in part due to his or her intoxication, when the alcohol was provided by his or her employer. The benefits she received were for temporary total disability. Source: Risk and Insurance, “Intoxication from employer-provided alcohol doesn’t bar benefits,” April 1, 2013

There is likely a perception throughout the state of North Carolina that construction workers, or others who work in industrial settings, are the most prone to workplace injuries. The reality however, is while the injuries suffered in those types of workplaces are often very traumatic they are not the most common. Believe it or not, health care workers are the most prone to suffering an injury in the course of completing tasks related to their job. A recent report issued by the Lucian Leape Institute at the National Patient Safety Foundation supports this. It found that compared to the private sector in which the illness and injury rate is 4.2 per 100 full-time workers, for health care workers the rate is 5.6. The report does not go into the reasons attributed for the higher injury and illness rate. Health care workers who are injured or ill in the workplace are a problem not just for those workers, but for the individuals on the receiving end of their treatment as well. When such a worker is facing workplace conditions that lead to illness or injury, it is difficult for that worker to focus on the patient before him or her. This could ultimately lead to injuries to a patient as well. As is the case in other occupations, when a health care worker is injured while at work, that individual may be able to seek benefits while he or she recovers, via a workers’ compensation claim. The nature and duration of such benefits when granted, varies depending on the severity of the injury and the amount of time necessary for recovery. Source: Fierce Healthcare, “Hospital workplace safety means better patient care,” Alicia Caramenico, March 19, 2013