Most people instinctively know to check themselves and other vehicle occupants for signs of injury after a crash. Usually, they look for broken bones, contusions and other obvious injuries. However, people can develop internal injuries that have significant and potentially lifelong consequences. One of the worst potential injuries after a vehicle collision is a traumatic brain injury (TBI).
In fact, motor vehicle collisions are among the top causes of TBIs. Falls, interpersonal violence and contact sports also have a strong association with traumatic injuries to the brain. Why are car crashes so often responsible for serious brain injuries despite improved vehicle restraints and safety systems?
Crashes could hurt the brain in multiple ways
Most people think of blunt force trauma to the head when they think about TBIs. Crashes can easily cause a serious blow to the head, possibly because someone hits their forehead on the steering wheel or the side of their head on a window.
That being said, direct physical trauma is only one of the ways that collisions can injure the human brain. Sometimes, flying glass and other debris can cause penetrating injuries. Projectiles moving at high speeds could cut into the head and damage the brain. Particularly if the entry wound is small, people may not even realize that their brain is at risk.
The power of the crash itself could also cause brain injuries. When the force of the collision causes the vehicles involved to spin or flip over, those violent vehicle motions could shake the brain around inside the skull, causing bleeding or swelling. In rare scenarios involving fires or explosions, percussive force or oxygen deprivation could also potentially lead to brain injuries.
The average person might struggle to notice the early warning signs of a TBI unless it is a severe injury that renders someone immediately unconscious. Anytime a crash is significant enough to put someone at risk of a brain injury, it might be beneficial to seek medical evaluation. A doctor’s diagnosis can connect a brain injury to a car crash.
Those who can prove that a motor vehicle collision caused a potentially life-altering injury may be in a position to hold the driver (or another party) at fault accountable. Pursuing compensation is often easier when there are no questions about the origin of someone’s injuries and expenses.
Numerous factors can explain why a worker might get injured while on the job. It may be because there was a lack of safety equipment during the incident or an equipment malfunction. However, the workers themselves may be in a state that could raise their chances of suffering an injury, such as being impaired by prescription medication.
It’s not unusual for workers to continue operating machinery or performing hazardous tasks while impaired. They could be under the effects of strong painkillers, muscle relaxants or other prescription drugs. But if they suffer an injury, their employer may claim they’re ineligible for compensation because of their impaired state.
The law on medication impairment
Under North Carolina’s workers’ compensation law, an employer can potentially deny benefits if the employee’s injury was caused by intoxication. This law applies to alcohol as well as any drugs or narcotics.
The employer has the burden of proof to prove that their employee was under the effects of alcohol or drugs at the time of the injury incident.
Fighting for compensation eligibility
While state law clearly says that prescription drug impairment disqualifies a worker for compensation, it also provides an exception. An employer can’t use the employee’s intoxication as justification for a claim denial if the employer was aware at the time that the employee was impaired and still allowed them to remain on the job.
So, if the employer knew or reasonably should have known about the employee’s impaired condition from medication, the claim may still be compensable.
Workers’ compensation cases involving prescription medication often depend on specific facts and circumstances. If you face similar circumstances and your employer is turning down your claim because you were under the effects of medication, you might still be able to appeal the denial. An experienced legal professional may be able to evaluate your case and fight for your right to benefits.
After sustaining severe injuries on someone else’s property, the owner may readily offer you some cash for your troubles. It can be tempting to take this money so you can move on from this nightmare and focus on getting better. However, those at fault in premises liability cases often use these quick fixes to avoid paying the proper amount.
When a property owner’s negligence is the cause of your accident, you’re likely entitled to compensation that covers medical expenses, lost wages, and pain and suffering. However, the initial offer may not fully account for the true extent of your injuries.
What you should know before accepting a settlement
The consequences of an accident can unfold long after the event itself. You might find that you need ongoing care or that your injuries prevent you from working as you once did.
Generally, insurance companies are not on the victim’s side. They often aim to have victims settle for the lowest amount possible. Moreover, accepting their initial offer may mean giving up your right to pursue additional compensation, even if your condition progresses or you need more treatments.
How to determine what a fair compensation amount is
North Carolina has no set formula to calculate the exact compensation amount for a premises liability case. Instead, the judge and jury will decide after assessing how your injuries have impacted your life. This thorough review may lead to a final settlement far exceeding the initial offer.
