Whenever a workplace accident takes place, it’s up to your employer to report it to the proper authorities. Not doing so is against the law, and it can end up leading to fines. Your employer needs to report the incident so that your workplace can be investigated and made safer if necessary.
In this case, an employer failed to report an incident that occurred, or at least, that is what it looks like happened. North Carolina’s Occupational Safety and Health Administration (OSHA) has said it is investigating a restaurant in the South End following a fire that resulted in severe injuries to an employee. Investigators from the state reported that they didn’t even know the fire had occurred until the news reached out to them for a comment, which is unusual. Typically, businesses need to report injuries and incidents like this one after they occur. Federal law requires employers to report employee hospitalizations within 24 hours.
The fire took place at Pike’s Soda Fountain due to a natural gas leak. That led to a flash fire when the kitchen was in use. An employee working in the kitchen was badly burned, and he spent over a week in the hospital. His family reported that he had recently been released.
The news organization interviewing the family asked OSHA if it planned to investigate, but OSHA seemed not to know the incident had occurred. If the investigators find that the owner didn’t report the incident, then he could be fined $2,500 for failing to do so.
Even if an employer doesn’t report the incident, you deserve workers’ compensation. If you’re hurt working, you are entitled to specific benefits as provided by law.
Source: WSCOCTV, “OSHA investigates South End restaurant kitchen fire,” Liz Foster, March 20, 2017
1 killed in a fatal fall at North Carolina work site
Construction accidents impact people on the job, at home and around the site. Whether a worker fell or was electrocuted, that individual has suffered an injury that was likely preventable. Employers have a responsibility to keep their employees safe. Failing to do so can lead to official investigations, fines and penalties. On top of that, the worker who was injured is entitled to workers’ compensation, so he or she can focus on recovering while receiving medical and financial benefits.
In this case, a construction worker was killed in a fall in Asheboro, according to a report from March 23. The news states that the Occupational Safety and Health Administration (OSHA) plans to investigate the incident.
The federal safety agency reported that it will open an official investigation into the death of the worker who was employed by Wright Brothers Construction. It’s not yet known if any safety violations took place, but OSHA will look into all aspects of the case to determine if the company should be fined or face other penalties. It could take several months for OSHA to complete the complicated investigation.
The incident that occurred involved a man from Burnsville. It was around 11:30 a.m. when he was disassembling a screed. It fell off the railing, which caused the worker to fall to the ground.
This is the third case of the company having talks with OSHA. In two others, OSHA received a safety complaint and investigated another worker’s death after he was thrown from the back of a dump truck.
Situations like this are avoidable. You deserve to file your workers’ compensation and receive the benefits it entitles you to when you’re hurt on the job.
Source: WXII News, “OSHA to investigate after construction worker dies from fall in Asheboro,” DaVonte McKenith, March 23, 2017
Silicosis: The lung disease lurking at work
One lung disease you may have been exposed to if you work with sand or quartz is known as silicosis. This disease affects workers who have been exposed to silica dust in the workplace. Usually, it’s those who work in glass manufacturing, foundries or mining that have the highest rates of exposure to silica.
There are three kinds of silicosis you could be faced with. These include chronic, accelerated and acute. There is unfortunately no cure for this disease once it has developed, but there are preventative measures that can be taken to prevent workers from developing it in the first place.
How soon can silicosis form in the lungs?
Acute silicosis occurs after a few weeks or years of exposure to silica. The silica, which must be inhaled, causes fatigue, weight loss and a cough. Comparatively, accelerated silicosis occurs after high-level exposure within around 10 years. Chronic silicosis, the third type, occurs 10 to 30 years after initial exposure and can lead to scarring in the lungs.
Silica dust is dangerous because it causes fluid build up and scar tissue in the lungs. The small air sacs have their lining damaged. At that point, progressive massive fibrosis occurs. Severe scarring leads to a lung with a more rigid structure. This makes it hard to breathe, since the lung is no longer flexible.
What should you do if you’re exposed to silica?
Make sure you seek medical attention if you’re exposed to silica. It’s still present in many workplaces, but managing it with proper ventilation and safety equipment helps protect workers. If you develop silicosis, you can seek out workers’ compensation.
Source: American Lung Association, “Learn About Silicosis,” accessed March 16, 2017
What are workers’ compensation benefits?
You’ve been working for several years in the same position. You suddenly realize that your repetitive motions each day have begun to cause pain and strain on your back. Now, you need to see a doctor. Fortunately, you should be covered by workers’ compensation.
What are workers’ compensation benefits?
