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.
If you are like most people in North Carolina, you have heard a lot of reference to distracted driving in recent years. Much of the discussion around distracted driving has focused on the handheld use of mobile phones. It is understandable that people have highlighted this danger, but the reality is that distracted driving includes so much more than holding a phone while operating a vehicle.
The AAA Exchange explains that anything that diverts a person’s eyes or mind away from the act of driving can be a significant and dangerous distraction. One emerging risk facing more and more people today is the increasing number of infotainment systems built into many new vehicles. A study conducted by the AAA Foundation for Traffic Safety reviewed 40 such systems, including those developed to work with the two major mobile phone operating systems. The results were disappointing at best.
While AAA indicates only systems that place a low level of demand on drivers are safe, none of the systems reviewed in the study fell into this category. A moderate level of demand was the best rating, achieved by only 11 out of 40 systems. A high demand was required by 12 systems and a very high demand of drivers was required by 17 systems.
If you would like to learn more about the options available to you or someone in your family after a vehicle accident has happened caused by a distracted driver, please feel free to visit the distracted driving crash assistance page of our North Carolina personal injury and motor vehicle accident website. And of course, you may wish to call a qualified lawyer.
Most truck manufacturers these days equip their trucks with Electronic Control Modules, which many people often refer to as “little black boxes.” Though, according to FindLaw, the original purpose of these boxes was to protect trucking manufacturers against invalid warranty claims, an increasing number of personal injury attorneys have been using them to support their clients’ claims. This is because these black boxes record a host of operational data, including time driven, overall average speed, highest speed, seat belt usage, idling time, etc.
Though they provide a wealth of evidence in trucking accident cases, most states have established that ECMs are the property of the trucking companies, which means the companies have the right to keep or destroy the evidence as they please. If you are the victim of a truck accident, the destruction of the data could have adverse implications on your truck accident case. An experience lawyer, however, can move quickly to protect the ECM and the evidence it contains.
How an attorney can help preserve black box evidence
Despite the fact that ECM’s are typically property of the trucking companies, there are a few legal measures an attorney can take to protect the block box from destruction. The first is to either file an immediate protective order or to come to a written agreement with the trucking company. Either can help to ensure the preservation of black box data.
Immediately after filing a protective order or coming to an agreement, your lawyer should seek a court order to limit the movement of the truck while the case is pending. This step may involve figuring out who has possession of the truck in the first place. When requesting the court order, your attorney must specifically state that the order is for the retention of the ECM data and any other onboarding data the truck may contain. Finally, if the truck was immediately in front of or behind your vehicle, your attorney should try to extract ECM data from your vehicle as well.
Focusing too heavily on one prevention method or another may cloud the vision of construction companies and keep them from recognizing other valuable strategies for protecting their workers. Construction companies in North Carolina that understand the value of a well-rounded safety plan may be more effective at optimizing their resources.
While thorough and timely communication is crucial to protecting workers, construction companies can also benefit from expending the necessary resources to train, inform and motivate their workers to play an active role in their protection at work.
The role of documentation
According to Nearby Engineers, documentation can provide a paper trail of required evidence that can be used if an accident or injury occurs on a construction project. However, its purposes go much deeper than providing information. Documentation that is properly filled out can be a valuable incentive for worker protection by allowing project leaders to assess the capabilities and qualifications of subcontractors that are hired.
Licenses and certifications that are not documented could not only result in legal consequences for construction companies but can be a hazard to worker safety if a project proceeds without the adequate experience and skills from hired subcontractors.
Incentives for construction companies
While providing optimal protection may be incentive enough for construction companies to implement policies for documentation, there are other beneficial outcomes for the company itself. Esub Construction Software reminds companies that proper documentation tactics coupled with evidence of worker safety as a top priority, are ways that construction companies can maintain their reputation and credibility as entities that are committed to protecting their people.
How aggressive drivers pose a threat to others
Driving on North Carolina roadways may be daunting at times. You may feel overwhelmed with emotions when stuck behind a slow driver, especially if you are late to an important meeting or appointment.
