We often discuss many of the issues surrounding workers’ compensation in this blog — issues like types of injuries and the environmental situations that may lead up to an accident. Occasionally, we like to revisit the basics of workers’ compensation for any readers who may have no previous experience with workplace injuries.
The first thing you should know if you have been injured in the workplace is that you may be legally entitled to receive workers’ compensation benefits. These benefits are there to cover any medical expenses related to your injuries and to replace some of the wages you may lose from missing work during your recovery. While workers’ comp laws prohibit you from suing your employer, it is possible to file a lawsuit against a third party that may have contributed to the accident that caused your injuries.
Many workplace injuries cause employees to miss work for extended periods. In North Carolina, these severe types of injuries are often associated with manufacturing or construction. Workers’ compensation may cover the injured worker’s short-term needs but it can also cover ongoing disability payments in the right circumstances.
Workers who become totally disabled due to an injury on the job can also receive long-term benefits through workers’ compensation. These benefits typically come with at least some limitations, which a workers’ compensation attorney can help victims understand and prepare for.
One more important thing to know about North Carolina workers’ compensation is that the filing requirements are quite precise. As such, some workers’ compensation claims may be denied. However, injured workers should not abandon their attempts to receive benefits. Instead, they should consider consulting with an attorney about their case.
You can get more information about the North Carolina workers’ compensation process by visiting the website of attorney Jay Gervasi.
Pedestrian safety and power industrial trucks
North Carolina workers are often walking around on foot in areas where forklifts, rider trucks, pallet trucks and lift trucks are being used. Therefore, pedestrian safety policies need to be taught to workers who operate these vehicles, in addition to on-foot workers who may be performing their job duties in and around them.
The problem is that pedestrian safety is often neglected in safety training programs. Furthermore, the U.S. Department of Labor’s Bureau of Labor Statistics reports that the most common lift truck-caused fatalities involved pedestrians getting hit. The second most common cause of fatal lift truck accidents happens when they flip over.
In order to prevent lift truck accidents — in addition to teaching employees to be safer while using them and working around them — employers should clearly mark pathways where the lift trucks can be driven. They should keep these isles free of obstructions like carts and hand trucks. They should also identify slow-down areas, intersections, blind corners, dock areas and other dangerous areas — like low lighting areas — where accidents are likely to happen. Finally, employers need to make sure that only workers who have been trained in appropriate safety procedures be permitted to operate lift trucks.
Work-related accidents can happen in an unlimited variety of ways in North Carolina. Fortunately, most workers who have been injured on the job will be able to collect workers’ compensation benefits to pay for medical care related to their injuries. Depending on the severity of injuries, and their resulting inability to work, injured workers may be able to receive wage replacement benefits as well.
Source: National Safety Council, “Fact Sheet No. 1: Ensuring pedestrian safety around power industrial trucks.,” accessed Sep. 03, 2015
Musculoskeletal disorders occur in a variety of work settings. These disorders often affect nerves and tendons as well as muscles. Body areas that are subject to MSDs include the lower back, the upper extremities and the neck. Much of the focus on workplace injuries usually revolves around catastrophic traumas like amputations or head injuries but MSDs are responsible for a great many lost workdays. Naturally, this has a negative effect on the North Carolina workforce and can trickle down to affect the growth of the state’s many industries as well.
Those who have already suffered MSDs in the workplace can usually count on workers’ compensation to help them get through the healing process, which often means missing work. Alternatively, a workers’ comp attorney can also help victims of MSDs find additional resources to ease them through the rough patches. However, for those who remain uninjured despite the risks of MSDs, prevention is the best medicine.
According to the Occupational Safety and Health Administration employers can reduce the risk of musculoskeletal injuries or disorders by putting an ergonomics process in place. Developed to protect workers, an ergonomics plan typically incorporates strong management support with vigorous employee training. Other elements of an effective prevention plan can include:
— Putting solutions for hazard control in place– Ongoing evaluation of the ergonomics system’s progress– Encouraging employees to report signs of MSD– Assessing and identifying problem areas– Involving employees in assessing problems in the work environment
By working to eliminate factors that cause MSDs, employers have a more effective workforce at their disposal and employees benefit by not missing work hours. This creates a harmonious and productive environment with fewer workers’ compensation claims and minimal attorney intervention — a winning solution for all involved.
Source: Occupational Safety and Health Administration, “Prevention of Musculoskeletal Disorders in the Workplace,” accessed Aug. 25, 2015
Workplace safety issues can arise in all kinds of industries, even those the public depends on to prepare sources of food. It seems that a major chicken processing company is one of the latest food processing facilities to feel the power and wrath of the Occupational Safety and Health Administration. Case Farms Processing Inc. is currently facing $861,500 in penalties for workplace safety violations. The processor has also been put on OSHA’s “Severe Violator Enforcement Program,” which might prove to be worse than the fine as the company absorbs a major hit to its reputation.
