Do I need rehabilitation after an accident?
Treatments for accident-related injuries are often straightforward. Sometimes, doctors can prescribe medication for any pain caused by minor injuries. Other cases might involve moderate to severe physical harm, such as traumatic brain injuries (TBIs).
The damage caused by TBIs can be unpredictable, potentially causing unique health issues. These conditions may include memory loss, coordination problems and other disabilities. Some impairments, such as chronic pain, sleeping issues and poor vision, can be so severe that they can impact patients’ quality of life. These issues can also impede their ability to earn a living and perform basic tasks. Depending on their accompanying symptoms and effects, patients with severe TBIs could require extensive medical care and rehabilitation after the accident. These programs might be necessary to help patients recover their independence and address or manage their impairments, allowing them to live meaningful lives despite their circumstances.
Other factors can impact a patient’s ability to recover, including their physical health before the accident, the TBI’s severity and whether they have the support to persevere through their treatment. Even if they are in good enough shape for a full recovery, their healing can hinge on whether they can access the necessary medical and rehabilitation programs.
Seeking compensation for a full recovery
Medical expenses could be too costly for the average American to afford. In most cases, a patient might have no choice but to pursue compensation to have a chance at fully recovering, depending on the circumstances. If someone else’s negligence contributed to the accident leading to their TBI, they could file a claim or lawsuit. Doing so can also help them cover their tests, treatments, medication and long-term care, especially if their TBI led to disabling health conditions.
Is violence a threat to retail workers?
Retail appears to be a relatively safe industry, mainly because retail workers do not have to operate heavy machinery or risk exposure to toxic substances. Their primary responsibility is to cater to the needs of paying customers and sell their employer’s products.
However, retail workers are at a higher risk for workplace violence than other industries because they face new and unpredictable customers daily. Workplace violence involves shopping theft, sexual harassment and verbal abuse, not only assault and battery.
Why is violence a threat to retail workers?
Stores are easily accessible by design because they encourage people to go around and purchase products. Customers can come in with firearms and shoot unarmed employees. They can enter the store and easily walk out without paying for items. Customers are getting increasingly aggressive because they feel they are always right, and retail workers are afraid to retaliate.
Workplace violence in retail stores is growing even more rapidly than the national average. Retail workers deserve to work in a safe environment like all workers do. Employers should prioritize their employees’ safety by implementing stricter security measures.
Can retail workers receive workers’ compensation for violence?
The North Carolina Workers’ Compensation Act has certain conditions that retail workers must satisfy before claiming compensation attributed to workplace violence. The injury should have occurred because of an accident or unexpected event during employment and should have arisen out of employment. Injuries are not always physical. They can also be psychological.
Workers’ compensation cases can be very complex to navigate alone. A retail worker may be able to recover more than they initially intended, depending on the situation. They may even file a personal injury claim against the person who hurt them.
Do I have to work on dangerous worksites?
We all know that construction is a dangerous industry, and construction workers know this better than anyone.
As a professional, you may also know when a construction worksite itself is dangerous, which may lead you to wonder if you still have to work at such a site.
The simple answer is no. You do not have to work at dangerous worksites if they pose a danger of imminent harm. You can refuse to work in such conditions, but there are steps you need to take to protect yourself from harm and your legal rights, even for those classified as independent contractors.
Report the issue
First, you need to tell your supervisor or other team leader. of the imminent threat of harm. This should be done immediately verbally and in writing. Be specific about the hazard, why it is dangerous, and that this danger has stopped work. Ask for an alternative worksite or for the danger to be mitigated.
What if they do not respond?
If your employer does not respond, offer you an alternative worksite or mitigate the dangerous condition, you will need to report the issue to the government. In our state, that is the North Carolina Department of Labor, where you would file a complaint with their Occupational Safety and Health Division. Request an inspection by an OSH compliance officer.
Construction worker rights
In North Carolina, construction workers have rights, but you need to preserve them. You have the right to a safe and healthy worksite. You have the right to receive training on how to prevent and avoid workplace hazards. However, you need to use the provided protective equipment and follow the safety rules.
You also have the right to report all near misses and actually occurring workplace injuries and illnesses. And, your employer cannot retaliate against you because you exercised your rights. You must comply with OSH standards and regulations and cooperate with their investigations and inspection.
Punch presses are used to shape all kinds of materials for use, so they’re operated by workers in all kinds of different industries, especially manufacturing and construction – and they can be incredibly dangerous.
According to the Centers for Disease Control (CDC), roughly 49% of injuries caused by a mechanical press end up causing amputations.
Many hazards come into play in punch-press scenarios
Whether they’re mechanical or hydraulic-based, punch-press machines are responsible for a significant number of factory worker injuries for several reasons:
- High speed and force: Punch-press machines are designed to rapidly and forcefully shape, cut or form materials like metal, plastic, or paper. The high speed and force involved in their operation make them inherently dangerous.
- Operator error: Many injuries occur due to operator error, such as placing hands or body parts too close to the machine during operation, failing to follow safety procedures or not using personal protective equipment (PPE) correctly.