Engaging an attorney early can be pivotal to your case. They can help investigate what happened, gather evidence and build a compelling case for you. With their support, you may focus on your recovery while they pursue the compensation you deserve.
Although accepting a settlement offer may seem to save time, this decision may cost you more in the future.
Silicosis and asbestosis are diseases that workers can contract from breathing in certain types of dust at their jobs. Silicosis is common among people who work in mining, sandblasting or rock drilling due to their exposure to silica dust. This dust can damage and scar the lungs, leading to coughing, breathing problems and chest pain.
Asbestosis, on the other hand, is caused by breathing in asbestos fibers, which are common in construction materials. This disease can also lead to lung scarring and symptoms similar to silicosis.
These diseases can worsen over time, meaning workers could suffer increasingly severe symptoms. But there is some good news. In North Carolina, workers’ compensation laws can provide some relief. Workers who have these diseases may be able to get money to help pay for medical costs, disability benefits and more. But to get this help, they must meet certain criteria.
Meeting the eligibility requirements under state law
Per state law, a worker qualifies for workers’ compensation if they have spent at least two years in a job breathing in silica or asbestos dust. Also, the start of these two years of exposure couldn’t have been more than ten years before their last exposure to the dust.
What does this mean? If a worker was around this harmful dust more than ten years ago, they can’t get workers’ compensation. This is true even if they were around the dust for a total of two years or more.
Miners and construction workers must be especially careful
Silicosis can take 10 to 30 years to develop following initial exposure to silica dust. This means the law might not provide help for workers who develop the disease a long time after encountering the dust. Workers who believe they have silicosis or asbestosis should take immediate action and file a workers’ compensation claim. By acting quickly, they can avoid potential delays in receiving benefits and start necessary medical treatments as soon as possible.
However, it can be challenging to determine if their case aligns with the state’s two-year rule. In this situation, seeking a legal professional can be beneficial. They can assist workers in compiling essential records, like details about their job and the length of time they encountered silica or asbestos dust. Information like this can be crucial when applying for workers’ compensation.
North Carolina has long been known as the “Furniture Capital of the World.” Some of the leading furniture manufacturers are located here. As anyone who has done this work or has a loved one in the industry knows, despite the technological advances in machinery and other equipment over the decades, any kind of furniture making employment can be dangerous.
Employees need the appropriate training to use equipment safely. Further, employers need to ensure that the proper safeguards are in place. Consider – for example – the fact that, according to the Occupational Safety and Health Administration (OSHA), machine guarding violations are among the most commonly cited during OSHA inspections of woodworking-related workplaces, which are just some of the kinds of furniture-related scenarios that employees must be careful to navigate safely.
Woodworking
Because many machines utilized in woodworking operations are designed to cut wood and other dense materials, they can also cause amputations (particularly involving fingers and hands) and serious lacerations. Of course, having the proper personal protective equipment (PPE) can help prevent dangers to the eyes and respiratory system. However, gloves aren’t going to help much if a blade cuts into a person’s skin.
Assembly and finishing
The woodworking phase of furniture making isn’t the only dangerous part. Assembly involves staple and nail guns that need to work correctly, cared for properly and be used carefully, just as cutting equipment does. The finishing phase is where workers are most at risk of chemical as well as fire hazards. Strong furniture finishing products used can cause respiratory and skin conditions. Wood dust is another common cause of respiratory conditions as well as eye problems and even blindness.
A “no-fault” system
Employers owe their workers equipment that is properly functioning and maintained. They also owe them access to all necessary PPE and in sizes that fit them correctly. Training of all employees is also critical because one employee’s error or negligence can end up injuring someone else.
It’s important to know that, with a few exceptions, workers’ comp is a “no-fault” system. That means that in all likelihood, an employee who is injured or develops a medical condition because of their work is entitled to benefits whether their employer, another employee, faulty equipment or they themselves are to blame for their harm. Having experienced legal guidance can help injured furniture workers get the benefits to which they’re entitled.
A quick guide to North Carolina Form 18
Getting injured in the workplace could be a disheartening and overwhelming experience. Aside from the physical pain, you could also experience emotional trauma from feeling helpless and unable to do your work. The complexities of filing a workers’ compensation claim could further add to the distress you are already feeling. To help you start the claim process, here is a quick guide on filing your Form 18.
