North Carolina Workers' Compensation Lawyers Blog

Fall Accidents in Greensboro and Elsewhere Targeted by OSHA

Thu, 17 May 2012 08:35:05 -0500

As we recently reported on our North Carolina Workers' Compensation Lawyers Blog, fall-related work accidents in Greensboro and elsewhere are the leading cause of death in the construction industry.

In 2010, there were nearly 800 fatalities in the construction field. Of these deaths, nearly 300 were falls to lower levels. The truth of the matter is that the leading cause of death in this industry is completely preventable, according to the Occupational Safety and Health Administration (OSHA).

Our Greensboro workers' compensation lawyers understand that it only takes three simple steps to help to prevent fall-related accidents on the job; Plan. Provide. Train.

To help to push these three steps, OSHA recently unveiled a nationwide outreach campaign to help to raise awareness in both employees and employers about the risks and hazards of falls from roofs, scaffolds and ladders. Within the nationwide campaign, OSHA officials are offering training tools and various campaigning tools to help to spread the message. A lot of the new materials target workers with limited English proficiency will be released by the Administration.

To further its efforts, OSHA teamed up with the National Occupational Research Agenda (NORA) - Construction Sector to help to reach even more workers and employers.

How to Help to Prevent a Fall-Related Work Accident:

-Make sure you plan ahead before starting the job. It's important to make sure that plans are in place for workers who are working from heights, such as roofs, scaffolds and ladders. The job shouldn't begin until a plan is set. Know what job will be done, which tasks are involved and what type of safety equipment is needed for each job.

-Make sure to include the costs of safety equipment when estimating a job. All safety equipment should be present on the job site at all times. For example, if you're working a roofing job it's important to think about all of the fall hazards, including skylights, holes and leading edges. Once the hazards are identified, be sure to select all of the fall protection that's suitable to that work, like personal fall arrest systems (PFAS).

-Always have the right equipment. When an employee is working at least six feet above a lower level, their risks for serious injury or death are relatively high should a fall accident happen. To help to keep these workers safe, employers are required to provide the proper fall protections and the right equipment for the job. This includes the right kinds of scaffolds, ladders and safety gear.

One ladder or scaffold isn't suitable for every job. There are difference pieces of equipment that are designated for different jobs. Employers are to be sure to provide the right equipment for the job to workers. If employees use personal fall arrest systems (PFAS), employers are required to provide a harness for each employee who needs to tie off to the anchor. The PSAS should fit properly to make sure it works effectively. The condition of these devices must also be monitored. Old, worn devices can be highly ineffective.

Rising Temps Increasing Risks of Heat-Related Work Accidents in Charlotte and Elsewhere

Tue, 15 May 2012 07:52:57 -0500

The temperatures are rising and with the heat come some serious risks for heat-related work accidents in Charlotte and elsewhere. To help to reduce the risks of these accidents, the Occupational Safety and Health Administration (OSHA) is launching a national outreach initiative to help to educate both employees and employers about the risks, dangers and the hazards of working outdoors in the hot weather. This year's outreach effort is building on the 2011 campaign that was used to raise awareness about the risks for heat-related injuries during the summer work season.

"If employers take reasonable precautions, and look out for their workers, we can beat the heat," said Hilda L. Solis, Secretary of Labor.

Our Charlotte workers' compensation attorneys understand that thousands of employees across the U.S. suffer from on-the-job heat-related injuries and illnesses every year. If these injuries are not addressed quickly, then heat exhaustion can turn to heat stroke. Heat stroke, on average, kills nearly 30 workers every year. It's those who work labor-intensive jobs who are at the highest risks for these kinds of accidents. When these jobs are executed in hot weather, body temps can rise quickly. When these temps rise too quickly, even sweating won't help to cool the body.

Heat illness oftentimes starts as heat rash or even heat cramps, but can quickly turn to heat exhaustion or even heat stroke if not addressed quickly. For this reason, it's important for both employees and employers to take the proper safety steps when working in hot weather. Everyone on the job should be able to recognize the symptoms of heat injuries before they get out of control. Baggage handlers, roadside workers, construction workers, landscapers, utility workers, roofers, agriculture workers and more are extremely susceptible to these kinds of injuries.

