Workplaces accidents can happen at virtually any workplace, at any time, including the state of North Carolina. The size and number of workers injured depend on a variety of situations including the type of workplace. Last week an industrial accident that made news across the county occurred in another state. The incident resulted in at least 12 deaths. In addition, more than 200 individuals were injured in the incident.

The industrial accident occurred at a fertilizer plant when something happened to cause an explosion. The explosion affected not only the plant, but the surrounding area as well. Some residents of the town in which the plant is located lost their homes. Schools and a nursing home were also damaged in the incident.

The business where the explosion occurred provided farming supplies to residents of the area. Among other things, the facility blends fertilizer. Accordingly, it housed a large amount of ammonium nitrate. At the time of the explosion there was approximately 270 tons of the product on-site. Ammonium nitrate is extremely flammable when vapors from the liquid are exposed to air. Currently it is unknown what caused the explosion to occur.

The nature and extent of the injuries suffered in the explosion are not known. It is also not clear how many of the injured individuals were employed by the business. If any of the people who were hurt in the incident were employed by the business, it is possible that they may be eligible to receive workers’ compensation benefits.

As is commonly the case in industrial accidents such as this one, the Occupational Safety and Health Administration will almost certainly conduct an investigation into the blast to determine what exactly happened.

Source: Reuters, “Investigators seek cause of Texas blast that killed at least 12,” Carey Gillam and Corrie MacLaggan, April 19, 2013

Employers throughout the nation are charged with keeping their workplaces safe for those who work there. This is true whether one works in an office setting or a large warehouse. It is also true for employers who have workers on roads throughout North Carolina.

There are a variety of steps that can be taken to try to ensure the safety of road workers. Recently, authorities in the state of North Carolina launched an initiative to keep highway workers safer. The governor declared the month of April to be “Work Zone Safety Awareness Month.” This is an important initiative since according to the North Carolina Department of Transportation there is routinely an average of 300 such work sites throughout the state.

Perhaps the number one way to keep highway workers free from bodily damage is for drivers to travel at speeds that are not too fast. Drivers going too fast can find it difficult to stop when a worker or other pedestrian steps into his or her path. For similar reasons, distracted driving is also an issue.

Workers who are hurt in work zones when cars hit them can suffer a wide variety of injuries. In addition to broken bones, head injuries, internal injuries and spinal injuries could occur. While some of these injuries may heal quickly and leave little or no lasting effects, others result in long term problems. In certain situations these injuries can make it impossible to work, resulting in the loss of money.

Of course the best outcome for any worker is to not be injured in the first place. This is the goal behind North Carolina designating April as “Work Zone Safety Awareness Month.” Hopefully it will have a positive impact.

Source: Dig Triad, “Work Zone Safety Awareness Month Proclaimed In NC,” April 16, 2013

There are certain types of workplace activities that prompt the federal government to conduct investigations. One of those incidents apparently occurred earlier this month at a flour mill in North Carolina. The incident was an explosion that resulted in an injured worker. Such an occurrence may happen at workplaces in which combustible dust is present.

An individual employed by the state’s Occupational Safety and Health, indicated the incident occurred shortly after repairs were made to machinery located in the basement of the facility. While the repairs were being made the machinery had apparently been shut off. Once it was turned on, the explosion occurred.

The worker who was injured was taken to an area hospital for treatment. Though the specifics surrounding the man’s injuries are not known, upon arriving at the hospital, the man’s condition was reportedly characterized as “fair.”

It is possible that during the time the man needs to recover he will not have enough money to cover routine bills without a regular paycheck. This is often even more alarming when, at the same time, medical bills related to the injury continue to mount. Fortunately, most employers in the state of North Carolina must purchase workers’ compensation insurance. Benefits from this insurance are available to many injured workers via a workers’ compensation claim. These benefits are not automatic however. To obtain them, a claim must be submitted.

It is not uncommon for these claims to initially be denied. An initial denial does not mean that benefits are not available however. A lawyer who handles these types of cases may be able to help determine what needs to be done to secure workers’ compensation benefits.

Source: The Kansas City Star, “Grain explosion occurs at facility owned by KC company,” Mike McGraw, April 11, 2013

People across the country rely on the ground transportation industry to provide vital goods and services. Commercial trucks travel all across North Carolina and are tasked with operating huge, powerful and heavy vehicles for stretches of several hours. Those who work as truck drivers are required to meet certain state and federal guidelines when it comes to the operation of their vehicles, but this does not always ensure that they will be able to avoid getting injured in a truck accident.

There are many concerns that truck drivers deal with on a regular basis that other motorists pay little or no attention to. For example, they must closely monitor their driving and rest schedules, weight and cargo restrictions must be followed, and they must be sure that their rigs are properly maintained. These things are all in addition to other factors that can seriously affect a trucker, such as traffic levels and road and weather conditions.