OSHA’s announcement about Case Farms was made on Aug. 13, when the administration stated it had cited the processor for the following:
— Two willful safety violations– Twenty repeat safety violations– Thirty serious safety violations– Three “other-than-serious” safety violations
The announcement by OSHA said that Case Farms knew about amputation hazards, fall dangers and electrocution hazards within its facility. However, the company allegedly continued exposing its workforce to these potentially fatal and serious hazards. An OSHA employee called the chicken processing company an “outrageously dangerous place to work” and said that the company received over 350 health and safety violation citations during the past 25 years. Case Farms operates a facility in North Carolina, which has received many of these citations. The report indicates that OSHA began stepping up its inspections after workers suffered injuries and/or complained about the facility.
Employers are supposed to pay an honest wage for honest work, but that is not the end of their responsibility. They must also provide their workforce with a safe environment in which to perform. If you have been injured in your job with Case Farms or any other employer, seek a workers’ compensation attorney to talk about getting the benefits you are due.
Source: Occupational Health & Safety, “‘Outrageously Dangerous’ Ohio Chicken Processor Cited,” Aug. 14, 2015
Beryllium may finally be limited, after 40 years
The Occupational Safety and Health Administration first started working to limit the amount of exposure that workers can have to beryllium in 1974. Not much has happened in the ensuing 40 years. However, OSHA is finally going to propose a new limit that would drastically reduce the amount of the mineral that workers can be around.
Beryllium is a metal that is often used in industrial settings. The new proposal would cut the exposure allowances down to about 10 percent of what they are right now.
The reason for the proposal is chronic beryllium disease. This is a lung disease that has been fatal in some cases. Of course, not all cases are deadly, but there is always the chance, and there are around 245 reported new cases every year.
Beryllium is used in some form — often as part of an alloy –by those making electronics, airplane parts, nuclear weapons and dental implants, just to name a few. It is a very light metal that still has great strength. Therefore, it is quite valuable in these capacities.
So, if OSHA has been trying to do this for 40 years, why is it just happening now? The reasons cited by the agency include resistance from the industry sector, debates over the technical aspects of the policy and stalling on the part of politicians.
Those who suffer from occupational illnesses in North Carolina should know that they may have a right to compensation. This is particularly true in situations where lung disease and other chronic ailments could impact the rest of their lives.
Source: The New York Times, “OSHA to Propose Beryllium Limit in the Works Since 1975,” Barry Meier, Aug. 05, 2015
Citizens all over the country are switching from traditional forms of employment to careers as independent contractors. The advantages to making this switch are numerous and include setting your own hours, choosing where you will work and setting your own fees. Despite the many attractive benefits of becoming an independent contractor, one major issue often remains unaddressed: What happens when workers are injured on the job and does workers’ compensation cover these injuries? The answer is not simple and is dependent on several factors.
If you are an independent contractor working in North Carolina, you should know that those who employ you are not automatically free from providing you with workers ‘ compensation. Should a work-related injury occur, the state’s courts will examine the facts related to the incident to determine whether you will be considered an employee and therefore eligible for workers’ compensation benefits.
State courts and the North Carolina Industrial Commission will consider several key points before making the decision such as the “degree of control exercised by the employer over the details of the work.” While the commission and the North Carolina court in charge of the case will make these decisions based on fact, it is a great idea to work with an attorney throughout the process. This gives you a certain degree of protection you might not have on your own while keeping you informed through each phase of your case.
Just because you are an independent contractor, it does not mean you must be solely responsible for injuries you may receive during the course of your work. You can learn more about how the workers’ compensation system benefits independent contractors by exploring the website of Jay Gervasi, attorney at law for North Carolina workers.
If you have experienced a work-related injury in North Carolina, your life can undergo dramatic changes very quickly. Many work accident victims find themselves suffering anxiety over numerous issues including the severity of the injury, loss of wages and the possibility of permanent disability.
Workers’ compensation benefits can be a great comfort to injured workers, but it is important to follow the proper steps after the injury occurs. Doing so will ensure your claim has a greater chance of approval, making it easier for you to concentrate on your recovery.
Below you will find the appropriate steps to take following a work related injury in North Carolina:
— Seek medical treatment: Immediately reporting the injury to your employer is preferable, but if you need medical care right away, let that be your top priority. If you do not have an onsite health care provider, see your doctor or go to the emergency room.– Inform the doctor: While seeking medical attention, be sure to inform your provider that your injuries are work related. Include the name of your workplace, employer or the business owner.– Report the injury: As early after the injury as possible, report the incident to your supervisor or manager. If you are hospitalized or otherwise unable to make the report personally, authorize a family member or friend to report in your stead.– Make a written report: Within 30 days after the injury, provide your employer with a simple written statement describing the accident. The statement should include the date of the accident.– Follow your medical provider’s instructions: This step is important because it will allow you to return to work as early as possible. One of the goals of workers’ compensation is providing workers with good health care, enabling them to get back to work quickly.