Tips to Help Prevent Heat-Related Illnesses and Injuries on the Job:

-Remember these three words: Water. Rest. Shade.

-Make sure you're drinking plenty of water during the day.

-Make sure that all employees are properly trained and there's a procedure in place to deal with these accidents.

-Schedule heavy work in the morning when it's not as hot outside.

-Allow new workers to get acclimated to the heat. Start them off with short shifts in the sun and gradually build up their tolerance.

These types of injuries can be prevented with a little bit of knowledge and training. Make sure that everyone on the work site is properly trained on how to recognize and treat these kinds of injuries. Quick recognition and response can save lives!

Alliance to Fight Laser-Related Injuries in Asheville and Elsewhere Revamps

Sun, 13 May 2012 07:00:45 -0500

The Alliance will be going strong for another two years. The Occupational Safety and Health Administration (OSHA) and the Laser Institute of America (LIA) recently announced that they would be renewing their Alliance in an effort to reduce the risks of laser-related work accidents in Asheville and elsewhere.

This Alliance works to help to prevent employee exposure to both non-beam and beam hazards in medical, research and industrial fields. In addition to these efforts, the Alliance will also be releasing new information regarding the regulations and the standards for laser safety as well as the effects that lasers can have on a workers' skin and eyes. Employers will be offered information regarding various control measures and various safety programs.

"This renewed Alliance will help broaden outreach efforts to workers and employers and share critical education and information to reduce preventable injuries," said Assistant Secretary of Labor for OSH, David Michaels.

Our Asheville workers' compensation lawyers understand that employee exposure to laser beams and other related hazards most oftentimes results in skin and eye damage. In some of the most serious cases, exposure can cause skin cancer and blindness. Employers are to make sure that the proper safety precautions are met on each and every work site to help to eliminate the risks associated with laser exposure and other on-the-job hazards. Employees should speak up if any hazards are observed. Safe work sites are a collaborative effort.

During the renewed two-year agreement, both OSHA and the LIA will be creating fact sheets that have various questions that should be asked at work sites that use lasers. Through the Alliance, there will also be Laser Safety Seminars conducted for OSHA's field staff.

LASER is used as an acronym, standing for Light Amplification by Stimulated Emission of Radiation. These products and machinery produce a very strong, intense and directional beam of light. Most commonly, injuries resulting from laser contact to a worker are tissue damage. Typically this injury is thermal in nature, where the skin's tissue proteins are denatured because of the temperature rise after the absorption of laser energy.

Our bodies are highly vulnerable to the output of certain kinds of lasers and in many of these accidents the eyes and the skin can be severely damaged. It is now widely accepted that the human eye is almost always more vulnerable to injury than human skin. That's one of the main reasons why it's so important for workers to use the proper protective gear when working with lasers.

For more information regarding lasers and on-the-job safety for workers who use these devices, visit OSHA's Lazer Hazards webpage.

Workers' Compensation in North Carolina Determined by the Prevailing Wage, Says the Court in Thorpe v. Ted Bowling Construction

Thu, 10 May 2012 16:49:34 -0500

North Carolina work accidents are very common, but that does not mean the payment of benefits is standardized. Recently, a Virginia court explained the rules surrounding the payment of these workers' compensation benefits.

In order to receive the benefits you have worked for, it is important to have an experienced North Carolina workers' compensation attorney fighting for you.

Thorpe v. Ted Bowling Construction recently addressed the law surrounding the determination of applicable payments from workers compensation. Matthew Thorpe (Thorpe) was an entrepreneur who installed residential porch railings. Additionally, he owned a self storage facility. The residential porch railing installation business had significantly slowed down and Thorpe needed to find extra work to increase his income.

Thorpe and one of his employees, Eric McMahon (McMahon) were approached by John Clary (Clary) in regards to potential work. Clary had been hired by Ted Bowling Construction to install a metal roof and siding on a local industrial building. Knowing that Thorpe and McMahon were in need of installation work, Clary offered to pay them $5,000 to complete the installation of the roof and siding. Although Clary knew that the two men had never installed this type of equipment before, he was confident they could complete the job because of their other type of work.

