Attorney Blog

Fatal Work Accidents in North Carolina Trenches

Thu, 27 Oct 2011 08:00:00 EST

Trenches and excavations are everywhere on North Carolina's building sites. Very few construction projects can take place without digging holes and trenches to place underground wires, lines and tanks to supply power, communication, water, or chemicals to the infrastructure being built.

Construction workers are not eager to work in trenches and excavations. What they fear the most are cave-ins, but other potential work accidents are also present: electrocution or explosion when in contact with underground utilities, inhalation of toxic fumes, drowning, and more generally the unease of working in confined spaces. Their distrust is justified: The fatality rate for excavation work is 112% higher than the rate for general construction says the Occupational Safety & Health Administration (OSHA) website.

What should contractors do to protect trenching and excavation workers?

Through inspection before and supervision during the work, construction firms should make sure that:

A protective system is set up. Evaluate soil conditions and choose the appropriate system to prevent cave-ins. Get the most detailed plans of utility lines and test for low oxygen and hazardous fumes. Make sure all access roads are safe and accumulated water is drained.

Spoil piles and equipment are placed away from the excavation. The weight of spoils and equipment can cause a cave-in if placed too close to the trenches' edges.

Workers can safely access and exit the excavation works. In trenches or excavations more than 4 feet deep, workers need to have access to ladders, stairways or ramps.

The site is inspected daily. Work progress, a failure to follow instructions or a change in weather conditions may have changed the risk of work accidents which regular inspections can correct. Rainfall is one serious risk factor that may require new and drastic protective measures.

It is the employer's duty to follow OSHA's safety procedures and regulations and to make sure serious work accidents do not happen in North Carolina.

If you have suffered a work accident, call Accidental Injury Advocates Ltd. in Elizabeth City locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case. Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Order now his FREE lawyer book "The Nine Biggest Myths About North Carolina Workplace Injuries".

How to Deny a North Carolina Injured Worker Adequate Medical Treatment

Tue, 04 Oct 2011 08:00:00 EST

In a recent article on nurse consultants, who seek to minimize the financial impact of a claim instead of working on the full and speedy recovery of the injured worker, you had a glimpse of the extent to which North Carolina workers' compensation insurance carriers put their interests ahead of your right to health and work.

Why would insurance companies do anything to please YOU?

In the insurance industry at large, most of their clients have a choice. Clients will drop an insurance company that cheats and wiggles out of its obligation to pay a claim, and select another one that has better reviews and a solid reputation for conducting its business honestly.

When it comes to workers' compensation, the pressure that healthy competition would put on various insurance carriers doesn't work. You, the injured North Carolina worker, are not their client. You cannot influence their behavior. The insurance carrier's client is your employer who pays the premiums and doesn't want them to go up when serious work accidents lead to large claims.

This is why workers' compensation insurance companies get away with:

Nurse consultants who refuse adequate medical treatment because it is costly;
Hired guns doctors who are paid to make a diagnosis in line with the insurance carrier's standpoint, i.e. avoiding expensive surgery or lengthy rehabilitation;
The refusal of in-depth medical testing on the ground that it is unnecessary, which in turn allows them to maintain that there is no objective sign of injury;
Claims that your injuries are not causally related to the work accident.

The Industrial Commission has put expedited hearing procedures in place that allow you to fight back and correct abusive situations. The key to a successful outcome of these hearings is the preparation of your medical file by your attorney. A North Carolina workers' comp attorney experienced in medical issues will be able to know what questions to ask the doctor and how to deflect the insurance company's accusations or statements.

If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Latest Findings Show Work Accidents Highly Correlated to U.S. Economy

Tue, 27 Sep 2011 08:00:00 EST

Each year the U.S. Bureau of Labor Statistics comes out with a National Census of Fatal Occupational Injuries (NCFOI). For North Carolina workers and employers alike, the study is a valuable source of information on the evolution of workplace safety and where the highest work injury risks are located.

Total hours worked were up in 2010, contrasting with the declines experienced both in 2008 and 2009; however, some historically high-risk industries experienced declines or slow growth in hours worked. This reduced the weight of these high risk industries in total, and accounted partly for better work fatality rates.

Some preliminary finding of the 2010 NCFOI:

The number of fatal injuries among the self-employed decreased by 6 percent, more than the decline in hours worked, whereas fatal injuries among wage and salary earners increased by 2 percent in 2010;
Fatal work injuries in the private construction sector dropped by 10 percent, and are down nearly 40 percent since 2006;
Work accidents involving fires went from 53 in 2009 to 109 in 2010, the highest count since 2003;
Workplace homicides declined 7 percent in 2010 to the lowest level ever registered by the census, but the number of female fatalities increased 13 percent;
Fatal workplace injuries among police officers increased by 40 percent, from 96 in 2009 to 134 in 2010.
Work-related fatalities in the transportation sector decreased slightly from 2009 to 2010 but still accounted for nearly 40 percent of all workplace injuries in 2010;
The number of private sector oil and mining fatal accidents shot up 74 percent, from 99 in 2009 to 172 in 2010. The disasters of the Upper Big Branch Mine and the Deepwater Horizon oil rig accounted for a significant part of the increase.

Progress has been made in workplace safety but a large share of the work accident injuries and fatalities remain avoidable. Zero-tolerance must be the guiding principle among employers.

If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

How Does Vocational Rehabilitation Work in North Carolina?

Mon, 05 Sep 2011 08:00:00 EST

In a separate article on how to deal with Vocational Rehabilitation in North Carolina, the importance of playing by the rules and of making a real effort to get back to work was clearly outlined, as was the need to be assisted in the process by an experienced workers' compensation attorney.

When done correctly, Vocational Rehabilitation (VR) can be a great tool to help you get back to a professional life, even after a serious work accident in North Carolina has rendered you incapable of doing the work you once did. How does VR work?

VR is a program that supports the injured worker in his or her efforts to find a suitable job. The VR counselor will start with your job description, adjusted to your professional history, your qualifications and skills, and your latest medical assessments regarding your physical or mental restrictions. The various steps of VR include:

Training: Since you are likely to enter a new field of professional activity, because of your restrictions, you need to be trained. Training can also considerably widen and update your skills and increase your chances of finding a job.
Assistive Technology: If you are impaired, and your impairment can be reduced thanks to devices or tools, the VR professional will help you get acquainted with the technology.
Job Matching: This includes skill testing, vocational counseling, job testing and custom training.
Job Placement Assistance: You will be taught how to search for jobs, how to conduct interviews, how to understand wages and conditions, what to ask and how to reply.

Vocational Rehabilitation can make a huge difference to help you rebuild your life after a debilitating work accident. If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

How a North Carolina Work Accident Can Take Away Your Job AND Your Health Insurance

Wed, 31 Aug 2011 08:00:00 EST

Accidents at work in North Carolina can have dramatic consequences. If your injury qualifies as a work accident, you will be covered by your employer's workers' compensation insurance but these benefits suffer from serious limitations:

The compensation for your loss of wages is equal to no more than two-thirds of your average weekly wages, capped by a minimum and maximum limit;
The compensation for Partial Disability pays two-thirds of your average weekly wage during a number of weeks, depending on your impairment rating, even if your disability is permanent;
Your medical expenses are covered, but you cannot choose your doctor and your treatment, unless you ask and obtain a hearing with the Industrial Commission.

These are some of the reasons why victims of workplace accidents in Gates, Pitt, Camden, Tyrell, Bertie, Washington and Hertford counties often request the support of work accident attorney Joseph Miller who will help them obtain the highest and best compensation possible.

What happens with your own health insurance after a North Carolina work accident?
To make matters worse, many workers and employees in North Carolina have health insurance provided by the employer's group policy. The premiums are paid in full or in part by the employer, as part of their incentive to attract qualified personnel without inflating wages. When an injured employee is unable to work for an extended amount of time, the employer has, unfortunately, the right to cancel the payment of these premiums.

While the injuries resulting from your work accident are covered by the Workers' Compensation Act, you and members of your family may have other medical issues that were covered by your health insurance. Cancelling this policy could therefore have serious consequences.

Your employer must permit you to continue the insurance at your own expense, or you may get coverage at better rates through COBRA. In all cases, it is certainly advisable that you contact a dedicated and experienced North Carolina workers' compensation attorney in order to find out what the best course of action is.

If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Aiming for a Fair Compensation After a Work Accident in North Carolina

Thu, 04 Aug 2011 08:00:00 EST

The most important decision is made by you: How do you choose your legal representation?

What happens after a serious workplace accident in North Carolina can be a nightmare, with its potent mixture of grief, pain, suffering and anxiety. You will need a lot of strength to handle the sometimes daunting issues of medical treatment and rehabilitation, loss of wages, return to work, and in some cases, long tern or permanent disability.

Dealing with the complexity of the North Carolina Workers' Compensation Act, and the heartless, bottom line-focused approach of insurance carriers, you probably know that you need professional advice and support. How do you go about choosing the right workers' compensation attorney?

Follow these guidelines that will greatly increase your chances of making the right choice:

Choose a lawyer who is focused on North Carolina workers' compensation: A law office dealing primarily with personal injury, divorce or nursing home abuse will not have the accumulated experience and qualifications required to win your case. Check if the lawyer you are thinking of advertises under other practice areas than workers' comp;

Select a lawyer in your geographic area: If you live in Northeast North Carolina, work with a law firm from that same area, who will know the local courts, health care providers, employers and insurance adjusters. Select more than one law firm in order to narrow your choice at a later stage;

Look at the attorneys' websites: Find out what they know, what they say, what their clients have to say and get a feel of the kind of people they are: ruthless, ambitious, compassionate, dedicated, etc;

Meet the lawyers in person: Talk to them, and see if they are listening. Are their explanations clear? Do they understand your case well? How is their staff? How do they price their services? What is included, or not? Who will do what?

Settling quickly or fighting to the finish? Check what the attorney's litigation history is. Do they settle quickly (at your expense), or are they ready to go to the Industrial Commission to fight for your rights?

If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Safety Statutes Violations by Employer or Employee in North Carolina

Sat, 30 Jul 2011 08:00:00 EST

The North Carolina Workers' Compensation Act provides medical and financial benefits to workers who are injured on the job with the understanding that, if the case is compensable, there will be no discussion and certainly no litigation about who was responsible for the accident.

A narrow exception to this rule allows the compensable benefits to be increased or lowered by 10 percent, depending on who violated applicable safety statutes at work.

Failure of the employer

If the employer failed to comply with statutory requirements or any lawful order by the Industrial Commission, the injury or death of a worker could give rise to a 10 percent increase in benefits. The usual application of this rule is a case in which the employer has violated a compulsory OSHA (Occupational Safety & Health Administration) safety procedure. If, for instance, a worker is required to work in a confined space and is not given the respiratory equipment, oxygen measuring and alarm devices and assistance required by OSHA and the state, the employer may be found in breach of statutory duty and the compensation shall be increased by ten percent.

Failure of the employee

§ 97-12 of the Act also addresses the case where the injury is caused by the willful failure of the worker to use a safety appliance or to perform a statutory duty, or by the willful breach of any rule or regulation adopted by the employer, approved by the Commission, and brought to the knowledge of the employee prior to the accident. In these cases, the compensable benefits may be reduced 10 percent.

It is important to note that, should the workplace accident have been caused by the worker being intoxicated or under the influence of a controlled substance - not supplied by a work supervisor or prescribed by a physician - or by the worker's intention to injure or kill himself or another, no compensation will be payable.

If you have been injured at work, do not hesitate to submit your case to Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

What Should North Carolina Teens Know Before They Sign Up for a Summer Job?

Mon, 04 Jul 2011 08:00:00 EST

In a recent article, we gave some insight on why teen workers are more at risk of a workplace accident in North Carolina than more experienced employees, what sort of work they are banned from and how they are covered in case of a work accident.

The North Carolina Department of Labor (NCDOL) has a website where a work permit form can be downloaded, to be filled out before the youth can start working.

Employers hiring young part-time or temporary workers commit themselves to:

Provide a safe work environment
Provide adequate training
Provide adequate supervision
Provide rest periods and breaks, as required, and
Provide the necessary safety equipment and protective gear

Of course, teen workers also have responsibilities on the job. They are supposed to:

Follow safety rules and procedures
Use the safety equipment and protective gear
Ask questions when in doubt
Tell supervisors or parents if they feel unsafe or know of hazards at work

Workers aged less than 15 are also submitted to strict working hour rules. They are not allowed to work:

more than 3 hours on a school day
more than 8 hours on a non-school day
more than 18 hours during a week when school is in session
more than 40 hours during a week when school is not in session

More details are available on the NCDOL website.

If you have been injured at work, you may want to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

How Does the North Carolina's Workers' Compensation Act Deal with Truck Drivers?

Tue, 28 Jun 2011 08:00:00 EST

If a North Carolina truck driver is injured, while driving or performing other work for an interstate or intrastate motor carrier, the driver may or may not be an employee of said motor carrier. The truck driver could be an owner-operator, for instance, whose truck is leased by the motor carrier.

Is the injured owner-operator covered by the motor carrier's workers' compensation insurance?

Effective October 1, 2003, the statute provides that any contractor, irrespective of whether such contractor regularly employs three or more employees, who contracts with an individual in the carrier industry and who operates a truck licensed by the U.S. DOT shall be liable as an employer for the payment of compensation and other benefits on account of the injury or death of the independent contractor, due to an accident arising of and in the course of work covered by their contract.

The provision essentially states that workers' compensation coverage is required to cover truck owner-operators, even if they are deemed independent contractors under the common law of North Carolina.

The statute goes further, stating clearly that if the motor carrier does not have any workers' compensation insurance, the carrier is still liable to pay compensation and benefits, and this obligation is applicable even if the motor carrier has less than three employees.

Finally the precise wording of the statute makes the motor carrier responsible for the compensation of injured owner-operators and employees of sub-contractors to whom trucking activities have been contracted.

If the truck owner-operator works under his own individual DOT-license, however, any work accident compensation can only be claimed if the truck owner has taken insurance on his or her own account.

If you have been injured as a truck driver, you may want to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Describing Your North Carolina Work Accident

Thu, 02 Jun 2011 08:00:00 EST

Workers are exposed to hazards all the time, and in North Carolina alone, hundreds of them are injured every week. Workplace injuries such as falls, head injuries, electrocution, toxic fumes, burns or strained backs, can have a serious impact on a worker's health and ability to make a living.

In order to maximize your chances of receiving compensation, the cornerstone of your claim should be a detailed description of the accident.

In many cases, what happened is quite obvious or was witnessed by a number of people. In other cases, the injured worker was alone, or the cause of the accident and injury was not immediately clear. To make sure you can prove that you were the victim of a work injury, you need to follow these guidelines:

Report the accident as quickly as possible and in great detail, and ask for a written copy of your statement;
If necessary, gather statements from witnesses supporting your version of the event. Check if similar accidents have occurred in the past;
Add to your report any element pointing out the employer's responsibility in your work accident, like the absence of safety measures or protective gear, a lack of training or inadequate work tools. This may strengthen your case and weaken the employer's;
See a doctor, if necessary a specialist, who can determine the extent and nature of your injuries and might be able to back up your case in a hearing;
Discuss your health history and health file with your doctor to make sure there is no confusion between your workplace injuries and your physical condition prior to the accident.

If you have any doubt about the strength of your case, or if you face pressure or a negative reception when filing your claim, you need to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq. has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

What Happens When You Are Electrocuted?

Fri, 20 May 2011 08:00:00 EST

Electric shocks can lead to death, as we all know, but also to debilitating injuries. Electric power shocks are the one of the important causes of work accidents in North Carolina. Depending mostly on the power, the path and the duration of the electric shock, the following body systems of the injured worker could be affected:

Cardiovascular system: The shock could result either in asystole (absence of cardiac rhythm) or fibrillation (chaotic fluttering of the ventricles), both lethal if not treated immediately. Full recovery is possible if the voltage did not kill the victim instantly.
Respiratory system: The lungs are poor electricity conductors and are therefore less often damaged by electrocution, except when the current passes through the chest. This could result in tetany of the chest muscles and respiratory arrest. This could also be the case if the respiration-controlling brain area is affected and might require resuscitation.
Central nervous system: Victims of electrocution often collapse and hurt themselves by falling. This could result in broken bones, brain or spinal cord damage. The spinal cord may also be hurt if the current passes from hand to hand.
Musculoskeletal system: A prolonged tetany (muscle contraction) may cause muscle fiber breakdown and kidney damage. The body parts in contact with the power source and the ground or touched by the arc flash could be severely and deeply burned.
Other damages: The appearance of some injuries might be delayed and last for a long time, such as eardrum damage or cataracts. Many patients could also suffer from mental symptoms such as depression, memory loss or confusion.

After a work accident caused by electrocution, you have a right to compensation in North Carolina. Because of the complex nature of your injuries, it is advisable to consult with an experienced law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Offered a "Light" Job After a Serious Work Injury?

Wed, 04 May 2011 08:00:00 EST

Of all the work accidents in North Carolina we have handled, and we are talking thousands of them, the ones involving serious injuries very often lead to serious return-to-work issues.

Many jobs are demanding, physically and mentally, and injured workers having sustained severe injuries are often weakened, unable to get back to the top performance level they had before the accident came about.

Once the doctor has cleared you to go back to work, with restrictions, you could end up in an uncomfortable spot after only a few days or weeks.

There could be many issues with the light duty job assigned to you:

The duty was only light in the very beginning, and you were soon imposed more demanding tasks;
No matter how often you explain the doctor's restrictions and the scope of your "light" work, your supervisors only hear what they want to hear;
People have now forgotten what the restricted scope was when you returned to work, and no one seems to have a written description of your job;
Your refusal to perform certain tasks creates a negative reaction and you feel increasingly the pressure to do as you are told;
You are being threatened with reduced pay, fewer hours or even termination.

What should you do when your employer does not respect your restrictions and light duty work scope?

When you do return to work, make sure you keep a copy of your doctor's work restrictions with you. Make copies to hand over to those who are concerned. Ask the human resources department for a detailed job description of the light duty work you are assigned to.

This should allow everyone at work you are dealing with to understand what happened to you and what the agreement is. Keep them informed of any change and progress in your condition.

Try to do a little more once in a while, if you feel you can handle it without putting your health at risk.

If you are still the target of pressure or threats, you need to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

The Doctor Looking at Your Work Injury May Not Have Your Recovery at Heart.

Sat, 16 Apr 2011 08:00:00 EST

Paid by insurance carriers, some North Carolina doctors designated to examine your injuries under the North Carolina workers' compensation system will not hesitate to conclude that you are fit to go back to work, against all evidence.

Under a convenient system of "be kind to us and we shall be kind to you," these doctors get more clients from insurers as long as they do not diagnose severe injuries and recommend expensive treatments.

As a North Carolina workers' compensation attorney, we have had many cases of abuse by hired gun doctors who tell the injured worker any one of the following:

You did not get injured at work, there was no accident related to the injury;
This injury existed long before your "accident";
We cannot diagnose any injury, your pain is exaggerated or imaginary;
You don't need surgery, you can treat this with pain killers;
We declare you fit to go back to work.

For someone who is crippled by pain, who can't do his job because of a serious back injury, who is stunned by pain killers, whose orthopedic surgeon confirmed surgery was needed, and who waited for a decent treatment for many weeks, these sorts of no-appeal declarations come as a shock.

What is an injured worker to do if the hired doctor refuses to see the evidence?
You have a right to a hearing and review of your case with the Industrial Commission (IC). The conflicting opinions of your and the insurer's physicians will be heard and the IC will decide whose opinion prevails. This is where the choice of the doctor you are consulting is important, as much as your own medical record, past treatment and health history.

In most cases of conflict with decisions by the appointed doctor, it is highly advisable to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

NC Proposed House Bill 709-Some Thoughts

Thu, 07 Apr 2011 08:00:00 EST

© 2011 Joseph Miller, Esq.
The Proposed Bill recently introduced by business-friendly conservatives entitled "Protecting and Putting North Carolina Back to Work" is an amazing piece of Legislature drafted by some truly gifted elected officials.
I say it is truly amazing because these politicians, even without one day of medical school training, are apparently very well- studied experts in the medical field.
That's because the politicians in Raleigh and their insurance buddies know better than trained and experienced doctors. Even with no medical training whatsoever, they know better even than the approved, treating and board-certified Orthopedic Surgeon, Neurosurgeon, Rehabilitation Doctors, about the abilities of disabled workers to work.
Even if those doctors were hired by those same insurance companies to care for those disabled workers.

It's really quite amazing when you think about it. With no medical or rehabilitative training whatsoever, these elected officials, backed by their insurance company friends, have summarily issued a ruling, based on absolutely nothing except the notion that it may "play well" politically--- that unless you have half your limbs missing, are burned beyond recognition, or are essentially brain dead, you are presumed capable of working, even if all of your doctors say you are not. (see proposed section 8 (C) of the Bill).

