News reporters throughout the state of North Carolina are used to telling the news, not becoming it. They travel around the state to cover stories as they happen. Earlier this year one North Carolina news reporter was seriously injured when as she stood outside reporting on a storm, she was hit by a car.
The car that struck the woman had collided with another one in a nearby intersection. Due to the bad weather, the traffic light that normally controlled that intersection was not working. The force of that impact sent one of the automobiles up onto the sidewalk where the 24-year-old woman was standing.
As a result of the incident the woman was seriously injured. Though recovering from injuries to various parts of her body including her back, pelvis and shoulder, she is not yet walking and must use a wheelchair to get around. She also fractured her skull. As a part of her recovery, the reporter is doing physical therapy.
The woman is not working while she recovers, though she expects to walk soon and plans to return to her job as soon as she is able. In the meantime, it is highly likely that she has applied for workers’ compensation benefits to help cover the expenses she is surely accumulating. The extent of the benefits available to her would be dependent on how the workers’ compensation commission evaluates her injuries.
These benefits must be applied for via a workers’ compensation claim. For a wide variety of reasons the claims are not always initially accepted. In these situations, injured workers often find the assistance of a workers’ compensation lawyer helpful.
Source: Charlotte Obeserver, “News 14 reporter saw the car coming,” Mark Washburn, March 15, 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 workplace injuries page.
There are many ways a worker could be injured while working. Each day workers throughout the state of North Carolina find themselves facing that reality. Some are hurt due to repetitive stress injuries. Others are injured due to falls. In occupations where large pieces of machinery are involved, workers may find themselves caught or parts of their bodies crushed. In still other situations, individuals are hurt when an object falls upon them.
The latter situation can arise in many different types of occupations including construction sites or tree cutters. Late last month a worker who was cutting trees in an effort to prevent an accident from happening due to them becoming entangled in power lines, was hurt when one of those trees fell upon him. The man survived the initial blow but despite efforts to save his life, sadly died at the hospital.
As this sad incident illustrates, falling objects can result in serious injuries to those involved. When a worker survives an incident such as this one it is likely that he or she will be dealing with serious injuries and face a long period of recovery, during which time it will be impossible to work. During this period of time the injured worker will continue to receive monthly bills as he or she did before the injury occurred. To assist injured workers with this, most employers in the state of North Carolina are required to purchase workers’ compensation insurance.
Injured workers can apply for workers’ compensation benefits via a filing. The process to obtain these benefits can at times be complex. For that reason many find it helpful to work with a lawyer who handles such matters.
Source: WSOC TV, “Worker dies at hospital after tree falls on him in Burke Co.,” Feb. 27, 2013
Recently neighbors to a powder coating services company were shocked to learn about the hazardous waste contained at the business. The waste was uncovered during an inspection conducted by state officials that was prompted by an anonymous tip. Among other things, a liquid described as corrosive was seen seeping into the ground.
While such a material could most definitely pose a risk to individuals living in the area who are exposed to it, what about the workers who handle it regularly? Officials for the state of North Carolina determined that in this case the business’ employees had not been properly trained to work with the material. As a result, the business faced fines from the state.
It is unclear whether any of those improperly trained employees developed an illness after being exposed to the material. While we often write about workplace accidents that lead to worker injuries, workplace illnesses are actually a bigger issue for most employers and employees. Depending on the hazardous material, a worker who is repeatedly exposed can suffer a wide variety of ailments including difficulties breathing, skin reactions and sometimes even infertility.
As is the case with injuries suffered in workplace accidents, workers who become ill due to conditions at their workplace may seek workers’ compensation benefits. These benefits are obtained via the filing of a workers’ compensation claim. In cases where the worker recovers in a short amount of time, any benefits granted could cover such things as lost wages and medical expenses. If the injuries are permanent, it is possible benefits will extend for a longer period of time.
Source: WSOC TV, “9 Investigates: Local companies fined for mishandling waste,” Kathryn Burcham, Feb. 21, 2013
While workplace injuries can lead to workers throughout the state of North Carolina missing time at work, it is even more common for workers to miss work to recover from illnesses obtained while working. When the illness is serious, and requires a longer period of time to recover, workers may be able to seek workers’ compensation benefits. Generally illnesses such as the flu that may have been acquired at work are not included.
Qualifying illnesses can be due to many factors in the workplace having to do with the physical conditions present.
Last month, many individuals, including some restaurant workers, sought treatment for Hepatitis A after another worker reportedly showed up at work while ill with it. So far over 300 individuals have sought vaccines against the illness. The number of individuals exposed to the disease is so high because the worker who had it worked at two establishments-a bar and a restaurant.