Because of all these factors, trucking accidents are unfortunately not uncommon. In fact, four truckers were involved in accidents in just one month on North Carolina highways. In all four cases, the trucks flipped over on the highway, causing serious damage and prompting officials to shut down portions of the road. Most recently, a trucker suffered minor injuries when his commercial vehicle overturned on US-52.

Officials say there may be many reasons that trucks flip over. If the weight of the cargo they are transporting shifts significantly, the truck can topple over. If weather conditions are particularly windy, a trailer can start swerving considerably and cause a truck to overturn. Speed and road conditions can also contribute to this type of accident.

In any type of trucking accident, a driver can be seriously hurt. Injuries can have a long-term effect on a person’s health and ability to continue driving. Unfortunately, pursuing compensation from third parties or workers’ compensation from employers can be a confusing process. In many cases, injured truckers can work with an attorney in order to pursue the financial support they deserve.

Source: digtriad.com, “HWY 52 Reopens After Tractor-Trailer Overturns,” April 9, 2013

Furniture manufacture is one of the industries in the state of North Carolina that employs many people. While it provides a good living for many, workers could experience an unintended side effect. Some who are exposed over a long period of time to the chemical n-propyl bromide, also known as nPB, are suffering from neurological damage. The chemical is found in the glue used to attach foam cushions.

Some workers who have experienced injury or illness as a result of exposure to the toxic material have successfully received workers’ compensation benefits. These workers have suffered from medical problems including:

  • The inability to stand or difficulty walking
  • Numbness in extremities
  • Spinal pain

The issues are due to damage done to their nerves.

Workers continue to be exposed to the chemical in large part because the Occupational Safety and Health Administration has not created guidelines regarding exposure limits to the chemical. Regular readers may aware of the role OSHA plays in keeping workers safe throughout the nation. In addition to creating safety standards, it also conducts investigations workplaces throughout the nation. These investigations are conducted for a variety of reasons including complaints about safety issues.

As a result of one of these complaints, one North Carolina furniture maker was the subject of an investigation in 2011. The investigation found that many were being exposed to levels of the chemical deemed to be dangerous. As a result, OSHA provided suggestions on how to improve the work conditions. None of the suggestions were implemented and workers continued to become ill.

Unfortunately, because OSHA has yet to adopt standards regarding the levels of chemicals workers can be exposed to it is unable to enforce any of the suggestions it has made regarding keeping workers safe. Such enforcement is often in the form of fines. Until this happens, workers in the furniture factory will likely continue to fall ill.

Source: The New York Times, “As OSHA Emphasizes Safety, Long-Term Health Risks Fester,” Ian Urbina, March 30, 2013

There are many circumstances under which a worker in the state of North Carolina could seek and successfully obtain workers’ compensation benefits. Instances leading to injuries need not occur at the actual place of employment. Recently the North Carolina Court of Appeals determined that a woman, who was injured at an off-site sales meeting, where alcohol was being served, was eligible to receive the benefits.

The woman, an office manager, was injured after attending a dinner hosted by her employer during a conference. Beverages containing alcohol were available for attendees to consume throughout the evening. Her injury occurred as she and some other people returned to the hotel which was located nearby. She fell from an escalator after climbing up onto its railing. The 30 foot fall occurred after the woman ran into a pillar.

The injuries the woman suffered in the fall proved to be fairly serious. In addition to injuring her head, she also suffered other injuries that led her to undergo surgeries. These injuries led the woman, who had by then moved on to a lower paying job, to apply for workers’ compensation benefits. Her former employer denied those benefits under the premise that her injury did not occur in the course of employment. The state court of appeals did not agree.

It determined that the woman was entitled to the benefits for the following reasons:

  • When a worker is travelling, an injury that occurs in the course of returning to one’s hotel is in the course of one’s employment.
  • Benefits may be appropriate when an employee is injured in part due to his or her intoxication, when the alcohol was provided by his or her employer.

The benefits she received were for temporary total disability.

Source: Risk and Insurance, “Intoxication from employer-provided alcohol doesn’t bar benefits,” April 1, 2013

There is likely a perception throughout the state of North Carolina that construction workers, or others who work in industrial settings, are the most prone to workplace injuries. The reality however, is while the injuries suffered in those types of workplaces are often very traumatic they are not the most common. Believe it or not, health care workers are the most prone to suffering an injury in the course of completing tasks related to their job.

A recent report issued by the Lucian Leape Institute at the National Patient Safety Foundation supports this. It found that compared to the private sector in which the illness and injury rate is 4.2 per 100 full-time workers, for health care workers the rate is 5.6. The report does not go into the reasons attributed for the higher injury and illness rate.