And that 'ruling' applies, even if the approved, treating physician has given an opinion that based on the injuries suffered by the worker, they are permanently and totally disabled, and cannot work in ANY JOB, EVER.

Under the proposed Bill, those valid medical opinions that a worker is disabled are to be without any consequence whatsoever in the statutory scheme they have proposed. This is the case even with a worker being continually disabled and held out of all work by his approved doctors for 500 weeks, or about 9 years.
These political opportunists have 'decided' that this disabled worker, even if there is no medical evidence whatsoever supporting the idea that he or she can return to work, is not entitled to any presumptions or mention in the statute regarding their disability.

This is not only sad, it's disgusting and nothing more than a money grab by big business. The Insurance Companies, with their friends in place and in control of the legislature, see dollar signs. They are not interested in the facts or the supposedly conservative principles which they espoused to get elected.
That is because it is YOU, that taxpayer, who is going to pay the price when these disabled workers are going to be forced onto Medicare, Medicaid, food stamps, and social security disability after those 500 weeks are over.
Who in their right mind would hire someone who hasn't worked in 9 years and has been certified as disabled by every doctor they have?
What's more, those State and Federal programs don't have the crazy disability standards that the Republicans are proposing. Why?
Because the government was not supposed to be picking up the tab for workers injured on the job. That is why Workers Compensation Insurance and the Workers Comp Act were created in the first place.
That is why Employers pay workers compensation insurance. And the premiums in North Carolina, in terms of cost, are right in the middle. Not too high, not too low.
It's a good system. Workers get good benefits and Employers get a good deal, for a good price. Why mess with it?
Let's hope that the Hon. Governor Bev Purdue with her veto pen and the voters and reasonable elected officials see thru this for what it is--an unadulterated money grab and attempt at a bailout --by greedy Insurance companies----Companies that don't need a bailout, and never did.

If you have suffered a work accident, contact Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Filing a Claim for Employer Retaliation After a N.C. Work Accident.

Mon, 04 Apr 2011 08:00:00 EST

In a recent article we shared some insight on what constitutes retaliation and discrimination against employees who have filed, or intended to file a claim under the North Carolina Workers Compensation Act after having suffered an accident on the job.

The Retaliatory Employment Discrimination Act (REDA) protects North Carolina workers against the abuse of power of employers who might be tempted to threaten, fire, relocate or demote employees just because they have filed a claim for workers' compensation benefits.

Who can file a REDA complaint?

Basically, the injured employee or any person acting on his or her behalf.

Against whom is the complaint filed?

The respondent (the person against whom the complaint is filed) may be any individual, partnership, association, corporation, business trust, legal representative, state, city, town, municipality, local agency or other entity of government.

How is a REDA complaint filed?

The first step is to call the Employment Discrimination Bureau and inquire about the situation and the procedure. If appropriate, the form and instructions are mailed to the complainant. The signed complaint must be filed within 180 days of the last retaliatory or discriminatory act.

What happens afterwards?

The file is assigned to an investigator who will contact both the respondent and the complainant for facts, documents and statements.

If the conclusion is that there was no violation of REDA, the complainant is given a Right-To-Sue letter which allows him or her to file a civil lawsuit within 90 days of the date of the letter.

If there was a violation of REDA, the Department of Labor will attempt to eliminate the violation. If this fails, either the Department of Labor or the complainant may file a lawsuit in Superior Court.

In cases of discrimination or retaliation, it is highly advisable to consult with an experienced North Carolina workers' compensation law firm, like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Settlement of a North Carolina Workers Compensation Case: Permanent and Total Disability

Fri, 01 Apr 2011 08:00:00 EST

Permanent and Total Disability: Settlement of Your North Carolina Workers Compensation Claim

Blog 5

A Five- Part Series

In our previous blogs in this series, we were in the middle of discussing our fictional example of a 59-year-old permanently disabled worker, and the components that might go into any potential lump sum settlement of his or her case.

As one of the elements of potential settlement of the case, we were discussing Non--Medicare covered services, such as attendant care, and the various levels of care that might be required into the future, depending on the needs of the injured worker.

What are the likely costs of such care over the remainder of the employee' s lifetime?

As we discussed previously, it is imperative that we know these things, because if the settlement is insufficient, when the worker reaches a stage in their treatment where they require expensive, 24- hour care, they will have few options to pay for such care at that stage in their life, other than possibly state-sponsored Medicaid.

And in order to be eligible for the state-sponsored Medicaid, the worker would likely have to prove that they were completely indigent (i.e., broke) in order to be eligible for coverage. In addition, such care would likely take place in a facility that is substandard.

If the type of care is such that he can be performed by a family member, the North Carolina Industrial Commission has approved fees for family members performing attendant care recently in the neighborhood of $12 and $13 per hour. See, for example, Arce v. Mountain Wood Forestry, NC 571046, (Nov, 2008), upheld by COA in unpublished opinion, Jan, 2010, No COA09-490 ($12/hr); Yuckel v. Childress Racing, IC No. 538163 (March, 2010) ($13.00/hr).

Payment for skilled nursing services through an agency or service is a different matter. The Commission will approve the prevailing market rate in the community for such services. See, e.g. Yuckel, above. (approved rates of $18.72 per hour and $19.08 per hour for CNA attendant care, separate from rates for wife's care). Sometimes, these rates can be as high as $25 per hour, depending on the level of disability and care required.

So, now that we know this, let's get back to our example of the 59-year-old, privately disabled worker.

Let's assume, in our example above, that the Lifecare Planner has finished with her report, and states that and her estimation, the claimant will require three hours per day utilizing unskilled nursing care, for the next 10 years; however, after that, in addition to the three hours per day, the claimant will require an additional two hours per day of skilled nursing care.

Remember we said above, that the life expectancy tables show that the claimant has a life expectancy of 21.9 years.

So, according to the Lifecare Planner, looking at the first 10 years, if we use the rate of $12 per hour, at three hours per day, that comes to $252 per week, or $13,104 per year, meaning $131,040.00 for the next 10 years, to provide the claimant with attendant care.

For the remaining 11.9 years after that, that comes to $155,937.60; however, recall that the Lifecare Planner also said the claimant would require an additional two hours per day of skilled nursing care. Using a rate of $19 per hour, that comes to $266 per week, or $13,832.00 per year, which means an additional $164,600.80 in skilled nursing care.

If you add those figures together, namely, $131,040.00, $155,937.60, and $164,600.80, that comes to $451,578.40, representing a total lifetime cost of future attendant care and skilled nursing for the claimant for his work-related injuries.

Now add that figure of $451,578.40 to the previously- mentioned present workers comp wages figure of $308,014.20, and that yields

$759,592.60.

Note that the medical care figure is not reduced to present value, nor is it appropriate to do so, because of the likely increasing cost of health care over the next 20 years, which more than offsets any benefit to the claimant of receiving a lump sum.

So, the figure of $759,592.60 is fairly close to the amount that your attorney wants to shoot for in terms of settlement of your case.

Of course, every case is different, and everybody's comfort level in terms of what they might be willing to accept is also different. Much depends on how serious your medical condition is. As I often tell my clients, I cannot "sit in your skin." When you say "it hurts," I do not know what that means to you. Oftentimes, the insurance company will elect to disengage and not move forward with further settlement negotiations.

The beautiful thing is that the worst that can happen you choose not to settle is usually only that you continue to be paid to workers comp each week, and receive your medical care through workers comp.

Tuesday, April 5, 2011 Rally in Raliegh to VOW-Value our Workers-Fight the Bullies in the Legislature

Thu, 31 Mar 2011 08:00:00 EST

VOW, Now!
Value Our Workers, Now!

On April 5, 2011 injured workers and their families, friends and supporters are going to Raleigh to visit their legislators and talk to them about the importance of protecting injured workers and their families.

For those who cannot attend, we are sponsoring a call-in day. Call on April 5 and tell your legislator how you feel about changes to the workers' compensation system.

Big business, insurance companies and their lobbyists are pushing this legislation to cut their cost of taking care of injured workers. One of the most serious changes being proposed is to cut off workers' compensation even if the worker is still disabled.

Compensation will be stopped in most cases even if the worker has restrictions and the old employer will not take him back and even if there is no new employer that will hire the injured worker.

The insurance companies are also seeking to expand their control over your doctor. They are working on proposed legislation that will allow them to call, email or write your doctor without your prior knowledge or consent. Furthermore, the legislation requires only that they report the doctor's opinions but nothing about the new information or statements made about the injured worker to your doctor by the employer, insurance agent or defense attorney.

Don't let our state government bailout
corporations, big businesses and insurance companies while they cut off compensation to disabled workers and their families. When benefits are cut off to injured workers the burden of supporting these families shifts to the state's public benefits programs.

Our State budget cannot take on this burden, and neither can our taxpayers, when ultimately it is the responsibility of the employer and insurance company to protect their employees. Our economy needs to grow and for that to happen our working families need money to pay for their food, homes and cars.

Join us in going to Raleigh to talk to the legislators about this bill. On Tuesday, April 5th, pro-worker forces from across the state are holding a VOW (Value Our Workers) NOW! rally in Raleigh:

• At 11:00 a.m., injured workers, their families and those who care about them will gather right in front of the General Assembly on Jones Street. There is strength in numbers!
• For those of you who wish to visit the offices of your representative personally, information on how to locate their offices will be provided.
• Maps and additional contact information for your Representatives will also be available.

• For those of you unable to attend we are having a statewide call-in day and ask that you call, mail and email your Representative to let them know you are against the bailing out insurance companies while cutting off disability compensation to disabled workers.
It is critical that our State legislators are aware of how this proposed reform will impact the lives of injured workers in North Carolina. Don't let them put profit above the rights and well being of the injured workers, or those who may be injured, who help to make North Carolina the great state that it is.

If you have any questions contact:
Joe Miller, Esq. Toll Free 877-622-8656
or email at jmiller@ncworkersrights.com

Importance of Attendant Care in a Permanent and Total NC Workers Comp Case

Wed, 30 Mar 2011 08:00:00 EST

Permanent and Total Disability: Settlement of Your North Carolina Workers Compensation Claim

Blog 4

A Five- Part Series

In our previous blogs, we had begun speaking about a fictional 59-year-old, permanently disabled employee.

We have begun talking about the elements that might go into a potential lump sum settlement of that individual's claim, and we said that the first element was the present value of all future compensation to the employee.

And we did some calculations, and determined that this first element totaled $308,014.20.

Now, we need to talk about the components of the next element, namely, future medical care.

2. Future cost of medical care: Medicare-covered items. Remember we said that the next component was the future cost of medical care, and I mentioned that we must break that down as between items that would be covered by Medicare, and items that would not be covered by Medicare.

As to those items that will be covered by Medicare, that is really a separate matter, and although it is a very important part of your settlement, because it is something that must be paid by the insurance carrier in order to resolve your claim, and usually, by the time your attorney reaches negotiations, it is a foregone conclusion that the workers compensation carrier will pay or somehow fully fund the Medicare Set-Aside (MSA), in whatever amount they are required to fund it. Please see our article on Medicare Set-Asides (MSA's) at

http://www.ncworkersrights.com/library/medicare-setasides-msastheir-purpose-and-use-in-settlement-of-your-case.cfm for more detailed information on that.

The more important question is: Are there other significant future medical expenses that are not covered by Medicare, and would therefore not be part of any Medicare Set-Aside arrangement?

3. Non-Medicare Covered Future Expenses. Remember we said that in our example above, the claimant's doctor has stated that due to his injuries, the claimant will require assistance with activities of daily living. Remember we also said previously, that in certain circumstances, it may be appropriate to hire a Lifecare Planner. This is a very skilled professional, usually someone with special nursing training whose job it is to determine, in as much detail as possible, utilizing all their skills, speaking to your doctors, assessing your level of disability, reviewing the entirety of your medical records, and interviewing you in your home precisely what level of medical care, you are likely to need on a weekly basis for the rest of your life.

You may ask, isn't that going to be included in the MSA report? And the answer is, if it is something that you need at home, or even in a facility, if it is long-term, i.e. not just for a month or two, but for the rest of your life, according to the Medicare rules, unless you are completely homebound, Medicare does not cover long-term home healthcare services. Therefore, it would not be included in the MSA report, because it is a non-covered expense. Therefore, guess who has to pay for it? You workers compensation carrier has to, unless you completely settle your claim. Once you do that, then this expense is all on you. Therefore, it is imperative, before settling your case, to quantify the amount of long-term future care you will likely need, to the greatest extent that you possibly can.

As far as this kind of care of care is concerned, it really breaks down into two types. First, there is really the unskilled type of care, the kind which could be provided by a family member or spouse, commonly referred to as attendant care. This might include assistance with cooking, cleaning, dressing, and bathing.

Then, there is another level of care, which really is more appropriately provided by someone who is a qualified, skilled nurse, such as a Certified Nursing Assistant (CNA) that would be available through a service or agency. This is usually referred to as skilled nursing care. They may provide care such as providing injections, wound dressings, vacuum evacuation of the bowels, or other skills that are more appropriate to be performed by a professional.

In our next blog in this series, were going to talk a little about the potential costs of these services over the remainder of this fictional employee's life.

How is an FCE – test performed in North Carolina?

Tue, 29 Mar 2011 08:00:00 EST

What is expected from you during a Functional Capacity Evaluation?

When you are approaching or have reached Maximum Medical Improvement (MMI) after a work accident, the treating physician may order an FCE as one of the many tools to evaluate your ability to go back to work.

Under North Carolina's workers' compensation rules, returning to your previous job without restrictions, with restrictions, or with Permanent Partial Disability is a fundamental question likely to influence your future career and earnings a great deal. This means the FCE is to be taken seriously.

During the tests, you are expected to:

Give your best effort: All the parameters that are measured during the tests, including your indications about pain and difficulty, are treated by computer software that will highlight inconsistencies, contradictions and exaggerations.
Be specific about your pain level: You will be asked to rate your pain level on a scale, and to describe exactly where and when the pain occurs.
Stop performing the activities when they become unsafe: You are not supposed to return to work on tasks that you will give up after a few hours or days. You are also not expected to work in constant pain or in a situation where your pain keeps increasing.
Perform the tests without any pain killers or muscle relaxers: Unless your physician specifically told you to take them, make absolutely sure these drugs do not interfere with the objective measurement of your abilities.

A number of the movements or tasks you will be asked to execute could appear to you as irrelevant or unnecessary. They have been designed to tests your honesty in describing what you feel and measuring how you perform. Remember, these tests are sophisticated, and your best interest is to undergo them without any afterthought.

Getting adequate compensation and medical treatment after a workplace accident can be challenging. In case you doubt the fairness of your wage benefits, are upset with the medical care you receive, cannot accept your impairment rating or return-to-work option, contact today the Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Elizabeth City, North Carolina Workers Compensation Lawyer Blogs about Settlements for Permanently and Totally Disabled Workers

Sun, 27 Mar 2011 08:00:00 EST

Permanent and Total Disability: Settlement of your North Carolina Workers Compensation Claim

Blog 3

A Five- Part Series

In our previous blogs, we talked about the factors that might interest an insurance company and wanting to resolve the claim of a permanently disabled worker for a lump sum, as well as those factors that might discourage the insurance company from being interested.

In order to understand how a potential lump sum settlement of the permanently disabled worker might work, in this blog, we are going to begin to explore a fictional example of the type of case that might interest an insurance company and offering a lump-sum settlement in such a case.

Most of the time, settlement discussions will take place within the context of a mediation. Elsewhere on our website at www.ncworkersrights.com , we discuss the concept of mediation in North Carolina, its requirements, and some of our advice for success. Please see our information there.

So, how do we begin?

You remember, in the first blog in this series, we talked about the elements of a potential settlement being as follows:

1- weekly compensation rate, and the present value of that yearly amount over the entire course of the remainder of the employee's life;

2- The potential medical expenses that will have to be incurred by the comp carrier/employer over the remainder of the employee's life due to the employee's injuries.

a. Those future medical expenses that would eventually be covered by Medicare;

b. Those future medical expenses that are not covered by Medicare.

Well, assuming there was some interest on the part of the insurance company to resolve your claim, the first step would be to figure out the present value of all future compensation; however, since that is a mathematical calculation, it does not take very long.

When planning out a potential settlement, your attorney needs to take into account those things which might take the most time.

If your attorney waits until the day before your mediation to look into the items under 2, above, they are not going to have sufficient information to resolve the claim at mediation. Moreover, if it is determined that a Medicare Set-Aside (MSA) (see below) is required, there will be insufficient time to work one up, and everyone will have wasted a trip.

It is therefore very important that as soon as practicable, assuming that the worker is at maximum medical improvement, that there is sufficient information in place to make an estimate as to what the worker is looking at as far as the total cost of injury-related medical care for the remainder of their life.

Often times, but not always, this estimate of the cost of future care is accomplished with the hiring of someone called a Lifecare Planner, whose job it is to look at your medical records, interview you, perhaps interview your doctors, and give an estimate as to the cost of your future care, especially that type of care that would ordinarily not be covered by Medicare.

That is something that needs to be done as soon as possible. If the employee's Doctor recommends the involvement of a life care planner, in many instances, the defendants will agree to pay for the Lifecare Planner. If not, the attorney may be able to have the Industrial Commission order that the defendants pay for the lifecare planner, should the case not resolve.

Consideration of Medicare. In addition, as to the cost of your future care, it is very important to make a distinction as between what Medicare would cover, and what they will not cover. Why is this? Because today, federal laws and guidelines require that in entering a workers compensation settlement, insurance companies, and your attorneys, must take into consideration Medicare's interests. In other articles and blogs on this site, we get into more detail and describe the requirement of a Medicare Set-Aside (MSA), as well as future non-Medicare covered medical costs, and how they may play into your settlement.

A settlement example. For the moment, let's just take the following hypothetical example:

Let's assume that you have a 59-year-old man who is permanently disabled because of his work-related injuries. His weekly compensation rate is $450.00 per week. His doctor has said that his injuries are permanent, and it will worsen over time, and he has also said, in response to a letter from the worker's attorney, that he will require some assistance with his daily activities of living, on a permanent basis, due to his injuries.

So, we know that we have three components that we have to look at, let's take them one at a time:

1. Future Compensation for the Employee's lifetime. The present value of all of the compensation the worker will receive over the entire course of the remainder of the employee's life. In this scenario, if we look to the statute books, in North Carolina a 59-year-old man has a life expectancy of 21.9 years. So that's step one-get a life expectancy.

Step two is figuring out the compensation at a yearly rate. At $450.00 per week, times 52 weeks, this man is receiving $23,400.00 per year in workers compensation.

Step three, multiply the figures. Now if you multiply that amount times 21.9 years, that comes to $512,460.00; however, remember we spoke about present value. Let's get into that basis concept. Which brings us to step four.

Present value. What does that mean? Present value is a universally recognized concept that recognizes the following simple truth: For the worker to receive the entire amount of his future payments in lump sum is worth much more than simply receiving payments each week.

Why is that? Because the worker could take that money and invest in something very safe it and easily earn at least 5% per year on that money, eventually yielding much more than $512,460.00. If the worker were only receiving that $450.00 per week, they could never accomplish that type of return on investment.

Therefore, we must discount the lump sum to present value, which is a figure which is a true representation of receiving the ENTIRE LUMP SUM of $512,460.00 now.

The calculations are too complex to get into here, and are usually performed by an economist, but if you work it out, the present value of the $512,460.00 lump sum payment appears to be approximately $308,014.20.

So, we have the first component of the potential settlement for this hypothetical, disabled 59-year old worker.

In our upcoming blogs, we're going to look at the other components in our example, with a view toward getting to a final figure to shoot for in settlement of this fictional example.

Elizabeth City, North Carolina Workers Compensation Lawyer Blogs about Settlement of Permanent and Total Compensation Claims

Thu, 24 Mar 2011 08:00:00 EST

Permanently and Totally Disabled Workers: Settlement of Your North Carolina Workers Compensation Claim

Blog 2

A Five- Part Series

In our previous blog, we talked about the different kinds of North Carolina workers compensation cases. We explained that in this series, we were going to focus on those individuals whose injuries are extremely serious and permanent, and result in a situation where the employee is highly unlikely to ever return to any suitable employment.

In other words, we are talking about someone who is permanently and totally disabled from all work.

The first thing to remember is that unlike some other states, once someone is permanently and totally disabled in North Carolina, no matter what the job injury, North Carolina Workers Compensation law provides that they are entitled to continue to receive workers compensation coverage for their entire lifetime.

Other states, such as South Carolina, only reserve such lifetime payments for the most severely injured workers such as quadriplegics.

You will recall that in the previous blog, we were going to discuss what factors might cause an insurance company to want to pay a worker a large lump sum of money to settle, as opposed to those factors which might want to make the insurance company stick with the status quo and continue to simply pay weekly checks and pay for ongoing medical treatment.

