Getting hurt at work is a common concern, but there are a few injuries that stand out. Some types of injuries are more likely to happen than others, like overexertion or sprains.
Overexertion is a concern among workers, and is one of the top 10 most common occupational illnesses. It’s been reported that 27 out of 10,000 workplace injuries and illnesses are caused by overexertion. Strain-related conditions are much more common when positions demand many hours of work, like in cases where nurses spend 12 or more hours working shifts at a hospital or when nursing care facilities have overnight and double-shift workers. Overexertion is more commonly a result of lifting more than you can handle, with more than 13 out of 27 cases reported being a result of lifting too much.
Musculoskeletal disorders are another common workplace illness. They take place in around 34 out of 10,000 work-related incidents. These disorders can include things like carpal tunnel, back injuries and others. For example, a writer who produces 100,000 words a month may experience carpal tunnel related to the overuse of the fingers, angle of the wrist, and so on.
Sprains, strains, and tears are the most common workplace injuries, causing nearly 47 people out of every 10,000 injuries. In most cases, the injuries are a result of workers overexerting themselves. Thirty-six percent of the injuries are to the back, and injuries to the shoulders caused the most time to be taken off from work.
Any time injuries are caused by work-related events, you may be able to claim workers’ compensation. Your attorney can help you if your case is denied or if you feel you aren’t receiving the help you deserve from your employer or insurance carrier.
Source: Online College, “10 Most Common Occupational Illnesses in the U.S.,” accessed June 17, 2016
Worker killed when electrocuted on boom truck
When you work on electrical lines or in other dangerous circumstances, you have to be careful not to be hurt. There are typically processes in place that help prevent injuries, but not all accidents can be avoided. If you are hurt and survive an incident, you may be entitled to workers’ compensation; if you’re killed, it’s your family who should be entitled to benefits.
Take for instance this case of an employee who was killed when he was fatally electrocuted in Anson County. This accident took place when the boom truck the man was on hit the power line. The worker had been holding a hook used to remove mats when the boom came into contact with the electrical wire and led to the worker’s electrocution.
After an accident like this one, the Occupational Safety and Health Division must be contacted for an investigation at the scene. The OSHD then reviews what happened at the scene and determines if there were any regulations broken or safety concerns to bring up to the company.
When a worker is killed in an accident, the OSHD’s report may help them finalize claims for workers’ compensation. They may need this report along with other information, like the bills or expenses accrued due to their loved one’s death. If a worker survives an incident like this one, then he or she is able to receive workers’ compensation in most cases; if the claim is denied for any reason, then the worker has a right to appeal the denial with help from their attorneys and the right documentation to prove the accident was work related.
Source: The Anson Record, “Worker fatally electrocuted by power line in Anson County,” Imari Scarbrough, May 26, 2016
North Carolina has specific workers’ compensation laws to make sure you’re covered as an employee. Here are some commonly asked questions that you may want the answers to.
As a truck driver, is my company required to provide workers’ compensation insurance?
Workers’ compensation coverage is required if there are three or more employees employed by the contractor, intermediate contractor or subcontractor. If you have your own vehicle and are independently licensed by the U.S. Department of Transportation, then your employer does not have to cover your workers’ compensation insurance, since you will be considered to be an independent contractor.
What happens if my employer needs but doesn’t carry workers’ compensation insurance?
If you’re hurt and your employer isn’t carrying the right coverage, then your employer is breaking the law. You can report your employer to the North Carolina Industrial Commission’s Fraud Department, which will look into your report and take action if needed. If you are injured, you can file paperwork with the department to seek compensation and coverage. You may also be able to directly sue your employer for failing to cover your injuries.
What happens if an employer won’t report your injury to the NCIC?
If your employer won’t report your injury, you can file a claim yourself. You have up to two years to file a claim with the North Carolina Industrial Commission. In most cases, your employer should immediately report the injury to the commission; you are required to report your injury to your employer within 30 days. You should report your injury to your employer in writing and orally.
Source: North Carolina Industrial Commission, “List of FAQs,” accessed June 03, 2016
If every day you went to work the safety of your coworkers and yourself was in the hands of drivers, you’d be very certain that drivers were aware of the laws around construction zones and would make sure those laws were enforced. Unfortunately, there is only so much manpower on the roads, and some drivers don’t consider the consequences of their actions.