This employment agreement was etched on a tabletop with soapstone, where Clary wrote "5000." He told the two men that they did not have a specific deadline to have the work done, although he expected its completion within a week or so.

Clary gave McMahon and Thorpe instructions on how to complete the job. He provided Thrope and McMahon with all of the tools, materials and supervision they would need in order to install the metal roof and siding.

The men had only been working on the roof for four days when a fatal accident had occurred. Although Thorpe and McMahon knew that skylights were present on the roof, Thorpe fell through a skylight where he immediately died upon landing. McMahon was the only person to witness this fatal accident and the agreement between the two men and Clary.

Thorpe left his widow (plaintiff), who sued Ted Bowling Construction seeking workers' compensation benefits on behalf of her deceased husband. Plaintiff's claim for workers' compensation benefits originally went to the deputy commissioner of workers' compensation. Upon conducting an investigation, this commissioner was unable to find Clary to establish the specific facts of the case. His final resolution was unacceptable to the plaintiff, which led to this case.

Where there is a claim entered for workers' compensation benefits, the benefits are usually based on the employee's average weekly wage. To determine this, the employee's wage for the specific work for the previous fifty-two weeks, is divided by fifty- two. The problem with the application of this equation to the facts of this case is that, the deceased was not hired by the defendant indefinitely. Although no time limit was specified, it was understood that the deceased would only work for that one project. Therefore, utilizing the above referenced equation became problematic.

The court in this case explains that there are other factors that must be observed where there is no previous fifty two weeks of work. The standard is establishing the weekly wage paid in the area at that time, for similar work.

Because Thorpe was inexperience in the field, the court found it unfair to allot him the amount an experienced metal roof installer would make. Thus, the court only awarded the plaintiff with forty-eight dollars a week for 500 weeks.

This case illustrates how important it is to have an employment contract which stipulates the exact terms of your employment.

Teens' Risks for Work Accidents in Rock Hill and Elsewhere through Summer

Tue, 08 May 2012 10:40:46 -0500

As we head into the summer season, students throughout the state will be let out of school for their summer break. During this time, many students will be out in the working world and will be on the hunt for a summer job. It's during this season that we also see an increase in the number of teen work accidents in Rock Hill and elsewhere.

In 2010, there were nearly 17 million employees across the United States who were under the age of 24-years-old. Our Rock Hill workers' compensation attorneys understand that this young age group of employees accounted for nearly 15 percent of the country's workforce.

Unfortunately, this young age group has a high rate of injury on the job because they typically hold occupations in which hazards are common, like in restaurant settings. In addition to the dangers that can be found in their work environments, the inexperience of these young workers also makes them likely to be the victim of a work-related accident, according to the Centers for Disease Control and Prevention (CDC). The younger the worker the more obstacles they must overcome on the job, including inadequate strength, fit, cognitive abilities, etc.

During this time, parents are urged to talk with teens about the rights that they have on the job:

-To work in a healthy and safe place.

-To be adequately trained for job-required tasks.

-To be paid at least the minimum wage for work completed.

-To work without the fear of being harassed or discriminated against.

-To ask for changes in the workplace because of medical conditions or religion beliefs.

-To help someone who may be investigating the workplace for possible violations.

-To start or join a union.

Parents should also discuss employer responsibilities:

-To provide a healthy and safe workplace.

-To provide the necessary safety gear for each employee.

-To adequately train all employees.

-To talk with employees about hazards that may be found on the job.

Lastly, parents are urged to talk with teens about their responsibilities at work:

-Ask for all of the training needed to completely the job safely.

-Know and understand all of the safety procedures.

-Look out for coworkers' safety.

-Respect coworkers.

-Never take shortcut.

-Find out what to do if there's a work-related injury or accident.

-Report and dangers or hazards to the supervisor.

There were nearly 340 workers under the age of 24-years-old who were killed in work-related accidents in 2009. Nearly 30 of these fatalities occurred to workers under the age of 18-years-old. Parents are urged to make sure that the young worker in their family understands and recognizes their rights in the workplace to help to reduce their risks of a serious or fatal work-related accident.