The illness is spread through close contact with the ill individuals or the consumption of food and beverages that has been contaminated by that individual. The spread of the disease could possibly be avoided through employees following rules regarding things such as hand washing set by an employer. If left untreated the disease can cause serious damage to the liver. Anyone exposed can possibly avoid becoming ill by obtaining a vaccination within 14 days of exposure.
It is unclear if any of the workers at either the North Carolina restaurant or bar have become ill due to exposure to Hepatitis A. If so, it is possible that workers’ compensation benefits could be available to cover the time during which they are recovering from the illness. It is designed to bridge the gap between paychecks while someone is unable to work due to something that occurred at work that should not have.
Source: WBTV, “Hundreds line up for vaccines after Hepatitis scare at local restaurants,” Feb. 19, 2013
The tragic school shooting that occurred last December was the latest in a series of violent events to take place in American schools. No matter which side of the gun debate you find yourself on, every parent in North Carolina and across the country agrees that something must be done to keep our children safe.
Each school district seems to be addressing the problem in its own way, but some are taking more direct action than others. In one recent case, a school employee suffered what most would consider to be a rather unusual work injury, given his profession. He was shot in the leg during a handgun training session sponsored by the school district.
Last month, the school board in one Texas district enacted a new policy allowing certain employees to carry guns on school property. At the time of the accident, the victim – who is a maintenance department employee – had just finished the handgun safety course. Another person was staying behind to work with the trainer when the gun they were using experienced a malfunction.
A statement from the school district says that “With the assistance of the instructor, the malfunction was addressed, but the gun misfired and the bullet ricocheted coming back to strike the (maintenance department) employee in the left leg.”
Thankfully, the man received treatment at the scene before being rushed to the hospital. He is listed in fair condition.
The story of this workplace injury is odd, but only because of the context in which it happened. Nonetheless, the man was injured in the course of employment and may soon be filing a workers’ compensation claim through his employer.
Source: USA Today, “Texas school worker shot in handgun training session,” Doug Stanglin, Feb. 28, 2013
While there is no such thing as a “good” work accident there are most definitely some accidents that have better outcomes than others. When it comes to industrial accidents, it is not uncommon for the end result to be catastrophic. In the worst cases, it may lead to death.
This was sadly the outcome in a North Carolina industrial accident that occurred this past weekend. A 35-year-old man was involved in an accident involving a saw. He reportedly became caught in the saw while working, suffering injuries characterized as traumatic.
Immediately following the incident at the cabinet shop, the man was transported to an area hospital. It was there that he sadly died. The fatal accident has prompted an investigation by Occupational Safety and Health Administration.
While it is certainly possible for workers in a variety of workplace settings to be injured, it is undeniable that certain occupations present a greater risk of such issues. Industrial settings seem to be one of those more risky workplaces. This is for a variety of reasons including the type of work being performed and the equipment used to accomplish the necessary tasks.
When a worker is injured in an industrial accident, and survives, it is highly likely that individual will seek workers’ compensation benefits while he or she heals. Once secured, such benefits provide a financial cushion so that the injured party can stop worrying about how bills will be paid, and focus on getting well.
Generally, the benefits continue until the worker is well enough to return to work in some capacity, possibly to a different job from what the worker previously held. In situations when the injuries result in a permanent disability, long-term benefits may be available. When these issues present problems, many find it helpful to secure the counsel of a workers’ compensation lawyer.
Source: WBTV, “Man dies in industrial accident in Lincoln County,” Feb. 23, 2013
While caring for, and in some cases, saving the lives of the patients for whom they are caring for, health care providers throughout the nation, including North Carolina, face hazards other types of workers can’t even imagine. One such group of individuals is those who provide cancer drugs to patients. Not surprisingly chemotherapy drugs can lead to health issues to those who are not patients but are exposed to the drugs on a regular basis. Among other things these issues include fertility problems and rashes.
These issues are due in part to difficulties in removing anticancer drugs from various surfaces where the drugs are located. More specifically, at this point there is not one single cleaner that can clean such surfaces.
It appears that researchers at University of North Carolina at Chapel Hill have created a product that can effectively remove the drugs from surfaces in a two step process. Called Hazardous Drug Clean, the product consists of packet of two different types of towlettes that when used in the correct order, can lift the anticancer drugs from the previously contaminated surface. The use of HDClean could reduce improve the safety for workers not only in hospitals and clinics where chemotherapy is administered, but in labs and pharmacies as well.