That’s why the secretary of the North Carolina Department of Transportation has focused on delivering a message of safety to the public; road workers are present on the highways more and more during the spring and summer, and that could mean more accidents, injuries and fatalities. He’s hoping that won’t be the case if drivers are simply more aware of the laws and how to keep these workers safe.
In 2015, there were 4,315 work-zone crashes with 2,475 people injured. Over half of those accidents were caused by drivers who were speeding in the construction zone. Interestingly, it’s usually motorists who are killed in these accidents, with four out of five people dying being motorists themselves. That’s why it’s in their best interests to play it safe in these construction zones.
There are over 600 major construction projects taking place across the state, so keeping drivers and workers safe is key to a successful construction season. Workers wear orange vests and use barrels to block off these construction areas, but they also want more federal money for safety barriers. However, even with those barriers, it’s only common sense that can save these workers; drivers need to mind the road and workers who are present.
Source: Greensboro.com, “DOT official: Safety of road workers in the hands of drivers (Videos),” Richard M. Barron, May 25, 2016
Asbestosis and your right to compensation
Asbestosis is a disease caused by exposure to asbestos fibers. When these fibers are present in the air and workers inhale them over time, their lungs can become damaged, resulting in scarring and shortness of breath. Some people have only mild asbestosis symptoms, but others may have a severe case that makes it very hard to breathe and live a normal life.
Symptoms of this chronic lung disease can suddenly occur years after the exposure, making it sometimes difficult to identify where and when the exposure occurred. In today’s workplaces, it’s unlikely for anyone to be exposed to asbestos in high enough quantities to cause this disease. Most cases involve people who were exposed before the 1970s, when the government finally regulated the use of the mineral product.
Treatment of this disease focuses mainly on palliative treatment to make the symptoms less severe. Symptoms of asbestosis may include being short of breath, having a persistent cough, diminished appetite or clubbing of the fingers or toes.
Do all workers have to be concerned about asbestosis? No, especially if the asbestos they were exposed to was contained. The only way to get asbestosis is to inhale the fibers, and federal law dictates that workers take precautions if they are going to be working with asbestos.
As a worker who has suffered an injury, you have a right to know the kinds of compensation to which you may be entitled to pursue. Our website has more information on workplace illnesses and what to do if your life has been negatively affected by a disease like asbestosis.
North Carolina’s hazard prevention program explained
As a worker, you want to make sure you’re safe at work. Most of the time, the best way to stay safe is to stay vigilant and to report anything that doesn’t seem right or safe. Whether it’s cracks in the floor or odd-smelling machinery, reporting potential hazards can help you and others stay safe on the job. If you’re hurt, workers’ compensation will cover your expenses, but that wouldn’t have to happen if you were kept safe to begin with.
When you see a problem on the job, it’s your responsibility to report it and to fix it if it’s possible to do so. Your employer needs to make sure the hazard is corrected. If he doesn’t, then he’s putting his employees at risk and could end up causing a workplace accident.
In North Carolina, there is the Hazard Hero program, which is a workplace safety program aimed to help employers and employees work together to make their workplaces safer. When a worker finds a hazard at work, it can be reported online by filling out a Hazard Hero form or by reaching out to a supervisor.
The state safety committee, along with your supervisor and human resource director should be notified about any potential hazards in the workplace. At that point, the supervisors are expected to work with their employees to find a reasonable solution to the hazard that has been identified. If the hazard can be corrected by the employee, he or she will be informed on how to do so. If not, then it’s the employer’s job to repair whatever the hazard is, so the employees on site can be kept safe while doing their jobs.
Source: NC OSHR, “Hazard Recognition,” accessed May 13, 2016
When someone you love is hurt at work or killed in a workplace accident, workers’ compensation benefits should kick in to help you and your family recover the financial losses you face. From lost wages to covering funeral and medical costs, this coverage should help you during this difficult time.
If your loved one was hurt in a situation like this, know that workers’ compensation is still a possibility for you. According to an April 20 report, a car accident took place at the Interstate-440 East and Capital Boulevard interchange that resulted in the injury of two workers.
The police reported that a Toyota vehicle collided with a North Carolina Department of Transportation truck that was parked on the shoulder of the highway. The vehicle was not speeding; it was traveling at 59 mph, just under the 60 mph limit.