When you get hurt and are an employee, you have the right to workers’ compensation or to get compensation through your employer’s private insurance coverage. Workers’ compensation itself is a state-mandated program. If you are hurt at work, you can receive workers’ compensation in most situations no matter why or how the accident occurred.
Aren’t there limits to workers’ compensation claims?
Sometimes, yes. For example, you could have workers’ compensation claims denied if it’s found that you intentionally caused an accident to injure yourself. Or, if you were purposefully violating the law or a workplace policy, that might make your claim null and void as well.
You may also find that the state may require drug or alcohol testing after you suffer an injury. If your test results show you were under the influence of drugs or alcohol when you got hurt, you may be denied workers’ compensation. Your attorney can help if the test results are not accurate or if you have other concerns about the claim.
What does workers’ compensation cover?
Workers’ compensation covers incidental accidents, illnesses that are caused from exposure to hazards, chemicals or other issues in the workplace and other injuries.
If you think you have a claim, you can file one with your employer. Your attorney can help if your claim is denied and you feel you’re entitled to compensation.
Source: FindLaw, “Workers’ Comp Benefits Explained,” accessed March 08, 2017
What hazards are teens exposed to at work?
Teens want to get into the workforce for a number of reasons, and it’s important that they begin to understand the value of hard work. It’s also very important that parents and guardians discuss safety in the workplace with their teens, so they know what they should expect from their employers. Teens may be exposed to any number of hazards in the workplace, but an employer with safety set as a priority will not allow hazards to put others at risk. Proper training will be provided, and any unnecessary risks are eliminated as soon as possible.
Aren’t younger workers at a higher risk of injury due to their inexperience?
It’s true that young workers are inexperienced and at a higher risk of being injured on the job. Sometimes younger workers don’t want to ask for help or take on task that they aren’t prepared for to try to impress others. It’s vital that teens understand that they can ask for help and shouldn’t attempt to perform tasks they don’t understand or aren’t trained to complete. Doing something without training can lead to serious injuries.
What hazards are teens exposed to?
Young workers are exposed to electrical hazards, fire hazards and chemical hazards along with the risk for slipping, tripping and falling. Even in an office, there’s a risk of electrocution from outlets, exposure to chemicals from cleaning solutions and the risk of tripping on carpeting or slipping on slick floors.
It’s the employer’s job to make sure they’re trained in safety procedures that help them avoid these hazards and gives them the tools to report hazards when they see them. If a teen is hurt on the job, then he or she is entitled to workers’ compensation like any other employee. If he or she is not able to make a claim due to the employer refusing, then an attorney could help resolve the situation.
Source: Occupational Safety and Health Administration, “Young Worker Safety in Restaurants,” accessed March 03, 2017
Mental health protections in the workplace help keep the environment positive for everyone. There are a few ways you can help keep moral up around the office or on the job. For example, using inclusive language is a good way to help people speak out about their concerns, worries, joys and other feelings. It’s a good idea to foster an environment in which employees can talk about post-traumatic stress, work stress, anxiety and other issues.
A great workplace has plenty of time for a good work/life balance. That means that employees work a full-time shift that still gives them enough time to rest, recuperate and recover. Large workloads might help get the job done faster, but it’s strenuous to have a single employee do all of that work. Workplaces that consider using more employees on the same task tend to reduce stress across the board.
Another good idea in workplaces is to foster recognition and engagement with one another. Employees should want to see each other succeed and know they have the same access to opportunities as others. They should be celebrated when they are safe or complete tasks, just as they should be appreciated after a normal day of work.
As far as benefits go, a healthy workplace should offer employee assistance programs or help for those who struggle with mental health issues or stress from work. Health insurance is typically provided by many employers, and this can also help reduce the stress employees face, since they know they can go to a doctor and seek care when necessary.
If employees do suffer from mental health illnesses due to the stress at work, they should be entitled to workers’ compensation to get treatment for those illnesses. With the right support, they can recover and return healthier to the job.
Source: WorkersCompensation.com, “9 Steps to Foster a Mentally Healthy Workplace,” Feb. 16, 2017
There are a number of reasons why people get hurt on the job. Sometimes, people take shortcuts and skip over safety protocols to get a job done. Taking shortcuts leads to accidents that could be life-threatening or deadly.
Other times, people don’t keep up on cleanliness in the workplace. Items aren’t put away correctly, safety equipment isn’t available and the general maintenance of the building isn’t maintained. Although it can be a hassle to follow all the steps for putting away machinery or cleaning up a facility, it’s worth it to avoid the injuries not doing so could cause.
