Truck crashes could lead to crushing injuries
Trucking crashes are some of the most dangerous because of the differences in weight between passenger vehicles and large trucks. If a smaller vehicle is hit, it’s likely that the people inside will be badly hurt or killed.
In many cases involving passenger vehicles, crushing injuries are seen. Crush injuries happen when the body is crushed by being compressed between two surfaces. For instance, if the front end of the vehicle is crushed, the people in the front seat may have crushing injuries to their feet or legs.
What makes crushing injuries more dangerous than some other types?
Crushing injuries are more extensive than other kinds of broken bones or tissue damage, because the soft tissue, nerves and bones are crushed significantly. Bones broken in this way may not be able to be held in place even when using surgical tools, meaning that amputation may be the only alternative. Minor crush injuries tend to heal on their own, but moderate or severe injuries may require hospitalization.
Another major risk of crush injuries is compartment syndrome. This is a syndrome that develops as a result of the swelling and bleeding around the injury. The blood and swelling fills up the muscle space and causes high pressure to build. This can stop the blood from flowing, leading to tissue damage, permanent injury or death in some cases.
Releasing a crushed body part can be deadly
Another major issue with crushing injuries is the toxic chemical release that happens when the body part has the pressure taken off of it. Interestingly, the patient may not feel very severely injured, but when the body part has the pressure removed, toxins from the breakdown of muscle and tissues release. Shock is likely, because lactic acid, histamine, thromboplastin, potassium and other chemicals build up and suddenly release throughout the body.
If a crushing injury is suspected in a collision, everyone should wait for the emergency medical team to arrive to remove the patient and treat the potential for shock immediately. Anyone who survives a crushing injury is likely to have lasting pain and complications, at least in the short term. Some may require amputations, while others may have many months, or years, of recovery ahead of them.
Getting hurt on the job is bad enough — but finding out that you have very little control over your own medical care afterward may be even worse.
Unfortunately, that’s the reality for injured workers in North Carolina. The workers’ compensation rules give your employer the right to dictate which doctor you can see for your injuries (except for emergencies).
What if you think the doctor you’re given cares more about the company than your health?
Doctors are human, and those who derive most of their income from insurance referrals and workers’ comp claims may be inclined to put workers back on the job before they’re ready.
If you suspect that your doctor is biased (or just inept), you do have a right to request a second opinion about your condition and care from another physician at your employer’s expense. If your employer refuses to agree (or ignores your request for more than 14 days), you can take your request to the Industrial Commission. Unfortunately, there is no guarantee that you will be able to force a referral to the doctor of your choice, but there is a process that usually results in some second opinion.
If the second doctor’s opinion or care meshes better with what you believe should be happening, you can request a transfer of care. To get the approval of the Industrial Commission, however, you need to show that you have a preponderance of evidence that the switch is necessary for your treatment.
What if the employer or their insurance company fights your request?
Frankly, that is more likely to happen than not, so it pays to be prepared to assert your rights. It’s usually wisest to enlist the help of an attorney who understands the nuances of workers’ comp law in North Carolina when you encounter a problem.
Potential life-long changes from a TBI
Traumatic brain injuries happen in falls, car accidents, workplace accidents, incidents of violence and in many other ways. They are among the most serious injuries that a person can suffer, and they can happen even if the skull itself isn’t significantly damaged. Movement of the brain within the skull can cause damage and bleeding, both of which can have serious ramifications.
Even brain injuries that do not show up on x-rays, CT scans or MRIs can have serious long-term effects. Those “Mild Traumatic Brain Injuries,” sometimes referred to as “closed head injuries” or “post-concussive syndrome,” can elude detection, especially by the patient. They can even occur without the person’s head actually hitting something, just by jostling the brain around inside the skull. Often, family members notice things like memory loss and irritability that the injured person doesn’t. If there is any concern that a brain injury may have occurred, even a “mild” one, early medical treatment can be critical, so one should not hold back on going to the doctor, thinking it will just go away.