Witnesses at the scene reported that the truck and a person were both hit; the person who was struck appeared to have lost a leg in the collision. The police were able to confirm that there were two workers who were struck; a 44-year-old man was struck and pinned, while a 46-year-old was struck and pushed over a highway guardrail. One worker was released from the hospital while the other remains in critical condition.
The driver of the vehicle that hit the highway workers was charged with the state’s “move-over” law, which requires motorists to move over a lane when there are workers on the side of the road. The police also noted that she could not have safely changed lanes, which may have influenced the crash.
Source: WNCN, “Car that hit NC workers on Beltline was traveling at 59 mph at impact, report says,” April 20, 2016
In North Carolina, all employers are required to provide workers’ compensation to their employees if they employ three or more employees. Businesses including limited liability companies, sole proprietorships, and corporations all have this requirement.
There are some exceptions for certain employers. For instance, if you are a railway worker, your employer will not have to carry workers’ compensation insurance. Domestic servants and freelancers are not covered by workers’ compensation, and farm laborers working for a person with fewer than 10 full-time employees won’t be covered. There are other exceptions as well.
If you work in radiology or with radiation and are the only employee, you will be able to access workers’ compensation. Under North Carolina’s laws, businesses that work with radiation are required to provide workers’ compensation regardless of the number of workers on site.
Normally, if workers are independent contractors, they are not covered by workers’ compensation, but the Industrial Commission may still accept a claim if you can provide evidence that you work for an employer regularly. The Industrial Commission may also look at the amount of control your employer has over you to determine if you are indeed an independent contractor.
Employers who don’t follow the state laws regarding workers’ compensation face heavy penalties and fines. They can be imprisoned and may be charged with a felony or misdemeanor.
Our website has more information on the steps you should take if you’ve been hurt at work and need to file a workers’ compensation claim. If your employer isn’t carrying insurance, you may need to see a different type of claim moving forward.
The most common work incidents and how to avoid them
There are many workplace accidents that can be avoided, so employees can stay safe. For instance, did you know that violent acts in the workplace lead to many injuries, but they can be prevented with something as simple as violence training and communication channels to report abuse or problems in the workplace?
Another very serious problem is the strain repetitive motions put on the body. In places like factories, workers may perform the same movements time and again for many hours. By providing ergonomic support, encouraging proper rest, and giving breaks, employers can reduce the impact of these injuries.
Machine entanglement is a risk employees take, but it’s possible to reduce the risk of this injury by training employees to recognize these hazards. These injuries usually happen where heavy equipment is used, so employees should never wear loose jewelry, have loose hair, or wear clothing that could be caught in the machines.
If you drive often, then you may know that getting into an accident is always a possibility. Emphasizing safe driving practices can keep you safe, and it may help you prevent accidents by seeing others making errors with enough time to get out of the way or to come to a stop.
Overexertion is one of the most common injuries in the workplace, and it can be reduced by lowering the stress and strain on employees. Reducing their hours, using proper equipment, and even providing relaxation services like massage or a workout room with breaks can reduce the risk of overexertion for your employees.
Source: Safe Nebraska, “Top 10 Preventable Workplace Incidents,” accessed April 20, 2016
If you get hurt at work, your employer has several responsibilities to you. Your employer may have to help you file your workers’ compensation claim, could have to help you recover lost wages, or may have to give you other accommodations.
Can I file a claim for workers’ compensation?
If your injury is work-related, then you can usually file a claim for workers’ compensation. However, this claim could be denied if it’s found that your activities weren’t work-related at the time of the accident. For example, if you’re at a company party when you get hurt, your workers’ compensation claim could be denied since you weren’t working your normal duties when you were injured.
Which kinds of injuries won’t be covered under workers’ compensation?
There are a few kinds of injuries that may not be considered work-related. These include injuries that take place when you’re on your lunch break, injuries that take place when at work but that were not related to or worsened by working, or injuries to or from work in some cases. Some kinds of injuries that may be covered include injuries that are a result of your job or that were worsened by your job. If you’re in a company lunch room or cafeteria when you’re hurt, this may also be covered under workers’ compensation liability.
Are all workers covered by workers’ compensation insurance?
Only employees are covered by workers’ compensation insurance; sometimes, specific kinds of workers aren’t covered at all and may need private coverage. These may include agricultural workers, domestic workers, undocumented workers, or seasonal workers.
Source: FindLaw, “I Have a Job-Related Injury: What are My Employer’s Responsibilities?,” accessed April 14, 2016
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