Let's first talk about the type of case where the insurance company is more likely to simply stick with the way things are right now and pay the weekly checks and medical bills, and not be motivated to offer any lump sum to settle the claim.

Young Disabled Workers- less likely to settle. If the insurance company believes that the chances are that in the long run, it works out better economically for them, for a variety of reasons, to continue to pay the employee their checks and medical benefits on a weekly basis, then that is what they will do-they will not settle the claim.

For instance, let's take the case of someone in their 20's or 30's, and permanently disabled, but essentially stable in their medical condition. That means it is unlikely this person will need any type of expensive surgery in the near future. In that instance, more likely than not, the insurance company will simply continue to pay the weekly sums, rather than offer a large lump sum settlement. Why? Because with a young, disabled, medically stable employee, the amount of future benefits, for the remainder of their life, which is somewhere between 40 and 50 years, would be enormous, probably well in excess of $1 Million, and generally, workers comp insurance companies simply do not pay those amounts of money in settlement of a claim.

Another reason the insurance company would be unlikely to pay out such a large sum to a young, disabled, person is difficult to hear, but true-there are any number of reasons that the employee could die over the course of the rest of the employee's life. If that happened, it would obviously stop the medical treatment, and severely limit the remaining recovery for the worker's dependents, depending on the cause of death. (see information on death benefits, this website).

That sounds very "cold" and dispassionate, and it is. Remember, the folks with the authority to settle your case are not your employers who you may have known for years. They are employees of an insurance company, and they do not have any "warm and fuzzy" feelings about you.

So, in these circumstances where the disabled employee is young, the insurance companies will usually bide their time, and not consider offering a lump sum settlement until the employee is much older, assuming the employee makes it into old age.

Now, let's talk about a circumstance where the insurance company is more likely to be interested in settling the comp case for a lump sum of money.

Older disabled workers- more likely to settle. If the permanently disabled employee is older, say in their late 50s, or 60s, there is a much lower life expectancy, and therefore the present value of the amount remaining to pay that employee over their remaining lifetime is greatly reduced.

Although no one can predict how long someone will live, most insurance companies rely on tables of statistics that are available both on the federal level and on a state level that are actually in the statute books. These tables give us a general idea, based on all available data, as to how long a human being in this country can be expected to live, given their current age.

In addition, in these older, disabled workers, because of their age, it is usually more likely that the injuries related to the employee's work accident will require higher, and more expensive levels of care, which may include surgeries and/or home nursing or attendant care.

By offering a full and final lump sum settlement, the insurance companies reduce their risk of exposure to paying these high amounts of money for these surgeries or home nursing or attendant care, which can be very expensive. When you combine that with a much lower potential payout for the future compensation, you have a case that may be ripe for settlement.

Therefore, if you and your attorney both decide that settlement would be the best option for you, and there is a decent chance that the insurance company is interested in resolving your claim, it becomes the attorney's job to convince the insurance company that given your situation, it is in their best interests to settle your case, obviously, for as much money as possible. Obviously, the higher the figure, the better for you.

So, if you had an attorney, how would a potential settlement of your case shape up?

In our next blog, we're going to look at a fictional example of a poorly disabled worker who has the type of profile which might interest insurance company in resolving the claim for a lump sum.

Elizabeth City, North Carolina Workers Compensation Lawyer Blogs about Settlement of Permanent and Total Claims

Tue, 22 Mar 2011 08:00:00 EST

Permanent and Total Disability: Settlement of Your North Carolina Workers Compensation Case

Blog 1

A Five- Part Series

In other places on our website, www.ncworkersrights.com , and in my book, The Nine Biggest Myths About North Carolina Workplace Injuries, available for free download at that site, we have touched on the subject of what goes into looking at the potential value of your case in terms of settlement, and the factors that help establish that value of your potential claim.

In those places we've discussed that settlements, (or "clinchers" as they are known), of North Carolina Workers Compensation cases generally break down into three different kinds:

1. Partial Disability Claims-cases where the employee has returned to work because of their injury, but their doctor has given them a disability "rating" on the part or parts of their body they injured.

2. Combination of Partial Disability and Temporary Total Disability Claims-cases where there is a partial disability of one or more body parts, and the employee is able to return to some work, but may be unable to currently find work within their restrictions;

3. Permanent and Total Disability Claims---- cases where either the clear opinions of the doctors are that the claimant is permanently and totally disabled, or, because of a combination of the work injuries, age, skills, etc, the injured worker will be very unlikely to ever return to suitable employment.

In this blog series, I want to focus on #3, the instance where the employee becomes permanently and totally disabled because of his or her on-the-job injuries.

In determining the potential settlement value of a case where the employee is permanently disabled, we look generally at two main items:

1- The weekly compensation rate, and the present value of that amount over the entire course of the remainder of the employee's life;

2- The potential medical expenses that will have to be incurred by the comp carrier/employer over the remainder of the employee's life due to the employee's injuries.

a. Those future medical expenses that would eventually be covered by Medicare;

b. Those future medical expenses that are not covered by Medicare.

Obviously, these amounts are going to be affected mostly by the age of the employee, and the degree of treatment and care the employee needs on a daily basis.

Insurance company's choice to participate is voluntary. Because workers compensation is a "pay-as-you-go" system, any lump sum settlement is completely voluntary on the part of the insurance company, meaning there is really no legal way to "force" the insurance company to enter into a settlement with you.

You may say, well what about going to "trial"? Of course, if you had a right to a jury trial in your workers comp case, you would be able to say that.

But, unfortunately you do not. In most instances, if you go to a hearing in front of the Industrial Commission, unless there is a substantial amount owed in arrearage of TTD, all that The Industrial Commission is empowered to do is to decide whether or not you are entitled to continue to receive your weekly check and medical benefits, or not.

Because the settlement is voluntary, that means that there is really nothing you or any attorney can really do to force the insurance company to enter into a full and final settlement with you on your case. All they are obligated to do is to pay is your weekly compensation check, and your medical care related to your injury.

Why then, would an insurance company want to enter into a settlement with you--- meaning, pay a large sum of money to you to settle your case, if all they have to do is pay a few hundred dollars every week?

In upcoming blogs, were going to look at some factors that motivate insurance companies to settle with you, and in other instances, to actually avoid settlement and merely sustain the status quo by continuing to simply paying out your weekly checks and paying for ongoing medical treatment.

We are also going to look at some things that your attorney can perhaps do, depending on the facts of your case, to "demonstrate" to the workers comp insurance carrier that it would actually be in their best interests to resolve your claim for a large lump sum of money now, i.e., "clincher" your claim, rather than pay out your checks and pay for your medical treatment on a weekly basis.

Another look at back injuries in North Carolina's workplaces

Thu, 03 Mar 2011 08:00:00 EST

Many manual laborers engage daily in strenuous lifting, bending, pushing, pulling or repetitive use of certain muscles. This can lead to serious injuries that are different from the typical accidental injuries because they appear without the fortuitous event that causes the worker to be hurt or killed.

Under North Carolina’s Workers’ Compensation law, the legal standard to prove that you suffered a spine injury at work is more worker-friendly than the standard applied to other accidental injuries. Back and neck injuries can be covered not only if the worker suffered an accident, but if he or she was hurt in a specific traumatic incident.

Applied to spine injuries, an accident can be any unusual condition of work or event that causes the injury. This could mean a typical “trip, slip and fall” accident or anything that is “out of the ordinary routine”, like starting a new task, carrying a heavier-than-normal load or overexertion.

On the other hand, a specific traumatic incident does not have to be an accident as described above, but could be an unusual sensation in your back that becomes painful a little later. If a doctor is able to diagnose what happened to your spine at that moment, you should be able to get compensation.

Spine injuries can have crippling effects and can lead to partial or total disability if they are not taken care of in time. A herniated disk can be treated with therapy, injections, medications and rest. Sometimes, employees with back injuries will have to go through surgery to get relief and recover their full abilities. This is why it is so important to seek advice from an experienced workers’ comp attorney.

If you have hurt your back at work, contact the Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us today locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

A positive approach to employee work safety and health in North Carolina.

Sat, 05 Feb 2011 08:00:00 EST

When a North Carolina employee is hurt at work, or becomes unable to execute his or her job because of debilitating pain, our system of workers’ compensation offers only partial relief.

In many cases, the support of an experienced workers’ comp attorney like Joseph Miller is required to make sure that the injured employee gets the full benefits for lost wages, disability and medical expenses, while receiving adequate medical treatment and a fair chance to return to work. Even so, both the worker and his or her employer will agree that the win-win solution is to prevent accidents and occupational injuries.

Attorney Joseph Miller’s FREE book restores the truth about Workers’ Compensation in North Carolina. Download now: The Nine Biggest Myths About North Carolina Workplace Injuries, which answers all the questions you have about workplace injuries, claims and benefits.

Some occupational safety and health specialists firms are now offering employee physical training services that mark an important step in the fight to reduce work injuries. Some employers take them up on their offer because of the many advantages to their workers and company.

How does Employee Physical Training (EPT) work?

EPT looks at the repetitive tasks employees perform, and at the injuries and days of absence resulting from either accidents or growing pain. After the analysis phase, EPT offers the employer, for those workers who perform tasks more subject to injury and pain:

A personalized plan to improve their physical health and safety;
Advice and training to reduce and remove the pain when performing job tasks;
Training to increase strength and function of specific body parts;
Tracking and reporting of the health issues and injury rates.

Some EPT companies even offer services to help employees with active claims and return-to-work programs. For employers, the advantages are obvious: lower workers’ comp insurance costs, higher productivity, better communication with employees, better company image and employee motivation.

We hope that a greater concern for workers’ health and safety will spread to all workplaces, because North Carolina workers are still at a high risk of being hurt at work. If you have suffered a work accident, contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Preventing lumbar injuries to North Carolina's nursing homes employees.

Wed, 02 Feb 2011 08:00:00 EST

Back injuries account for one of every five workplace injuries or illnesses, according to the Bureau of Labor Statistics. Nurse aides working in hospitals and nursing homes will not challenge these findings, as they are aware that the daily lifting, moving and transferring of residents, often in a confined space or awkward position makes them particularly vulnerable to back and neck injuries.

Despite improving work conditions as nursing homes install more and better lifting devices, the daily work routine of nursing home employees in North Carolina is still one of lifting, pushing, pulling, rubbing and bending over beds or bathtubs. The frequent result is back pain, and more particularly lumbar or lower back injuries.

What causes lower back pain?

Lumbar pain is caused by the inflammation of soft tissues when the lumbar spine is strained or sprained. The inflammation is often very painful and can cause muscle spasm.

Lower back injuries can be debilitating and force the patient to remain in bed for several days while causing intermittent symptoms for weeks.

Who is more likely to have lower back strains and sprains?

The number one cause of lower back injuries is of course the type of work or activity. Most of the time, injuries can be prevented by developing adequate lifting techniques. Apart from the nature of the activity, there are well known factors that contribute to lumbar injuries:

Poor physical health and strength (weak muscles);
Obesity
Smoking

Attorney Joseph Miller’s FREE book restores the truth about Workers’ Compensation in North Carolina. Download now: The Nine Biggest Myths About North Carolina Workplace Injuries, which answers all the questions you have about workplace injuries, claims and benefits.

If you have been hurt at work, or if you are suffering from debilitating back pain due to your work, you may need the help of an experienced North Carolina workers’ comp lawyer in order to protect your rights to medical and financial benefits.

Contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Workplace injuries and illnesses in North Carolina's offices are on the rise.

Fri, 14 Jan 2011 08:00:00 EST

Office work is not normally associated with job accidents. However, with more and more people in North Carolina working in administration, marketing, telesales, IT, engineering or finance, there has been a surge of office workers’ illnesses and injuries.

Attorney Joseph Miller’s FREE book restores the truth about Workers’ Compensation in North Carolina. Download now: The Nine Biggest Myths About North Carolina Workplace Injuries, which answers all the questions you have about workplace injuries, claims and benefits.

In a recent article we have discussed the growing concern of Repetitive Motion injuries caused by constant motion repetition, unnatural movements, incorrect posture, muscle fatigue or overexertion.

Of course, office workers are subject to slip and falls, or could get hurt hitting an open drawer, but there is now a growing concern of a different nature: Building Related Illnesses (BRIs).

BRIs affect people trapped indoors for hours on end in hermetically insulated buildings with improper heating, cooling and ventilation systems. BRIs can have various causes, like:

Recirculation of heated (or cooled) air with insufficient fresh air intake;
Pollutants such as adhesives, carpeting, paint, wood products or cleaning agents;
Contaminated outside air taken in;
Biological contamination by fungi, yeast, bacteria or viruses accumulating in the air conditioning and distribution system.

When the building occupants frequently complain of headaches, eye, throat or nose irritation, dizziness or fatigue, you know that there is a problem with the indoor air quality, especially if most people feel better as soon as they leave the building. But for some employees, with a weaker constitution or a greater sensitivity, BRIs can become repetitive and debilitating and get to the point where they become unable to work.

If you have been hurt at the office, or if you are repeatedly getting sick in your office environment, you may need the help of an experienced North Carolina workers’ comp lawyer in order to protect your rights to medical and financial benefits.

Contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Falling through a floor opening: the dangers of construction sites in North Carolina.

Sun, 02 Jan 2011 08:00:00 EST

A few of the National Institute for Occupational Safety and Health (NIOSH) headlines for fatal construction site accidents read as follows:

Worker dies after fall from step ladder while cleaning windows - North Carolina
Laborer dies after falling through a second story floor opening in a single family home under construction - North Carolina
Carpenter’s helper dies after crane boom fell on him during disassembly - North Carolina
Construction worker dies after being run over by a bulldozer at a commercial construction site - North Carolina
Worker dies after falling from a pile of construction debris in the bed of a trash-style body truck to a paved driveway below - North Carolina
Laborer dies after footing collapse - North Carolina
Flagger dies after being run over by a dump truck - North Carolina
Chain saw operator dies after being struck by excavator bucket during site clearing - North Carolina

The accidents mentioned above resulted in the worker’s death, and far more construction accidents led to injuries, some of them very serious, leaving the worker permanently disabled.

We have mentioned in a recent article that more work accidents happen at construction sites in North Carolina than in any other industry. Why are there so many accidents on building sites? Studies have concluded to a variety of reasons, but most of them boil down to a few major causes:

Many building contractors are small firms, employing few workers, part of them on limited time basis, lacking safety procedures, training and supervisors, and struggling with the cost and burden of an ever increasing load of safety regulations.
Buildings are constructed in height and have foundations. This leads to a high risk of falling from a higher level or into a hole, especially since the site is a work in progress, ever changing and lacking the safety features (lighting, warnings, rails, guards, etc) of finished edifices.
Even on the best organized construction yard there is chaos, at least when compared to a manufacturing plant. Constantly changing teams of workers, circulating loaders and trucks, new scaffolds and elevators, moving concrete mixers and additional construction material stocks, confined on dirt soil into a narrow space are all accidents waiting to happen.

If you or a loved one has been injured at work, you may need the help of an experienced North Carolina workers’ comp lawyer in order to protect your right to medical and financial benefits.

Contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Disfigured in a North Carolina work accident? The Commission decides how you are compensated.

Tue, 07 Dec 2010 08:00:00 EST

Sometimes, injured victims of North Carolina work accidents will not fully recover their previous physical and mental abilities, which will leave them in a state of anxiety and distress about the future. This is often the case with head injuries. In a recent article about work related head and brain injuries in North Carolina, we showed how important it was to have the injury correctly diagnosed and classified.

Some head injuries, sadly, leave permanent marks that are going to greatly affect the injured worker’s ability to enjoy life and find work.

This is the case of serious facial or head disfigurement.

The ability to find work will, of course, influence the recognition of the worker as being permanently, totally or partially disabled and receive the corresponding benefits. But when a person has suffered serious facial or head disfigurement, the courts have ruled that the Commission will have to award fair and equitable compensation.

The law gives the North Carolina Industrial Commission the discretion to award compensation for bodily or head disfigurement. Whereas bodily disfigurement benefits can be refused, “proper and equitable compensation” will be granted for head or facial disfigurement, but this is however capped to a maximum amount of $20,000.

If the worker has lost an eye, and when an artificial eye cannot be fitted, the Industrial Commission may consider this to be a “serious facial disfigurement” and award up to the maximum amount of $20,000.

Another court decision has ruled that the compensation awarded for serious facial disfigurement should take into account the natural physical handicap as well as the age, training, experience, education, occupation and adaptability of the worker to find and keep a new job.

Lastly, if the facial or head injuries leave the worker permanently and totally disabled, there will be no separate compensation for disfigurement.

Those who have been seriously injured at work will probably need help and expert advice in order to get the benefits they are rightfully entitled to.

Contact the Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us today, locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

If you lost a loved one in a work accident in North Carolina, your compensation is limited in time

Thu, 02 Dec 2010 08:00:00 EST

Whereas lifetime compensation may be offered if an injured worker is declared to be totally disabled, this is not the case if the worker is killed in the accident or dies subsequently from his injuries.

Under NC Workers’ Compensation rules, the surviving spouse, children or dependents of someone who died in a work related accident will be entitled to death benefits equal to two-thirds of the deceased worker’s calculated average weekly wage during a maximum period of 400 weeks. In the United States, 33 states have extended these benefits to the lifetime of the surviving spouse, or until his or her remarriage. In North Carolina, the lifetime provision only applies if the widow or widower is disabled. When the benefits are allocated directly to a dependent child, they are payable until the child reaches the age of 18.

Sometimes, the death of a worker injured on-the-job occurs weeks, months or even years later. The law in North Carolina will admit a death claim for occupational injury or illness up to six years after the accident or up to two years after the worker has been declared disabled.

Death benefits, even when limited in time, can be crucial to the bereaved family’s capacity to rebuild their lives after the loss of a loved one. The manner of calculating these benefits and deciding to whom and for how long they will be paid are complex issues. This is where an experienced North Carolina workers’ compensation attorney like Joseph Miller, Esq. can make a great difference and give extremely valuable advice.

Don’t make any wrong assumptions, get the facts. In attorney Joseph Miller’s new FREE book The Nine Biggest Myths About North Carolina Workplace Injuries you will find the answers to all the questions you have about workplace injuries, claims and settlements. Download this free book now.

Contact Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us today at 757-455-8889 or toll-free 888-694-7994, or send us an e-mail for a FREE, no commitment discussion of your case.

The claims adjuster would like to settle and close the file.

Mon, 29 Nov 2010 08:00:00 EST

Your question is, of course, should you do it? Our first comment would be that a claims adjuster does not work for you and his or her goal is certainly not to solve your problems. The insurance company pays this person. You should therefore approach the settlement proposal with extreme caution.

There are many questions to answer before settling with the insurance company:

If you suffered a temporary disability, and your injuries have been well-treated, and you are absolutely sure that you won’t need any medical care related to this accident in the future, then you could consider closing the deal with the insurance company, provided that:

You have all the details of your temporary disability compensation calculation (average weekly wage, waiting period, days lost) and you fully agree with them;
and you have an “independent” doctor’s statement that your injuries have healed and you are sure that there are no more medical bills to pay.

If you suffered a permanent disability, will the claims adjuster’s settlement proposal compensate you for future medical expenses, rehabilitation and lost or reduced wages? How is the impairment rating calculated? What are your prospects of finding a suitable job? Consulting with a workers’ compensation attorney is generally recommended, because you need to base your decision to settle on solid advice. The consequences of aiming too low can mean a lifetime of ruin and misery.

Don’t settle if you are not sure. A FREE consultation with Elizabeth City workers’ compensation attorney Joseph Miller will give you peace of mind and help you make the right decision.

Contact Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail to discuss your case.

Be sure to order your FREE copy of the book, The Nine Biggest Myths about North Carolina Workplace Injuries.

What is Impairment Rating and How Does it Work in North Carolina?

Fri, 12 Nov 2010 08:00:00 EST

Many serious workplace accidents have permanent consequences. Victims with such terrible injuries will not recover their health and bodily functions the way they were before the accident. Many have lost a limb, suffered a crushed foot or endured back injuries that will impair them for the remainder of their life. After medical examiners have declared them to be at Maximal Medical Improvement (MMI), the benefits they will receive for their Permanent Partial Disability (PPD) depend on their impairment rating.

MMI means that, while ongoing medical care may be needed, no further interventions to improve the patient’s status are anticipated.

What is “impairment rating”?

It is a number taken from the American Medical Association’s (AMA) Guide and assigned to your injury to define the benefits you are entitled to. The AMA Guide is supposed to measure and describe the injury in such a way that your impairment rating (IR) is found without too many discussions and disagreements between the parties. In certain cases, the doctor or therapist will conduct a number of tests to determine your IR. The rules on how these tests are conducted are very strict; this is to discover whether you are trying to get a higher IR producing less than your best effort. The IR ends up being expressed in a number of weeks during which you will receive the benefits to compensate for your disability. For instance, with a maximum number of 300 weeks of compensation for a 100 percent disability, an IR of 25% means you will get 75 weeks of benefits.

