Any worker that has become seriously ill or injured on the job has hopefully experienced workers’ compensation benefits in action. Not having to worry too much about medical expenses or pay while temporarily off a job can certainly help put an employee’s mind at ease. However, one recent study has analyzed numerous states, including North Carolina, and determined that workers’ compensation benefits often paid much more for medical procedures than what is actually necessary.
The study examined simple shoulder and knee operations and found that the prices paid for these procedures varied wildly depending on whether or not they were paid through a sponsored health plan or workers’ compensation. Over 15 states were analyzed, and researchers found that workers’ compensation consistently paid much more than programs sponsored by an employer. One researcher noted that this information severely hinders the states with higher costs.
Employers pay for workers’ compensation to cover employees that may get hurt or sick while working. In turn, an employer’s own pay is determined by the number of employees he has and amount of injuries they happen to sustain. The study noted, though, that only some health care providers are regulated by the state.
This means that states that do not regulate health care providers often have significantly higher workers’ compensation costs as a result. In essence, a state that has higher prices for workers’ compensation benefits means that there will likely be fewer jobs in that state since fewer workers can be covered. Employees may benefit from learning about the regulations in North Carolina so that they can better prepare themselves in the event of a severe accident or illness.
Source: South Bend Tribune, “Study: Procedures often cost more under workers’ comp,” Richard Newman, July 1, 2013
The Occupational Safety and Health Administration is the agency that is typically called upon when construction site accidents happen. Accidents can occur during the construction of buildings, houses or even barns. An accident occurred recently at Texas A&M’s equine barn, and due to the amount of farms in North Carolina, this accident could affect the citizens of this state as well. Five workers were injured, and as with other serious constructions site accidents, authorities will work to piece together what happened and determine what steps can be taken to avoid similar incidents in the future.
The 300-foot-long barn collapsed due to causes which are currently being looked into. As the building collapsed, the workers were attempting to work on beams in a lift which was 40 feet off the ground. All five workers had to be taken to area hospitals. Four are said to currently be in stable condition.
First responders at the scene not only had to ensure that the workers received immediate medical attention, but also they had to secure the site as well as contact the proper governmental authorities. Work is not to be resumed on the barn until the investigation is over. The barn is expected to be an important addition to the university.
The farming community in North Carolina should be aware of this accident because it could have occurred anywhere. Safety measures should be taken in order to avoid further construction site accidents of this caliber. The employees injured might be entitled to personal injury lawsuits as well as workers’ compensation claims to help support them financially as they recover from their work related injuries.
Source: thebatt.com, “OSHA investigates construction accident,” Jessica Smarr, June 24, 2013
One issue that often arises is whether a worker’s injury was work-related or arose out of the employment. The general principle in North Carolina and elsewhere is that the injury must arise out of and in the course of employment in order to be entitled to workers’ compensation benefits. The reported case is from a nearby state but its legal principles would apply in North Carolina as well.
A 65-year-old cashier for Giant Food LLC had stopped bagging groceries to go on her break. While heading for the store’s bathroom, her purse caught on a hook hanging from a merchandise shelf, causing her to fall. At the hospital, she had knee, arm and shoulder pain. The hospital said that her knee was not fractured or dislocated but she had a fractured left arm. She eventually returned to work but continued to have problems, including ongoing knee pain.
She filed a petition, which began the process of obtaining ongoing workers compensation benefits. An orthopedic specialist concluded that her kneecap had been fractured and that surgery was necessary for both the shoulder and the kneecap. He certified her disabled and unable to work. He affirmed her sustaining a serious work injury. The employer challenged benefits on the basis that she was not injured while on the job.
The Workers’ Compensation Commission of Virginia ruled that the injury arose out of the employment, because the employment placed her in the position of having a fall at her workplace. Furthermore, it was a workplace hazard, i.e., the shelf hook that triggered the accident. She was entitled to workers’ compensation benefits for the injuries, all of which were work-related. The employer appealed to the Court of Appeals of Virginia, which affirmed her entitlement to workers’ compensation benefits.
The court explained that the hook on the merchandise shelf was a hazard associated with the workplace and that her injury arose out of and in the course of her employment. The same result should apply in North Carolina. Courts will generally define broadly the concept of ‘arising out of employment’. Workers’ compensation benefits will usually be awarded if an accident occurs at the workplace during a break.
Source: hr.blr.com, “Virginia workers’ comp: Store employee injured during break seeks benefits,” June 25, 2013
Man dies, 7 injured, in worksite explosion
Not every North Carolina resident is lucky enough to have a safe job with no worry of sustaining a serious work injury. While some types of injuries can happen even in an office job, chemical factories are a place where no safety measure can be ignored. If an employee is injured at the workplace, he or she may be able to file a workers’ compensation claim to help cover medical expenses and lost wages incurred as a result.
