What teens should know about their workers’ compensation rights

February 06, 2024 · 2 min read

When your teen got their first part-time job, you probably didn’t give any thought to their right to workers’ compensation benefits. A lot of people only associate this coverage with construction workers or people engaged in other potentially dangerous work.

Teens, however, often have their first jobs in restaurants and stores where the risk of falls, burns, cuts and other injuries is greater than many people realize. Further, teens who work after school or only during summer and maybe other school breaks too often don’t get the same safety training as their full-time, year-round co-workers.

It’s hard to know the number of teens injured on the job every year because many of these injuries go unreported. Teens are typically more likely to minimize an injury – deciding to slap a bandage on it or “walk it off” – than their older co-workers. Nonetheless, it is undeniably not “zero” injured teens annually.

Protections under North Carolina law

Teens may fear that their hours will be cut if they report an injury or that they’ll be fired. Yet, it’s crucial to know that under North Carolina’s Retaliatory Employment Discrimination Act (REDA), employers can’t retaliate against an employee for reporting a work injury or filing a worker’s comp claim. Further, in most cases, an employee can seek workers’ compensation even if they were at fault for the injury (assuming they didn’t intentionally injure themselves or were under the influence at the time they sustained harm).

Workers’ comp benefits are available to employees regardless of their age. Under North Carolina law, nearly every private employer with at least three employees is required to carry workers’ compensation insurance. Workers’ comp benefits extend to “minors, whether lawfully or unlawfully employed.” A minor is considered anyone under 18.

Employers owe their young workers a workplace that’s as safe as possible and the necessary training and equipment to keep themselves and others safe. Older co-workers or supervisors should never ask them to do things that are risky because they’re young and possibly more agile or because they may be willing to do things other employees won’t.

If your teen has suffered a work-related injury or illness and their employer is telling them they don’t have the right to file a workers’ comp claim or that they’ll lose their job if they do, it’s important for them to know and be able to assert their rights. It may be necessary to seek legal guidance to help protect them, accordingly.

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Aug 21, 2024 in Construction Workers' Accidents

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.

Aug 07, 2024 in Construction Workers' Accidents

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.

Jul 30, 2024 in Construction Workers' Accidents

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.