Once I know my IR, how is my PPD compensation calculated?

It depends on what kind of injury you have sustained. There are two types of injuries leading to your PPD:

Scheduled (also called Extremity) Injuries: injuries to the hand, arm, leg, foot, vision or hearing for which the main element of your compensation will be the IR-based number of weeks times the admitted weekly compensation.

Unscheduled (also called Whole Body) Injuries: for injuries affecting your back, neck, shoulder, brain, torso, lungs, nerves, the compensation will be based not only on your IR but will also take into consideration your age and previously earned wages.

What happens if I am declared 100 percent impaired?

If you are declared by the accredited physician to be permanently and totally disabled (PTD) you will be entitled to lifetime compensation based on two-thirds of your wage, which is however capped to a maximum allowed amount.

In many ways, your impairment rating is at the core of your settlement with the insurance carrier. If you disagree with your rating, you can request a hearing with the North Carolina Industrial Commission. It can also be important for you to decide if you want your compensation to be based on your impairment rating, if you prefer to claim a loss of revenue or if you should claim total disability. In most cases, because of the importance of the issue to help re-build your life after a serious workplace accident, you should consult with a lawyer who focuses exclusively on North Carolina workers’ compensation.

Contact Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us today at 757-455-8889 or toll-free 888-694-7994, or send us an e-mail for a FREE, no commitment discussion of your case.

BOOK COMMENT CONTEST STARTED!!! WIN A FREE MICROFLEECE JACKET!!!

Wed, 10 Nov 2010 08:00:00 EST

The jackets are finally in! Stay toasty this winter with our new NCWR Fleece Jackets. Here’s all you have to do to qualify to win a free NCWR Jacket:

1. Download and read The Nine Biggest Myths About North Carolina Workplace Injuries by yours truly, available for free on our website.

2. Email us your CONSTRUCTIVE comment about the book, either good or bad, positive or negative.

We'll pick the best out of every 15 sequential comments to win a jacket, while supplies last.

THE RULES:

1. You must be a verifiably credentialed adult. That means sorry, no 15- year- old pranksters posing as someone else just to get a jacket. “Credentialed” doesn’t necessarily mean a fancy professional, even though there’s nothing wrong with that, either. You could be an author, or an attorney, but you could also be a union official, a union officer, a union member, or even someone who works in the human resources department of a company, someone who has been hurt on the job, or simply someone who works in North Carolina. The important thing is that I can prove that you are who you say you are. We need to verify your identity, either through a website, telephone call, or some other means. Otherwise, we'd look pretty stupid.

2. To qualify as a comment, your comment must contain at least 10 words and have some degree of articulation and thought. “your book sucked,” or “cool book, dude,” isn’t going to cut it.

3. By submitting your comments through email, you agree to their possible publication and use by the author, that means me, in whatever way I see fit, including, but not limited to, publication on the back cover of the next edition of the book, and you agree to be fully identified with that comment, i.e., your name associated with the comment. So--that means be careful what you say, because it may end up on Amazon.com !!!

4. You understand the jackets come in one color—black, and I’ve got large and xtra large. Sorry, no kids sizes. If we pick your comment, we'll mail it out to you pronto, as long as supplies last.

GOOD LUCK!

Joseph Miller, Esq.

Don't look like a bum in front of the Commission

Wed, 10 Nov 2010 08:00:00 EST

LESSON #1: DON’T LOOK LIKE A BUM IN FRONT OF THE COMMISSION!!!

Another Case to Prove Mr. Miller’s Point—A contrast to the recent case Court of Appeals Case of Nobles v. Coastal Power & Electric…

Recently, I wrote an article about the case of Nobles v. Coastal Power, which pointed out how the Commission looked very unfavorably upon an employee who shows no attempt to return to any type of work at all, even though they might have evidence from a vocational rehabilitation expert that they are incapable of earning a living.
http://www.ncworkersrights.com/library/suitable-employment-and-make-work.cfm
Now I do need to qualify one thing. I certainly wouldn’t want to offend Mr. Nobles. Just because the record in his case reads a certain way does not mean this is what really happened. In other words, it could be that Mr. Nobles really did look for work or tried some jobs, but his attorneys failed to properly present that evidence, and it didn’t make it into the record. For our purposes here though, we’re going to assume that he refused the job offer and never looked for work.

Less than two months before the Nobles case, the Court of Appeals took up and decided the case of Robert Baxter v. Danny Nicholson, Inc., et al, No COA07-865-2, on Septemer 21, 2010.

To make a long story short, Mr. Baxter’s doctor released him to return to work with restrictions. He had been a truck driver, and had suffered a herniated lumbar disc and had surgery, which really didn’t help much. The surgery basically failed and left him with permanent radiculopathy, which involves numbness, pain and tingling going down the legs. His doctor eventually approved a position for him as security guard. This job was found for Mr. Baxter by the insurance company’s vocational rehab professional.

Mr. Baxter tried the security job. He reported to work, but after two weekends, he found that the job required him to climb a lot of stairs, and he testified that his leg “gave way” and he suffered from increased pain in his back, and he didn’t feel like he could do the work. He also testified that he had tried to find other jobs within his restrictions, to no avail.

The employer cut off Mr. Baxter’s benefits.

Ultimately, the Commission, as affirmed by the Court of Appeals, held that the security job was unsuitable for Mr. Baxter, and that the employer presented no evidence that suitable jobs were available or that Mr. Baxter could get one.

The Commission therefore decided the employer was wrong to cut off Mr. Baxter’s benefits, that Mr. Baxter had “fully cooperated with all vocational efforts and medical treatment provided by the Defendant…” They also found that Mr. Baxter’s “efforts to locate suitable employment have been reasonable.”

What’s more, the Commission awarded, and the Court of Appeals upheld, a restoration of Mr. Baxter’s benefits, PLUS, a 10% late penalty and attorneys fees against the employer, for the employer’s “stubborn, unfounded litigiousness.”

So what do you think made the difference in the Baxter case? Why did they treat him different from Mr. Nobles? It should be obvious.

Mr. Baxter didn’t ASSUME that he couldn’t do anything, stay at home, and wait for a check. He played along with the voc rehab, at least tried the job, they found him, but physically couldn’t hack it. He also showed a reasonable effort to find another job. He couldn’t.

It should be clear as a bell that the Commission is very impressed with this kind of attitude, and as you see, even though it was clearly more difficult for Mr. Baxter, it eventually paid off for him, big time.

In contrast, they were not impressed with Mr. Nobles, who never tried the job offered to him and never looked for a job once.

Joseph Miller posts article regarding fake Job Offers

Sun, 07 Nov 2010 08:00:00 EST

One of the favorite tactics of many employers and workers compensation insurance companies is to offer you a fake job after you have been released from treatment and given physical restrictions by your doctors.
Even though you may be injured to the point where you are unable to go back to your old job, sometimes, employers will try to "make up" a job just for you, so they no longer have to pay you workers compensation disability benefits.
In this article, we explore scenarios where this may occur, how to recognize the trap, and how to avoid it.

The bottom line is that if you suspect this is happening to you, you need to consult immediately with a competent, North Carolina workers compensation injury lawyer. Do not make any assumptions, as every scenario is completely different, and if you are found to unjustifiably refuse a legitimate job that is offered to you, you may forfeit your benefits.
Please call us, or e-mail Mr. Miller directly at jmiller@ncworkersrights.com

Court of Appeals case on make work issue

Sun, 07 Nov 2010 08:00:00 EST

Please see this article for several "teachable moments" which should serve as a warning for anyone who wants to simply "assume" that the job they are being offered is a fake job, and to further kick back after being given restrictions their treating physician, and make no attempt to look for any work.

This injured worker tried to compare his case and situation to other cases where the Commission had found that the job was, in fact "make work," or a fake job, but in this case, neither the Commission or the Court of Appeals bought Mr. Nobles' arguments.

They found that the job had been offered to others before, was real, and that Mr. Nobles unjustifiably refused to take the job. They also did not like the fact that Mr. Nobles had made no attempt whatsoever to find employment after being released to work by his physicians.

This resulted in Mr. Nobles being cut off of all disability benefits.

As we have said many times, every case is different, and you should never assume that somehow, you are exempt from the requirements of the law, or that your situation is exactly like someone else's situation, and that therefore the Commission is going to treat you the exact same way.

There are layers and layers of subtleties with respect to your case that only a competent, experienced North Carolina Workers Compensation attorney is going to be able to work through and apply to your situation. If you think that you are being offered a fake job, please do not assume anything. Rather, give us a call or e-mail Mr. Miller directly at jmiller@ncworkersrights.com

How Can a Lawyer Help with My Workers' Comp Claim?

Wed, 13 Oct 2010 08:00:00 EST

If you have been injured at work in North Carolina, an experienced North Carolina workers’ compensation lawyer can help you present a strong case for your workers’ comp claim in order for you to receive the maximum allowable benefits.

The various stages and requirements of a workers’ compensation claim is lengthy and can be very confusing, which can lead to delays and even a denial of your claim. A lawyer can help you understand what the stages consist of and minimize errors, which is a common mistake made by injured workers filing the claim themselves.

Many factors are considered when deciding if, when, and for how much you should settle your case. The amount of a settlement can also be affected by the strength of your position, and a qualified lawyer can help you gain leverage by enforcing your rights under North Carolina law. Without leverage, you can potentially receive less than you are entitled to. And, without the assistance of an experienced work injury lawyer, how will you know if you are being offered a fair settlement under the law?

Many misconceptions by people without experience in the industry usually cause confusion and can be misleading to injured workers who are asking questions about filing a workers’ compensation claim. Some of the most common misconceptions are outlined in the book, “The Nine Biggest Myths about North Carolina Workplace Injuries,” which is offered free of charge by Joe Miller, Esq., an accidental injury lawyer who has litigated hundreds of work injury cases and knows what to do for you to receive all the benefits you are entitled to. Contact Joe Miller, Esq. toll free at 877-622-8656 and receive your free consultation right away.

Back Injury at the Workplace - What Next?

Sat, 09 Oct 2010 08:00:00 EST

If you have suffered a back injury at the workplace in North Carolina, you may be entitled to receive benefits through the workers’ compensation claim offered by the state. There are several points you should keep in mind if you are planning on proceeding with the claim yourself.

North Carolina law regarding back injuries was amended in 1983 requiring a “specific traumatic incident” be shown for a workers’ comp claim. This means that even if you were not involved in a particular accident, as long as you can show that the injury occurred from the specifics of your normal work routine, you may qualify for workers’ comp benefits.

As simple as it sounds, there are protocols to follow for the process of filing for workers’ comp benefits, specifically for back injuries. This process is often confusing to the unsuspecting victim, which can lead to difficulty in understanding what those requirements are. Incorrectly filling the forms and the details of the “specific traumatic incident” can lead to your workers’ compensation claim being denied.

North Carolina has specific requirements for back injuries sustained on the job and those requirements are detailed in the book “The Nine Biggest Myths about North Carolina Workplace Injuries”. Joe Miller, Esq., an accidental injury lawyer who has worked for over 20 years in the industry, has litigated hundreds of work injury related cases and knows what to do for you to receive all the benefits you are entitled to, is offering you this book free of charge. For your free consultation, please contact Joe Miller, Esq. toll free at 877-622-8656.

Don't ruin your North Carolina workers' compensation claim by not reporting your injury

Thu, 30 Sep 2010 08:00:00 EST

In a recent article on the steps to take after a North Carolina work injury accident, we discussed the importance of seeking immediate medical attention.

We want to discuss this topic again since the attorneys in our office have seen the same scenario time and time again. It usually goes like this:

Injured North Carolina worker John is thankful to have a great job at the electric company during the tough economy, especially since the recent layoff. An hour into his shift on Friday, he trips on an object that had been sticking out of a low shelf. John falls, landing on his knee and injuring his back. Afraid that he might lose his job if he speaks up about his injury, John deals with the pain, finishes his shift, and goes home.

When he goes to the doctor on Monday, he discovers that he has a slipped disk in his back and a torn ligament in his knee. He tries to tell his supervisor that the injury happened on Friday at work, but since there are no witnesses to the accident and John didn’t report it, the supervisor is skeptical and is calling for an investigation.

What should John do now?

His best bet is to contact an experienced North Carolina workers’ compensation lawyer or request a free copy of Attorney Joseph Miller’s new book, The 9 Biggest Myths About North Carolina Workplace Injuries, by calling 877.694.7994 or filling out our online form.

Information your employer needs following a work-related accident

Thu, 30 Sep 2010 08:00:00 EST

When it comes time to notify your employer in writing about your work-related accident and the resulting injuries, there is specific information that must be included in your letter.

Remember that you must notify your employer within 30 days of your North Carolina work accident, with a description of what happened and your injuries. This should be in the form of a letter, and can also be written by a family member, friend, or lawyer in the event that you are not able to do so.

So what should be in this employer letter? Make sure to include the following:

The date of the work injury accident
The location of the accident
Whether or not you were originally scheduled to work that shift
A brief description of the events leading up to, during, and after the accident
Whether or not you were wearing the protective gear your job requires
The injuries you immediately sustained
Whether you were taken to the emergency room via ambulance or if you took yourself to the doctor, and include the name and location of the treating physician
Describe any diagnoses or symptoms you are experiencing
Describe any follow-up treatment

Does this sound daunting? It can be, especially when all you want to do is focus on getting better and getting back to work.

We may be able to help you. Request your free copy of Attorney Joe Miller’s new book, The 9 Biggest Myths About North Carolina Workplace Injuries, by calling 877.694.7994 or filling out our online form. We can also provide you with a free case evaluation.

North Carolina Construction Worker Trapped by Boulder

Tue, 25 Oct 2011 08:00:00 EST

Doing excavation work on the 7100 block of Robinson Church Road in East Charlotte, N.C., a construction worker was injured and trapped in his Bobcat bulldozer by a boulder sliding down the slope.

Emergency crews from the Charlotte Fire Department were quickly on the site, and it took two dozen firefighters 36 minutes to free the worker from under the bulldozer. The man was transported to CMC University hospital where he was diagnosed with lower body injuries.

In recent blog posts and articles we have repeatedly stressed the importance of implementing safety procedures on construction sites. In North Carolina, workers in the construction industry suffer the second highest incidence of accidental injuries, right behind the transportation industry.

Far too often, construction workers are left to their own devices and initiatives, while employers and contractors hope for the best. Working in trenches and excavations, on scaffolds, roofs and ladders, in confined spaces and on utility lines, construction workers are at a far greater risk of severe work injuries than any worker in an industrial production plant where safety procedures are usually better implemented and controlled.

Lenoir County Utility Worker Electrocuted By 7,200-Volt Underground Line

Sat, 22 Oct 2011 08:00:00 EST

Rodney "Rock" Foster was working on an underground power line to restore electricity to homes along Truman Court and Truman Avenue in Kinston, North Carolina, when he was struck by a powerful shock from an energized 7,200-volt line.

Suffering multiple burns, Foster was immediately taken to the N.C. Jaycee Burn Center in Chapel Hill where he is expected to spend two to three weeks.

Foster is a 27-year veteran journeyman lineman, the highest level of electric line worker at the Public Services Department. Public Services director Rhonda Barwick said: "We had just celebrated 10 years without a loss accident, so it's an awful thing." Interim City Manager Bill Ellis, talking about Thursday's accident, declared that Foster is conscious and alert, talking to family and visitors, and is expected to remain in hospital for two to three weeks.

Foster sustained second and third degree burns on the hands and legs with first and second degree burns on the chest.

After hurricane Irene, when hundreds of workers scrambled through fallen electric lines and transformers to restore power, there had been no work accident, Barwick explained. Last Thursday's work was something they do every day.

The attorneys of Accidental Injury Advocates wish Rodney Foster a speedy and complete recovery.

Charlotte, N.C. Store Manager Abducted During Robbery Attempt

Mon, 17 Oct 2011 08:00:00 EST

On Friday morning, a woman running the Family Dollar business in the 1500 block of E. Sugar Creek Road was opening the store when a man, dressed in black, rushed in.

According to the Charlotte-Mecklenburg Police, the attacker was wearing a mask and approached the manager from behind. Holding a knife to her neck he requested money from the safe. The man was told the safe would not open for at least 10 more minutes, upon which the aggressor forced the woman into his car.

The man drove her around for a while, until he pushed her out on Academy Street, not far from where the store is located. The victim fell at the bottom of Ella Ruffin's driveway, and started screaming for help banging on Ruffin's front door.

"She was saying help me, help me, I've just been robbed," said Ella Ruffin who further explained that she knew the victim because she shops in her store all the time.

Ruffin later declared she was thankful the attacker had been wearing a mask, not willing to think what would have happened to her if she had been able to identify him.

Police detectives believe the assaulter ran away on foot, and have so far not been able to identify him.

"Business Friendly" in North Carolina Shouldn't Mean "Unsafe"

Mon, 10 Oct 2011 08:00:00 EST

In a recent Star News editorial, the danger of cutting down state regulations that hamper businesses is squarely placed next to the importance of keeping workplaces safe in North Carolina.

The recent fatal accident in the Progress Energy power plant, the 20th year remembrance of the Hamlet chicken plant fire, and the latest findings about shortcuts and negligence having caused the BP Horizon oil rig explosion and oil spill, all point to the crucial role of law enforcement.

Many regulations become obsolete or unnecessary, often because their expected benefits are too limited in regard of excessive costs. These regulations should be reviewed and if necessary, eliminated. Existing rules to ensure that workers are kept safe at work should however be enforced, and far more than what is done now. Nothing, in the history of economic activity, has ever indicated that businesses can auto-regulate to protect workers, or the environment, when these regulations cost money. Safety and environmental rules are expensive and should be applied to all employers so as not to give undue advantage to those who disregard them. This means that the rules should be enforced, and that far more safety inspections should be conducted as is now the case.

Streamlining existing red tape and excessive rules is necessary, but it cannot be done at the expense of dismantling the work safety and environmental protection offered the public and workers of North Carolina.

Wilmington Power Plant Fined After Safety Inspection

Sat, 08 Oct 2011 08:00:00 EST

Earlier this year, a 24-year-old technician died in an explosion while doing maintenance work at the Sutton coal-fired power plant in Wilmington.

After North Carolina Department of Labor (DOL) officials uncovered nine work safety violations, the company, Progress Energy, was fined $31,500 and given 15 business days to pay.

The safety inspection was the first in Progress Energy's 57-year history. This has raised the issue of the chronic lack of inspectors in North Carolina, which makes it almost impossible to enforce state and federal regulations preventively. It is not uncommon for work sites to remain without a safety inspection for decades. According to the Labor Department spokesman Neil O'Brient, inspectors dispatched to a workplace where a fatal accident has occurred frequently discover violations.

Cory Roger, the instruments and control technician killed in the March 15, 2011 explosion, was working on a generator in a confined space. Hydrogen had leaked and accumulated in the area and a spark from a light or fan caused it to blow up.

Progress Energy had an excellent safety record until the March 15 accident. This did not prevent the DOL inspectors to issue citations for not posting warning danger signs, for faulty or inexistent procedures to eliminate all hydrogen through purging and for the lack of explosion-free electrical components in the danger zone.

North Carolina Labor Commissioner Clarifies Views on Worker Safety

Sat, 24 Sep 2011 08:00:00 EST

In an interview with The Charlotte Observer, Labor Commissioner Cherie Berry made clarifying statements on what she and previous administrations have done to improve workplace safety in the last twenty years. The statement was prompted by the statewide remembrances of the devastating Imperial Foods chicken plant fire in Hamlet, N.C. that left 25 workers dead in 1991.

Introducing the subject, Berry acknowledged that the N.C. Department of Labor cannot take all the credit for the state's success in reducing workplace injuries and fatalities. With only 114 inspectors to supervise over 200,000 businesses, it would be naïve to think that all progress was made through better law enforcement.

Other factors are driving safety and health programs in different industries. The cost of insurance, a major burden for business owners, can only be kept low if safety procedures are in place and enforced. Employers now also have a clear view of the direct and indirect costs of workplace injuries and have implemented strong safety and health programs, hired safety directors and formed safety committees.

Berry further stressed that the injury and illness rate has dropped to an all-time low of 3.1 in 2009, from 8.6 in 1992, a year after the Hamlet fire.

Even though the 2010 number of OSHA inspections is down, it is still higher than during the previous two administrations. North Carolina, according to Berry, continues to be among the nationwide leaders in compliance inspections year after year.