Fall Accidents in Greensboro and Elsewhere Top List for Work-Related Fatalities

Mon, 07 May 2012 09:44:18 -0500

There's a new campaign on the block and it's organized by the Occupational Safety and Health Administration (OSHA). The new campaign is working to help to reduce the risks both serious and deadly fall-related work accidents in Greensboro and elsewhere.

According to the Secretary of Labor, Hilda L. Solis, this new campaign is being used to help raise awareness in employers and employees about these fatal accidents, which are one of the leading causes of death within the construction industry.

Our Greensboro workers' compensation attorneys understand that there were more than 10,000 workers in the construction industry who were injured in a fall-related accident in 2010. In addition to those injuries, nearly 260 employees were killed in these same kinds of accidents. Through the new campaign, those in the construction industry will be offered informational and educational materials regarding safe work practices when working on scaffolds, ladders and roofs.

The announcement of the new campaign was recently made by Secretary Solis at the Action Summit for Worker Safety and Health that was held in Los Angeles. The event and the campaign corresponded with Workers' Memorial Day event, which is always celebrated late in April and is used to remember workers who were killed in various preventable accidents on the job.

"The best way to honor Workers' Memorial Day is to make sure that another family does not have to suffer the pain of losing a loved one," said Solis.

Fall-related accidents are the number one most dangerous hazard within the construction industry. These kinds of work-related accidents take the lives of more workers than any other kind of accident on these work sites nationwide. The slogan of this year's campaign is "safety pays, and falls cost."

In correspondence with the campaign, there's also a new webpage on OSHA's website that is dedicating to informing those in the construction industry about the risks that are associated with fall accidents as well as effective ways to help to reduce these dangers. NORA and NIOSH have also launched websites on the Centers for Disease Control and Prevention's (CDC) website on preventing fall accidents on the job.

As we head into the summer season, construction workers will be hitting the town. Now is the perfect time to make sure that both employers and employees understand the most effective ways to prevent these dangerous accidents. Construction workers are to be provided with the proper training and equipment to get the job done right and done safely.

Works Accidents in Asheville and Elsewhere Lessened with Tougher Exams

Fri, 04 May 2012 09:06:48 -0500

There's a new safety rule on the books and it's working to help reduce the risks of work-related accidents in Asheville and elsewhere for the drivers of commercial trucks and buses.

According to the Federal Motor Carrier Safety Administration (FMCSA), healthcare professionals who perform medical exams on these workers will have to be better trained, qualified, tested and certified before giving them the okay to hit the road. These medical examiners are in charge of making sure that these drivers are able to safely operate their vehicles. With better and more thorough oversight, the new rule aims to lessen the risks for trucking accidents on roadways nationwide.

Within the rule, there will also be a national database created to hold the information for all of the examiners who complete the more rigorous recommendations. Then, drivers will be required to get their examinations from one of these medical professionals. Examiners who are not in the database will not be allowed to perform these examinations and their diagnoses will be void.

Our Asheville workers' compensation attorneys understand that truck and bus drivers work some of the most grueling hours and have some of the most sporadic schedules. They're asked to drive during all hours of the day and they're asked to drive hundreds of miles at a time. It's important that these drivers are in acceptable health. That's why there's so much focus from safety officials on the men and woman that hold these positions. Keeping an eye on our drivers can help to reduce the risks of a potentially fatal accident.

"This new rule will ensure that healthcare professionals conducting exams keep in mind all of the demands required to operate large trucks and passenger buses safely," said Secretary LaHood.

The new database, the National Registry of Certified Medical Examiners, will help officials with the FMCSA to keep an eye on our nation's medical examiners and ultimately an eye on the health condition and driving abilities of drivers nationwide. This oversight is used to make sure the skills and health of our drivers are up to par and we can all work to reduce the risks of trucking-related accidents, injuries and fatalities.

The new rule was designed to coordinate with the National Transportation Safety Board's (NTSB) recommendations on comprehensive training for medical examiners as well as the tracking of driver medical certificates.