One of the biggest challenges regarding these TBIs is that they may last for months, for years, or for life. It’s often hard for doctors to know at the beginning. Even with professional medical treatment, not all injuries can or do heal. This is just the nature of an injury to your most fragile organ.
Changes for life
If you do suffer life-long issues after a TBI, what are they likely to be? Here are a few potential challenges you may need to deal with moving forward:
- Progressive brain atrophy
- Seizures
- Neurodegenerative diseases
- Sleep disorders
- Neuroendocrine dysregulation
- Loss of physical skills and mobility
- Communication issues
- Developing psychiatric problems
- Loss of memory
- Difficulty concentrating
- Headaches
For instance, you may feel like you have to re-learn how to walk after suffering from a TBI, even though your legs did not get injured at all. The issue is with the connections within your brain that tell your body to follow its commands. In some cases, these connections are repaired or the brain finds ways to work around the breaches, and skills return. In other cases, the connections are severed forever and you never regain the physical skills that you had before the incident.
This is why it’s hard for doctors to predict what is going to take place. They can give you an educated guess and monitor your progress, but everyone heals a bit differently and there’s no guarantee you’ll follow any set pattern.
Getting back on track
Injuries like this can change your life forever, leaving you with major medical bills and no income. It’s crucial that you understand your legal options as you work to get your life back on track.
Deep vein thrombosis may affect truck drivers
It’s not a secret that truck drivers tend to lead a sedentary lifestyle. They have to drive for many hours a day and are often sitting in the same position.
Commercial drivers are at a higher risk of developing blood clots, which is why it is important for any driver who suffers from one to consider filing for workers’ compensation. Deep vein thrombosis (“DVT”) is the most common form, which occurs when a blood clot forms in a deep vein, like those in the lower legs or thighs.
This kind of blood clot happens most commonly to those who remain in the same position for long periods of time, including people who have just had surgery and truck drivers who travel for hours in a sitting position. Commercial drivers who make long trips are most at risk.
Why are drivers at a higher risk for deep vein thrombosis?
The reason is simple. Muscle movement in the legs can provide an important assist in pushing blood in the veins back to the heart, so lack of it can cause the blood to move more slowly. That is why patients after surgery are often fitted with inflatable cuffs on their lower legs, which periodically squeeze the calves, and instructed to “pump” their feet, when they are stuck in bed. When you sit for many hours, your blood flow slows down. The blood in the body tends to gather in the legs and ankles, which creates the conditions for blood clots.
What are the symptoms of blood clots?
Common symptoms may include:
- Red skin on the legs
- Unusual warmth
- Soreness
- Swelling
If the blood clot breaks free and travels to other parts of the body, particularly the lungs, symptoms could include:
- Fainting spells
- Coughs
- Chest pain
- Trouble breathing
- Even death
If you have any of these symptoms, it’s important to seek medical help right away. Then, you may want to discuss the condition with your medical provider to determine if it is work-related. If so, then you may be eligible for workers’ compensation, which covers your medical care and wage compensation while you recover from this illness.
If there is a time of day that can be more dangerous for pedestrians and drivers, it’s when the sun is setting low in the sky. At that angle, the sun can be blinding for drivers and pedestrians alike, making it harder for them to see what’s happening around them.
This case is a terrible reminder of why reflections and sunlight can pose a threat to those on the roads. According to the news from Nov. 7, a woman, 27, was left in critical condition when she was hit by a 2012 Infinity sedan.
The driver stayed at the scene, and they reportedly claimed that they could not see the woman in the roadway. The Winston-Salem police stated that they believed the driver was temporarily blinded by the position of the sun, which meant that they could not see the pedestrian crossing the road.
Unfortunately, the pedestrian was left in critical condition and had to be rushed to Wake Forest Baptist Hospital to recover.