Worker Safety in North Carolina Twenty Years After Hamlet Fire

Wed, 21 Sep 2011 08:00:00 EST

The September 3, 1991 fire at the Imperial Food Products plant in Hamlet, N.C. shook the conscience of employers and authorities who had to face the horror of the accident and the criminal negligence that was behind it. 25 workers died in the chicken plant fire, some of them behind doors that were locked to prevent chicken theft. State OSHA officials had never inspected the plant.

After the fact, State OSHA inspectors found more than 80 safety violations in the Hamlet plant. A ruptured hydraulic line had sprayed flammable fluid onto a deep fat fryer, setting off a fireball and filling the plant with smoke.

Tom O'Connor heads the National Council for Occupational Safety and Health. He says North Carolina's OSHA program is stronger than it was before the fire. "It was a big wake-up call," he said. "But I think a lot of the promises of really overhauling the program and making it a truly effective deterrent have just not come about."

North Carolina officials point to declining injury and fatality rates as a measure of the positive trends. Others are not so sure. Workplace deaths in North Carolina reached a low in 2009, only to climb more than 40 percent last year. Safety violations deemed willful can lead to stiff penalties and can cost violators lucrative contracts. But in North Carolina, less than one in 1,000 OSHA violations were deemed willful in the last ten years.

The number of workplace safety inspectors has remained the same since 1993, despite a 19 percent growth in the state's workforce, the Newstimes.com reports.

Construction Worker Injured on Yadkin River Bridge

Mon, 12 Sep 2011 08:00:00 EST

North Carolina has a sad track record regarding construction site accidents. Most of the time, when news media report a work accident, it is about the injury or death of a construction worker. Work accident statistics tend to confirm this impression year after year.

Thursday afternoon, a worker was injured after he fell while working on the Yadkin River Bridge, WBTV.com reports.

The worker was part of a crew doing construction work on the bridge. The emergency services were called just before 5 p.m. It took the rescue squad to do a horizontal lift of the victim, who was transported to the Millers Ferry Volunteer Fire Department, from where he was airlifted to Baptist Hospital.

The name of the injured worker and nature of his injuries have not been released. There were also no further details on how the accident happened and what caused it.

Many building and construction site work accidents are caused by a lack of supervision and training of the workers who constantly have to adjust to a new work environment, different co-workers and different tasks, tools and machinery. Procedures often are either known, or not enforced. Protective gear is not always at hand or properly used. These are the basic ingredients for accidents waiting to happen.

Construction Worker Burned While Working on Truck Boom

Thu, 08 Sep 2011 08:00:00 EST

Wednesday last week, when workers were replacing a scoreboard at Broome High School's football field, the truck's boom bent causing the new scoreboard to fall to the ground.

One of the workers came back to the field the next day to find a way to remove the truck, which could not be driven the prior day because its damaged extended boom folded to the ground.

The worker, an employee of Lipscomb Signs of Forest City, N.C., proceeded to disassemble the boom using a cutting torch. While cutting through the metal, a hydraulic line was severed, spraying ignited oil over the man, according to a GoUpstate.com report.

Greg Mack, assistant superintendant for finance and operations for Spartanburg County School District 3, said that Lipscomb Signs was working as a subcontractor for the Electro-Mech scoreboard company.

A school nurse and paramedics cared for the injured worker until he could be airlifted to a hospital - Augusta in Georgia - that specializes in treating burns.

At this time, the extent of the worker's burn injuries is not known. Lipscomb Signs was unavailable for comments on the incident.

This unfortunate accident shows, once again, how construction workers can be at risk by taking initiatives on distant construction sites without specific supervision or work procedure. Hydraulic systems always work with oil under pressure. Cutting the boom without first emptying the hydraulic lines was a serious mistake.

Work Zone Safety: What North Carolina has Done

Tue, 06 Sep 2011 08:00:00 EST

Twenty-two years ago, the NC Department of Transportation created the Work Zone Safety Program aiming at significantly reducing the number of work zone injuries and fatalities in North Carolina. Work zones are designated areas on a street or highway where construction is taking place.

The program has something to show for. Work zone crashes have dropped every year from 5,896 in 2004 to 2,125 in 2009. Fatalities have followed the same trend, declining from 50 in 2004 to 11 in 2009. These excellent results stem from the relentless education, initiatives, campaigns and research over the years to make work zones safer for motorists and workers alike.

Even though 4 out of every 5 persons killed in work zone crashes are motorists, speeding cars are very dangerous to construction workers as well. Typically, work zones are crowded places where workers and machinery are surrounded by traffic moving on narrow lanes.

Any car pileup or rear-ending accident is likely to create a chain reaction of cars swerving into the work zone, endangering workers.

Work zone speed is limited for a number of reasons:

Motorists are distracted by the construction site activity and equipment;
Narrow lanes do not leave any room to avoid a stopped vehicle;
Lanes may follow unexpected curved paths;
Vehicles tend to follow each other too closely;
Traffic may have to stop at any time to allow workers or equipment to move.

Speeding motorists are often subjected to hefty fines in work zones, another good reason to slow down and respect the environment of those who work on building or maintaining our highway network.

Greenville NC Company Gets Carolina Star Safety Award

Mon, 29 Aug 2011 08:00:00 EST

Nacco Materials Handling Group (NMHG), a Greenville-based subsidiary of the Nacco Industries group and maker of Hyster and Yale lift trucks, was awarded the Carolina Star Safety Award at a ceremony hosted by the North Carolina Department of Labor and the Greenville-Pitt County Chamber of Commerce.
Six elements constitute the Carolina Star's requirements:

Statistics
Everyone's commitment
Employee involvement
Analyze hazards
Control risks
Training

According to a Modern Materials Handling report, NMHG joins a prestigious group of North Carolina production sites with excellent safety records. "We are incredibly honored and humbled to be named a Carolina Star Safety recipient and join the ranks of Kimberley-Clarke, Pfizer, Frito-Lay and Georgia Pacific." said John Gardiner, general manager Americas Manufacturing for NMHG.

In addition, NMHG has been honored with the North Carolina Department of Labor Million-Hour Safety Award and Gold Safety Award for the seventh year in a row.

Last year, NMHG reached three million hours without a lost time accident in its Greenville facility.

"It has been a wonderful year of safety milestones for our company, and we couldn't have done it without our dedicated employees." Gardiner added.

North Carolina Worker Killed in Sewage Construction Accident

Fri, 26 Aug 2011 08:00:00 EST

A Buncombe County Metropolitan Sewerage District (MSD) crew installing a manhole near 257 McDowell Street last Monday was working under the supervision of John Mark Crowe, 45, of Fletcher.

According to an AshevilleCitizenTimes.com report, supervisor Crowe leaned in to verify the work being done to insert the manhole, while a backhoe bucket was suspended in the air right above him. A hydraulic line of the backhoe suddenly snapped, allowing the bucket to fall, striking Crowe on the head. When first responders arrived on the scene, Crowe was pronounced dead.

An investigation as to the cause of the accident is underway, while a team of OSHA (Occupational Safety and Health Administration) investigators started conducting their own investigation.

Crowe had been working for the sewerage district for 15 years. "It is a tough time for MSD," said Tom Hartye, the district director. "We are all shook up; this is the first time a sewerage district worker has died on the job."

The attorneys of Accidental Injury Advocates, Ltd. of Elizabeth City convey their heartfelt condolences to the family and friends of John Mark Crowe.

Construction sites remain the first source of fatal occupational injuries in North Carolina, due to the numerous risks and unsafe situations we have repeatedly pointed out in previous articles and blog posts. It is sad to find out, once again, that another life has been claimed.

Charlotte N.C. Plagued by Armed Robbers

Mon, 22 Aug 2011 08:00:00 EST

Within a three-hour period Monday morning, two East Charlotte businesses were assaulted by armed robbers.

According to a report by WBTV.com, the first assault took place at the Tidal Wave Auto Spa, at 5740 Albemarle Road.

A 27-year-old employee was injured when he was forced by three robbers to empty money from the machines located in the business. The police report says at least one of the suspects was armed. The victim was then taken inside the building where he was beaten. The suspects left with an undisclosed amount of cash, a digital video recorder and a flat-screen monitor.

The victim was transported to Carolinas Medical Center for treatment of minor injuries.

Close to the auto spa business, at 5718 Albemarle Road, an internet gaming shop suffered a similar assault three hours later. The police reported that two suspects entered the business and proceeded to rob patrons inside. Two of the patrons were threatened at gunpoint. A pregnant woman suffered injuries while trying to run away from the robbers and was later checked out by paramedics for slight injuries.

Five people in the shop were robbed of their property, which was later recovered when police arrested one of the robbers. The second suspect managed to run away.

The Charlotte-Mecklenburg Police does not believe the two assaults were connected.

Are Public Contracts Awarded to Unsafe Contractors in North Carolina?

Fri, 12 Aug 2011 08:00:00 EST

On June 7, 2011, 34-year-old Luis Castaneda Gomez, of Durham, and 32-year-old Jesus Martinez Benitez, of Clayton, were accidentally killed while doing construction work in a manhole along Highway 70 in Durham. The two men worked for Burlington-based Triangle Grading and Paving, Inc. on a water line project for the City of Durham.

Durham and other cities admitted they do not check the Department of Labor's safety records of companies bidding for public works contracts, NBC17.com reports.

The North Carolina Department of Transportation (NCDOT) has an annual review procedure with potential bidders including the bidder's safety history and inspection violations. A safety index is attributed to the company ranging from "A" for the best to "U" for unsatisfactory.

Even though the Department of Labor had cited Triangle Grading and Paving, Inc. for more than 60 violations since 1997, including 40 "serious violations", the NCDOT awarded Triangle Grading and Paving, Inc. an "A" safety rating and a $4.7 million project to widen South Miami Boulevard in Durham.
Out of seven competitors who bid for the project, only one contractor earned a rating below "A". That company earned a "B".

NCDOT stands by their safety rating system and has no plans to change it, but says it will evaluate Triangle Grading and Paving, Inc. during the company's next annual renewal.

Triangle Grading and Paving executives had previously declared that the company's employees are well trained and blamed this North Carolina fatal work accident on a "mistake in judgment".

Plumber Rescued After Trench Collapses in Charlotte, N.C.

Sun, 07 Aug 2011 08:00:00 EST

A Charlotte construction work accident occurred Thursday around 12:15 p.m. in the 2700 block of Thornbush Court off McKee Road, a residential neighborhood.

The plumber, an employee of Ammons Plumbing of Matthews, was working on a water leak down in a trench when its walls collapsed, trapping him inside, WISTV.com reports.

The victim, Benancio Ramos, of Indian Trail, was rescued by the Charlotte Fire Department using an emergency operation described as "trench rescue". Placing a yellow tube into the hole to provide ventilation, dozens of firefighters proceeded to remove the collapsed earth and lift Ramos from the hole. The operation was completed at 1:12 p.m.

According to MEDIC spokeswoman Kristin Young, the plumber was first taken to an ambulance and then transported to a medical helicopter, to be airlifted to Carolinas Medical Center - Main.

A spokesman from Ammons Plumbing declared that Ramos had suffered light injuries and was expected to recover quickly.

Ramos had been employed with Ammons Plumbing for about the last four years. Based on information available on the Occupational Safety and Health Administration (OSHA) website, Ammons Plumbing does not have any open or closed safety investigations.

Trench collapses are frequent incidents, often more frequent in rainfall or in the presence of water. The deeper the trench is, the higher the collapse risk. In these cases, contractors should use devices to consolidate the trenches' walls.

A Recent N.C. Study Says Parents Unaware of Job Dangers to Teens.

Thu, 28 Jul 2011 08:00:00 EST

Working teens are at risk of serious workplace accidents, and parents should know more about that, says a new study conducted by the University of North Carolina - Chapel Hill and Injury Prevention Center.

According to the study, over 70 percent of the parents helped their children identify job opportunities, fill out job applications, prepare interviews, raise questions about work hours and tasks and even identify safety issues.

The study, however, discovered that parents were better at discussing potential safety issues than acting on them when confronted with real dangers at work.

Parent involvement is very strong in the "job search" phase and drops considerably once the teen has started working. Only 46 percent of parents had helped their teen ask questions about safety at work and even less, 36 percent, helped them learn about youth work restrictions at the workplace.

The U.S. Department of Labor provides detailed information on work hour restrictions, list of hazardous occupations and workplace safety on the following websites:
www.youthrules.dol.gov
www.osha.gov/SLTC/teenworkers/index.html

In a recent article on teen safety at work in North Carolina, we explained why teens are more at risk in a work environment:

They are not used to the dangers of machinery, power, chemicals, tools, etc.
They lack experience and know little about safety procedures, protective gear, and regulations
They may not have the physical strength and may tire after a few hours of work

Mining Accidents Caused By Cheating and Lying

Tue, 26 Jul 2011 08:00:00 EST

Last year, 29 miners got killed in a West Virginia coal mine explosion. A recent news article on WBTV.com shows North Carolina's workers just how much their life and health depends on their employer's respect of applicable safety regulations.

Massey Energy, the owners of the coal mine, kept two sets of safety logs, an accurate one for itself and a sanitized version for the authorities.

Officials of the Mine Safety and Health Administration (MSHA) in charge of the investigation after the April 5, 2010 tragedy discovered that workers were pressured to omit safety problems from the official set of books and that several managers knew that chronic hazardous conditions were not recorded.

MSHA has referred the matter to federal prosecutors and the disaster is now under criminal investigation. One Massey employee, the security chief, has been charged with lying to the FBI and MSHA and obstruction of justice by ordering thousands of pages destroyed.

Eighteen former Massey officials have refused to testify, citing their Fifth Amendment right, and the former chief executive, Don Blankenship, has apparently vanished after retiring in December.

The mine has been cited for 600 violations in less than a year and a half before the blast.

An independent investigation, commissioned by former Gov. Joe Manchin reported that Massey had allowed highly explosive coal dust and methane gas to accumulate. "No one should have been injured, and definitely no one should have died." MSHA official Kevin Stricklin said.

Concord Company Fined for 4 Violations that Resulted in Employee's Death

Wed, 20 Jul 2011 08:00:00 EST

Garry Donald Merrington, 47, was killed at work when he fell from a storage rack in late March of this year. Merrington was a warehouse supervisor at Sysco Guest Supply Inc., which supplies lodging and hospitality products.

The accident report says he fell 19 feet from a storage rack while he tried to stabilize a pallet of paper napkins. Merrington had worked at the company for almost seven years.

The North Carolina Department of Labor cited Sysco for four alleged serious violations:

Riding the forks of a forklift;
Working in the racks without fall protection;
Leaving the forklift unattended with the forks elevated;
Failure to re-evaluate forklift operator performance every three years.

Each one of these violations is serious and contrary to OSHA safety regulations, "Preferred Work Methods" and is even prohibited by the forklift manufacturer's instructions.

Workers willing to access the higher levels of storage racks can only use forklifts to do so if they are elevated on an approved platform fitted on the forks. Once on the rack, they must be secured to the structure using a safety harness.

Sysco must now fix the violations and has requested an informal conference to discuss the citations, according to a report by SalisburyPost.com.

Feeling the Heat at the Workplace

Tue, 12 Jul 2011 08:00:00 EST

North Carolina Workers Urged To Beware Of Extreme Summer Heat.

Last year's record long and hot summer had everyone in North Carolina running for cool shelters. Across the state, another record was set, with more than 1,100 emergency department visits due to heat-related illnesses, said State Health Director Dr. Jeff Engel. Quoted in a recent article by The Apex Herald, Engel further clarified that while it is typically the very young, the elderly and the chronically ill who suffer the most from high temperatures, in a heat wave like in 2010, young and middle-aged adults were also affected in great numbers.

The advice given to the general population can be summarized as follows;

Avoid exercising and doing strenuous activities when it is hot. Take frequent breaks and stay out of the sun. Drink lots of water;
Dress for the weather. Avoid synthetic, tight and dark clothes. Cover your head in the sun.
If you are not in an air-conditioned building, open windows and switch on fans to allow air flow. Keep shades, blinds and curtains drawn to prevent direct sunlight in the house. Try to take breaks in an air-conditioned space or by taking a cool shower. If the air temperature is above 95 degrees, do not use fans.

Reading these recommendations, it is easy to imagine what stress workers can be under in the construction, agriculture or manufacturing industries. A lot of work is being done outdoors and in buildings or installations that are not air-cooled. Workers should agree with their employer on clothing and regular breaks to drink water, refresh and get away from the sun.

North Carolina's Workers Still at Risk

Sat, 09 Jul 2011 08:00:00 EST

WRAL.com reported that three men were injured last Wednesday at the site of a new school in Granville County, on Philo White Road near N.C. Highway 96 in the Wilton community. The workers fell about 25 to 30 feet from scaffolding, and at this time it is still unclear if the scaffolding collapsed or if the men fell off.

All three workers were taken to Duke University Hospital for treatment, and there is no information about the severity of their injuries and their present condition.

In a separate report from JusticeNews.com, a Lowe's home improvement store employee is said to have been killed while working in a warehouse adjacent to the South Charlotte store, which is not open to the public.

Richard Thomas Yoost, aged 35, from Rock Hill, S.C. was standing underneath the garage door when, for a yet unknown reason, the door suddenly fell and struck Yoost in the head.

The worker was rushed to Carolina Medical Center where doctors pronounced him dead. The work accident is now expected to be investigated by OSHA officials.

Language Barrier Can Be a Cause of Serious Work Accidents in North Carolina

Thu, 30 Jun 2011 08:00:00 EST

In a recent article, HR.BLR.com reports the case of a Spanish-speaking upholsterer who said he suffered a back injury while working, whereas his employer claimed he never said the injury occurred at work. The North Carolina Industrial Commission awarded the worker temporary total disability compensation, and the employer and its insurance carrier appealed the decision.

In June 2008, Rodriguez, 19, from Puerto Rico, was hired as upholsterer by Bassett Furniture Industries, Inc. After upholstering work, his job included carrying completed ottomans to a conveyor belt, about 8 inches higher than and 4 feet away from his work station.

On October 27, 2008, as he lifted a 120-pound ottoman to the conveyor belt, with assistance from a co-worker, Rodriguez felt a "mild pain" but did not report it immediately because he thought he was merely tired. He took some painkillers, but by the next day the pain became severe and extended to his leg.

What happened afterwards was a succession of examinations and discussions with the company nurse and supervisors, with considerable difficulty due to the language barrier.

The nurse ended up sending him to a facility she does not usually refer workers to who had a work-related injury. At the hospital, talking through an English-Spanish translator on the phone, whom Rodriguez maintains was confusing the doctor's questions with his responses, the question of where and how his injury originated was again not clearly understood.

Rodriguez was allowed to work with restrictions, and he eventually had back surgery. When the N.C. Industrial Commission awarded Rodriguez temporary total disability, the employer and its insurance carrier appealed to the North Carolina Court of Appeals. In an April 19, 2011 finding, the Court affirmed the Commission's award, confirming that any inconsistency in statements about the timing of the injury was reasonably related to miscommunication or mistranslation.

Apex, N.C. Construction Site Accident Injures Two Workers

Sun, 26 Jun 2011 08:00:00 EST

Rescue crews, firefighters and EMS crews were called to the Western Wake Freeway extension project, on N.C. Road 540, for an hour-long and difficult rescue after a worker was injured in a 20-foot trench. The accident happened last Saturday around 11:30 a.m. when a rock apparently rolled down the embankment into the trench while the worker was inside.

The crews, shuttling from a command post on Old Holly Springs Apex Road to the accident site about a quarter-mile down a dirt road, performed a technically-challenging vertical lift to hoist the injured worker out of the trench, ABC News reports.

A spokesman from Raleigh-Durham Road Builders, the project's contractor, said the worker suffered a broken arm and a bruised leg. The worker was airlifted to WakeMed in stable condition.

Trench wall collapses and other trench accidents are quite frequent in roadway infrastructure projects and on construction sites in North Carolina. Frequently, dirt that has been dug out falls back into the trench, or walls collapse under the accumulated weight.

Working in trenches becomes very dangerous in case of sudden and heavy rainfall, or when inattentive co-workers maneuver excavators. In Apex, the presence of large rocks on top of the adjacent embankment was enough to trigger the accident.

Construction site accidents remain the number one cause of workplace injuries and deaths in North Carolina, and it remains very difficult to keep the accident rate under control because of the ever changing work conditions on building sites.

North Carolina Train Wreck Kills Two Crew Members.

Tue, 14 Jun 2011 08:00:00 EST

A freight train crashed into the rear of another train in Mineral Springs, N.C., forcing an evacuation of half a dozen homes.

The crash, which happened Tuesday, shortly before 3.45 a.m., sent flames and smoke into the air. Firefighters put out most of the flames by 7 a.m. but the fire re-ignited about an hour later. The town's fire department received help from the Monroe Fire Department, the N.C. Highway Patrol, the sheriff's office, county emergency management and the Waxham police.

