Now that the Super Bowl is in the history books, most people are turning their attention to other things. Workers’ compensation advocates, however, still have their attention firmly fixed on the NFL. The league’s shaky safety record, which has been called into question in recent years, has led to a number of players requesting workers’ compensation.
Unfortunately, due to the nature of league contracts, workers’ compensation is not always available in each player’s home state. For this reason, athletes from many states, including North Carolina, have been applying for benefits in California courts. The Golden State tends to have looser workers’ compensation restrictions, meaning players can receive compensation more easily.
This is true even if a player never even played for a California team. If, for example, a player spent his career working for the Carolina Panthers, but played a few games in San Diego, he could sue for workers’ compensation in California. This is because California law does not require players to prove that a particular injury was sustained within state lines; the court accepts claims based on the cumulative “wear and tear” received throughout an athletic career.
So, even if an athlete only played in California once, he or she could sue for workers’ compensation there. Lawmakers call it a “loophole,” one that is currently being used by approximately 3,000 ex-NFL players. California lawmakers say it is an abuse of state resources, and have vowed to take steps to prevent it during this legislative session.
Professional athletes have a very hazardous job, and they should not have to resort to filing in another state to receive compensation for their injuries. Just like all other employees, athletes are entitled to financial assistance whenever they are injured in the workplace, whether it occurs on a football field or on a factory floor.
Source: KABC-TV, “NFL players can file for CA workers’ comp thanks to loophole,” John Hartung, Feb. 1, 2013
Fatal mining accidents hit rock bottom in 2012
The federal Mine Safety and Health Administration released its 2012 review of mining accidents a few days ago, and it looks as if the agency’s renewed focus on safety has paid off. Just one shy of 2009’s record low number of mine workers killed on the job, 36 miners died last year in coal, metal and nonmetal mines. One of those deaths was here in North Carolina.
According to the Bureau of Labor Statistics, there were more than 5 million people in mining and logging jobs in North Carolina at the end of 2012. The mining industry in this state is changing, certainly, as it is everywhere. Nowadays, we are more likely to hear about gas drilling than coal and metal mining. But that does not mean that the safety of miners is any less important.
In fact, MSHA says that all mining deaths are preventable. And since the Upper Big Branch disaster in 2010, MSHA has stepped up enforcement efforts with mining companies; the agency has also worked to clean up its own operations.
The UBB investigation turned up deficiencies at the mine’s parent company and at MSHA. After overhauling the inspection and enforcement process and changing some rules that let companies put mitigation efforts on hold while appealing a citation, MSHA leadership believes that the industry is well on its way to being accident- and fatality-free.
The report also showed that mining companies have some work to do on improving training programs and standards for workers. More than half of the miners who died in 2012 were rookies, with less than a year on the job or in that particular mine. With better training for each task in a mine, the risk of accidents will decline.
Source: TribLive.com, “U.S. mining fatalities in 2012 near all-time low; Pennsylvania ends year with none,” Chris Togneri, Feb. 1, 2013
Our firm helps people who have been injured on the job in workplaces like the mines referred to in this post. If you would like to learn more about our North Carolina practice, please visit our Workers’ Compensation: Injuries and Issues page.
The widow of a contract worker killed on the job last week has leveled some harsh allegations at the company that runs the plant. In a press conference, the woman and her attorney said the incident was mishandled from the moment her husband died.
Her husband, 39, was part of a three-man crew cleaning out a “fume” tank at the Resolute Forest Products plant in Catawba, North Carolina. Some reports say the tank had been decommissioned. Regardless, a deadly chemical leaked into the tank while the men were inside. While two of the workers were able to escape, the victim was not. He died in the tank.
Investigators from the Occupational Health and Safety Administration and the county will work together to determine the cause of the accident. They will also, the widow hopes, look into what happened after her husband died.
She did not learn of the accident from a company representative, she says. Instead, she heard from a cousin that her husband had been injured. When she arrived at the plant, security guards would not let her past the gate; she says they bruised her arms in their attempt to keep her out. She eventually made it into the area where the accident had happened. (Sheriff’s records indicate the security team called for assistance when family members gained entry into the complex.)
Company employees continued to be hostile, she said. She snapped pictures of the accident site with her cell phone, only to have a worker seize the phone and delete the pictures.
In addition to her complaints about her own treatment, the victim’s widow told the press that workers are not trained properly at the plant. The allegation came less than a year after four men were injured at the plant in another chemical leak.
Source: WBTV 3, “Wife makes serious allegations against paper plant after contractor’s death,” Chris Dyches, Jan. 29, 2013
Our Guilford County, North Carolina, firm helps people in situations like the one discussed in this post. If you are interested in learning more about our practice, please visit our Workers’ Compensation Overview page.
With an increase in legal savvy among workers there has also come an increase in workplace safety and regulations. However, sometimes companies fail to adhere to the Occupational Safety & Health Administration’s (OSHA) recommendations and guidelines, or find it difficult to keep up with those regulations.