Overconfidence can be a problem in workplaces with long-term employees or even new employees fresh out of a training program. Those who think they know what to do without following instructions or listening to others put themselves and others in danger. It’s never good to think that accidents can’t happen to you. They can, and they can be serious. Always take the time to review the proper procedures for cleaning machinery, running it or working with it, so you don’t make mistakes that could have been avoided.
Some workplace injuries are a result of defects. For example, if a new piece of machinery has loose screws, it could come apart and cause injuries. It’s important to file a claim against any manufacturer that has produced a defective product, so any employees injured can receive the correct compensation.
There are many reasons for workplace accidents, and these are just a few. With some safety steps in place and good training, workplaces can be safe.
Source: Safety Partners, LTD, “7 Most Common Causes of Workplace Accidents,” accessed Feb. 16, 2017
Many people aren’t sure if they’re covered by workers’ compensation, especially if they’ve never had to use it in the past. When you are an employee and get hurt at work, there should not be a question over whether your employer has to cover you with workers’ compensation. However, one catch is that any injury you want to claim for has to occur while you’re on the job.
The purpose of workers’ compensation isn’t just to support your financial needs when you go to a hospital or need medical treatments. Workers’ compensation benefits also cover lost wages after a certain number of days have passed. This benefit system provides you with a portion of your missing income.
When you return to work, you may no longer receive these benefits, unless you can show that you’re still losing wages due to your injury. For instance, if you can only return as a part-time employee instead of returning as a full-time worker, then you may be entitled to workers’ compensation benefits on top of your paycheck.
You don’t necessarily have to be hurt at work to claim workers’ compensation, but you do need to have been working within the course of your employment. If you were on a business trip, for instance, you may still be covered. Your attorney can help you look into the specifics in your case if you are told you are unable to file a claim even though you feel you were working or in the course of employment when you were hurt. Our website has more on what workers’ compensation can do for you.
Firefighters face more dangers than just burns
Firefighters have one of the most dangerous jobs in America. They work directly with hazards that they expect to see in the workplace every day. They aim to save lives and to reduce damage to structures; they perform tasks of all types, from home inspections for fire safety to rescuing families from burning homes.
A July 2013 release from the Bureau of Labor Statistics states that around 31 firefighters were killed each year between 2009 and 2013. Another 14,700 suffered from injuries and illnesses each year, all caused by their jobs.
Firefighting is incredibly dangerous, and special precautions have to be taken to protect the workers. Many different dangers and hazards exist on the job, from intense flames to chemical exposure. In 2011, it was reported that the fatal injury rate was 2.5 workers per 100,000 firefighters. Nonfatal injuries were marked as 475.2 per 10,000 full-time workers, while other occupations saw only 117.3 out of 10,000.
Most firefighters who were injured were men. In 2011, women accounted for around 8 percent of the nonfatal cases, despite making up only 4.5 percent of employed firefighters. This over-representation of female employees was not directly explained.
The most common causes of fatalities included fires and transportation incidents. In half of said fire-related incidents, the building had collapsed or had parts of the structure collapse inside. Most injuries, comparatively, were related to overexertion and bodily reactions, at 45 percent, while falls, slips and trips made up 14 percent.
Firefighters face more than just hazards on the job. Exhaustion and other issues can build up, making it hard to work. Workers’ compensation can make it possible to get the medical care needed if you’re suffering from mental stress or physical overexertion.
Source: Bureau of Labor Statistics, “Injuries, Illnesses, and Fatalities,” accessed Jan. 31, 2017
Stress affects everyone from time to time, but when it becomes an everyday occurrence and affects your work, you may be entitled to workers’ compensation. If the stress has resulted in permanent impairment, like post-traumatic stress disorder, then you may be able to seek out the compensation you need to support yourself.
You’ll need to show that the stress you suffered from was primarily related to work. Most people face some stress in their lives. What you should be able to show is a single trauma or ongoing concern that has led to your injuries.
Another thing to consider is if the amount of stress you faced was unusual for the position. For example, it’s normal for a construction worker to face physical stress each day, but emotional stress from harassment or threats would be exceptional.
Stress-related injuries have a higher standard of proof. Each person handles stress differently, and although stress is a natural reaction, excessive stress can be damaging to the body. Mental stress can result in emotional breakdowns and the physical manifestation of symptoms.
Worse yet, it’s hard to show the severity of mental stress because of the variance among people. This is why you should seek out a medical doctor to provide you with treatment options and a record of your mental health issues. If they stem from a specific traumatic event at work, then this should also be documented. Your attorney can collect this information and help you apply for workers’ compensation or help you appeal your case if you’ve been denied benefits you believe you deserve. Our website has more on how work-related health injuries can be compensated for.
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