According to a report by The Bellingham Herald, the wreck occurred at a short distance from Station 15 of the Mineral Springs Volunteer Fire Department whose firefighters are trained to handle train related fires and accidents.

According to CSX, the crash happened on the northbound tracks, when one train traveling from New Orleans to Hamlet apparently slammed into the rear of another train that was stopped on the tracks.

Brett Vines, a spokesman for Union County, said both employees killed were on the second train. One was pronounced dead at the scene, and the other died from his injuries at Carolinas Medical Center in Charlotte. Two employees of the first train suffered minor injuries and were quickly released from a local hospital.

Union County officials quickly ordered evacuation of the area surrounding the crash, near the junction of N.C. 75, Potter Road and Old Waxham-Monroe Road. The evacuation was ordered because of the smoke and flames, but none of the trains carried hazardous products.

North Carolina's Security Jobs Are Not Really Safe.

Thu, 09 Jun 2011 08:00:00 EST

WBTV.com reports a Loomis armored truck worker was attacked by armed robbers in Charlotte's University City area last Thursday.

One worker was in the truck while the other was servicing the ATM at the Bank of America, at 1517 Overland Park Lane, which is located near the Red Robin restaurant of West W.T. Harris Boulevard.

A robber wearing a mask came up from behind and pointed a gun at the Loomis employee as he came out of the truck with a bag of cash. The robber fled with an undisclosed amount of money.

FBI Task Force officers were immediately dispatched to the scene.

Even though in this case the Loomis employees were unhurt, the risks inherent to many security jobs are quite high. From access control guards to night and week-end patrolmen, from prison wardens to transport of valuables, hundreds of thousands of people work in armed or unarmed security positions, often in isolated places, leaving them exposed to aggression.

North Carolina's Workers' Compensation rules cover the consequences of accidents sustained at and because of work. Security guards are at a higher risk of sustaining injuries or death, not only because of aggression, but also because they are often working in isolated locations where first response aid may not immediately be available.

First Losing Her Son, Now Her Job in Garner, N.C.

Mon, 06 Jun 2011 08:00:00 EST

Back in 2009, when the gas explosion rocked the ConAgra Slim Jim production plant in Garner, employee Debra Pettiway lost her only son, Lewis Junior Watson. Pettiway was on vacation when the explosion blasted through the building, but her son, working at his meat cutting station, was one of the four fatalities.

As reported by TheSunNews.com, Pettiway kept on working at the plant for two more years, "I had to pay my bills." she said. She walked out for the final time last week, when the plant closed its doors and her 32-year career came to an end.

The 200 remaining ConAgra employees now wonder what comes next. After initially hesitating, company executives finally decide to relocate the Slim Jim production to a plant in Troy, Ohio.

The company has given the 106-acre property to the town, with a $500,000 grant to market the site. ConAgra also hosted a job fair at the plant to which 20 companies and 400 workers took part.

The explosion that took four lives and ultimately ended the career of several hundred workers was caused by a natural gas leak when technicians were installing a new heater. A fire broke out, walls crumbled and debris went flying over 200 yards. Two dozen people were injured.

Wilkesboro, N.C.-based Lowe's Store Cited for 13 Work Safety Violations

Thu, 26 May 2011 08:00:00 EST

The Lowe's Castle Rock, Colo. store had high injury and illness rates that prompted the Occupational Safety & Health Administration (OSHA), a division of the U.S. Department of Labor, to conduct a thorough inspection, according to a CCH Aspen Publishers report.

John Healy, OSHA's area office director in Englewood, Colo. comments:"Lowe's Home Centers failed to ensure that a viable safety and health program was in place at this facility."

Seven repeat violations were cited for inaccurate record keeping of injury and illness, for access to electrical equipment and wire insulation. Three serious violations involved issues with emergency exits, machine guarding and installation of proper electrical receptacles.

Other violations were related to personal protective equipment assessment, failure to properly label hazardous chemicals and record keeping.

A serious violation is defined as a situation with a substantial probability that death or serious injury could result from a hazard about which the employer knew or should have known.

North Carolina workers need to report dangerous workplace situations by calling OSHA's hotline 800-321-OSHA (6742).

Construction Site Accident Kills Andrews Foster Mother

Mon, 23 May 2011 08:00:00 EST

Working on installing cables with a trenching machine, Sonia Luther Gregory, 41, was killed last Friday when the 2,000-pound machine fell over her, according to a report by the Andrews Journal.

Larry Hembree, director of the Graham County Emergency Management Agency explains Gregory was working on Carolina Vista Road, off Lower Tuskegee Road when the machine tipped over and landed on her. A co-worker rushed to a nearby resident to call for help but Gregory was declared dead at the scene.

Gregory often installed cable for phone companies as a private contractor.

The attorneys of Accidental Injuries Advocates Ltd. in Elizabeth City offer their heartfelt condolences to the family and friends of Sonia Luther Gregory, a much loved wife and foster mother of two teenage children, and well known in Andrews and Graham counties.

In a recent article on injured private contractors we stressed the point that while self-employed workers are flexible and competitively priced, and are therefore often preferred by employers over employees, these advantages come at a price, especially when disaster hits in the form of a serious accident.

More than the contract binding the worker and his or her employer, it is the actual work relation that determines whether the injured worker can be considered an employee and can be entitled to workers' compensation benefits.

Fatal Work Accidents in North Carolina - 2010

Mon, 16 May 2011 08:00:00 EST

The North Carolina Department of Labor compiles all the work accident statistics to produce updated and ongoing pictures of how the State is doing in terms of labor safety.

Last year, 44 workers died from accidents suffered at work, comparing with 41 in 2009 and 47 in 2008. In 2010, all victims were male, with only three female fatalities in 2009 and one in 2008.

What is the most dangerous industry for North Carolina workers?

Not surprisingly, as we have pointed out in recent articles, construction sites are by far the most lethal places accounting for no less than 41 percent of all 2010 fatal work accidents.

The other industries following in decreasing order are:

Manufacturing: 14 percent;
Services: 11 percent;
Agriculture, Forestry and Fishing: 9 percent;
Retail Trade: 9 percent;
Insurance, Real Estate and Finance: 7 percent;
Wholesale Trade: 5 percent;
Transport and Public Utilities: 4 percent.

What causes fatal accidents?

The precise circumstances of each tragic event require more detailed descriptions, of course, but the deadly accidents can be allocated to the following general causes:

Crushed by object: 6 victims
Electrocution: 5 victims
Fire - Explosion: none
Falls: 16 victims
Struck by object: 12 victims
Other: 5 victims

After the North Carolina Tornadoes: Watch Out for Injuries and Scams

Mon, 09 May 2011 08:00:00 EST

The tornadoes that swept through North Carolina two weeks ago brought such devastation that many hundreds of people have been working non-stop ever since to clear piles of lumber and debris, cut fallen trees and repair damaged roofs.

For many workers and volunteers, the disaster cleanup work can be unsafe, as suggested by the accident reported by PilotOnline.com and many others across the state.

Many home and business owners are now facing extensive repair work and, not surprisingly, are being solicited by dozens of contractors claiming to do the best job at the lowest price.

Asking a few questions to potential contractors might save you a lot of trouble:

Is the contractor licensed? This is required for all jobs worth $30,000 or more, and for all plumbing, heating or sprinkler works;
Is the contractor covered by insurance? Ask for a proof of general liability insurance. If the contractor employs three workers or more, they should be covered by mandatory workers' compensation insurance. If the contractor is not insured, the home or business owner may be liable for accidents that occur on their property;
Ask for several quotes and compare services and prices: Detailed quotes are often a good indication of a professional approach. Discard the cheapest quotes, especially if they are much lower than the other ones;
Insist on a written contract: Look at the work description, the payment schedule, the guarantees, and make sure the contractor takes care of the required permits.
Do not pay in full before the work is finished: Make your payments as work progresses, and wait for the final payment until all the contractor's obligations have been fulfilled, including waste disposal and cleanup.

Two North Carolina Workers Fall From Roof.

Fri, 06 May 2011 08:00:00 EST

According to a WBTV.com report, two construction employees working on the roof of a home in Myers Park, Charlotte, fell about 20 feet last Thursday morning. Both men were transported to a local hospital. One was soon released, and the other is being treated for serious injuries. The cause of the fall is not clear at this time.

Construction site accidents in North Carolina happen frequently. Many reasons account for a higher accident rate in the construction industry than in other activities. Some of them have to do with the reliance on sub-contractors and the presence of so many different firms and employers on the site: property owner, general contractor, sub-contractors, architects, engineers and suppliers of services, material and equipment.

Building sites are often chaotic and crowded places where many people working for these different employers perform their work without much training or coordination, without knowing or even understanding each other.

If you are injured on a construction site, your employer may be legally responsible for your injuries, but any one of the other firms working on the site could also be held liable.

Whether you should file for workers' compensation or hold another company accountable for your injuries depends on many elements of your situation. Who is your employer? Do they have workers' compensation insurance? Under whose orders were you acting? Who caused the accident? Before doing anything else, ask an experienced North Carolina workers' compensation attorney like Accidental Injury Advocates, Ltd. for a free evaluation of your case.

North Carolina Fatal Work Accidents Up in 2010.

Fri, 22 Apr 2011 08:00:00 EST

The North Carolina Department of Labor preliminary figures on work accidents in 2010 show that the number of fatally injured workers increased from 34 in 2009 to 48 last year.

The year-end total of 48 is still below the 53.2 average recorded in the last five years. The 15 fatal work accidents on construction sites continue to represent the largest share of the total. Safety issues on construction sites have repeatedly been highlighted on this website.

Deadly work accidents in the manufacturing sector declined from eight to six in 2010.

Mecklenburg County had the highest concentration of fatal work accidents with seven workers killed in 2010, while Pitt County and seven other counties had two.

The North Carolina rate of injury and illness is currently at an all-time low, decreasing from 5.3 per 100 full-time workers in 2000 to 3.1 in 2009.

Interestingly, many fatal accidents occur on Tuesdays (27 percent of the total). Monday is a low accident rate day (9 percent). The high fatal accident rate on Tuesdays is confirmed by the 2009 and 2008 statistics.

For the family of a worker killed on-the-job, grief can be overwhelming and it often takes many years to adjust to the new reality of a missing spouse, father or mother, and breadwinner. Surviving relatives of the worker have a right to compensation for which they are advised to arrange for a free consultation with an experienced North Carolina workers' compensation lawyer.

Falls Are a Major Hazard at North Carolina's Workplaces.

Wed, 20 Apr 2011 08:00:00 EST

The North Carolina Department of Labor (NCDOL) publishes useful handbooks to prevent work injuries, with safety instructions that are applicable to any kind of industry. Many of these instructions are regularly forgotten or neglected.

The NCDOL should know, as they are responsible for the implementation of OSHA mandated labor safety regulations and procedures and processing all work accident related statistics.

Falls are the most frequent cause of fatal accidents at work. Workers fall due to a loss of balance or a lack of bodily support. Workers don't stay securely on the ground floor at all times. To do their job, they need to go to places from which a fall is possible: on the roof, on ladders, scaffolds, stairs or near gaping openings.

A professional and targeted fall prevention procedure is likely to be as detailed as outlined in the NCDOL brochure, but a few excerpts can be used on the go:

Ladders: Use non-conductive ladders near electrical equipment. Do not use the top step of a stepladder. Avoid slippery floor surfaces. Always have a second person securing the ladder from underneath when the ladder is more than eight feet high.
Scaffolds: Scaffold planks must extend no less than six inches over their end supports. The poles, legs and uprights must be plumb, securely braced and set on sound footing. Guardrails shall be used on scaffolds 10 feet or more above ground, and scaffolds shouldn't be used in windy or icy weather conditions.
Walking and working surfaces: Floors or platforms more than four feet high must be guarded. Guardrail systems must be capable of resisting at least 200 pounds of force applied to the top of the rail. Guardrails must not have rough or jagged surfaces that would cause punctures, lacerations or cuts.

Workplace injuries should be prevented at all cost. If an accident happens anyway, North Carolina workers have a right to compensation, for which they should contact the experienced workers' compensation law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Four North Carolina Construction Workers Injured When Roof Collapses.

Mon, 18 Apr 2011 08:00:00 EST

The Buncombe County Emergency Operations Center informed that four workers were taken to a hospital for treatment after an accident at a building site, according to WRAL.com.

The workers were building a Korean Methodist church in Skyland when the roof collapsed. Apparently, six people were injured but two refused treatment.

The four injured workers were taken to Mission Hospital in Asheville. Two are said to be in serious condition and two in fair condition.

With 816 fatal accidents and tens of thousands of seriously injured workers in 2009, the construction industry is more dangerous than any other activity.

Building sites are dangerous for reasons that were explained in greater detail in a recent article on injured construction workers.

Often times, construction work is performed by contractors and their sub-contractors who have little regard for the state and federal safety rules that are so essential to protect workers.

Injured workers and the family of employees killed at work struggle with the physical, emotional and financial consequences of the accident. In many cases, they will also fight a frustrating battle to get the benefits to which they are entitled under North Carolina's workers' compensation rules.

If you or someone you love has suffered an accident at work, contact the experienced workers' compensation law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

North Carolina Construction Worker Injured

Fri, 08 Apr 2011 08:00:00 EST

Last Wednesday at about 4:30 p.m. Jesse Lee Powell of Bessemer City, N.C. was injured by a falling rock while clearing brush along a section of the Great Smoky Mountains National Park Foothills Parkway. The rock, approximately 4 feet by 2 feet by 2 feet, rolled approximately 20 feet down a steep slope and landed on Bessemer. The road is under construction and the accident occurred at about ten miles east of Walland in Blount County, TN.

According to a report by the Seymour Herald, the National Park Rangers responded to the scene where they were aided by Blount County first responders to stabilize the injured worker and lower him some 20 feet to the road where he could be carried to an ambulance.

Bessemer was subsequently transferred to a Lifestar helicopter and transported to the University of Tennessee Medical Center. He was treated for minor injuries and released.

Bessemer worked for Phillips and Jordan Construction, a subcontractor of Lane Construction of Charlotte, N.C., the company in charge of the Parkway works for account of the Federal Highway Administration.

Workers are frequently injured on construction sites and there are many reasons for this, as we have outlined in a recent article.

If you or someone you love has suffered an accident at work, contact now the experienced workers' comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Explosion at North Carolina Power Plant Kills Young Technician.

Tue, 05 Apr 2011 08:00:00 EST

What set off last Tuesday's explosion at the Wilmington power plant is not yet clear. The blast erupted at about 9 a.m. on one of the three coal-fired units of the Progress Energy power station, and killed Cory Rogers, a 24-year-old instrumentation and control technician from Burgaw. Rogers was conducting routine maintenance on an offline generator when the explosion occurred.

The attorneys of Accidental Injury Advocates offer their heartfelt thoughts to the family and friends of Cory Rogers.

In a statement reported by Fire Engineering, Progress Energy spokesman Mike Hughes said: "Working for an electric utility in that capacity can be dangerous work. That's why safety is such a huge part of our company's culture."

The comment referred to the risks of working around complex electrical equipment. Hughes further explained that coal-fired units cycle on and off according to demand. The Wilmington site, off U.S. 421 North includes three small combustion turbines and three coal-fired steam units. The 600-megawatt plant was opened in 1954 and is scheduled to be replaced with a natural gas-fired combined cycle unit in 2014.

Every year dozens of workers suffer wrongful death and serious injuries at work, most cases being compensated under North Carolina workers' compensation laws.

If you or someone you love has suffered an accident at work, contact the experienced workers' comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

ConAgra laying off workers and preparing to close Garner N.C. plant.

Thu, 31 Mar 2011 08:00:00 EST

In June 2009, four workers were killed and some twenty injured at the Garner Slim Jim food plant when a massive explosion led the roof to collapse, ignited fires and caused an ammonia leak. Some of the injured workers sustained severe burns, broken bones and head injuries.

The ConAgra plant employed 300 people at the time and reduced its workforce to 237 today. The factory was too damaged to be rebuilt to present standards, which is why ConAgra decided to move the Slim Jim jerky production to a newer facility in Troy, Ohio.

Some 200 employees will be laid off by April 2011, according to a NewsObserver.com report, and the remaining workers will be let go or transferred. A deal with the union representing hourly employees has been reached whereby ConAgra agrees to provide severance, outplacement services, job retraining and performance incentives to help the laid off workers with the transition.

In a recent News article about explosions in North Carolina factories, we pointed out the serious risks of death and injury to which workers are exposed. Many production, storage and construction sites use chemicals, gases and fuels, or create highly inflammable fine particle dust that explode or ignite in confined spaces with the tiniest spark.

Receiving just compensation after a serious workplace accident can be a challenge. Do not hesitate to contact the experienced workers' comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Finance News Article on Proposed NC Workers Comp Reform Bill

Sun, 27 Mar 2011 08:00:00 EST

The Reform Bill Proposed by Republicans will "strip the guts" out of North Carolina Workers Compensation and shift the burden of responsibility for seriously injured workers from the private sector to the taxpayer. But don't take our word for it.

See this article on the proposed bill, which any way you shake it, makes no sense, unless you are an insurance company executive. Then, it makes a lot of sense, as you watch your company profits take off.

By the way, do you think insurance companies are hurting? They are making more money than ever.

North Carolina Potash Mine Worker Suffers Fatal Accident

Fri, 18 Mar 2011 08:00:00 EST

Last week David Clark, a 51-year-old superintendant for Trader Construction was fatally wounded at the Potash Corp.'s mine near Aurora. David Clark died from blunt trauma to the head.

A backhoe was being used to position a 24-inch diameter pipe into place when the pipe struck the superintendant in the head. Clark, a 24-year employee of Trader, died on the way to the hospital.

The attorneys of Accidental Injury Advocates send their heartfelt thoughts to the family of the deceased worker.

Contractors working in many different workplaces like building sites, roads, mines, and power plants are far more exposed to serious work accidents if:

They work in confined and crowded places;

Their work is often poorly coordinated with workers of other firms;

The site is generally a work in progress, unfinished, treacherous and unfamiliar to most workers;

For injured workers and their loved ones, the accident is often the beginning of a long struggle to get adequate medical treatment, compensation for disability and wage loss or, as in the above mentioned accident, compensation for death.

Under the complex and often confusing North Carolina's workers' compensation rules, it can be very difficult to know what your rights are. All too often, your employer and their insurer do not have your best interests at heart and pressure you to accept a settlement that you might regret for the rest of your life.

Do not hesitate to contact the experienced workers' comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Can workplace ergonomics help injured workers in North Carolina?

Thu, 17 Mar 2011 08:00:00 EST

Many North Carolina employees get hurt on the job, not because of a sudden accident, but because they are exposed to physical demands they cannot cope with.

These work injuries are mostly the result of:

Repetitive, forceful and prolonged exertions of arms and hands;
Frequent or heavy lifting, pushing, pulling or carrying heavy objects;
Prolonged awkward postures;
Exposure to vibration, cold, heat, noise, and fumes

For many years physical therapists have looked at innovative ways to help injured workers recover, and to study how job demands can be fitted to the capabilities of the working population. This is what is called workplace ergonomics.

Employers can save a lot of money using workplace ergonomics to improve the way tasks are executed, and to match them with employees who can physically cope. If you alleviate the burden, design better tools and train employees to perform their work in a safe way, productivity increases immediately. At the same time, you reduce absenteeism and workers' compensation costs. Both employers and employees win.

In a recent statement, a North Carolina company that specializes in workplace injury prevention and on-site injury management announced that corporations can now get injury prevention and therapy quotes on-line, as well as prices for functional job descriptions and physical ability testing.

You will find a wealth of additional information on employee accidents and workers' compensation on attorney Joseph Miller's website's Library, Blog and News sections.

Is the North Carolina's workers' comp system under threat?

Tue, 08 Mar 2011 08:00:00 EST

After decades of fighting for the rights of workers killed or injured in North Carolina workplace accidents, workers’ compensation attorney Joseph Miller has watched how benefits have shrunk over the years and workers and their families have become increasingly unable to get adequate compensation for the long term costs associated with serious work injuries and death.

Not only do workers and their loved ones struggle for their financial survival, they are at times denied adequate medical care and rehabilitation services, barred from work equivalent to their previous one, refused just and permanent compensation for permanent disability and awarded inadequate benefits for wrongful death.

To make a bad story worse, a bill to reform workers’ compensation laws in North Carolina will be introduced to the state’s General Assembly, slashing benefits further. Under the proposed “reform,” lawmakers want to limit workers’ comp benefits after 500 weeks (9 ½ years) for permanently and totally disabled accident victims. Other provisions are expected to force workers back to work in low-paying jobs with few benefits and push the cost of caring for injured workers to the Social Security Disability, Medicaid and Medicare programs, paid by taxpayers.