Whether or not Rana Meal Solutions LLC, a pasta manufacturer was just negligent in its application of those guidelines or was just not up-to-date on the latest regulations, they have now been cited for 12 serious violations of national safety standards and received $54,000 worth of fines. OSHA began their investigation after receiving a tip from workers at the manufacturing plant that they were working in a hazardous work environment and being exposed to unhealthy amounts of ammonia.
Of those 12 serious violations, eight of them revolve around the concerns related to the ammonia refrigeration process. Rana Meal Solutions has failed in properly addressing safety concerns as described in OSHA’s guidelines and has provided its employees and trainers with inadequate training to protect its workers properly. The facilities were also found to be lacking in emergency eye wash facilities and visibly accessible information regarding workplace safety and safety procedures when dealing with existing workplace hazardous materials.
The manufacturer also was cited for one minor non-serious violation when standing water was found on the facility’s floor. The citation was for a potential fall hazard being present without adequate signage and clean up to accompany it. Under OSHA policies, Rana Meal Solutions has 15 business days from receipt of the citations and fines to request an informal conference with OSHA’s are director or contest the investigation’s findings with an independent OSHA commission.
Source: ohsonline.com, “Pasta Manufacturer Cited for Ammonia Hazards,” Jan. 25, 2013
- For more information on North Carolina Workers’ Compensation resources due to a workplace injury or illness caused by a hazardous work environment, please feel free to visit our website.
Good news just surfaced for those working in high-risk industries in North Carolina. According to the state Department of Labor, North Carolina once again cracked the top ten in safest states in which to work in the United States for 2012. Even better, the state dropped its workplace-related fatality total by 34 percent from 53 deaths in 2011 to 35 during 2012.
The decline in workplace injuries that lead to fatalities is confirmation for the department and officials that their focus on preventing workplace injuries and accidents from occurring is working. In the past year, they have put forward more effort and resources at prevention programs while partnering with local industries in order to drop potential fatalities. The ultimate goal is to get to zero, but any step in the right direction, especially one so large is met with great optimism by the department.
Of the 35 workplace fatalities that occurred, all but one was a male victim and all took place in 25 of North Carolina’s 100 counties. The overall injury and illness rates for North Carolina are however “at an all-time low” of 3.1 per 100 full-time workers.” It appears that the state’s Department of Labor and their joint efforts with business and industry leaders is indeed making a difference in workplace safety when it comes to preventing fatal injuries.
While rates of fatal workplace injuries are falling, many types of workplace injuries occur on a regular basis. If you have suffered from an injury or illness from your work environment, please contact an attorney practiced in workers’ compensation law. Their knowledge and skill will assist you in determining the best legal options available to you.
Source: wral.com, “Work-related fatalities declining in NC,” Angie Basiouny, Jan. 14, 2013
Getting injured on the job or suffering an illness due to a work environment is never a pleasant experience. Those who have been through the difficulties that surround a workplace injury realize that it can sometimes be a long road to recovery.
What some North Carolina residents may not realize though, is the high cost of such injuries to the economy (roughly $250 billion) and also that one of the industries with the highest rate of injury is also focused on healing (healthcare). The healthcare industry ironically experiences some of the highest rates of workplace injury and illness within the United States.
As discussed in a previous post, there are many dangers within the healthcare industry and hospitals in general, with regards to workplace safety. These range from slippery floors to the speed at which healthcare professionals must work and respond to emergencies. Another area which we did not discuss earlier is the workplace illnesses that can arise when working in the healthcare industry.
Healthcare workers are constantly exposed to illness, medications, biohazards, as well as chemicals. Many of the patients that they care for may also be carrying contagious diseases, dangerous bacteria, and/or pathogens. With all of this in mind, it is no wonder that the healthcare industry is among the highest ranked industries for workplace injuries and illnesses.
If you work in the healthcare industry and you are unable to work substantially due to an injury or illness suffered during your employment, please contact a workers’ compensation attorney. Their knowledge and skill in assisting people like you will help them guide you through the process and give you peace of mind.
Source: melodika.net, “WORKPLACE INJURIES AND ILLNESSES COME AT HIGH COSTS,” Jay Gervasi, Dec. 19, 2012
Landfill accident’s initial ruling thrown out
At the ripe young age of 24, most think they are invincible and look at life and the future as full of endless possibility. For one young North Carolina man, those possibilities ended when he was involved in an accident at a landfill where he was working as a temporary employee back in 2010.
Since the accident that took the young man’s life, his mother has filed a workers’ compensation claim with the NC Industrial Commission, collected entitled benefits, and filed a lawsuit against the county for wrongful death and negligence. Her son died after being hit and killed by a trash compactor on the grounds of the landfill where he worked. While it was previously thought that the claims might be dismissed due to the workers’ compensation received and employer immunity do to the man’s temporary status, the NC Court of Appeals reversed the trial court’s dismissal on New Year’s Eve.