Health care workers who are injured or ill in the workplace are a problem not just for those workers, but for the individuals on the receiving end of their treatment as well. When such a worker is facing workplace conditions that lead to illness or injury, it is difficult for that worker to focus on the patient before him or her. This could ultimately lead to injuries to a patient as well.

As is the case in other occupations, when a health care worker is injured while at work, that individual may be able to seek benefits while he or she recovers, via a workers’ compensation claim. The nature and duration of such benefits when granted, varies depending on the severity of the injury and the amount of time necessary for recovery.

Source: Fierce Healthcare, “Hospital workplace safety means better patient care,” Alicia Caramenico, March 19, 2013

Most residents of North Carolina probably do not spend a lot of time thinking about the jobs that are held by young people in the state. Nonetheless, a fair amount of workers to whom child labor laws apply, are employed in the state. Recently, a study into the number of deaths involving these young workers in the state of North Carolina was conducted by researchers at a university in a neighboring state.

The study was conducted through the use of medical examiner records that were created in the 18 year span between 1990 and 2008. Researchers specifically looked at the records that involved deceased workers who were between the ages of 11 and 17 when they died while engaged in a work related activity. Violations of child labor laws were looked for and it was determined that more than 50 percent of the deaths investigated were due to those laws being violated. It is not clear what types of jobs they were engaged in when the fatal incidents occurred.

Despite these high numbers, very little information regarding these incidents is known to the public. Even many who are aware that such rules exist have no idea what they actually are let alone how to enforce them. Their plight is made even more difficult since agencies responsible for the enforcement of OSHA and child labor matters are often not involved in investigations into the incidents. This is problematic as it is difficult for safety improvements to be made if what needs to be improved upon is not clear.

Everyone who goes to work should be provided the safest work environment possible, regardless of one’s age. This is especially true in the case of adolescents who are usually not equipped to handle problems that could arise as well as adult workers might. Most would agree that employers need to take the necessary steps to keep all workers safe.

Source: Medical Xpress, “Study finds adolescents working in dangerous environments despite child labor laws,” March 19, 2013

  • Our firm handles similar situations to the one discussed in this post. For more information on these types of claims, please visit our North Carolina injured workers page.

With the recent time change due to Daylight Savings, it is likely that many in the Piedmont Triad area welcomed the addition day light toward the end of the day. While the impact of the moving the hands of the clock forward one hour is often deemed to be positive, the loss of an hour could have a negative ramifications as well. This is particularly true when it comes to its impact on workers. A study conducted several years ago supports this.

The study, which utilized data from the Bureau of Labor Statistics, determined that the first day back to work after the time change, most people got 40 minutes less sleep than usual. While in the scheme of things this may not seem like much time, statistics from the National Institute for Occupational Safety and Health, indicate that more workplace injuries occur on that day involving those who work in jobs considered hazardous–around 5.7 percent more. The injuries tend to be more serious in nature which translates into an increase of close to 68 percent more days of work lost by employees.

The reasons behind the increase in worker injuries are likely obvious. Workers who feel drowsy are unable to focus the way they do when fully rested, increasing the chances that steps routinely taken to keep a workplace safe will be missed. Perhaps not surprisingly, the same issues do not appear to arise in the fall when the time change results in workers getting an extra hour of sleep.

Source: Zanesville Times Recorder, “Study shows time change affects worker safety,” Jim Evans, March 16, 2013

No one gets up in the morning and heads to work thinking that he or she will be hurt while completing a task in connection with their job. Nonetheless, this does happen regularly in the state of North Carolina. Depending on one’s occupation, the injuries incurred can be serious. Most employers know that training is a vital component to maintaining a safe workplace. Accordingly, in many settings they are commonplace.

One location where training is very important is for those who work in warehouses. Many positions at these types of locations involve moving large objects from one place to another, often through the use of a forklift. When an accident involving one of these vehicles occurs the outcome can be serious worker injuries.

It is likely that training on how to operate a forklift is likely standard in most warehouse settings. Historically, trainings have been similar to what individuals go through to obtain a driver’s license. It focused on several components including time spent in a classroom, watching videos, watching forklifts in use and actual time behind the wheel of the forklift. Recently however a new forklift training method was developed.

The new training procedure incorporates the latest technologies and utilizes a 3D forklift simulator to provide virtual training. The tools used in the training are similar to what is used in many gaming systems-joysticks, steering wheels and pedal. The simulator provides training in scenarios that are often some of the most dangerous.

The idea behind the new training program is that its use will reduce the number of accidents and deaths that occur as a result of forklift accidents. Most North Carolina warehouse workers would likely agree that it is a good idea.

Source: OHSonline.com, “Virtual Reality Training Program Created for Forklift Operators,” Mar. 11, 2013

  • Workers’ compensation cases are often complex. Our firm provides counsel in these types of matters. If you would like to learn more about our practice, please visit our North Carolina industrial workers’ accidents page.