If you have experienced feelings of road rage at some point within the last year, you are certainly not alone. According to AAA, more than 80% of American drivers confess that they have felt road rage. It is the dangerous driving behaviors that accompany this rage that pose a danger to others on the road.
Identify the signs
If you are able to spot the signs of road rage, you could potentially prevent an accident from happening. These include the following:
- Failing to yield to other drivers’ right of way
- Racing other vehicles or speeding
- Cutting off other drivers or blocking them from changing lanes
- Excessive honking, yelling obscenities or using inappropriate hand gestures
- Failing to adhere to stop lights,
- Following too closely or tailgating
AAA also reported that nearly 8 million drivers showed elevated forms of road rage, which involved intentionally hitting other vehicles or physically confronting other drivers.
Contact the authorities
Whether an aggressive driver has targeted you specifically or you observed someone driving in an aggressive manner, you should know what to do. Avoid interacting with the angry driver. Try not to make eye contact, yell back or exchange hand gestures. Instead, contact law enforcement and inform them of the situation. You may be able to prevent an accident from occurring.
The distraction caused by eating while driving
In the immediate aftermath of a car accident in Greensboro, your first reaction may likely be to understand what might have caused the person who caused the crash to make such an egregious error behind the wheel. Those in similar situations that have come to members of our team here at Jay Gervasi, P.A. for help sometimes paint a similar picture: drivers emerging from their vehicles with food stains on their clothing and hands.
This prompts the question of whether the other driver might have been eating when the accident occurred. Eating while driving may not strike you as a serious driving distraction, but statistics show that it indeed is.
A dangerous (and common) driving distraction
Indeed, information gathered in a joint venture between the American Academy of Orthopaedic Surgeons and the Auto Alliance shows that those who choose to eat or drink behind the wheel are 3.6 times more likely to experience a car accident than those who do not. What is even more alarming is the statistic shared by Exxon Mobil, that as many as 70% of drivers admit to eating while driving. This no doubt contributes to the data shared by the National Highway Traffic Safety Administration, which estimates that as many as 80% of car accidents may be due to this particular distraction.
Why is eating while driving distracting?
Eating may seem to you to be such a natural action that it hardly seems distracting. Yet a closer look at the actions involved shows that the driver that hit you (had they been eating when the collision occurred) would have had at least one hand off the steering wheel (to grasp their food), and their attention as well as their vision off the road. Cumulatively these distractions are sufficient to cause an accident.
You can discover more information on distracted driving throughout our site.
Five steps to take when you are injured on the job
Most employers in North Carolina are required to carry some type of workers’ compensation insurance that covers employees when they are injured or become ill on the job. While it is at times difficult to determine if an incident falls under workers’ compensation, there are five steps every worker should take when they have been injured on the job, according to the North Carolina Industrial Commission.
The first step is to seek out medical treatment and report the injury to an immediate supervisor or the employer. There may be a healthcare provider on site or the employer can direct the employee to an approved clinic. If there is no designated clinic or provider, it is important that the employee seek the appropriate medical attention for their needs immediately.
The second step is to discuss the injury with a healthcare provider and make sure they know it is work related. This means that the provider can bill the appointment and treatment as a workers’ compensation claim.
The third step is to inform the owner of your company or your employer that the accident was work related. If it is possible to do this personally, that is the best way to do it, but a friend, healthcare provider or family member can also pass on the information as soon as possible.
The fourth step, provided by FindLaw, is to give a written notice to the employer as soon as possible, but always within 30 days. The statement should include a brief description of the injury and the date of the accident. A family member or friend can write a letter if the injured is unable to do so, and a copy should be kept for their records.
Finally, the fifth step requires that the injured follow the treatment guidelines given by the healthcare provider. By following these five steps, workers can get the appropriate treatment for their injury and get back to their jobs as soon as possible.
Should you ditch the backyard trampoline?