Recently, an incident took place at a chemical factory which resulted in one death and injured seven other people. The accident is the worst to have happened in the last 13 years at the plant. Currently, OSHA employees are looking into the incident to try and discover exactly what happened, but it has been reported that that the explosion took place while a delivery of nitrogen was being made to the facility.
The loss of the 55-year-old man who died in the accident has hit the people who work at this facility in Louisiana hard. The plant manager was close to the man who died and his family. Another employee mentioned how the incident will cause him to be more careful in his job, which he said gives him a good wage for his time, but also comes with the risk of injury or death. Such dangerous working conditions are dealt with by many people on a daily basis. This is why employers must be exceedingly cautious to limit any potential dangers, especially catastrophic explosions when volatile chemicals are present.
After sustaining a serious work injury in North Carolina and elsewhere, injured employees are typically able to file a workers’ compensation claim help cover financial expenses and medical bills resulting from the accident. Such help can be an indispensable aid to when one is no longer able to work due to disability or infirmity. Still, there is no substitute for being careful on the job and being diligent to double check that the company one works for is taking every safety measure possible. It always pays to be careful when working in a potentially hazardous workplace.
Source: fox8live.com, “Plant safety in focus after two explosions,” Rob Masson, June 17, 2013
There seems to be a rash of chemical plant explosions lately. Although they’re not related, it may be something akin to the strange phenomenon of airplane crashes coming in two’s and three’s, as we’ve often seen in the past. The recent explosion and ensuing fire was at a chemical plant in another state. The last report was that two people were dead and 77 injured. If they’re all workers, in North Carolina or anywhere else that would come to 79 cases of workers’ compensation benefits.
That is because all work-related injuries qualify for workers’ compensation benefits, regardless of fault. In cases of death, there are statutorily prescribed death benefits. In return for recovering benefits without regard to fault, employees relinquish the right to sue the employer. Only in exceptional cases of nearly-intentional fault can the employee consider a claim against the employer.
The explosion occurred at the Williams Olefins plant in Geismar, Louisiana. There is still no word on what caused it. Company officials said that they’re intent on determining the cause. The plant was temporarily closed with workers being reportedly paid during the closure.
Two male workers died in the blast. The company seemed to be spearheading an investigation to find out what happened. The company also brought grief counselors into the area. The company also said it’s cooperating with federal, state and local agencies to determine the cause. At last report 25 people remained hospitalized.
The company provides products to the petrochemical industry. The Geismar plant produces 1.3 billion pounds of ethylene and 90 million pounds of propylene, which are both flammable gases used in industrial chemicals and plastic products. The air around the plant was being tested but no exposure to dangerous materials was found.
Various agencies, including Homeland Security and OSHA were conducting investigations or would be shortly. As stated, in North Carolina and all other states every worker with work-related injuries is entitled to collect workers’ compensation benefits. All medical bills are paid, along with a percentage of the worker’s average weekly or bi-weekly pay. When the treating doctor certifies the worker to return to work, the wage benefits will stop but medical payments may continue for ongoing treatment, medication or therapy.
Source: wbtv.com, “77 injured, 2 dead in chemical plant explosion,” June 13, 2013
The recent storm that ripped through the mid-Atlantic states caused widespread destruction from falling trees, windblown debris and fires. EMS workers, fire departments and volunteer services were all called into action and many residents are thankful for the services these people provide. One such volunteer firefighter in North Carolina lost his life during the course of his work at a residential fire. The question arises if, as a volunteer, this man’s family would be eligible for workers’ compensation death benefits.
Most states set forth what the specific classifications of employees are, what types of employees are considered “at-will” or if a person is considered an independent contractor. All these classifications have different requirements and knowing what classification a particular job falls into is not always easy. In North Carolina, however, there are situations in which a volunteer may be covered under workers’ compensation benefits. Like some other states, workers’ compensation benefits insurance premiums for volunteer emergency and law enforcement personnel are paid for out of a special fund administered by the state.
The young man who was killed had a family that will be very grateful that such benefits are available. They must now begin the task of picking up the pieces of their own lives. It would be very helpful for this man’s family to become familiar with the process by which benefits are applied for and what information is needed to file a claim.
Often the term volunteer is confused with the idea that these people may work for free or are not actually employees. In some cases this is correct, but in many cases it is not. Knowing a particular jobs classification and if those who work at that job are eligible for workers’ compensation benefits or other state or federal benefits is important information to have before an incident takes place.
Source: myfox8.com, “Storms lead to death of volunteer firefighter, elderly man in Wilkes County,” June 13, 2013
As anyone who has been injured while working is likely aware, obtaining the proper treatment as soon as possible is important to one’s recovery. If Senate Bill 174 becomes law injured workers in North Carolina may have to wait longer to get workers’ compensation benefits to pay for things they need to address the workplace injury.
Currently in the state of North Carolina, in order to obtain workers’ compensation benefits, the appropriate paperwork needs to be completed. Under the proposed legislation however, rather than that process a hearing before the Industrial Commission would be required. According to the chair of the workers’ compensation section for the North Carolina Association of Defense Attorneys, the change could lengthen the entire process by up to two months. The hearing would also be required in situations where a worker who previously had benefits that were ended by an employer sought to get them back.