It is important that employers throughout the nation take precautions to protect their employees. Working to eliminate situations in which workers could become ill is part of that. When workers do become ill as a result of exposure to toxic materials, they may be entitled to workers’ compensation benefits.
Source: Health Canal, “Towlettes clean up difficult-to-remove anticancer drugs from surfaces,” Feb. 2, 2013
Dust more than just a mess in industrial workplaces
There are many factors that contribute to a dangerous industrial workplace. In addition to heavy equipment made up of multiple moving parts, by-products of the items being manufactured can pose problems as well. An issue that affects many industrial plants, undoubtedly including some in the state of North Carolina, is the presence of dust.
Dust can be found in a variety of industries including: pharmaceuticals, auto manufacturing, furniture and metals. While many think of it in terms of something that makes a mess, its presence can be much more dangerous. For instance, under certain circumstances the presence of combustible dust and aerosols can lead to explosions. In other situations the inhalation of dust particles by workers can lead to health problems such as congestion, headaches and chronic issues with ones upper respiratory system.
Recognizing the presence of dust in workplaces poses hazards, the federal agency responsible for workplace safety, the Occupational Safety and Health Administration, has created guidelines regarding levels of dust which workers can be exposed to. Employers can make sure that those guidelines are being met through methods such as using a high-efficiency filtration system to removed dust from the air.
Most employers would likely find these types of systems are worth it. They help keep workers healthy removing the need to make workers’ compensation payments and by meeting safety standards keep OSHA levied fines at bay. In addition, a lack of dust in the air is beneficial to industrial machines as well. This could keep production running smoothly leading to a greater profit.
Source: Plant Services, “Deadly dust,” Mike Bacidore, Jan. 23, 2013
- Our firm handles similar situations to the one discussed in this post. If you would like to learn more about our practice, please visit our North Carolina industrial injuries page.
Workers throughout the state of North Carolina expect to be able to do their job each day without suffering an injury. Because this does not always happen however, most businesses in the state are required to purchase a workers’ compensation insurance policy. When a worker is hurt while doing something in conjunction with his or her job, that individual may decide to seek benefits via a workers’ compensation claim. There are many instances in which this may be appropriate including situations where a worker must miss work to recover from an injury. In some cases such benefits are vital to keep a worker from financial ruin.
Readers of this blog may be aware of issues the state of North Carolina has recently experienced regarding its workers’ compensation system. Last year tens of thousands of businesses throughout the state were found to be in violation of the requirement of carrying workers’ compensation insurance. In some cases, employers were ordered to make workers’ compensation payments to injured employees but failed to do so. This left many injured workers in the lurch, undoubtedly with mounting debt.
The Industrial Commission does many things in state of North Carolina including determining whether an injured worker should receive the benefits sought. It is likely due at least in part to these issues that the North Carolina Industrial Commission will be overhauled. It is expected that six commissioners will be removed within the next few months. Whether the change will have the desired outcome for workers throughout the state remains to be seen. What is clear however is that injured workers should be at least afforded the opportunity to try to obtain workers’ compensation benefits.
Source: News & Observer, “NC legislators seek clean slate for embattled Industrial Commission,” Mandy Locke, Feb. 9, 2013
When a worker in the state of North Carolina is injured on the job, it may be possible for the injured worker to seek benefits via a workers’ compensation claim. There are many reasons these claims are not automatically accepted however. One of those reasons is the determination that the injury occurred while the worker was doing something outside the scope of his or her job. The North Carolina Court of Appeals recently ruled on this very topic.
A woman who fell during a lunch break, aggravating a previous knee injury, sought workers’ compensation benefits. She slipped on a piece of ice lying on the floor near the bathroom from which she was exiting. The ice was from a nearby ice machine. The woman’s employer sought to deny the claim based on the theory that it did not occur in the course of her employment. It alleged that the incident occurred while she was on a break, on a different floor from where she worked.
The North Carolina Court of Appeals determined that the woman was in fact entitled to workers’ compensation benefits for the injuries she suffered in the fall. There were several reasons supporting that decision including the fact that:
- The injury occurred within her work hours
- Her employer “essentially controlled,” the building in which the incident occurred
- The fall happened in an area of the building deemed to be a common area
As this case illustrates, it is not always easy to recoup workers’ compensation benefits. For this reason it is often a good idea to work with a workers’ compensation lawyer.
Source: Risk and Insurance, “Comp allowed for representative’s fall during unpaid lunch break,” Feb. 11, 2013
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