What is being done about occupational lung disease?
This is a great time to ask about lung disease as November is Lung Cancer Awareness Month. The discussion provides a good opportunity to remind North Carolina workers and their employers that lung disease lays waste to the lives of employees and their family members every year. It is an especially insidious occupational illness, slowly encroaching upon the lives of industrial workers and wreaking devastation upon their lungs.
Some of the most destructive forms of occupational lung disease include black lung or pneumoconiosis, silicosis, lung cancer and chronic beryllium disease. These workplace illnesses occur when employees are exposed to dust and other contaminates that enter the victim’s lungs.
As far as what is being done to reduce or even eliminate lung disease in the workplace, several measures are underway. The Occupational Safety and Health Administration has advanced a silica proposal based on over 75 years of research. If finalized, the proposal will improve the lung protection available to workers. The Occupational Safety and Health Administration has also advanced a similar proposal targeting beryllium. If finalized, this proposal would markedly limit the volume of beryllium in the air that North Carolina employees must breathe while performing their duties.
At the government level, the U.S. Department of Labor is also working on the issue of occupational lung disease. Much of this work is focused on the proper use of respirators in the workplace. The Labor Department also advocates other measures such as decreasing the amount of dust workers must breathe.
Occupational lung disease is largely preventable. When employers and other persons of authority recognize this fact and put proper safety measures into place, the nation should see a dramatic decrease in the amount of work-related lung illnesses. In the interim, victims of occupational lung disease are encouraged to speak with an attorney about the legal options available.
Source: U.S. Department of Labor, “Lung Health – A Workers’ Issue,” Tom Perez, Nov. 12, 2015
One of the most perplexing issues attorneys in North Carolina often address is how little the state’s workers know about their safety rights. In many cases, injured workers even blame themselves when something completely out of their control causes a workplace injury. In today’s still-recovering economy, employees hesitate to “make waves” at work because they need their jobs and want to keep them indefinitely.
While this is easy to understand, it is crucial for those employed in the state to know that no job is worth a serious injury or death. Under the 1970 Occupational Safety and Health Act, employers are required to provide their workers with safe working conditions in an environment free of known dangers. This means you cannot legally be fired from your job for taking any action about your unsafe working conditions.
The act allows you to request an Occupational Safety and Health Administration inspection of your workplace if you believe it is not safe. You can also review the results of safety tests performed in your workplace as well as records showing the history of work-related illnesses and injuries. This important act is in place to protect you while you are performing your work, but perhaps more importantly, it will also protect you from retaliation or discrimination if you file a complaint with OSHA.
Despite this protection, retaliation and discrimination still occurs in some situations. This is when North Carolina workers should consider speaking with an attorney about their case. Learn more about workplace safety, workers’ compensation and workplace injuries at the website of Greensboro’s Jay Gervasi law firm.
The nation already understands about dangerous working conditions, but chicken processing plants are apparently some of the country’s worst offenders. Recent reports indicate that workers in this industry are subject to numerous workplace injuries and medical problems. A new report says that these problems occur due to “rampant health and safety issues” present in America’s chicken processing industry.
The report details one worker’s hand injuries, which worsened over time as he continued to work. The worker claims that the onsite nurse told him his injuries were not cause to worry. However, when he finally sought medical help, the doctor told him “he’d never seen injuries as bad” as the worker’s. The worker also said the supervisor ignored the work restrictions given out by the doctor and returned him to work on the processing line.
According to Oxfam America, the nation’s demand for affordably-priced chicken has driven processing plants to increase the speed of processing lines. The organization says today’s speeds are two times faster than they were in 1979. This means that workers are processing about 140 chickens each minute compared with 91 chickens per minute in the late 1970s.
These increased speeds, along with the repetitive motions workers use, create a prime atmosphere for workplace injuries such as severe pain, tingling in some parts of the body and loss of grip, among others. Reportedly, chicken processing workers suffer more carpal tunnel syndrome, repetitive strain injuries and musculoskeletal disorders than many other industries.
Chicken processing plants thrive in North Carolina, employing a large volume of workers. While these workers need the income, they do not deserve to be repeatedly injured for their efforts. An attorney can provide you with additional information if you work in this industry and are suffering from workplace injuries.
Source: Think Progress, “The Hellish Conditions Facing Workers At Chicken Processing Plants,” Bryce Covert, Oct. 27, 2015
When can amputated fingers be reattached?
Some of the most traumatic workplace injuries in North Carolina involve amputations. Most drastically, these can happen to entire limbs, but there are also many cases where fingers and toes are amputated. The risk of this often differs depending on the industry—for example, someone working with hydraulic presses or heavy cutting machinery may be at much higher risk than someone working in a clothing factory, though amputations could happen in either setting.
Now, one of the first things many people want to know is if they’ve lost the digit forever or if it can be reattached. To determine this, the nursing staff has to look at a few key factors.