Within the next month, the Administration will be posting its training and testing guide for our medical examiners. It can be found on the Administration's website.

Later in 2014, medical examiners that are certified are required to be signed up with the National Registry database. Drivers will be required to obtain an examination from one of these qualified individuals.

Fatal Work Accidents in Spartanburg and Elsewhere and the OSHA Communication Process

Mon, 30 Apr 2012 09:21:16 -0500

A new directive was recently released by the Occupational Safety and Health Administration (OSHA) explaining how companies should report the news about a fatal work accident in Greenville and elsewhere to victims' families. In the directive, OSHA representatives are coached through communicating the investigation process following a fatal work-related accident. OSHA representatives are assigned the duties of talking with family members about not only the accident inspection process, but they must also to work to maintain a working relationship with the victim's family throughout the entire process.

"OSHA is committed to working with families to explain the circumstances surrounding the deaths of their loved ones," said Dr. David Michaels with the Labor for Occupational Safety and Health.

Our Greenville workers' compensation attorneys understand that it is critical for families to seek the representation of a legal professional following a fatal work accident. Many times, the rights of victims and the families of victims involved in work accidents are not protected and are not upheld. Insurance claims and workers' compensation claims are oftentimes not met and victims and families are shortchanged. If you, someone you love or someone in your family has been involved in a fatal work-related accident, contact an experienced attorney immediately to make sure you're not cheated!

With OSHA's new directive, OSHA representatives are instructed to get a hold of the victim's family to help to explain and translate the investigative process, the timeline of this process and they're to provide the family with updates regarding the investigation until the end. When the investigation has been completed, OSHA officials are to explain and dissect the findings with the family and answer any questions that they may have. If the employer was cited for any violations in the investigation, the family will be provided with their own copy of these citations.

By law, employers are required to report a workplace fatality to OSHA officials within eight hours of the accident. This even includes fatal heart attack incidents.

According to preliminary results from the National Census of Fatal Occupational Injuries, there were nearly 5,000 work-related fatalities in 2010 across the United States.

"No worker should have to sacrifice his or her life to earn a living," said Secretary of Labor Hilda L. Solis.

It's important to remember that economic factors play an important role in the number of fatal work accidents we see each year. As the economy continues to improve and more residents head back to work, we continue to see an increase in the number of work-related accidents in Spartanburg and elsewhere. Make sure you're protected in the event of a work-related accident and contact an experienced attorney to help you to fight for your rights.

Work Accidents in Winston-Salem More Likely with Decreasing Unemployment Rates

Sun, 29 Apr 2012 10:04:20 -0500

More and more residents are heading back to work, according to the U.S. Bureau of Labor Statistics. As a matter of fact, unemployment rates dropped in thirty states from February to March. Twelve states had no fluctuation whatsoever. North Carolina was one of those states that saw a decrease. With the dip, more residents are heading back to work and risks for work-related accidents in Winston-Salem and elsewhere are increasing.

In addition to the monthly decrease, there were 49 states that saw a decrease in their unemployment rates when compared to the previous year. New York was the only state to experience an increase.

Our Winton-Salem workers' compensation lawyers understand that our state was noted for having one of the most drastic decreases from February to March. Behind Oklahoma and Mississippi, the state of North Carolina saw a drop in its unemployment rate by roughly 0.2 percent. That may not seem like a big change, but when you consider the entire population of the state, that's a relatively large group of employees heading back to work. With more workers on the clock and more hours being logged on the job, the risks for serious and fatal work accidents increase significantly. For this reason, it's an excellent time for workers and employers to review on-the-job safety practices to help keep everyone out of a potentially fatal accident.

You may remember the decrease in the workplace injury rate in the state back in 2010. It was actually one of the lowest rates we had on the books in quite some time. Experts report that our state had an injury rate of 3.1 cases per every 100 full-time workers. This was one of the lowest rates in the country, only beat out by Louisiana, Texas and New York. You've got to remember that, during this time, many residents were out of work because of huge layoffs and a struggling economy.

From 2010 to 2011, we saw an increase in the number of fatal work-related accidents in our state. The number went from 34 to 48. Still, that's a number that's much lower than the five-year average of roughly 53, but a number still rising with the improving economy.

