When a work accident leaves a North Carolina worker with an injury that makes it impossible to do one’s job, it is highly likely that the injured worker will seek workers’ compensation benefits. Among other things, the benefits serve to alleviate the financial burden that accumulates as that person heals. Workers who receive workers’ compensation benefits are unable to immediately return to their job after suffering an injury related to their job are often in a lot of pain.
Managing that pain is a part of a worker’s recovery. Accordingly, opioids are often prescribed to help in the matter. While when used correctly the use of these drugs can be a good thing, because of their addictive nature, when used incorrectly, they can cause even bigger problems for the injured worker. These problems include a longer period of recovery and in some cases even a dependence on the drugs.
There are a variety of situations in which opioids could be prescribed to a patient. Generally they are provided to injured workers in the following situations:
- For general pain control
- After a surgical procedure
- To deal with chronic pain after a catastrophic injury
In addition to possibly leading to an addiction, the use of opiates affects workers compensation plans financially as well. Overuse has been tied to longer periods of disability which results in an increase in medical costs. The issue is one that affects the state of North Carolina where long-term use of opioids by workers who are injured on the job is one of the highest in the nation.
In an effort to try to get control of the problem opiates are causing in workers’ compensation systems throughout the nation, many payers are seeking to establish other effective pain management techniques. In addition, some states are working to legislate the way in which the drugs are prescribed.
Source: Insurance Journal, “Opioid Epidemic Plagues Workers’ Comp,” Denise Johnson and Don Jergler, May 17, 2013
It is fair to say that no worker in the state of North Carolina is prepared to be injured as a part of their job. Despite this, such injuries occur on a regular basis. While in some cases the injuries suffered are minor, in others, they are catastrophic. One such incident occurred earlier this month at a hog plant located in the state.
The work accident occurred as a woman was working with a machine at the hog plant. Her arm was reportedly pulled into the machine. It is believed that her shirt became stuck in the machine causing the incident to occur. The status of the woman’s condition is not known.
Following the incident the facility was shut down for several hours. This likely allowed investigators to assess the area and gather information for the investigation that is expected to take as long as six months to conclude.
Incidents involving worker appendages and machinery can result in the loss of a limb. In the worst case it is possible that a worker could even lose his or her life in the incident. Though specifics regarding the woman’s status are not clear it is almost certain that she will have a long period of recovery, if she is even able to return to work.
Workers need not suffer a catastrophic injury like this one to obtain workers’ compensation benefits. Even more minor injuries could result in a worker being on the receiving end of such benefits for a period of time.
Source: Elizabethtown Bladen Journal, “Woman injured at hog plant in Tar Heel,” W. Curt Vincent, May 2, 2013
Viewers throughout the nation, including in North Carolina, look forward to tuning in each week to the hit reality program “Dancing With the Stars.” While many likely think about the show strictly as entertainment, the reality is the stage the stars and their partners dance on each week is a workplace. So too is the studio in which they practice.
Safety became an issue earlier this week when dance pro Karina Smirnoff spent time in the hospital as a result of an injury she suffered while practicing. She reportedly fell and landed on her jaw. The previous week, fellow dance professional Mark Ballas, injured his lower back when he compressed two discs. Throughout the seasons many of the stars have been injured as well.
Some believe that training in techniques that could prevent injuries should be taught to both the professional dancers and the stars as well. A couple of classically trained dancers who were approached by a producer for the show reportedly offered their services in that capacity only to ultimately be turned down.
While in many cases safety programs that could reduce the number of injured workers fall to the wayside due to a lack of funding for training, one source reports that in this particular case funding is not an issue. Instead, the decision to not take the couple up on their offer is reportedly one that was made by the professionals on the show who are charged with teaching their star partners how to dance.
As this reflects, workers in virtually any occupation can suffer injuries while working. In many cases when this happens workers’ compensation benefits are available.
Source: FoxNews, “Source: ‘Dancing with the Stars’ pros reject offer to help prevent on-set injuries,” Hollie McKay, May 14, 2013
Farm workers face injuries and illnesses daily
It is doubtful that many people think about the source of their food when they sit down to eat a meal. Those who do ponder it are likely focused on where the food came from and whether it is organic or genetically modified. There is another factor that could influence food choices for residents of North Carolina, however. That factor is the safety procedures in place to protect workers producing the food we eat.
While perhaps not the first occupation that comes to mind when one thinks about dangerous jobs, farming is actually quite dangerous for a variety of reasons. According to a recent report issued by the Center for Progressive Reform, each day, hundreds of workers become ill or are hurt while working in the farming industry. Worse, an average of one farm workers loses his or her life each day.
