Blog / Construction Workers' Accidents

Sustaining an injury while traveling for an employer

Workers injured while traveling for their employer may have a right to receive workers’ compensation for any harm or damages they incur. It does not usually matter where an accident takes place; an individual may seek a remedy from an employer for an injury sustained on the job.

A company that requires international travel, such as an airline or a cruise ship, may have its own onboard staff to provide medical treatment. A licensed onboard physician may treat injured passengers and the work crew. When an injured employee receives substandard care, however, his or her condition may deteriorate.

Jury orders cruise ship to pay injured worker $4 million

A cruise line employee sustained several broken ribs after a vehicle struck her while onshore at one of the ship’s ports of call. The former dining room attendant did not, however, receive the immediate care she required to heal from her injuries.

The ship’s medical staff failed to provide a correct diagnosis and informed her she should continue working. When the ship returned to the U.S., however, she visited a local physician who diagnosed three fractured ribs.

Serious injuries may result in a permanent disability

The injured employee required five months of treatment and then found she could no longer perform work as a server because of permanent nerve damage. As reported by USA Today, a jury found the ship’s medical staff negligent and awarded her $4 million in damages.

The verdict included $1 million for her pain and suffering and $2 million in lost wages. The amount reflects the lifetime income that she would have earned. As part of the court’s punishment for the cruise ship’s negligence, she also received $1 million in punitive damages.

An employer’s negligence should not worsen the harm

A company owes a duty of care to ensure its employees do not receive negligent treatment when hurt during the course of their work, even while traveling. Maintaining an accompanying medical team does not allow a company to cut corners or provide lackluster care. When negligence results in a permanent disability, a legal action may help to recover.

It is important to bear in mind that negligence committed by co-employees of the injured worker is generally covered by workers’ compensation programs, so that no separate recovery can be had. The case reported in this post was very unusual and may not have come out the same way, under North Carolina law. If you have questions about such a case, you should call a qualified lawyer.

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5 professionals to talk to after a car crash

A car crash can change your life in an instant. In the face of physical pain and emotional trauma, you may also find yourself facing a legal battle for fair compensation. Where do you start? Who can you turn to for guidance? North Carolina follows a strict contributory negligence rule, which means you may not be eligible for recovering compensation if found even slightly at fault for the accident. This is why it is crucial to consult with the right professionals during this difficult time. 1. Medical doctor or specialist After a car accident, your health should be the top priority. Seek medical attention, even if you feel fine. Your healthcare provider will document your injuries, provide treatment and record your medical expenses, which are all crucial for legal purposes. 2. Law enforcement officers Report the accident to a police officer or a highway patrol as soon as possible. They will create an official accident report, including details like the accident’s time, location, and possible causes. This report can serve as valuable evidence in your case. 3. Insurance adjuster The at-fault party’s insurance company will likely call you to discuss the accident. Be cautious when speaking with the adjuster as they may try to minimize the amount the insurance company has to pay for your injuries. If possible, avoid talking with an adjuster without consulting a legal professional first. 4. Mental health professional A therapist or counselor specializing in mental health can help you manage the emotional trauma, anxiety and depression typically associated with car accidents. Their records can also support your claim by showing the emotional impact of the accident. 5. Personal injury attorney Many successful claims involve the help of an attorney specializing in personal injury law. Take advantage of their experience and let them manage negotiation for your fair compensation. If disputes arise, they can fight for you in court. Building a robust support system is key Each of these professionals can significantly impact the outcome of your personal injury claim. With the right team behind you, you can recover fair care and compensation (medical bills, lost income, ongoing rehabilitation, etc.) needed to rebuild your life.

What are risks of noise exposure for North Carolina construction workers?