Perhaps most importantly, the way that the amputation happened plays a huge role. A clean cut—such as that made by a saw blade—is called a guillotine injury. The odds of reattaching a finger that has been quickly and cleanly severed are higher than other types of injuries.
The other main type of amputation is known as a crush injury. This can happen in a car accident or another scenario where two heavy objects come together. For crush injuries, reattachment is less likely because the damage to the flesh, bone and tissue around the cut can be so extensive. This can make it impossible for it to be connected or to regenerate properly.
Another huge factor is time. If a person is taken to a medical center in minutes, the odds of reattachment are much better, as the digit will still be well preserved.
If you’ve lost a body part in a workplace injury, you must know what rights you have to compensation, as the impact—even when it can be reattached—can last a lifetime.
Source: Modern Medicine, “Trauma nursing: Amputatio,” Lisa Walke, Darla Annonio and Amy S. Clontz, accessed Oct. 29, 2015
Does the risk of heart disease relate to your job?
You probably know about some of the biggest causes of heart disease, such as not getting enough exercise or having an unhealthy diet. While these things seem easy enough to change, there are other facts that can’t be changed as easily, or at all—such as hereditary issues. Additionally, new research shows that your job itself may contribute to the risk level.
The results of the study can be unsettling. Those working in service positions, those with blue-collar occupations, and those who are unemployed have a high risk. In fact, 2.9 percent of people working in wholesale had strokes or heart attacks, making it the most dangerous industry in this regard.
The second most dangerous industry is public administration, with 2.8 percent. Next came administrative, support, remediation and waste management, with 2.7. It was tied for that spot with transportation and warehousing.
What was the safest industry? It is finance and insurance. Only 0.8 percent of the people in that industry suffered from heart disease, the lowest in the study.
The next safest industry is information, with just 1.1 percent, and then education services, with 1.2 percent.
Remember, since these are percentages, the differences in overall totals are accounted for. The fact that far more people have blue-collar jobs than work in high-end finance jobs doesn’t matter, for example, with risks based on percentages of overall workers.
As this study shows, there is a direct correlation between where people work and the likelihood of heart disease and related issues. If you are suffering from a medical condition caused by your job, be sure you know your legal rights in North Carolina.
Source: LiveScience, “Heart Disease Risk Revealed,” accessed Oct. 22, 2015
Working safely in flood conditions
The recent severe flooding in North Carolina’s neighboring state has brought workplace safety in flood conditions into the spotlight. The information in this post is important to all kinds of state workers including those who work to clean up after a flood and those who are simply returning to their regular worksites, which may still be underwater.
According the Occupational Safety and Health Administration, many hazards can be present in flood conditions. The first hazard OSHA talks about is driving during flood conditions. The administration cautions workers who must drive to be cautious in unknown road conditions, stating that almost half of flood-related deaths involve motor vehicles.
Other flood hazards that could result in workplace accidents include the following.
— Electrical hazards, which can increase in the presence of water.
— Carbon monoxide hazards due to the use of diesel and gas powered pumps and other equipment.
— Lifting hazards, which can occur as workers struggle to clean up the worksite.
— Pest hazards from snakes, rodents, insects and stray animals include bites and disease from dead pests.
— Drowning hazards that might occur in fast-moving water or stagnant water that might be deeper than workers perceive.
— Fire hazards from damaged protection systems.
— Hypothermia hazards, which can occur if laborers spend time in water that is colder than 75 degrees Fahrenheit.
Many industries include flood preparedness and training in their workplace safety plans, but nothing can replace individual care and caution while working. Flooding can occur anywhere and at any time; ask your employer about including flood training and safety in your occupation’s safety plan. If you have been needlessly injured while working during flood conditions, you should know that the law is on your side. Consider speaking with a North Carolina attorney about your legal options if you cannot find satisfaction through your employer.
Source: U.S. Department of Labor, “Flood Preparedness and Response,” accessed Oct. 13, 2015
Unpaid time off from any job quickly can cause financial difficulties for Guilford County workers. When loss of work time is due to an injury, significant medical expenses add to the burden. Benefits, paid through employer-paid workers’ compensation insurance, cover these losses for employees with occupational injuries or illnesses.
Health care coverage applies to injury-related hospitalizations, surgeries, rehabilitation, prescription drugs, medical travel expenses and other medical costs. Medical benefits are paid as long as “reasonably necessary,” as determined by the state Industrial Commission in accordance with guidelines in the North Carolina Workers’ Compensation Act.
In addition, benefits equivalent to a portion of lost wages are paid while injured employees are unable to work or work at full capacity. Workers’ compensation benefits are available when workers suffer temporary or permanent injuries that are partially or totally disabling. Some employees continue to receive wage benefits after returning to work, when injuries force workers to take lower paying positions or change employment.
Total disability benefits equal two-thirds of an employee’s weekly wage, no higher than an annually-adjusted state cap. The maximum weekly rate for workers’ comp wage benefits in 2016 is $944, up $24 from the 2015 cap.