"Any workplace death is a tragedy and of great concern because it affects so many people - the family, co-workers, the community and our department," said Cherie Berry, the Labor Commissioner for North Carolina.

All this talk about decreases in the number of on-the-job fatalities may be uplifting to workers across the state, but it's important to remember that as more residents head back to work it's time to start thinking about the risks and dangers faced by many workers. It's time to step up our work site safety efforts to help keep the returning workers safe. By federal law, it's required that employers provide safe and healthy workplaces for all employees by minimizing work-related hazards, dangers and risks for accidents. Employees have rights and these rights need to be protected.

Employers are reminded of the four top types of work-related accidents that account for about 80 percent of on-the-job fatalities: electrocution, being crushed by an object, falls and being hit by an object.

Work Accidents in Spartanburg and Elsewhere Targeted with Renewed Alliance

Fri, 27 Apr 2012 08:38:20 -0500

The Occupational Safety and Health Administration (OSHA) recently renewed its Alliance with the Roadway Work Zone Safety and Health Partners. This Alliance is to help to protect roadside construction workers from on-the-job work accidents in Spartanburg and elsewhere.

The focus is being placed on preventing these work-related injuries as well as fatalities resulting from construction vehicle runovers and backovers. It will be also focusing on employees who speak little or no English. It's workers in the construction industry, especially those working roadside, that have some of the highest risks for on-the-job accidents.

"Most fatalities that occur in road construction work zones involve a worker being struck by a piece of construction equipment or other vehicle," said Health David Michaels with the Labor for Occupational Safety.

Our Spartanburg workers' compensation attorneys understand that this Alliance will be developing fact sheets for police officers, paramedics, truck drivers and other work zone-related individuals regarding the much-needed personal protection equipment that these workers' safety requires. This equipment includes high-visibility clothing and other protective equipment. Officials will also be focusing on informing these workers and how to help them to safely enter and exit work zones. Lastly, additional fact sheets will be created for contractors who may be less knowledgeable about which traffic control devices can be used to best protect workers.

In the Roadway Work Zone Safety and Health Partners Group, members work diligently to help workers within the construction industry to better protect their rights, safety and health. More than 1 million workers and members across the country are represented through the Partners.

Employers and employees are urged to visit OSHA's Highway Work Zones and Signs, Signals, and Barricades Safety and Health Topics web page. This page has a plethora of information regarding the risks and the dangers that roadside construction workers face on the job as well as effective ways to help to minimize these dangers.

As we recently discussed, National Work Zone Awareness Week 2012 is going on right now, from the 23rd to the 27th of April. Every April, this week-long safety campaign is conducted across the nation to help to bring national attention to motorists and others about safety issues in work zones.

Since 1999, the Federal Highway Administration has teamed up with the American Traffic Safety Services Association (ATSSA) and the American Association of State Highway and Transportation Officials (AASHTO) to coordinate and sponsor this event.

"As spring weather returns, orange signs, vests and cones will return along America's highways, requiring drivers to be alert and careful through highway work zones," said USDOT Secretary Ray LaHood.

Carolina Construction Accidents: A Look at Ruscilli v. Indus. Comm'n.

Wed, 25 Apr 2012 19:26:46 -0500

A Carolina work accident injury can take only a couple of seconds to obtain and a lifetime to live with. It is important to have an experienced Carolina injury attorney advocating for you to help you get the benefits to which you are entitled.

Ruscilli Construction Co., v. Indus. Comm'n., is a recent workers' compensation case out of Ohio. This case deals with the required security provisions on construction sites. David Barno (Barno)was a laborer employed by a temporary employment agency. This agency obtained positions on construction projects for its laborer employees. Barno was assigned to work for Ruscilli Construction Company (Ruscilli) on a renovation project.

As is customary on most construction sites, there were openings in the concrete floor that led to the basement. It was a general practice of Ruscilli's to cover these holes with a sheet of plywood that was nailed down with special construction nails. These plywood sheets were secured in order for them not to be displaced. Additionally, the word "hole" was painted on the plywood to warn employees of the potential dangers. Ruscilli's would place two plywood sheets on the floor where there was heavy machinery transported; however, the general practice was usually one sheet.