Risks individuals working in agriculture regularly face include:
- Repetitive stress injuries
- Electrocution
- Exposure to pesticides
- Entrapment in grain silos
- Slip and falls
- Overturned equipment
- Strain due to the heat
In addition, those involved in handling the food once it is harvested face injuries in truck accidents and in warehouses.
Most would agree that workplace safety is important whatever the occupation and that workplace injuries should be reduced. While the Occupational Safety and Health Administration has created safety standards for many workplaces and conducts investigations to make sure they are being followed, due to the number of injuries, illnesses and deaths it appears clear that there is plenty of room for improvement.
Source: People’s World, “Report: Food on American tables costs a life a day,” Mark Gruenberg, April 25, 2013
Workplace injuries occur all too often in North Carolina. While in some cases the injured workers completely recover without any lasting consequences, in others, pain and scarring linger long after the incident that produced them. An injury that typically falls into the latter category is burns. These on-the-job injuries are most likely to occur in situations where workers are exposed to flammable materials.
Earlier this month several men were injured with burns in a workplace accident involving a fire. The incident occurred at a North Carolina propane storage facility. As a result of their injuries, the three men were transported to a nearby burn unit via helicopter.
According to the vice president of the company that owns the facility where the incident occurred, the three workers were in the process of moving propane gas from one place to another when the fire broke out. The workers, who were described as experienced, were doing a task that is considered routine.
The fire was not the result of an explosion and is being called a freak accident. While an Occupational Safety and Health Administration inspector was called in to conduct an investigation, it is believed that the fire likely was the result of a static electricity spark. Whether the business will be cited by OSHA, remains to be seen.
Burns can be a particularly difficult injury to recover from. In addition to being extremely painful, it is not uncommon for them to result in serious scarring. Though the extent of the workers’ injuries is not entirely clear, none were expected need to stay in the hospital for an extended period of time. In any event, it is still possible that some of them will need to seek workers’ compensation benefits.
Source: WLOS, “Freeman Gas Workers Burned,” Ashlea Surles, May 3, 2013
Most are probably aware that under many circumstances injuries suffered while working are eligible for workers’ compensation benefits. But what if the part of the body injured in a work place incident suffered damage in a previous incident outside of the workplace? Recently the North Carolina Court of Appeals addressed this very issue. It determined that in certain situations, the aggravation of a preexisting injury did not necessarily preclude the receipt of workers’ compensation benefits.
The claim was sought by a woman who works in a grocery store. One day, while walking in her backyard she reportedly stepped in a hole which resulted in her twisting her left ankle. Approximately a week later she caught her left foot on something in a walk-in cooler which caused her to fall on her other leg, inflicting injuries. In addition to tearing her meniscus, she also reportedly suffered a bruised bone.
Those injuries prompted the woman to seek workers’ compensation benefits which her employer, the grocery store, denied. In its denial the store alleged that the injuries were actually due to the fall she had taken at home a week prior to the work incident. When a claim for workers’ compensation benefits is initially denied, such as in this case, it is possible for a worker to appeal that decision. This is what the woman in this case did, causing it to end up at the North Carolina Court of Appeals.
The court found in favor of the woman and determined that the work accident left her entitled to:
- Temporary partial disability payments
- Medical compensation
- Average weekly wage compensation
In reaching that conclusion the court looked to several things. The first was information provided by the injured worker. In addition to saying the fall at home did not cause the injuries she suffered to her right leg, she also reportedly did not need to seek medical assistance. In addition, a doctor determined that even if the worker had a preexisting condition, the workplace accident aggravated it.
Source: Risk and Insurance, “Worker connects injuries with fall at work rather than incident at home,” May 6, 2013
Preemptive action may prevent carpal tunnel
There are many situations in which a worker may suffer an injury related to his or her work In North Carolina. While serious injuries often occur after a catastrophic accident, each day workers who routinely engage in the same activity over-and-over could be working themselves toward more than just a paycheck. They may be putting themselves at risk for carpal tunnel as well.
Carpal tunnel often makes its presence known when a worker experiences issues with getting a grip on an object or being able to pinch. Weakness or numbness in a worker’s hands could also be an indication that the worker has carpal tunnel. These issues are due to injuries suffered to a worker’s nerves in his or her wrists or hands.
Some of the individuals most at risk for this injury are those who perform the same motion repeatedly such as in a factory setting. It also can affect otherwise sedentary workers who spend a lot of time working with computers, typing and maneuvering a mouse.