- Lack of training: Inadequate training on how to operate these machines safely is one of the major causes of accidents. Workers may not fully understand the risks associated with the equipment or how to use their tools properly – or they may become complacent after some time in operation and inattentive.
- Mechanical failures: Punch-press machines can experience mechanical failures, such as jamming or malfunctioning, which can lead to unexpected movements or objects being ejected from the machine. Poor maintenance can also contribute to this issue.
- Lack of safeguards: In some cases, the machines may lack adequate safety features or safeguards, like emergency stop buttons or interlocking guards.
- Repetitive motion injuries: The repetitive nature of the tasks performed with these machines can lead to stress injuries, including carpal or cubital tunnel syndromes.
- Production pressure: Factory workers can face a lot of pressure to meet production quotas or deadlines, which can lead to rushing and overlooked safety precautions.
If you have been injured at work while operating a punch press, it really doesn’t matter how it happened. What matters is how you can recover from your injuries and how you can provide for your family. Workers’ compensation benefits can help. Learning more about the benefits that are available can make securing rightful compensation a less arduous task. Seeking legal guidance is a good way to start.
A workplace injury can be painful and challenging to overcome, but it can also leave you facing significant financial challenges. While the workers’ compensation process might provide you with some relief, there’s no guarantee that you’ll recover the compensation that you need if you pursue a claim.
Commonly made mistakes during the workers’ compensation claim process
Sadly, many injured workers are denied the benefits they deserve because they make easily avoidable mistakes. You don’t want that to happen to you, which is why as you proceed with your claim, you’ll want to be cognizant of these common pitfalls:
- Failing to report your injuries to your employer within the timeframe specified by law.
- Neglecting to seek immediate medical treatment. This gives your employer and their insurance company room to argue that your injuries aren’t severe or that your harm was suffered outside of work.
- Refusing to seek recommended follow-up care, which, again, could give the perception that your injuries aren’t as significant as you claim them to be.
- Procrastinating in the filing of a claim. This could result in you missing your filing deadline.
- Falsifying symptoms as a way to buttress your claim.
- Getting caught acting in a way that doesn’t correspond to your accident injuries.
- Agreeing with your employer that you’re better off seeking coverage through your own insurance company rather than pursuing a workers’ compensation claim.
- Providing insufficient details about your workplace accident and your injuries to your doctor.
Don’t derail your claim by making an avoidable mistake
As you can see, there are a lot of ways that you can slip up when pursuing your workers’ compensation case. If you want to protect your interests throughout the process, act swiftly, but carefully.
As a form of insurance, workers’ compensation is quite comprehensive. It covers expenses related to an employee’s work-related injuries. It also pays for any lost wages and even provides benefits to the employee’s dependents if the injury leads to death.
But what happens if an injured employee already receiving compensation for a prior work-related injury suddenly dies? What happens to the rest of their unpaid benefits? If another work-related accident caused the death, is it compensable by workers’ compensation?
The unpaid balance gets paid
Per North Carolina statutes, the employer or insurer must pay for the unpaid balance if an employee receiving workers’ compensation dies from a cause other than the injury they applied for.
This can apply to cases where the employee dies outside work, such as in a motor vehicle accident.
The payments will first go to the employee’s surviving whole dependents (those who rely entirely on the employee for support), then partial dependents (those with means of support apart from the employee). If there are no dependents, the balance goes to the employee’s personal representative.
Death from another compensable injury
If the injured employee dies due to another compensable work-related accident, all right to unpaid compensation for the previous injury stops. Instead, the employee’s dependents will be compensated based on the latest injury.
This means the employee’s dependents will receive weekly compensation payments equal to 66 2/3% of the deceased employee’s average weekly wages. They’re also eligible for coverage for burial expenses up to $10,000.
Fatal workplace accidents are heartbreaking. The last thing a deceased employee’s dependents need is an unceremonious stop to benefits payments. If an employer or insurer decides to abruptly end paying benefits to a dead employee’s surviving kin, the dependents should consider legal counsel.
Chiropractic treatment for work-related back pain
Construction work is back-breaking work – both figuratively and literally speaking. Construction workers often must lift heavy objects as part of their jobs and occasionally find themselves in awkward positions, and both can lead to lower back pain.
There are various ways to treat lower back pain. Potential treatment methods include physical therapy and drugs such as pain relievers, muscle relaxants, antidepressants and narcotics.
But another alternative option that could help those suffering from acute back pain is chiropractic treatment. What does chiropractic treatment entail, and will workers’ compensation cover the costs?
What is chiropractic care?
Chiropractors treat musculoskeletal pains such as back pain through manipulation of the spine. The professionals use controlled and sudden force on a spinal joint or muscles to help reduce pain and release tension. Chiropractic treatment is so popular that 35% of the 22 million Americans see a chiropractor each year specifically for their lower back pain.
Apart from back pain, chiropractors can also help relieve neck pain, headaches, osteoarthritis and fibromyalgia symptoms.