What is a Form 18?
The Form 18 is a legal claim form notifying the North Carolina Industrial Commission of your workplace injury. It requires you to provide complete and accurate details regarding your condition and how it happened. You must submit the filled-out form to your employer and to the Industrial Commission.
Form 18 has two other variations used in different cases. You can use Form 18B for claims relating to lung disease and Form 18M for requesting additional medical compensation. These forms will be the basis for the succeeding steps of your workplace compensation claim.
What information is needed?
In Form 18, you must provide details about yourself, your employer and your injury. Below are the key details needed to fill out the form.
- Employee information: This includes personal information such as your full name, address, contact number, email address, sex, date of birth and social security number.
- Employer information: This refers to your employer’s name, address and contact number. You must also provide your employer’s insurance provider, policy number, the provider’s address and contact number. If you do not know the details of your employer’s insurance, you can ask your employer, contact the Industrial Commission’s Claims Administration Section or simply leave it blank.
- Injury details: This includes the date and time of injury, where and how it happened, and the specific body part involved in your injury. You should also provide details in the form of the medical treatment you received.
- Work conditions: You must also provide details on the nature of your work, your weekly wage, the hours and days worked per week and the number of days you were out from work because of your injury.
- Signature: As this is a legal form, you must provide your signature and the date you completed the form. A representative could sign on your behalf if you injured your hand and cannot sign the form.
Form 18 is essential for initiating your workers’ compensation claim. You can prevent further complications to the process by providing accurate and complete information as early as you can, or within 30 days. The guidance of an experienced workers’ compensation lawyer could increase the chance of successfully claiming your compensation.
Let’s say you’re an employee for a company that makes you travel to other states as part of your responsibilities. While on one such business trip, you suffered an injury while performing your duties.
If you’ve suffered a work-related injury outside of North Carolina, can you still file a workers’ comp claim?
Compensation for out-of-state work injuries possible
Under North Carolina law, if an employee sustains a work-related injury outside of their home state that would normally qualify for compensation in North Carolina, they or their dependents are still entitled to compensation.
Certain conditions must apply before compensation
Although the law allows workers to file claims for a work-related injury from outside North Carolina, there are restrictions. For a claim to qualify, the following conditions must apply:
- The employee’s employment contract was made in North Carolina
- The employer’s main place of business is in North Carolina
- The employee’s main place of work is in North Carolina
Thus, an employer or their employee must be doing business in North Carolina for a worker to be able to claim compensation under the state’s workers’ comp rules.
What happens if you’ve already received compensation from another state?
There may be situations where despite suffering a work-related injury from outside North Carolina, you might receive workers’ comp benefits from your employer under another state’s system.
While North Carolina doesn’t prohibit workers from receiving benefits from both your employer’s local insurer and their other insurer in another state, there’s a restriction on the amount you can claim. If you’ve received compensation or damages under another state’s laws, the total compensation can’t exceed North Carolina’s limits for the same injury.
So, yes – you can file a workers’ comp claim for a work-related injury outside of North Carolina. But your employer may argue that it’s not liable for your injuries and deny your claim. If this happens, you can appeal the denial by filing a request with the North Carolina Industrial Commission. A legal professional with workers’ compensation experience may be able to guide you through this appeal process and fight for your right to compensation.
If you get injured in a work-related accident, you may be entitled to receive compensation under your employer’s workers’ compensation insurance. Workers’ comp can cover for your medical expenses, the costs for rehabilitation and even the wages you’ve lost due to your injury.
By North Carolina law, employers or their insurers must pay employees compensation within 14 days of notice of the injury. But what happens if they fail to make this payment? What can you do as an injured employee if your employer or their insurer can’t pay in time?
Penalties for the employer or insurer
Per state law, if your employer or their insurer is unable to pay an installment of compensation within 14 days after it becomes due, they’re required to add an additional 10% of the amount they owe you. Your employer or insurer must pay this added compensation together with the installment once it’s available.
However, the North Carolina Industrial Commission reserves the right to excuse an employer from being unable to hand out benefits if they can prove that circumstances out of their control prevented them from making payments.
Employers must quickly assess workers’ claims
Employers must also clearly communicate whether they approve or deny a worker’s claim within those 14 days. They must inform both the state Commission and the employee, explaining the reasons for the denial and informing the worker that they have a right to a hearing to appeal the rejection.