Drivers can prepare against glare
Drivers have a responsibility to be safe on the roads, and that includes being able to see clearly regardless of the position of the sun. It’s possible to prepare against glare by using polarized sunglasses, sun visors and even some well-placed tinting on the front windshield. Taking just a few steps to make it easier to see by adding these accessories could help prevent crashes like the one discussed above.
Pedestrians who are walking while the sun is setting should be particularly cautious. Wait for a green WALK signal or clear roads before crossing, so drivers who may be struggling to see don’t end up putting you at risk.
Nobody likes to irritate their boss, to be sure — and it can be daunting to file a workers’ compensation claim when you know it makes your boss unhappy. However, when you’re injured at work, you have that right. If your employer retaliates against you for exercising your rights, it could cost them far more than your workers’ comp ever would.
Take the case of a North Carolina construction worker who was recently awarded more than a million dollars after he was fired for stating his intention to file a workers’ comp claim and complaining to his bosses about his supervisor’s behavior.
The worker, an assistant superintendent for a construction company, informed the company’s chief executive officer that his supervisor was frequently drunk on the job. He said that while intoxicated, the supervisor had waved a handgun around at some point on a job site. Eventually, the worker and his supervisor had words, and the supervisor threw several punches at the employee’s face.
The worker was abruptly fired, which led to a lawsuit in which he claimed that he was retaliated against both for complaining about the safety issue his supervisor presented and because the company believed he was about to file for workers’ comp. The company claimed that he was fired for “insubordination.”
The court found that there was plenty of evidence in the company’s internal communications showing that the employee’s version of events was accurate. It didn’t matter that he never actually filed a claim for workers’ comp. The mere fact that the company anticipated that he might make a “good-faith filing” was enough.
Don’t let your employer intimidate you out of a worker’s comp claim. If you’re injured on the job for any reason, including the deliberate violence of another employee, you have every reason to pursue fair compensation.
Truck drivers in general have a bad reputation as far as road safety goes. However, most of these drivers practice caution behind the wheel. They also work extremely hard and are at risk for a variety of injuries. Like most other workers in and around Greensboro, North Carolina, they need financial relief when an injury affects their lives.
The risk of suffering a work-related injury is an unfortunate fact for those who drive commercial vehicles for a living. Workers’ compensation helps all employees, including truckers, reduce the financial effects of an on-the-job injury. In other words, the program offers invaluable benefits to those harmed at work.
Long ago, the government realized that the best way to address work injuries was to develop a system of recompense for employees. Therefore, most North Carolina employers are required to provide workers’ comp insurance. The system prevents workers from suing their employers while also giving the victim financial relief in the wake of an injury.
Unfortunately, we have seen how the trucking industry can fail its employees, including drivers, when they suffer a work injury. For example, trucking companies are infamous for emphasizing “business as usual” regardless of the situation. This approach may intentionally or even unknowingly pressure workers into not pursuing workers’ compensation.
Our attorneys understand how wrong this is and how unfair it is to drivers. As such, we enjoy helping injured truckers find an effective solution when they are harmed while working. Part of the way attorneys help is by guiding truckers through the process of filing a successful claim. We can also help when a valid claim results in a denial of benefits.
Please, continue reviewing our web content to learn more about your rights as an injured truck driver.
In North Carolina, most truckers are covered by workers’ compensation insurance. However, in the event of an accident, some employers and insurance companies may try to claim the driver is an independent contractor or should claim against occupational accident insurance (OAI) instead.
Do not be deceived by people’s attempts to avoid paying you. The North Carolina Industrial Commission (NCIC) makes the rules clear:
- An employer must hold workers’ compensation insurance to cover a truck driver working for them unless the trucker really is “independent.” One indication that a driver is not independent is that he or she does not have their own license to operate from the U.S. Department of Transportation (DOT). Other factors that often come up are whether the driver is allowed to hire others to drive the truck, without approval of the company, and whether the driver is free to contract for loads with other companies. Even the requirement that the driver purchase occupational accident insurance may indicate the kind of control that makes the driver an employee.