More than ever, if you or someone you love has suffered an accident at work, you need to contact the experienced workers’ comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Flash-fire at Greensboro plant raises the issue of facial disfigurement

Mon, 07 Mar 2011 08:00:00 EST

Last Thursday, a Sherwin-Williams worker was burned to his arms and face in a flash fire at the company’s Greenboro’s plant. According to News Record the Greensboro Fire department believes that methyl ethyl ketone vapors ignited, causing the fire. The chemical is a solvent used in the fabrication of paint.

The worker, whose name has not been released, was treated at Moses Cone Hospital for minor injuries.

Paint production facilities use enormous quantities of highly inflammable chemicals, and it is very fortunate that the worker escaped with minor burns and that the fire did not spread to other installations.

Workers who have been caught in accidental fires and explosions often end up with severe burns. Full thickness burn wounds take time to heal and usually leave permanent scars. When the head has been injured, burns can lead to serious facial disfigurement.

In a recent article about facial or head disfigurement, we pointed out that the North Carolina Industrial Commission can award “proper and equitable” compensation for head disfigurement, up to a maximum of $20,000. This benefit is however not granted if the worker is permanently and totally disabled.

If you or someone you love has suffered an accident at work, contact now the experienced workers’ comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Greensboro N.C. teacher assaulted at work.

Thu, 24 Feb 2011 08:00:00 EST

Last week, according to FoxNews.com, a pre-Kindergarten teacher was attacked at gunpoint while working after hours at the Alderman Elementary School in Greensboro, N.C.

She was tied up and locked into a classroom, after which the robber stole her ATM card and took off with her SUV. Police are still searching for the suspect and the teacher’s stolen car.

Fortunately the teacher, who has been praised for her dedication to work, escaped unhurt.

This incident raises the question of assaults at work. Violent acts are the second most frequent source of death and injuries at work, after transportation accidents. But, not all injuries due to violent acts qualify under North Carolina’s workers’ compensation rules. To qualify, the assault must present one or more of the following characteristics:

Unexpected and without design on the part of the victim;
Caused by a co-worker or contractor, the assault being peculiar to the work and not common to the neighborhood;
Incidental to the business character and the employee relation;
Originating in the employment and flowing from that source.

The above are rough guidelines, to be further refined with the specifics of each case, but the rule of thumb is that the accident should somehow have arisen from the nature of the work activity.

If you or someone you love has suffered an accident at work, contact the experienced workers’ comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

N.C. Labor Department wants better work accident prevention.

Wed, 23 Feb 2011 08:00:00 EST

“A good safety record is something to be proud of, and businesses deserve to be recognized for their efforts”, North Carolina Labor Commissioner Cherie Berry said in a recent interview. The Department of Labor is now accepting applications from companies that qualify for a workplace safety award, given to those who have successfully developed and implemented above average safety procedures and tools for the worksite under consideration. According to the Citizen-Times news report, awards are granted to businesses that had no fatal accident and less than 50 percent of the industry’s average rate of injuries and illnesses.

Award recipients will be honored in their communities at banquets sponsored by the N.C. Department of Labor and local chambers of commerce. Obviously, these awards reflect positively on the company’s reputation and image and allow them to attract talented and ambitious personnel.

For all our experience in getting workers’ comp benefits for North Carolina employees who have been hurt on the job, preventing accidents should always be an employer’s top priority. This makes sense from a human and economic point of view.

In many cases, North Carolina workers injured at work are fighting an uphill battle trying to receive compensation for lost wages and medical bills, or getting the adequate medical treatment or impairment rating they deserve.

If you or someone you love has suffered an accident at work, contact the experienced workers’ comp law firm Accidental Injury Advocates Ltd. in Elizabeth City for a FREE consultation with attorney Joseph Miller, Esq who has been representing injured North Carolina workers for over 20 years.

Back pain and workers' compensation in North Carolina.

Mon, 14 Feb 2011 08:00:00 EST

In North Carolina, as in the entire country, back injuries are the number one reason for workman’s compensation claims. There are a number of specific issues with back injuries that increase not just the size but also the complexity of the problem:

Most adults endure recurrent back pain, whether they work or not;
It is therefore common to have a back injury claim contested as “not related to an accident” or “pre-existing to the accident”;
Back injuries are very difficult to diagnose, and therefore also difficult to treat;
If not treated by surgery, which is expensive, back pain treatment can take a long time;
The cost of absenteeism due to lower back pain or back and neck injuries is enormous.

Because of the high cost, long duration and frequency of back injury claims, employers and their insurance carriers will focus on getting the injured worker the treatment to allow him to get back to work faster. On the other hand, if the worker is injured again and claims it is because he was not given enough time to heal, a lot of complications will arise.

How should employers and employees deal with back injuries?

Looking at the problem from the standpoint of a workers’ comp attorney, and not a physician, the guidelines we offer are broad, but helpful nevertheless:
Avoid surgery if you can. Many studies have shown that, except when the injury is clearly diagnosed and the intervention is obviously required, many patients do not feel better twelve months after surgery than patients having healed through other therapies.

Favor healthy exercise. In most cases, lower back pain can be corrected by strengthening muscles and reducing overweight. Intense pain can be temporarily alleviated with anti-inflammatory drugs, while specific stretches and core exercises will reinforce these muscles that will sustain and protect the weaker spine areas.

Look at the job and the tasks. Most people at work have a natural tendency to execute movements and adopt body positions that are intuitive, but not necessarily right. There is a proper way to lift, push, pull, twist or press. You cannot stay in awkward positions long or use heavy tools for hours on end without a rest, stretches or doing something else.

Many lower back injuries sustained at work require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

Should North Carolina's employees expect more cuts in workers' compensation benefits?

Fri, 11 Feb 2011 08:00:00 EST

ABCNews13 reports that new Republican leaders announced this week that they will balance North Carolina’s $3 billion-plus budget gap this year with spending cuts rather than with taxes.

Speaking at an annual conference in Raleigh sponsored by the state’s Chamber of Commerce, the House speaker and Senate leader said budget balancing will start in July this year, adding that GOP legislators will also work on reducing regulations on businesses.

Meanwhile the Chamber of Commerce lead lobbyist stated that one of the Chamber’s goals is to reduce employers’ costs for workers’ compensation claims.

It’s not as if the North Carolina workers’ comp system was overly generous towards employees hurt or killed at work. More than ever, workers and their families will have to fight for their basic rights to:

Recover lost wages
Reimbursement of medical costs
Adequate medical treatment
Adequate rehabilitation therapy
Compensation for lower rated or lost work
Compensation for permanent disability
Compensation for wrongful death

Employees who have suffered a work accident in North Carolina are often dismayed by the way their benefits are calculated, by the doctor’s diagnosis, by the new job accommodation, by their impairment rating or by the clincher deal they are being asked to sign. Often times, employers and their insurance carriers make decisions solely based on their financial impact. Serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

Louisburg construction worker killed by excavator.

Thu, 03 Feb 2011 08:00:00 EST

According to a Newobserver.com report issued in Raleigh, Ricardo Rios Telles, 34, was killed on Saturday morning while working to install new sewer lines at Short and South Elm streets.

Telles and a co-worker were using an excavator to move a concrete pipe section, when the co-worker’s clothing became entangled in the controls. As a consequence, Telles was crushed between the excavator and the concrete pipe and died instantly.

Both employees worked for the DeVere Construction Company. According to the North Carolina Department of Labor, this company has had at least five safety violations and two complaints filed against it in 2007 and 2008. A Labor Department investigation is underway.

The attorneys of Accidental Injury Advocates send their heartfelt sympathies to the family and friends of Ricardo Rios Telles.

Once again, work safety at construction work sites appears to be sub-standard with tragic consequences, and compensation for wrongful death in North Carolina will never make up for the loss of a young worker in his prime.

Many serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

Three men overcome by gas fumes in Winston-Salem. One dies.

Fri, 21 Jan 2011 08:00:00 EST

On Wednesday at around 10 a.m. two workers of Jade Ramey Construction LLC were doing repair and maintenance work on the raw-water pipeline between Salem Lake and the Thomas Water Treatment Plant. They had been in the manhole for 15 minutes when they were overcome by gas fumes. Another employee of the contractor came down to help them but was also overwhelmed by the fumes, according to the WXII12.com report.

All three employees were taken to Wake Forest University Baptist Medical Center where one of them, Herman Wilson, 62, died.

The attorneys of Accidental Injury Advocates, Ltd extend their warmest sympathy to the family and friends of Mr. Wilson.

City officials informed that the construction company had been contracted to clean out the pipeline and make repairs preparing the rebuilt Thomas Water Treatment Plant for operation later in the year. OSHA officials are currently investigating the accident.

As we have pointed out in recent articles, working in confined spaces is dangerous and requires a set of precautions, going from special equipment such as oxygen masks and supply, manhole guards, measuring equipment and specific training, communication and intervention procedures. Protecting workers from deadly and crippling accidents is the employer’s duty and labor safety regulations should be strictly enforced.

Many serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

What North Carolina workers compensation issues are sure to impact 2011?

Wed, 19 Jan 2011 08:00:00 EST

In a recent article, the Institute of WorkComp Professionals expects 2011 to be far more challenging than last year. What new elements and trends are showing up?

Frequency of claims: The declining claims frequency that held since 1991 is now flattening and could start rising soon. One reason could be the strengthening job market as the hiring of inexperienced new employees raises the accident rate.
Rising medical costs: The costs associated to Workers Compensation claims continue to rise at a faster rate than the medical consumer price index. One reason is the rise of claims without a clearly defined treatment pathway, such as joint and back strains. Another cause is the extremely high cost of specialized physicians. About 3.8 percent of the physicians involved account for 72 percent of the costs.
OSHA activity stepped up: The Occupational Safety and Health Administration, working with additional funding, staff and higher ambitions, has increased the safety regulation enforcement. This has resulted in more and heavier fines.
Independent contractors: The number of worker class-action lawsuits against employers relating to independent contractors increased by 50% in 2010. State and federal authorities are cracking down on the use of misclassified “contract workers”, forcing employers to pay millions in back wages and charges.
Telecommuting: Working at home can be advantageous for both the employee and his employer, but poses challenges for Workers Compensation. When is an accident at home a work accident? How safe is the work environment at home? The fact is that home work is here to stay and new guidelines will be necessary to provide compensation for work accidents at home.

Many serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

Explosion in Blacksburg auto plant leaves four workers injured.

Sat, 15 Jan 2011 08:00:00 EST

According to a recent report by HamptonRoads.com an explosion inside the Blacksburg Federal Mogul plant injured four workers last Friday, all of them contractors from Roanoke–based LCM Corporation.

Two workers, Jeffrey Hodges, 45, of Botetourt County and Tommy Bonds, 53, of Narrows were seriously injured and were airlifted to Wake Forest University Baptist Medical Center in Winston Salem, NC with critical burn injuries.

The attorneys of Accidental Injuries Advocates express their warmest sympathy to the injured workers and their family and wish them a full recovery.

The LCM Corp. workers were cleaning ducts of aluminum dust when the explosion occurred. The dust, a by-product of Federal Mogul’s roller bearing production process, is flammable and is evacuated through ducts that require regular cleaning.

The other two LCM workers hurt in the explosion sustained light injuries.

At the end of last year, we posted a News message on factory explosions caused by dust. This is sadly a reminder that the risk of dust explosion in a confined space is only too real.

Many serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

North Carolina middle school principal victim of shotgun assault gets workers' compensation.

Wed, 05 Jan 2011 08:00:00 EST

Fairmont Middle School Principal James Hunt was actively engaged in anti-gang activities, organizing rallies and meetings at the school to urge students to come forward for help if they wanted to get out of a gang. Last year, while driving in the morning towards the school, the principal was severely hurt when a motorist pulled up alongside his car and shot him in the face. Hunt had to undergo more than a dozen surgeries to repair his shattered jaw and mouth.

According to a recent report in the Sun News, a North Carolina Industrial Commission official ruled in favor of James Hunt, stating that the injury was most probably the result of his anti-gang activities at school and should therefore be covered by the Robeson County School System’s workers’ compensation insurance.

The decision was helped by the fact that Hunt was given a travel allowance to cover expenses related to his job, including commuting to and from the school. This, the Commission argued, meant that Hunt was on duty when he was attacked.

For Principal James Hunt the decision means he will collect wages since the shooting and reimbursement for all related medical expenses. Although much relieved, Hunt finds it unfortunate that he has had to battle his employer, the school system, to get the help he needed after this tragic accident.

Many serious work accident cases in North Carolina require the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

North Carolina construction work fatalities sharply down in 2009.

Mon, 03 Jan 2011 08:00:00 EST

Workplace fatalities in 2009 dropped by 40 percent in our state, from 57 to 34 according to Department of Labor figures. In the construction industry the decrease was 17.6 percent, from 17 to 14 fatal accidents.

Lower fatality numbers are due in part to the depressed economic environment, which is why other statistics offer a better indication of improved safety: the fatality rate per 100,000 full-time equivalent (FTE) workers. Over the last four years, the fatality rate per 100,000 FTE workers on North Carolina construction sites has come down from 9.0 to 6.98, which shows a more impressive improvement than in other industries.

Not surprisingly, falls are the major cause of building site accidental deaths. Fatal accidents in North Carolina per type of event break down as follows:

9 fatalities due to falls;
8 people died in explosions;
5 workers were crushed by objects;
5 workers were struck by objects;
3 fatalities from electrocution;
and 4 workers died from other events.

If better figures on workplace fatalities are good news, there are still far too many workers sustaining injuries at work, and particularly on construction sites. Many of these injuries are serious, leaving the worker and his or her family in distress. Lost wages, high medical bills, pain and suffering, and for some, the prospect of permanent disability and work incapacity.

Most serious work accident cases in North Carolina can be better solved with the support of an experienced workers’ comp law firm like Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years.

Explosions leave many workers injured and dead in processing plants.

Mon, 20 Dec 2010 08:00:00 EST

In 2003, three catastrophic dust explosions made many victims, prompting investigations. In one North Carolina plant, West Pharmaceutical Services in Kinston, 6 employees were killed and 38 were injured. Explosions in plants in two other states left 8 workers dead and 43 injured. In 2008, a devastating explosion in a sugar processing plant in Georgia caused the death of 14 employees and left several others critically injured.

All these explosions were caused by the accumulation of very fine particle organic dust ignited by a spark or static electricity.

Most people tend to believe that explosions only occur in the presence of highly combustible materials, like gasoline, chemicals or propane. The fact is that organic products, when forming a dense cloud of very fine particulates, become explosive. This is how most plants, and especially those handling bulk materials like sugar, grains or coal, can be subject to high explosion risks in specific areas of the plant. The dust cloud in open air would only cause a flash fire, but becomes extremely dangerous when it is confined, in a silo for instance.

Employers have a duty to enforce strict safety rules to minimize the risks of workplace accidents in North Carolina. When accidents at work do happen, leaving workers dead or with injuries, claims for compensation are exclusively handled under the North Carolina Workers’ Compensation laws. This means that the victims and their relatives cannot privately file a liability or negligence claim against the employer.

Workers’ compensation attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at your workplace and have questions about the medical benefits and compensation offered, contact attorney Joseph Miller at Accidental Injury Advocates Ltd. in Elizabeth City. Call us locally at 757-455-8889 or toll-free at 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

North Carolina trucker without a single crash after one million miles.

Sat, 18 Dec 2010 08:00:00 EST

One of the activities with the largest number of work accidents in North Carolina is the transport and trucking industry. Drivers of utility trucks, buses, coaches, commercial vehicles and large trucks are constantly exposed to accidents, whether they are driving, loading, unloading or servicing their vehicles.

But, today is the time to pay tribute to one North Carolina truck driver who has done more than anyone could think possible to keep him and others safe on the road. Bernard Morrison from Gastonia, aged 53, has been driving more than 1.2 million miles since he joined Brown Trucking in Shelby, in March 1997 without a single accident.

In a detailed report, the Gaston Gazette gives Morrison’s impressions as he remembers a few close calls, some terrible storms, and his way to fight drowsiness: jazz, a Hershey bar and Coke, but more importantly, a stop and short sleep when it gets too difficult.

Driving an average of 7,500 miles a month, Morrison starts at 3 a.m. and regularly puts in 11-hour days. He does not complain, and is happier now making shorter trips allowing him to be home every night, than in the early days when he would at times be away from his home for weeks at a time.

His wife Josephine fully agrees, with whom he has three daughters and three sons, in addition to eight grandchildren.

Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at work and have questions about the medical benefits and compensation offered, contact today attorney Joseph Miller at Accidental Injury Advocates Ltd. in Elizabeth City. Call us locally at 757-455-8889 or toll-free at 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Are younger workers safe at work in North Carolina?

Thu, 16 Dec 2010 08:00:00 EST

A great many young people in North Carolina take the occasional job or enter the labor force every year, and discover a new world at their workplace. This can be exciting but is not without risks for workers and employees who have little to no experience about safety procedures and workplace risks.

Earlier this year a report by the National Institute for Occupational Safety and Health made the news. Having analyzed work accident statistics over the 1998 – 2007 period with the purpose of identifying the injury rate of younger workers (aged 15 – 24 years), the report came to a number of interesting conclusions:

During the period observed 5,719 young workers died from occupational injuries;
The fatality rate of younger workers was, at 3.6 deaths per 100,000 full-time equivalent (FTE) workers lower than that of workers aged 25 or more (4.4 deaths per 100,000 FTE);
The fatality rate of younger workers declined by 14% over the length of the observed 10-year period.
The picture is, however, much bleaker when it comes to non-fatal injuries:
During the period, an estimated 7.9 million nonfatal injuries to younger workers were treated in the country’s hospital emergency departments (ED);
This amounted to a rate of 5.0 ED-treated injuries per 100 FTE which is approximately two times as high as the rate for older workers.

Workers’ compensation attorney Joseph Miller joins the report’s call to public health, labor and trade organizations to provide safer workplace for younger workers. Employers need to enforce strict procedures to protect inexperienced younger workers from accidents.

Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at your workplace and have questions about the medical benefits and compensation offered, contact attorney Joseph Miller at Accidental Injury Advocates Ltd. in Elizabeth City today. Call us locally at 757-455-8889 or toll-free at 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Paving Truck Kills North Carolina Highway Construction Worker

Wed, 08 Dec 2010 08:00:00 EST

According to WNCT.com and other reports, 57-year-old Charles Barnes, of Murfreesboro, was killed when a dump truck backed over him during paving work at the new Pungo Creek Bridge, between Belhaven and Bath. The truck’s reverse warning alarms were functioning, but the worker apparently did not hear them because of the prevailing noise.

The attorneys of Accidental Injury Advocates Ltd. of Elizabeth City send their most sincere condolences to the family, relatives and friends of the victim.

“The victim did not work for us,” said a North Carolina DOT spokesman, “he was employed by Rose Brothers Paving, of Ahoskie.”

This is the fourth highway construction fatality this year in Eastern North Carolina, with a crane worker killed on the Grimesland Bridge project in Pitt County, a contract worker falling off the Manns Harbor Bridge in Dare County, and a NC DOT flagger who was killed on the I-40 in Duplin County.

Accidental death at work often leaves the bereaved family in a state of shock. The brutal loss of a loved one combines with the disappearance of his or her wage earning capacity to create confusion and anxiety about the future. Under North Carolina law, fatal accidents at work are subject to compensation to the family of the deceased employee.

Are North Carolina's state and local government workers more at risk?

Fri, 03 Dec 2010 08:00:00 EST

The U.S. Department of Labor announced on November 17, 2010, that the number of non-fatal occupational injuries and illnesses decreased by nine percent in 2009 for private industry, state and local government employees.

Interestingly, the published statistics also revealed that state and local government workers suffered far more occupational accidents and illnesses requiring days away from work than workers in the private industry. The Bureau of Labor Statistics report shows an incidence rate at 185 cases per 10,000 full-time employees for state government workers, at 180 for local government workers, and at only 106 cases in the private industry. The high occurrence of work related injuries and illnesses is spread among many public employee occupations, particularly transit and intercity bus drivers, law enforcement officers, emergency response workers, nursing aides and orderlies. One could also question the efficiency of work accident prevention in a number of public occupations.

On the other side, the economic recession in 2009, especially in construction and manufacturing, could have led to fewer workers exposed to higher risk activities. We could also point out that employees in the private sector are less protected from employer and insurance carriers’ tactics to limit benefits and days away from work.

If the lower incidence of workplace related accidents, in North Carolina and elsewhere in the country is welcome news, injured workers are still often at the mercy of unfair practices denying them the workman’s compensation to which they are entitled.

Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at your workplace and have questions about the medical benefits and compensation offered, contact today attorney Joseph Miller at Accidental Injury Advocates Ltd. in Elizabeth City. Call us locally at 757-455-8889 or toll-free at 888-694-7994, or send us an e-mail for a FREE, no commitment discussion of your case.