Uncertainties over liability, claim compensability
An employer might be unsure about whether it has liability for a worker’s claim, or whether the claim itself is compensable. Regardless of the case, state law allows employers to make compensation payments without prejudice or admitting liability. They can continue to make payments until they contest or accept liability or issue a notice of the injury.
These uncertainties shouldn’t prevent your employer from providing you with payment.
If your employer continues to hold back on compensation payments for no good reason, you might want to consider filing a claim with the North Carolina Industrial Commission. This might lead to a hearing, where you’ll confront your employer or their insurer over their non-payment. A legal professional may be able to guide you through this complicated process and advise you of your rights to compensation.
During North Carolina’s hot summers, swimming pools offer a refreshing escape, yet they can be sites of danger. Common incidents include slip-and-falls or entrapment from faulty pool drains.
When accidents like these happen, it’s key for people to know their legal rights under North Carolina law.
Asserting rights
According to state law, individuals have the right to seek compensation if they’re injured due to a pool owner’s negligence. For instance, the owner may have failed to repair a broken ladder, causing a visitor to fall and sustain injuries. Or, the owner did not address a known issue with a pool drain, leading to a swimmer’s entrapment.
In such cases, the injured party can claim compensable financial losses. These losses can include medical expenses for treating injuries and wages lost from having to take time off work.
Facing the challenges
Asserting these rights can be tricky. North Carolina has a strict rule called ‘contributory negligence.’ This means that if the injured party contributed in any way to the accident, they cannot get compensation at all. If a visitor ignores a clear warning sign about shallow water and gets hurt because they dive into it, they might not receive compensation.
However, compensation is still possible if the injured party meets specific requirements for a premises liability case. The injured party must demonstrate that the pool owner failed to maintain a safe pool area or did not warn about potential hazards, like a broken ladder or a dangerous pool drain.
In these cases, strong evidence is needed to show the owner was indeed negligent.
Proving the pool owner’s liability
Establishing such negligence requires solid evidence – photos of the hazardous condition, witness testimonies, maintenance records as well as security footage or safety inspection reports. For those thinking about filing a claim, consider consulting with an attorney experienced in premises liability. The legal process can be complex. But with professional help, those injured can effectively gather and present their evidence to support their case.
Industries that utilize heavy machinery can have some of the most dangerous workplaces. These machines are designed to lift, cut, smash and process raw materials, and if they’re strong enough to manipulate the toughest substances, they can also easily injure the fragile human body.
One serious workplace hazard involving heavy machinery is machine entanglement. It’s important for workers to understand this risk, the types of injuries that can occur and how workers’ compensation can help them if they get injuries.
What is machine entanglement?
Machine entanglement is when a person’s body part, clothing, hair or other worn items gets caught within the moveable elements of a machine. Three primary forms of machine movement could cause entanglement. They are:
- Pinch points: Moving parts of the machine that can pinch down a body part or article of clothing.
- Crush points: Two or more machine parts that can crush a caught part.
- Wrap points: A rotating part of a machine that can catch hair or clothing.
While most heavy machinery have machine guards and employers have policies such as bans on loose-fitting clothing, there’s no guarantee that these measures can protect workers from harm.
Industries with a high risk of machine entanglement include manufacturing, construction, agriculture, and printing.
Possible injuries from entanglement
Injuries from machine entanglement can range from minor cuts and bruises to more severe outcomes like amputations, fractures, or crushing injuries. Recovery may require extensive medical treatment, rehabilitation, and time off work.
Some injuries, however, can be fatal. According to the National Safety Council, entanglement accounted for 143 workplace fatalities in 2021.
How workers’ comp helps
After an entanglement injury, workers’ comp can cover medical expenses, a portion of lost wages, and compensation for permanent disability. It’s a no-fault system, meaning employees don’t need to prove the employer was at fault to receive benefits.
The process typically involves reporting the injury to your employer, seeking medical attention, and filing a claim with the North Carolina Industrial Commission. Deadlines are crucial; for instance, the injury must be reported within 30 days
Navigating the workers’ comp system can be complex. An experienced legal professional can help correctly file all paperwork on time and represent the worker in hearings. If an employer or insurer turns down the worker’s claim, an attorney can also help appeal the denial.
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