Initially, the mother and her attorney thought that the county would be immune due to government immunity. However, because the county landfill makes millions of dollars every year, that was not the case. If the mother now wins the case, she will be required to return the roughly $50,000 she received in workers’ compensation which would be deducted from whatever settlement she receives. Due to North Carolina law, the amount of the settlement will not be allowed to be disclosed, but sources feel that since it involves the death of such a young man, the amount will be of considerable size.
Workplace accidents are a horrible reality of industrial work environments. If you find yourself a victim of an industrial workplace accident, please contact an attorney practiced in the area of workers’ compensation law. As your advocate, they will be able to assist you in recovering monies available to your circumstances.
Source: shelbystar.com, “Landfill death ruling reversed,” Jessica Pickens, Jan. 15, 2013
In December, a nine-member Legislative Services Commission was entrusted with launching a study on North Carolina’s workers’ compensation benefit laws. Depending on the outcome, the state could be looking at either minor or major changes to the current benefits, wages, and tax policies surrounding the benefits.
As North Carolina’s Congress begins its study into workers’ compensation benefits, perhaps the panel should keep in mind the story of one man who fell off of a roof while at work and shattered both feet back in 2008. His employer did not have adequate insurance as required by state law and ultimately has failed to make the man financially whole in any way, shape, or form. The man is still owed over $70,000 in lost wages and is now disabled four years after the incident.
While he gets by on Social Security Disability (SSD), food stamps, and Medicaid, he is hoping that when the study comes out, that the state will modify its policies to reflect that of many of the states surrounding North Carolina. Other states provide for workers in this situation whose employers cannot pay the claim by providing a safety net fund.
That fund would be set aside for lost wages and medical bills to be paid quickly while injured workers seek the damages owed by their former employer. This would prevent injured employees from experiencing financial ruin on top of the physical and mental stress caused by the injury. When the employer is also broke, a safety net fund would greatly alleviate financial stresses for people in similar situations as the one described above.
It is estimated that over 30,000 employers who are required to carry adequate insurance do not. Reports have also found that it is difficult to track down these businesses and force them to comply with state law.
If you are having difficulty collecting on your workers’ compensation benefits owed or are just in need of assistance in filing the correct paperwork, please consult an attorney who practices in the area of workers’ compensation. They will be able to assist you in finding a remedy to your legal and financial difficulties.
Source: charlotteobserver.com, “Seeking help for hurt N.C. workers,” Mandy Locke, Dec. 27, 2012
Sometimes you have to take some risks in life and hope that those risks pay off in the end. Such was the case for one doctor who tried an experimental procedure that he had only heard about (not read about or attempted prior), when he reattached a Navy veteran’s arm after seven hours of it being detached.
The Navy veteran had severed his arm in a workplace injury and he nearly bled to death on his way to the hospital. By the time the veteran had met the doctor who would eventually give him back his arm and ability to play with his grandchildren, the arm had been detached for seven hours.
The likelihood of a successful reattachment for a limb goes down significantly the longer that limb is without blood. That is why the innovative doctor decided to try an experimental procedure that he had only heard about. To reinvigorate the arm with a new supply of blood and oxygen, the doctor transfused blood directly from the patient’s leg. Luckily, at that point, the veteran was in stable condition and no longer at risk for bleeding to death, but there was no guarantee that the procedure would be successful.
The reattachment surgery took a total of 18 hours, and after a year of rehabilitation, the Navy veteran now has almost full functionality in his arm. As he gains strength and adroitness in his muscles and his nerves continue to regenerate, he may one day be able to return to work. For now, he is content being able to hold his wife’s hand and push his grandchildren on the swing.
Source: khou.com, “
- For more information on North Carolina Workers’ Compensation resources due to a workplace injury, please feel free to visit our website.
Anybody working in a factory that operates in a streamlined system knows that efficiency and safety are important calculations that affect the company’s bottom line. Sometimes however, it is difficult to increase the two at the same rate and North Carolina companies must not sacrifice safety for the sake of efficiency. The problem with the poultry industry is that the U.S. Department of Agriculture (USDA) is asking those companies and line workers to do just that.
The USDA has just proposed an increase in line speeds that places the lowest wage earning workers at risk. An increase in line speeds could add to an already dangerous work environment. Line workers already struggle to keep up with the hectic pace of poultry conveyer belts and the USDA is now telling plants that they my increase those line speeds to 175 birds per minute.
In the past few years, the poultry industry has been able to reduce overall injuries, yet industry experts warn against assuming that this means that it is time to ramp up production. They worry that the new allowances will push the limits of what may be safe for the line workers and sacrifice standards that ultimately affect the consumers.
Poultry industry workers already suffer many injuries at the workplace due to the over 20,000 cutting motions they make in any given workday. Adding more birds per minute and expecting efficiency to increase may be risking too much too soon. Only time and experience will tell us whether the USDA or the industry workplace safety experts are right.
Source: Charlotte Observer, “New poultry rule could harm workers, advocates say,” Lindsay Wise, Dec. 18, 2012
- For more information regarding your rights in an unsafe and dangerous workplace in North Carolina, please feel free to visit our website.
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