Is North Carolina a Safe Place to Work?

Wed, 24 Nov 2010 08:00:00 EST

According to the Winston-Salem Journal, the U.S. Department of Labor (DOL) has just issued a 2009 report showing the state of North Carolina among the best in the country in terms of work safety. North Carolina’s rate of 3.1 workplace injuries per 100 full time workers is down from 3.8 the previous year and from much higher rates in earlier times.

According to Cherrie Berry, the state’s Labor Commissioner, these excellent results reflect a better cooperation with the federal DOL, and a focus on dangerous activities such as construction, rather than spreading limited resources across all industries.

Some experts and consultants disagree and argue that cheating in the reporting of accidents accounts for much of the low accident rates. It is true that North Carolina state fines on breaking rules are not as severe as federal fines.

Commissioner Berry is aware of this situation and explains that, recently, NC fines have increased to reflect the higher federal penalties.

In a system where employers cannot be held liable for negligence in case of a workplace accident, the DOL and the state of North Carolina have a duty to keep the pressure on employers. All employers should realize that it is in their best interest to provide a safe environment for their workers and employees.

Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at your workplace and have questions about the medical benefits and compensation offered, contact attorney Joseph Miller today at Accidental Injury Advocates Ltd. in Elizabeth City. Call us locally at 757-455-8889 or toll-free at 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Fatal Accident at Edenton, NC Peanut Plant

Tue, 23 Nov 2010 08:00:00 EST

According to a WCTI12.com report, a man was killed at the Edenton, Chowan County peanut processing plant when his harness got entangled in machinery. The worker, Steven Phelps, 25-years-old was dead when the emergency crews arrived on the scene.

The plant is part of Seabrooks Ingredients and produces roasted peanuts, peanut butter and peanut extracts.

Elizabeth City workers’ compensation attorney Joseph Miller conveys his sincere condolences to the family, friends and colleagues of Steven Phelps.

Mr. Phelps is the unfortunate victim of an accident that probably no one could have foreseen or prevented. Work accidents in North Carolina are rarer nowadays due to better and more widespread accident prevention measures, but they have not disappeared altogether.

Negligent or not, employers cannot be held liable for injuries or death at the workplace. These accidents are exclusively compensated by the North Carolina Workers’ Compensation Act. In the event of death, a claim should be filed with the North Carolina Industrial Commission within two years of the accident.

Compensation for death is paid for 400 weeks at two thirds of the calculated average weekly wage of the worker. These benefits are paid to the widow, widower, or next of kin. If a surviving spouse is physically or mentally disabled, the compensation may continue during the life of the spouse or until remarriage.

Benefits to a dependent child will be paid for 400 weeks or until the child reaches the age of 18. Funeral expenses are compensated up to $ 2,000.

Attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. If you have suffered an accident at your workplace and have questions about the medical benefits and compensation offered, contact attorney Joseph Miller today at Accidental Injury Advocates Ltd. in Elizabeth City. Call us locally at 757-455-8889 or toll-free at 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Hurt at Work Due to Negligent North Carolina Employer

Fri, 12 Nov 2010 08:00:00 EST

When an employee got badly injured by a violent co-worker, the police investigation uncovered the culprit had a history of similar acts of violence. This prompted the injured employee to file suit against the North Carolina employer accusing them of having been negligent in their background checks when they hired the violent man. The plaintiff further argued that this negligence had resulted in a serious risk that employees would be attacked and injured at work. The employee had been awarded workers’ compensation benefits in North Carolina as a result of his injuries.

The defendant declared having done the usual reasonable background checks on the attacker which had not produced any record of a violent past or behavior. It is probable that the police investigation had access to better and more detailed information than the employer.

The injured employee failed to win the case when the court ruled that workers’ comp was a suitable remedy to the injuries suffered, for the following reasons:

One of the workers’ compensation system’s objectives is to protect employers from liability suits from injured employees. This principle leads to offer compensation regardless of who is at fault. Only in the very narrow case where the employer has an intent to hurt the employee would the employee be able to sue the employer;

And, the background checks had been normal for the intended purpose and had not produced any indication of violence by the time the attacker was hired.

Workers’ comp follows the principle of exclusive remedy. This means that when an employee is injured at work, he is entitled to benefits even if the accident was caused by him. On the other hand, he will have to forsake any lawsuit against a negligent employer. The system was designed to avoid endless discussions and suits about the causation and responsibility of workplace accidents while swiftly offering medical care and fair compensation to the victims of accidents at work.

In the many cases where the North Carolina workers’ comp system is neither swift nor fair you could need the support of an experienced attorney who focuses exclusively on benefits denied to injured workers. If you feel that this is your case, contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.

Injured From a Slip and Fall Accident at a North Carolina Workplace

Wed, 10 Nov 2010 08:00:00 EST

The boundaries between an accident “at work” and in your private sphere of activities can be the subject of intense debate, be it only because the rules applicable on each side of the border are so different.

A recent North Carolina Court of Appeals held that a worker, injured when she fell in the parking lot of her workplace, was not entitled to workers’ compensation.

When the cleaning company employee arrived at work and parked her car in the parking lot next to her employer’s location, she walked towards the back door of the business and upon reaching the door, slipped on black ice, fell and broke her wrist.

The worker filed a claim under the workers’ compensation rules, arguing that the injury occurred “at work”. Her employer disagreed, and the matter went to court.

The court’s final ruling was that the employee was not on her employer’s “work premises” because the employer did not control or maintain the parking lot which was also used by other companies. One dissenting judge had opined that the employee was so close to the back door of these premises that she should have been considered “at work” in the area where she fell.

In many cases, you will have to fight for your rights to benefits under North Carolina’s workers’ compensation rules. You need to prove that your injuries were sustained at work and that they were not pre-existing, you will have to battle to receive adequate medical treatment, argue about your impairment rating or about the calculated average weekly wage.

If you feel that your workers’ compensation benefits are being denied, contact attorney Joseph Miller Esq at Accidental Injury Advocates Ltd. in Elizabeth City. He has been representing injured North Carolina workers for over 20 years. Call us today at 757-455-8889 or toll-free 888-694-7994, or send us an e-mail for a FREE, no commitment discussion of your case.

BOOK COMMENT CONTEST-WIN A FREE FLEECE JACKET

Wed, 10 Nov 2010 08:00:00 EST

WIN A FREE FLEECE JACKET!!!

NCWORKERSRIGHTS.COM ANNOUNCES BOOK COMMENT CONTEST!!!

The jackets are finally in! Stay toasty this winter with our new NCWR Fleece Jackets. Here’s all you have to do to qualify to win a free NCWR Jacket:

1. Download and read The Nine Biggest Myths About North Carolina Workplace Injuries by yours truly, available for free on our website.

2. Email us your CONSTRUCTIVE comment about the book, either good or bad, positive or negative.

We will pick the best out of every 15 sequential comments to win a jacket, while supplies last. We will mail it directly to you if we pick your pithy statements.

THE RULES:

1. You must be a verifiably credentialed adult. That means sorry, no 15- year- old pranksters posing as someone else just to get a jacket. “Credentialed” doesn’t necessarily mean a fancy professional, even though there’s nothing wrong with that, either. You could be an author, or an attorney, but you could also be a union official, or even someone who works in the human resources department of a company, someone who has been hurt on the job, or simply someone who works in North Carolina. The important thing is that I can prove that you are who you say you are, either through a website, telephone call, or some other means.

2. To qualify as a comment, your comment must contain at least 10 words and have some degree of articulation and thought. “your book sucked,” or “cool book, dude,” isn’t going to cut it.

4. You understand the jackets come in one color—black, and I’ve got large and xtra large. Sorry, no kids sizes.

GOOD LUCK!

Joseph Miller, Esq.

Government Workers Get Hurt on the Job, Too

Fri, 22 Oct 2010 08:00:00 EST

It’s not only private sector employees in North Carolina who are at risk for being hurt on the job. Government employees also are vulnerable, as you’ll find out from a recent federal report.

The U.S. Bureau of Labor Statistics recently reported the number of nonfatal occupational injuries and illnesses leading to days out of work for state and local government workers including injuries in North Carolina to be 277,680 in 2008. Days off of work due to workplace accidents were the most common with service industry employees such as protective services and healthcare support.

Local government workers in industries of work such as building and grounds cleaning and maintenance occupations required about 10 days off from work when hurt. If you read the news headlines, this follows many workplace injuries suffered in North Carolina. Has this happened to you? If so, you should contact a North Carolina workers’ compensation lawyer to answer your questions and guide you through the claims process.

Other kinds of professionals get hurt, too: janitors, patrol officers, and elementary and secondary school teachers. In fact, in local government, these workers accounted for 37 percent of falls.

And workplace accidents do not discriminate between the sexes. Men and women tend to suffer a proportionate number of on-the-job injuries or illnesses.

Perhaps you think your workplace injury is too commonplace to bother filing a claim. Consider this: sprains and strains make up 39 to 43 percent of the injuries and illness of state and local employees, while occupational injuries in general kept people from going to work for an average of eight days.

If you have been injured in a workplace accident, contact Joe Miller, Esq., a North Carolina workers’ comp lawyer, to start the process for your workers’ compensation claim. Also, be sure to order a free copy of the book “The Nine Biggest Myths about North Carolina Workplace Injuries.” Call Joe Miller, Esq. today for a free consultation: 1-877-622-8656.

One DOT Worker injured, One Dead after Tractor Trailer Accident

Thu, 21 Oct 2010 08:00:00 EST

You wake up in the morning feeling confident about your job, your future and your day. Then tragedy strikes, as it did in Warsaw, Duplin County, North Carolina.

Two N.C. Department of Transportation employees were in peril’s way when hit by an oncoming tractor trailer in Warsaw, while heading west on Interstate 40 near mile marker 364. After arriving on the scene, N.C. Highway Patrol said that the tractor trailer driver, Ernest Harris, veered his eyes off of the road to read some papers, while the tractor trailer followed suit, veering into the DOT workers’ lane as they were engaged onsite.

N.C. DOT employee Jonathan King died instantly, as he was struck and immediately pinned between his state vehicle and the vehicle’s hitched trailer. His co-worker, Bradley Williams, was fortunate in that he lived to tell the tale, with obvious physical and emotional scars. Mr. Williams was treated for injuries and released shortly thereafter.

The driver, Mr. Harris, is in dire legal circumstances, as he is being faced with a long list of charges - misdemeanor death by motor vehicle, reckless driving, failing to maintain lane control, and failing to reduce speed.

Are you in a similar situation? Have you been hurt on the job both physically and emotionally and need somewhere to turn for help? You can trust North Carolina workplace injury attorney Joe Miller, Esq., who has been working on behalf of injured workers for more than 20 years. Read testimonials from people like you who have been injured on the job and have worked with Joe Miller to resolve their North Carolina workers’ compensation claims. Call Joe Miller, Esq. today for a free consultation: 1-877-622-8656.

Gaston County Park: Site of Construction Worker's 20-Foot Fall

Thu, 21 Oct 2010 08:00:00 EST

Normally, the Gaston County, North Carolina park near Lowell serves as the site of the county’s largest recreational area, where family and friends go to have a good time. But, that changed when a construction worker—helping to build a dam along the South Fork River tributary, which will eventually house an 11-acre lake—fell 20 feet from a platform. The worker was immediately hospitalized with multiple injuries.

Capt. Robert Sneed, who was on the scene as a representative from Gaston Emergency Medical Services, explained that the worksite contains scaffolding from which the unnamed worker fell, and was rushed by ambulance to the Charlotte-based Carolinas Medical Center.

Although not life-threatening, Capt. Sneed says the injuries are indeed serious, given how the worker fell and the height from which he fell.

Because construction-based falls are so frequent and can have a debilitating effect on your ability to make a decent wage in the future, workers’ compensation lawyer Joe Miller, Esq. is there to help. With his 20-plus years of experience as a North Carolina workers’ comp attorney, Joe Miller not only can help you steer through the red tape that is involved with making your claim, but if you’ve already started your claim, he can help, too.

With the many twists and turns inherent in government programs such as North Carolina workers’ compensation, you need a professional who knows the intimate details of the law and can work tirelessly as your advocate to receive the maximum benefits you deserve.

In the meantime, feel free to download the free book “The Nine Biggest Myths about North Carolina Workplace Injuries” which covers some of the biggest misconceptions work injury victims have about workers’ compensation claims in North Carolina. And, be sure to call Joe Miller, Esq. today for a free consultation at his toll-free number 1-877-622-8656.

Have You Been Affected by a Workplace Fall?

Wed, 20 Oct 2010 08:00:00 EST

Falls in the workplace are more common than you think. The construction industry has many safety protocols in place; perhaps you’re a veteran and think “This could never happen to me,” but construction falls can and do occur more frequently than anyone would like to admit.

While working on a high-rise construction project in uptown Charlotte, NC, a construction worker fell from the scaffolding used to support workers and their tools. After the fall, which occurred at the corner of Fifth and College streets adjacent to the Time Warner Cable Arena, the injured worker was transported to a local Charlotte hospital.

Capt. Mark Basnight with the Charlotte Fire Department confirms that the as-yet unnamed construction worker fell from scaffolding that was situated on the 17th floor of One Bank of America Center. Although the 17th floor is an extreme height, fortunately the worker’s injuries were not life-threatening. .

Workplace falls don’t always occur from extreme heights. In fact, a recent U.S. Bureau of Labor Statistics report indicates that falls occur in various occupations, including those who are janitors, patrol officers, and even elementary and secondary school teachers. The category of local and state government workers alone accounts for 37 percent of all workplace falls!

Whether from an extreme height or at ground level, a fall can be quite serious, especially depending on the force of impact. You don’t have to go through a workplace accident like this alone. Start by downloading the free book “The Nine Biggest Myths about North Carolina Workplace Injuries” that covers some of the biggest misconceptions work injury victims have about workers’ compensation claims.

Follow up with a free consultation from a North Carolina workers’ compensation attorney with over 20 years of experience: Joe Miller, Esq. Call him toll free at 877-622-8656.Find out the facts of North Carolina workplace injuries and get the maximum benefits to which you are entitled.

Forklift Operator Injured

Thu, 14 Oct 2010 08:00:00 EST

A large forklift was overturned at the construction site of natural gas pipelines on the shoulder of U.S. 70 near Lenoir Community College in North Carolina. The worker driving the forklift, who was unidentified at the time of the article, is reported to have suffered a bloody nose along with scrapes to the body and taken to Lenoir Memorial Hospital by Lenoir County EMS.

The injured worker, who was working for drilling firm Delta Directional based in Newton, Miss., was part of the site’s cleanup crew. He was driving the forklift along the shoulder of U.S. 70 when, according to a fellow worker, he approached an incline and the forklift rolled over trapping him inside the cab.

Forklift accidents are not uncommon and can have debilitating effects on your ability to continue working in the future. Be sure to download the free book “The Nine Biggest Myths about North Carolina Workplace Injuries” which covers some of the biggest misconceptions work injury victims have about workers’ compensation claims.

If you have been injured in a workplace accident, contact Joe Miller, Esq., a North Carolina workers’ comp lawyer with over 20 years of industry experience. He can help you get your workers’ compensation claim started on the right track in order for you to receive maximum benefits. For a free consultation, contact Joe Miller, Esq. toll free at 877-622-8656 or visit www.ncworkersrights.com for more information.

Lift Basket Operator Injured

Sat, 09 Oct 2010 08:00:00 EST

A construction worker operating a lift basket at the Onslow County Justice Complex in Jacksonville, North Carolina, was injured when the lift tipped over and the basket hit the side of the new jail being built.

Larry Shambley, who was contracted for Hudson Brothers Construction, was working on the side of the building when the wheel of the lift hit an object on the ground, causing the lift to tip over with Shambley inside the basket. According to Jacksonville Fire Department Battalion Chief Rick New, the worker was stranded approximately 60 feet above ground and had to be rescued by firefighters.

Firefighters reached the stranded basket by using a department ladder and found Shambley not completely coherent by the time they got to him. The worker was complaining of back pains and was transported to a hospital, but later released the same day without any major injuries noted.

This new jailhouse construction site was also the scene of a previous construction worker accident. Prior to this accident, a worker fell about 20 feet, hit his head, and sustained major head injuries which he later died of.

North Carolina and OHSA regulators are currently investigating the accident. If violations are noted, the appropriate contractors would be held responsible. There are seventeen contractors working on the jailhouse as of the date of the article.

If you have been injured in a workplace accident, contact Joe Miller, Esq., a North Carolina workers’ comp lawyer, to start the process for your workers’ compensation claim immediately. Also, be sure to order your free book “The Nine Biggest Myths about North Carolina Workplace Injuries.” Contact Joe Miller, Esq. toll free at 877-622-8656 for a free consultation.

Tree Trimmer Shocked by Power Line Suffers Cardiac Arrest

Thu, 30 Sep 2010 08:00:00 EST

While working in a tree-trimming bucket for Mount Airy, North Carolina’s Crump Tree Service, 28-year-old landscaper identified as Alan Daley suffered a cardiac arrest after being shocked by an electrical wire at the tree line.

After receiving life-saving medical assistance from the Pilot Mountain Rescue Squad, Surry County Emergency Services and Pilot Mountain Police Department, Daley remains in critical condition in Wake Forest University Baptist Medical Center. He was first transported to Northern Hospital of Surry, where he was initially stabilized.

The accident took place on School Street in Pilot Mountain, and from what Emergency Services Director John Shelton says, Daley was shocked by a 7,200-volt electric line as many as three times.

Beam Falls on Construction Worker at Uptown Charlotte High Rise

Wed, 29 Sep 2010 08:00:00 EST

A steel beam fell eleven stories in an elevator shaft and seriously injured a construction worker at the construction site of the Wachovia Towers in Uptown Charlotte, North Carolina.

The victim is identified as Jonathan Beatty, a sub-contractor employed by Thyssen Krupp. Beatty was on duty at the time the beam fell, hitting him in the head and placing him in critical condition.

This marks the third major incident at the Wachovia construction site within a month. Previous incidents, which did not result in serious injuries, include a beam falling and hitting a school bus occupied by the driver only, and an accident involving broken glass falling on the street.

The Occupational Health & Safety Administration is reviewing all three accidents.

Landscaper Loses Hand and Foot in Wood Chipping Accident During Work

Tue, 28 Sep 2010 08:00:00 EST

The aftermath of a September 23rd wood chipper accident resulted in a landscaper losing a hand and foot in the community of River Bend, North Carolina, while on the job.

The landscaper, a 57-year-old Vietnamese man from New Bern, was working for Ryalcor Landscaping at 248 Shoreline Drive at the time of the injury. By the time volunteer firefighters from Rheems Volunteer Fire Department’s Station 36 arrived on the scene, the victim was in shock. The paramedics stabilized him and transported him to New Bern’s Carolina East Medical Center by ambulance.

Police Chief Pratt warns landscapers working in the neighborhoods of River Bend that wood chippers are dangerous, and urges the operators to use vigilance while operating them. As of September 23rd, the landscaper’s name has not yet been released to the public.

Construction Workers Hurt During Dorm Renovation at UNCG

Tue, 28 Sep 2010 08:00:00 EST

Two on-campus construction workers at the University of North Carolina at Greensboro (UNCG) were injured while working on a renovation project at the Mary Foust Residence Hall on College Avenue this summer.

According to the officer onsite, UNCG Capt. Paul Lester, the two workers appeared to be hurt after plaster fell from a ceiling causing physical bodily harm, which sent them to a local hospital.

UNCG Spokesperson Dan Nonte revealed the workers to be conscious when they were transported to the hospital for what he calls non-life-threatening injuries.

The federal Occupational Health & Safety Administration (OHSA) will review the details of the accident. The construction workers had been working on the dormitory renovation since the end of the spring term.

Did You Know You Can Receive Medical Mileage Reimbursement?

Tue, 21 Sep 2010 08:00:00 EST

In the state of North Carolina, people injured in workplace accidents may receive reimbursement for the miles traveled to and from medical treatments related to their injury.

In fact, the Internal Revenue Service (IRS) has set medical mileage reimbursement for those who have suffered on-the-job injuries at $0.50 per mile in 2010, as long as the roundtrip miles add up to 20 or more.

For injured parties who are totally disabled, special consideration may be given by the IRS. Contact the Accidental Injury Advocates law firm to learn more about how this affects you. Also, you are encouraged to download the FREE book, The Nine Biggest Myths About North Carolina Workplace Injuries, written by Accidental Injury Advocates’ Joe Miller, Esq.

To view the IRS medical mileage form, visit the North Carolina Industrial Commission’s Workers’ Compensation Forms page and click on Form 25T for an Itemized Statement of Charges for Travel. This form is required to be filled out for medical mileage reimbursement under the federal Workers’ Compensation Act.