When a worker is hurt on-the-job that individual’s life may be sent into a tailspin. This is particularly true if he or she is too injured to work and in constant pain. In situations such as this it is likely that few workers in the state of North Carolina would find the changes proposed in the legislation appealing.
Under the current workers’ compensation system many Piedmont Triad area workers may find it difficult to obtain requested benefits. In these situations many find it beneficial to work with a lawyer who handles such matters. Should Senate Bill 174 pass, it is likely the assistance of a workers’ compensation lawyer would be even more beneficial.
WSOC, “9 Investigates: NC bill would change workers’ comp rules,” Linzi Sheldon, May 22, 2013
Not all worker injuries are the result of one specific incident. For many who suffer the injury of carpal tunnel in the state of North Carolina, the process of developing the condition takes time. One of the industries in which this condition is common is poultry processing.
Workers employed at a poultry plant will likely participate in the following activities: eviscerating, deboning and cutting apart chickens. Completing those actions over and over again could ultimately lead to the development of the repetitive stress injury. Presumably, the faster each step is performed, the more times each worker would have to complete each motion. This is relevant since the United States Department of Agriculture is contemplating speeding up the process.
The faster slaughter process would be the result of the USDA changing the way in which poultry are inspected. That change would place the focus on dangers to those who consume the food, such as bacteria. As an added benefit the process would be sped up and businesses would likely make more money.
A study on the matter was recently completed by the National Institute for Occupational Safety and Health. Though it focused on only one poultry processing plant, its results were significant. After two visits to the facility last year, it found that 42 percent had signs of carpal tunnel such as numbness, burning, tingling or pain in their wrist or hand. For some it is so bad that it awakens them from sleep.
Despite the study results the inspection change appears poised to go into effect. How it will ultimately affect the workers remains to be seen.
Source: Huffington Post, “Poultry Worker Study Finds Alarming Rate Of Carpal Tunnel As USDA Considers Line Speedup,” Dave Jamieson, June 5, 2013
There are many dangers workers in North Carolina face on a daily basis. Some of those dangers change from season to season. For instance, with summer around the corner, individuals who work outside may find that extreme temperatures increase the risk of a workplace injury.
While construction workers are likely the first group of individuals who come to mind when thinking about who could be affected by the summer heat in North Carolina, the issue is not limited to them. Other types of workers including those who work on the tarmac at airports, and in agriculture and landscaping could also be at risk. The best way to address the matter is to make sure workers take breaks and stay hydrated by consuming plenty of fluids.
The US Department of Labor’s Occupational Safety and Health Administration is also looking to ensure those who work outside stay safe. Accordingly it provides educational materials to employers that can be used to train employees on how to avoid illness due to heat. In addition, it recently created an application that can be downloaded onto a phone or similar mobile device to help keep track of the heat index at any given time. It also provides tips that can be used by workers to make sure they stay safe. The app is free.
After long winters with cooler temperatures, many look forward to the warmer weather that comes with summer. While dangers for workers may accompany the season, with the right precautions, it can be enjoyable for all, even those who work in it.
Source: WEKU News, “New OSHA App meant to Keep Workers Cooler,” Stu Johnson, June 3, 2013
In every job there are a variety of ways in which a worker could be injured. For construction workers in North Carolina, injuries may be incurred while working with power tools such as saws. All too often workers suffer serious lacerations or even amputations of fingers when something goes wrong while cutting a piece of wood. When this happens, it is possible that the worker will seek benefits via a workers’ compensation claim.
To help reduce the number of workers’ compensation claims filed, many employers take action to improve workplace safety. In the case of carpenters or those working in construction that could involve using tools that are equip with safety features. Because individuals using table saws lose a total of 4,000 fingers each year, employers may want to consider purchasing saws equipped with flesh-detection technology. A part of saws made by at least one manufacturer, StopSaw, the technology stops the saw blade from spinning as soon as it comes into contact with anything the consistency of flesh.
The device works by sending a weak current of electricity through the blade of the saw. This current is absorbed by flesh when it comes into contact with the blade, lowering the current in the blade. This change triggers a spring that applies a brake to the blade, stopping it. In addition, it also causes the blade to be retracted below the table.
Considering the positive impact this technology could have on accidents at construction sites, many may be surprised that saws employing it are not widely used. While approximately 500,000 table saws are sold throughout the nation each year, to date only around 40,000 saws with this technology, marketed under the name StopSaw, have been sold. While there are likely many reasons for this, the fact that such safety standards are not required as well as a higher price tag, are probably two reasons. Because of the long term impact such injuries can have on the life of an injured person, many not feel that these are not good reasons.
Source: Mother Jones, “Saws Cut Off 4,000 Fingers a Year. This Gadget Could Fix That.” Myron Levin, May 16, 2013
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