Medical costs for workplace injuries may be covered indefinitely, in some cases, even for the remainder of an injured employee’s life. However, the state imposes limits upon how long and under what circumstances benefits for wage losses continue. Claim decisions are based upon the employee’s ability to earn wages, whether or not post-injury employment includes the position a worker held previously.
An injury’s short- and long-term impact upon an employee’s earning capacity is the primary consideration in workers’ compensation wage claims. An attorney can explain the various categories of benefits available under the North Carolina Workers’ Compensation Act. Lawyers also help injured workers file claims, dispute denials and pursue all other available benefits and legal compensation.
Source: North Carolina Bar Association, “Workers’ Compensation: What do do in case of an on-the-job injury,” accessed Oct. 08, 2015
According to studies, exposure to pesticides is a risk for farm worker safety. A collaboration among government agencies, including the Environmental Protection Agency and National Institutes of Health, is tracking 90,000 people in two states to determine long-term risks associated with pesticide exposure. One of those states is North Carolina.
Reports also indicate that up to 3,000 worker injuries or illnesses reported annually are related to pesticide exposure. Those incidents occur in a variety of agricultural jobs, including farming, nursery and greenhouse work and forestry. The EPA reports that it is also concerned that reports are low because they don’t include dangers associated with long-term exposure to low amounts of pesticide.
Workers are exposed to pesticides through a number of activities, including planting, picking and other field work. They might also mix and distribute pesticides.
To better protect workers, the new standards require additional training for those who will use pesticides. They also require that people under 18 do not handle pesticides at all and that signage indicate when fields are being treated with pesticides that might be hazardous.
While these new standards are a great step toward better safety for farm and agricultural workers, they won’t be able to reduce injuries and issues to zero percent. Accidents and errors do happen. If you or someone you know was injured or made ill by such an incident, then you might have a right to compensation under a workers’ compensation plan.
Understanding when a workers’ compensation plan covers your losses is important, and so is knowing how to file for all available compensation. Working with someone who knows the system can help you avoid additional stress and delays in compensation.
Source: Reuters, “U.S. strengthens rules to protect farm workers from pesticides,” Carey Gillam, Reuters, Sep. 28, 2015
Of all the members of the North Carolina workforce, those who work alone could be at a greater risk of injury. With no co-workers or supervisors to keep an eye on these lone workers, they often cannot get help should an accident occur. Additionally, those who work alone must tackle each portion of their duties alone, increasing the chance of injury.
Those who work in solitary situations should understand that the same labor laws that cover other employees protect them as well. This means employers are obligated to provide workers with a safe work environment and coverage with workers’ compensation insurance. Even though an employee might work alone, employers should still take steps to make sure these workers are well-trained and as free from injury risk as possible.
Employees who might work alone in North Carolina include utility employees, maintenance workers, agricultural workers, communications employees (e.g. Internet and cable TV installers) and many others.Safety and Health Magazine recently published several recommended procedures employers might use to reduce the risk of injury to love workers. They include:
— Maintaining frequent communication with lone workers
— Providing emergency response training
— Creating an emergency action plan
— Establishing what is and is not permitted when working alone
— Making periodic supervisory visits to lone worker sites
— Conducting risk and safety assessments
Just like all other North Carolina employees, lone workers should feel safe and protected as they carry out their assignments. Should accident or injury occur, these workers have a right to be compensated either through employer-provided workers’ compensation or through a third party personal injury lawsuit, if applicable. Visit the website of Greensboro-based personal injury attorney to learn more about workplace safety in North Carolina.
If you’re injured while on the job, the first thing you may want to look into is workers’ compensation. This can be used both in the immediate aftermath of the injury — to pay for your instant medical costs, for example — and for some of the long-term costs that you may run into, such as the cost of rehab.
At the same time, if the injury is so severe that you are disabled, you may be able to get payments from Social Security Disability Insurance, commonly known as DI or SSDI.
On the grand scale, both of these programs are huge in terms of how much they pay out annually. The total paid out by workers’ compensation plans on the state level — for all 50 states, and not just North Carolina — is in the realm of $60 billion. Back in 2008, Social Security Disability Insurance also paid out a total of $95 billion.
What is perhaps most important for you to understand about these programs is that they can be used at the same time. If you qualify for and accept workers’ compensation payments, that does not exclude you from eligibility for SSDI. You can apply for both and be granted multiple payments.
Of course, each case is different, and there are many cases in which workers only qualify for one or the other, but you never want to assume that receiving one payment means it’s a waste of time to apply for the other. Make sure you fully understand all of your legal rights to compensation after the injury takes place.
Source: U.S. Social Security Administration, “Workplace Injuries and the Take-Up of Social Security Disability Benefits,” Paul O’Leary, Leslie I. Boden, Seth A. Seabury, Al Ozonoff and Ethan Scherer, accessed Sep. 18, 2015
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