When people imagine construction sites, many think of large equipment, like jackhammers, diesel-powered vehicles and other powerful machines, generating noise that can reach hazardous levels. Unfortunately, many companies fail to provide construction workers with adequate training in hearing protection. This can result in serious worksite injuries, such as hearing loss, for which employees may need to seek workers’ compensation benefits. Is your employer liable for dangerous occupational noise exposure? The answer may be yes if they don’t adhere to Occupational Safety and Health Administration (OSHA) standards and follow National Institute for Occupational Safety and Health recommendations. How is occupational noise measured? Sound level meters and dosimeters measure noise in the workplace. Measurements record the following: Sound or noise level at a given time Sound level averaged over eight hours Percent of allowable noise exposure, also known as noise dose Excessive levels can create a health risk and should be reported. But how do you know if you’re at risk? Permissible noise levels for workers OSHA mandates employers to take administrative or engineering steps to reduce noise if it exceeds these levels, measured in A-weighted decibels (dBA). Here are OSHA’s acceptable levels: 90 dBA for 8 hours 92 dBA for 6 hours 95 dBA for 4 hours 97 dBA for 3 hours 100 dBA for 2 hours 102 dBA for an hour and a half 105 dBA for an hour 110 dBA for half an hour 115 dBA for a quarter of an hour or less If noise reduction efforts aren’t possible, your employer must provide hearing protection and educate workers about the risks of not wearing noise-canceling headphones or earplugs. How is noise controlled in the workplace? To properly reduce noise in the worksite, your employer must find out: The noise level in the construction site How much noise reaches workers’ ears The frequency content of the noise What’s producing the noise Investigating noise exposure is a standard regulation in worksite evaluation and monitoring. How does North Carolina protect workers’ hearing? In March 2024, the North Carolina Department of Labor released a list of general industry standards requiring written safety and health programs. Programs on occupational noise exposure will include: Hearing conservation Monitoring Audiometric testing Training and education State efforts to strengthen protection against occupational hearing loss are vital. However, when employers don’t exercise due diligence, workers are at risk of injury, which could result in lost income and medical expenses. Consulting an experienced workers’ compensation lawyer can help an employee navigate the complex process of determining compensation and ensure that they can claim damages for hearing loss and other work-related injuries.

Why “doctor’s orders” should reign supreme after workplace injuries

When an accident happens in a working environment, the impacts of the situation can extend far beyond the initial injury. That’s why North Carolina provides legal protections for workers who are injured on the job. Through the state’s workers’ compensation program, eligible injured workers can receive the medical support they require during their recovery. Unfortunately, many injured workers may inadvertently jeopardize their compensation by failing to follow doctor’s orders. Ignoring or neglecting doctor’s orders can result in significant repercussions on a worker’s health, recovery and workers’ compensation claim. The role of doctors in workplace injuries The Tar Heel State’s workers’ compensation program mandates employers to have a designated healthcare provider who cares for injured workers. The employer is supposed to pay the chosen doctor so that the injured doesn’t incur out-of-pocket medical costs. When an injured worker consults with the designated doctor following a workplace accident, they can expect the medical provider to: Determine the acuteness of their injury Develop a personalized treatment plan Oversee their recovery Doctors should be given the upper hand because they have the knowledge and experience to establish the best strategy for efficient recovery. By following the doctor’s orders, an injured worker can receive the medication they need and take all the time they require to recover. It’s also crucial to note that following the doctor’s instructions is not just about efficient recovery; It’s also about compliance with workers’ compensation requirements. Workers’ compensation compliance According to the state’s workers’ compensation program, injured workers are required to follow the prescribed medical treatment. Failure to follow the doctor’s orders can trigger a denial or reduction of benefits. The company’s insurance company may take such actions under the argument that the injured worker isn’t committed to their recovery. To help ensure that they continue to receive financial support during their recovery, it’s important that an injured worker: Follow through with their personalized treatment plan Show up for all medical appointments Routinely communicate with their health provider By proactively demonstrating that they’re dedicated to getting better, a injured worker is less likely to jeopardize their claim. Injured workers whose compensation is halted or reduced for whatever reason can greatly benefit from appropriate legal guidance during such a confusing time. A reliable legal team can help such workers reclaim the financial support they need during their recovery.