Notably, chiropractors aren’t doctors but must still pass a chiropractic college to practice as one.
Can workers’ compensation cover chiropractic treatment?
North Carolina has provisions allowing employers to offer chiropractic treatment for their employees through workers’ compensation. However, there are restrictions.
By state rules, an employee is only allowed 20 chiropractor visits if they’re medically necessary. If the employee needs more, their chiropractor can request more treatment sessions from the employer.
The employer also has the final say on what kind of medical treatment an employee with a workers’ compensation claim will receive. So, suppose an employee wants to have their lower back pain treated by a chiropractor instead of the medical professional chosen by their employer. In that case, they must petition the North Carolina Industrial Commission.
The lifelong effects of a traumatic brain injury
Suffering a traumatic brain injury (TBI) represents a catastrophic event that changes the lives of victims and their family members. Over time, family members rallying around their loved one may notice specific changes in their personality, a common outcome after the accident.
Chronic traumatic encephalopathy (CTE) is common in young people, particularly those who started playing sports at much younger ages. Countless examples of high-profile professional athletes have also resulted in media stories, some highlighting the serious problem plaguing sports.
Studies reveal troubling trends
A study revealed that three-quarters of TBI victims feel like a different person post-accident, with changes to both their identity and personality. CTE involves damage to the prefrontal cortex that manages behaviors and regulates emotions. Frequently, the result is behavior that can be defined as impulsive and inappropriate.
More severe cases result in the commission of crimes. Brain injury experts encourage proactive approaches to identify individuals, screening them for concussions or brain injury. The outcome is a reduction in criminal activity, not to mention a decrease in re-offending, which can alleviate prison overcrowding.
The problem of TBIs going on without notice or medical care is the focus on visible injuries instead of damage not seen. Even more frustrating is the current technology that needs to improve in identifying TBI. Technology from an MRI may show normal brain images that are anything but ordinary.
The technology is available. Functional MRIs or diffuser tension images can provide a more detailed and in-depth that could show a brain injury. Sadly, the sheer costs of these imaging techniques limit their availability and much-needed access.
Can concussions be dangerous?
Getting into an accident could be overwhelming and stressful. These incidents could also be scary if they cause injuries, such as concussions. They are mild traumatic brain injuries caused by blunt force or impact, making the brain move inside the skull. Concussions can happen because of various accident types, such as falls and minor collisions.
Fortunately, they are usually mild and not life-threatening. Still, medical practitioners could consider it a severe injury because of its symptoms. Concussions typically cause the following health problems, affecting essential physical, mental and emotional functions:
- Dizziness and balancing issues
- Light or noise sensitivity
- Headaches
- Nausea
- Vomiting
- Vision issues
- Inability to think clearly
- Grogginess
- Mind fog
- Memory problems
- Anxiety
- Irritability
- Unusual mood swings
- Nervousness
- Sleeping issues
One or more of these symptoms could significantly affect the patient’s daily activities. Additionally, physicians might find it challenging to diagnose concussions properly. Their symptoms are common in other health conditions, requiring thorough diagnostic tests and assessments. They could include scans and tests focusing on potential neurological problems. Concussions could also make way for worse long-term issues, affecting the patient’s cognitive functions.
However, some specific symptoms could signify more severe injuries. These warning signs could mimic concussion symptoms but require more urgent and extensive medical care.
Knowing when to see a physician
Severe blood clots in the brain could develop and cause warning signs, including intense headaches, unconsciousness, excessive vomiting, uneven pupils, slurred speech and convulsions. These injuries could be emergency cases requiring urgent medical attention.
Due to these risks, seeing a doctor immediately after a fall or minor car accident might be vital. Doing so could help detect any underlying injuries and receive proper treatment if necessary.
Common hazards in poorly lit areas
You are probably aware of certain dangers you could face in parking lots and garages. For example, an unobservant driver in such close quarters could strike you while walking to your car. Another issue that makes parking areas unsafe is poor lighting and the inability to see well.
The following information may raise awareness of parking lot risks and improve your safety in dimly lit areas. If you have already suffered injuries in a lot or garage, it could help you tie your harm to negligence, potentially improving your injury compensation.
Trip hazards
You never know what might be lying in wait to trip you up in a parking lot. When lighting is sufficient, you can see obstacles and avoid them, but you may overlook something if you can’t see well. Unfortunately, tripping and falling could lead to severe injuries like broken bones or brain trauma.
Criminal activity
Whether they intend to rob or hurt someone, dark lots and garages are prime hunting grounds for those with a criminal mindset. Since commercial property owners must generally ensure user safety, you may have grounds for legal action based on negligent security.
Weather conditions
Of course, no one can change the weather, but property owners can implement safety measures to keep parking lots free of slip hazards such as pooling water or icy conditions. If they fail to do so, it could be a case of premises liability for those who suffer weather-related parking lot injuries.
You should not have to foot the bill for an injury caused by a property owner’s carelessness. Learning more about North Carolina negligence laws can help you obtain compensation that covers medical and other injury-related losses.
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