The best ways for workers in an office setting to stave off carpal tunnel is to pay attention to the position of his or her body. In addition to sitting up straight and keeping one’s gaze forward, reducing compression on one’s wrists by keeping them in a neutral position is also a good idea. Placing one’s feet flat on the floor and positioning elbows close to the body also helps to keep the condition at bay.
As is the case in other injuries suffered by workers in a workplace setting, workers in all types of workplaces who find themselves dealing with carpal tunnel may be eligible for workers’ compensation benefits. Such a situation could arise should the syndrome become so serious that it makes it impossible to work for a while.
Source: Journal Courier, “10 ways to avoid carpal tunnel syndrome,” MaryJane Slaby, April 22, 2013
Construction worker injured on the job
Imagine that you are working, as you do every day. All of a sudden, something goes wrong. One moment you are just doing your job, and all of a sudden, you are struck by scaffolding. This sounds a bit dramatic, but it happened to a construction worker in another state.
The construction worker is slowly recovering after a workplace accident on the job, which injured him. The man, a carpenter for a company, was in a 20-foot ditch one morning when a piece of scaffolding struck the man. The handrail piece had broken free.
Luckily, no one else was injured in the accident, and the construction could continue on. Nevertheless, the construction worker had to be pulled out of the ditch. A spokesperson from the facility noted that the injured worker appeared to be doing well.
Sometimes, stuff happens. We cannot control it. This is especially true on worksites. Things fall and break apart all of the time. When such incidents occur, people often are injured.
Fortunately, many states provide workers’ compensation, which is a recovery program that provides benefits (without proving negligence) to workers who are injured on the job. The benefits help pay for medical expenses associated with the workplace injuries.
If you have been injured on the job, you deserve compensation. As you take the time to recover, you will need financial support. To learn more about your state’s program, you can speak to a local personal injury attorney in your area. A lawyer can help you learn about your rights and responsibilities.
Source: Cincinnati.com, “Construction worker recovering after accident at Children’s,” Jennifer Edwards Baker, April 25, 2013
Many residents in the state of North Carolina may have taken pride in the news that in 2012, only 35 individuals died while working. Though this is the number reported by the North Carolina Department of Labor regarding injured workers who died, the National Council on Occupational Safety and Health apparently does not find it to be accurate. It recently released a report that while acknowledging the number of deaths related to workplace incidents is down, indicated they were still close to three times as many as the report released by the N.C. Department of Labor.
Workplace incidents that result in the death of a worker can take many forms. There can be accidents at the location from which the business is run such as offices or factories. In other instances, construction workers are involved in accidents at construction sites. There are other scenarios in which a death can occur as well. Unfortunately many work related deaths involve motor vehicle accidents or violence in the workplace. The failure of the N.C. Department of Labor to include these deaths is reportedly what resulted in the lower numbers. The North Carolina report also failed to include deaths that involved those who employed themselves.
While as mentioned above even when accounting for the additional deaths the number overall in the state of North Carolina has decreased, according to the report from the National Council on Occupational Safety and Health, it could be lower. This could possibly be reached through harsher action on the part of the group that oversees workplace safety in North Carolina–N.C. OSHA. The U.S Labor Department conducted an audit in 2010 that among other things discovered the state did not handle workplace complaints or prescribe large enough fines to employers deemed to be in violation of safety standards.
Source: Charlotte Observer, “NC job deaths undercounted, study finds,” Ames Alexander, April 30, 2013
It’s no secret that construction sites can be dangerous places. When a worker is hurt at a construction site in the triad area the injuries can be serious, leading to lifelong issues and the inability to work. When a worker is injured in such a setting, he or she may be able to obtain workers’ compensation benefits. In addition, in some situations the worker may also be able to file a civil personal injury lawsuit against those whose negligence may have contributed to the incident occurring.
A construction worker from another state recently filed a personal injury lawsuit after he was injured in a construction site accident. The man was reportedly hurt several years ago when he fell approximately 25 feet from a manlift. A failure of certain components of the manlift was to blame of the fall. As a result of the incident he man broke his femur and struck his head. Following the incident the man was unconscious for a time and had to undergo surgery on his leg.
The man sued several entities alleging, among other things, that proper maintenance inspections were not being completed at the appropriate times. In addition, the manlift was reportedly being used in a way that it was not supposed to. A judgment was recently rendered regarding the matter. The injured worker was awarded a total of $1.7 million.
Of the $1.7 million, the three defendants will share in paying $1 million in compensatory damages. The remaining $700,000 is punitive damages and will only be paid by the company that owns the manlift the man was using when the incident occurred.
Source: Alabama Live, “Daphne man awarded $1.7 million in damages from ThyssenKrupp construction accident,” Brendan Kirby, April 4, 2013
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