Trampolines are a lot of fun. They also provide a great way to get some exercise without it feeling like exercise. However, there is a downside to this backyard addition that you should really consider before you decide to install one. The liability for injuries is incredibly high. Trampolines are incredibly risky for children, and according to the Mayo Clinic, they lead to serious injuries every year.
While the most common injuries are sprains and broken bones, it is not uncommon for someone to suffer a severe head or neck injury as a result of using a trampoline. The greatest risk is falling off the trampoline and to the ground since it is set high up, often requiring a ladder or step stool to get on to it. Injuries can also happen just from jumping, especially if more than one person jumps at a time. The dangers are so high that experts recommend not having one in your backyard.
If you do decide to install a trampoline, make sure to first check with your insurance provider. You need to make sure your policy will cover injuries related to the trampoline. Without coverage, you face a lot of liability that could potentially lead to serious financial issues if someone suffers a severe injury from playing on your trampoline.
You also need to set strict rules for use. Make sure there is always an adult present when anyone is using it. Allow only one jumper at a time. Limit risky moves, such as flips. Install safety padding and nets. If possible, install it at ground level to prevent falls.
What should you do at the scene of an accident?
Panic can easily overwhelm you when you find yourself at the scene of an accident. Either through confusion or misunderstanding, it may be tough to know exactly what steps to take and what information to gather. Keeping calm and following some basic tips can help to make the experience less stressful for both parties.
One of the first actions you should perform is to completely stop your car and exit the vehicle as soon as it is safe enough to do so. According to FindLaw, most hit and runs typically either involve damaged property or an injured party. In any situation with immediate danger, you should make sure to check on all the drivers and anyone else involved in the accident. Staying at or near the site of the accident is the best idea in order to make sure authorities or medical professionals who arrive can find you. Do not try to move anyone who cannot move of their own volition due to pain.
After you have talked with everyone involved in the accident, you should make sure to tell each other your telephone numbers or other personal contact information. Talking to witnesses and anyone else present is another important step. Agreeing on the facts of what happened for each party is important to determine who is at fault, if anyone. One of the last but most important steps you should take is to get in touch with your insurance company in order to alert them of the accident.
Car accidents can be confusing and stressful, but knowing how to handle them can help you protect yourself.
Truck driving is one of the most dangerous jobs in America. In fact, transportation on a whole is one of the riskiest fields to work in, even for private pilots who fly smaller planes. If you get injured on the job, the best-case scenario involves your employer providing benefits without a fuss. Unfortunately, many companies are more concerned about their bottom line than their workers.
One of the first questions you may have is if there is a way to get around mediation when you request a hearing. The North Carolina Industrial Commission estimates that virtually all cases get automatically moved to mediation when someone requests a workers’ comp hearing. There are some exceptions that truck drivers might take advantage of. One of these is when injured workers do not have counsel representation. Another is when employers do not have insurance. On the other hand, mediation is often an effective method to resolve cases, without the necessity of a trial process. One advantage is control—if the parties reach an agreement, they each decide on the result. If they do not, a hearing is held before the Industrial Commission, and the result is chosen by a Deputy Commissioner. And somebody will lose.
When it comes to selecting a mediator, you usually have the opportunity to select one with your employer. The IC states that the individual must hold a certification from the Dispute Resolution Commission. If you or your employer does not already have a mediator selected, then you can check the Commission’s website for eligible professionals.
Note that both parties have a say in who the mediator may be. Both parties have the opportunity to send letters to the Commission and the opposing party on this matter. You can also recommend more than one professionals. If the opposing party does not reply, then the party that submitted suggestions gets their choice. If the opposing party objects to any appointments, then the Commission may honor this.
Finally, there are fees to consider. The mediator fee, for mediators chosen by the Industrial Commission, is $150 per hour. There is also a case administrative fee of $150. When cases involve appointed mediators and someone postpones, the fee for that ranges from $150 to $300. Mediators chosen by agreement of the parties, which is how things go in almost every case, in which both parties are represented by lawyers, are generally paid more than that. For workers’ compensation cases, the defendant typically pays the full fees and may be reimbursed when the case concludes.
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