- It does not matter how many people the trucking company employs (unless there are fewer than three employees total). It does not matter if you signed on to work as an independent contractor or were working as a contractor or subcontractor. If you are really an employee, including if you do not hold a DOT operating license, you should claim against the workers’ compensation insurance of whoever does.
When you sign a contract with a trucking firm, they may insist that you take out OAI. However, it is not a legal obligation in North Carolina. By contrast, workers’ compensation insurance is a legal obligation for truck companies.
If you have been paying for OAI, you may wonder why you should not claim against that instead. The reason is that it provides much less coverage than worker’s compensation insurance and only covers specific injuries stated in the policy. However, there is nothing wrong with using that coverage, especially when workers’ compensation is being denied.
If you do have a truck crash, or otherwise are injured at work, seek legal help to submit your claim. If the company you were driving for says it is not obliged to cover you or does not hold insurance, you your lawyer may need to report them to the NCIC.
Things to avoid if injured at work
If injured at work in North Carolina, your employer’s workers’ compensation insurance will probably cover you. Unlike some states where this is entirely optional, almost all employers with three or more staff need to have it in North Carolina. The rare exceptions are specific agricultural, domestic or railroad workers, and those employed by the Federal government (who may be compensated under a separate system).
However, it is possible to lose your chance to claim if you do not follow the rules. These are some errors to avoid:
- Failing to inform your employer: Notify your employer as soon as the accident happens. You must also notify them in writing within 30 days, though there are some important exceptions. It is better to do this as quickly as possible.
- Ignoring your injury: It is easy to dismiss a minor incident or injury, especially when under pressure to get a job done. Do not be tempted to brave it out. Not all injuries or symptoms are immediately apparent. For example, a blow to the head may feel like nothing but could be a traumatic brain injury with long-lasting effects. If you fail to get it examined at the time, you might lose your opportunity to claim. And again, report every accident, even if the injury does not seem severe at the time. Back injuries, in particular, can worsen with time. If you do not report an injury when it happens, because you do not want to “make waves,” you may find your claim denied later.
- Failing to follow your doctor’s advice: If medical professionals tells you to take a month off, do so. If they say you should only return to light duties and avoid particular tasks, do as they say. Failing to follow their advice could lead to aggravating your injuries. Then an insurance company may claim any aggravation was your fault, as you disobeyed the medical advice.
It is easy to make mistakes when dealing with legal matters, such as completing a workers’ compensation claim. That is why you should get help from a legal professional.
3 ways to reduce falls from height at work
There is a famous photo called “Lunch atop a skyscraper,” taken in 1932. It shows 11 men perched on a girder, 840 feet above the ground. They are happily eating lunch, completely unsecured while building the Rockefeller Center in New York.
That photo would look very different today. The men would be wearing hard hats, hi-viz vests and harnesses. Working at height has always been necessary when working in construction. Staying safe while doing so is now considered essential.
A third of all workplace fatalities in 2018 were due to falls from height, according to The Occupational Safety and Health Administration (OSHA). You do not need to be 840 feet up to die from a fall; less than 20% of fatal falls happen from above 30 feet, with 8% below 6 feet.
OSHA’s fall prevention campaign provides a three-point plan for working at height:
- Plan: Employers need to assess the job beforehand and consider how best to do it safely, and what equipment will be required.
- Provide: The job should not go ahead until the appropriate safety equipment is there, even if that means a delay.
- Train: Sports enthusiasts often talk about people who have, “All the gear but no idea.” If workers do not know how to use the safety equipment and implement the safety procedures, they will be in danger. Practical training is essential to avoid accidents.
If you have injured yourself in a workplace fall, you can claim through your employer’s workers’ compensation insurance. An experienced attorney can help you complete the application and receive the benefits to which you are entitled. If your accident was due to someone else’s negligence, you might be able to file a personal injury lawsuit. And in very rare circumstances, employers can be sued outside of worker’s compensation, for more complete recoveries. Those circumstance often involve violation of safety regulations, potentially including those related to working from heights.
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