Remember that receiving these benefits is your right as a North Carolina employee. You can always turn to a North Carolina attorney if you have trouble getting your workers’ compensation claim approved.
Source: North Carolina Industrial Commission, “If You Have Been Injured At Work,” accessed July 30, 2015
Confined spaces: Keeping safe in small, tight spots
Working in confined spaces is very hard; some people struggle with claustrophobia, and others may be okay with the space but still want to know that it’s safe to be inside. Because workers who are in confined spaces are at risk, the Occupational Safety and Health Administration has provided facts about confined spaces and new construction standards to make them safer for those working inside.
What is a confined space? The OSHA has stated that a confined space is an area that is large enough to fit a worker inside, has a limited entry or exit point, and is not designed to have continuous occupancy. For example, a well could be considered a confined space.
A permit-required space may also be a confined space, but the difference is that there are other hazards involved. A hazardous atmosphere, like one that has the possibility to engulf or suffocate a worker, must have a permit before anyone can enter. A good example of this would be an underwater cave or mine that is just large enough for one worker and has only one exit.
Workers must be trained to deal with confined spaces and know how to exit dangerous situations. Workers shouldn’t enter these spaces without authorization, so if you’re ever asked to enter one without knowledge about the space, it’s important to make sure your employer is legally allowed to require you to enter. Generally speaking, you’ll need training before you can enter the space.
To make the space safe, you’ll want to make sure there is someone there who understands the structure and can verify that it is sound. Then, identify how to enter and exit, and have a rescue worker on hand.
Source: Occupational Safety and Health Administration, “Confined Spaces in Construction: Crawl Spaces and Attics,” accessed July 22, 2015
Most of the time, receiving workers’ compensation means you have no need to pursue a personal injury claim. However, there are occasions when injured North Carolina workers can pursue both options. Workers’ compensation provides injured workers with benefits while also protecting the employer, but sometimes a third party might have contributed to workplace injuries. When this occurs, the injured party may be able to seek relief from both sources.
Here are some situations in which an injured employee may be able to pursue a personal injury suit.
— If the employee is injured due to a defective part or product, it might be possible to initiate legal action against the product manufacturer.– If the employee becomes injured or ill from exposure to toxic substances, he or she might be able to sue the manufacturer of the substance.– If the employee suffers a workplace accident because of employer negligence, a personal injury lawsuit might be feasible.
Other situations in which the injured employee could receive workers’ compensation while also pursuing a third party lawsuit include:
— Slipping or falling while performing work tasks on another party’s premises– Construction site accidents in which the employee is injured due to a third party– Car accidents that occur while the employee is driving on the job
While workers’ compensation fills an important role for workers and employers, it might not be enough for those suffering severe workplace injuries. In these cases, seeking a third party lawsuit can be an ideal way to receive additional compensation. If you would like to learn more about your options following a workplace accident, please visit our website.
A project to replace the lighting in the gymnasium at the New Hanover County High School went awry last week when the scaffolding malfunctioned. News reports indicate two electricians fell during the project, resulting in injuries to both of the men. Rick Holliday, the deputy superintendent, indicated he received a call regarding the accident in the morning hours of Wednesday, July 1.
Holliday went on to report that the project had been ongoing the entire week with the work being conducted by two school maintenance workers. He reported that the work was finished at the time of the accident but workers were moving some of the gym banners so the new lighting would not be obstructed. While the workers were moving the banners, the scaffolding reportedly malfunctioned causing the two employees to fall.
After emergency medical services responded to the scene, the injured employees were taken to the New Hanover Regional Medical Center for treatment. Holliday told the media he did not know what condition the workers were in at the time of the news report, although Superintendent Tim Markley spent some time with the employees and their families at the medical center. Holliday added that the incident is under investigation.
According to OSHA, employers can reduce scaffolding accidents by complying with a general set of easily accessible safety requirements. It is the duty of employers to make certain the worksite and any equipment, such as scaffolds and ladders, meet these standards. Employees who are worried about equipment safety can also use OSHA’s online safety resources to make sure their employers comply with the requirements.
If an injury does occur during work, a personal injury attorney can look at your case to determine if a personal injury lawsuit is in order. Often, an injured worker can receive both workers’ compensation and additional recompense from employers, equipment manufacturers and other at-fault sources.
Source: StarNews, “Workers hurt at New Hanover High gym,” Hannah DelaCourt, July 01, 2015
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