The regular Ruscilli workers knew of the holes in the floor and where they were located. Barno began working on the site and was not aware of the company policies regarding the holes in the floor or where these holes were located. After working on the Ruscilli construction site for three days, Barno's supervisor ordered him to remove some wood that had been left on the floor. Not knowing that the wood he was lifting was the plywood sheet to cover a hole, Barno lifted the sheet. He lost his balance and fell into a fifteen foot deep hole. Barno suffered severe permanent injuries to his face and head.

Ruscilli extended workers' compensation benefits to Barno for the injuries he had sustained on the Ruscilli site. Barno then entered a claim for additional benefits and cited Ohio Adm. Code 4123, which Barno alleged that Ruscilli had violated. This code specified the three statutorily accepted ways to cover a hole on a construction site. The statute requires that a hole be guarded by a guard railing accompanied by a toeboard, the use of a safety belt or harness, or a hole cover with a safety factor. Barno argued that the hole cover was easy to move, the plywood was very thin, the plywood was not marked with the warning, and it was not nailed down. For those reasons, Barno asked the workers' compensation commission staff hearing officer (SHO) to grant him additional benefits for Ruscilli's alleged violation of specific safety requirements (VSSR).

The SHO granted additional benefits to Barno and Ruscilli appealed the decision claiming that it was not guilty of a VSSR; therefore, it should not have to pay additional benefits to Barno. Additionally, Ruscilli argued that the SHO decision was an abuse of discretion because the decision was based on factual mistakes surrounding the hole cover and the statutory requirements.

Because the court found several mistakes in the SHO decision and in the application of law, the Supreme Court of Ohio held the SHO decision to be wrong. The court noted that there was no statutory language about the requirement that hole covers be difficult to displace.

The court found that Barno was not entitled to additional workers' compensation benefits.

North Carolina Work Injury: The Court in Schatz v. Interfaith Warns of the Effects of Moving Out of State

Mon, 23 Apr 2012 10:54:05 -0500

In our transient society it is commonplace for people to relocate out of state. But how does relocating out of state affect workers' compensation benefits?

If you have suffered from a work-related injury in North Carolina, it is important to know your rights. Our experienced North Carolina workers' compensation attorneys can consult with you about your case and guide you through the complex realm of workers' compensation law.

Schatz v. Interfaith Care Center is a recent workers' compensation (WC) case out of Minnesota. This case dealt with the law surrounding the receipt of treatment for a work-related injury. Schatz (plaintiff) was employed as a realtor for Interfaith Care Center (Interfaith) located in Minnesota. While working in Minnesota, the plaintiff injured her shoulder. After sustaining the injury the plaintiff moved to Wyoming and she received medical treatment there. The Wyoming medical provider submitted the charges for two shoulder surgeries and treatment to the Interfaith WC insurer, New Hampshire Insurance Company (insurance company). The insurance company compensated the medical provider for the amount consistent with the Wyoming statutes. Because of this, an unpaid balance remained on plaintiff's account with the medical provider.

Plaintiff filed a WC medical request for payment for the remaining unpaid balance. Plaintiff argued that because the work related injury was sustained in Minnesota, that state law applied to her medical treatment and benefits. And the state law has the general principal of assuring that employees are not held liable for reasonable medical expenses incurred as a result of a work-related injury.

The insurance company argued that because the plaintiff received medical treatment in Wyoming, the Wyoming WC statutes applied. The insurance company relied on Minnesota Statute §176.136. This statute indicates that where an employee seeks healthcare out of the state, the employers WC liability to the out of state medical providers is limited to the benefit schedule of the state of the medical treatment. Basically, this Minnesota statute tells the state's employers that they are only responsible to cover out of state benefits in the amount stipulated in the statute of the state where the employee receives treatment.

After analyzing the relevant state statutes, the court noted some general principals in WC cases. In WC cases as employer is responsible for "furnishing" an injured employee with medical treatment that is reasonably required to cure or relieve that employee of the effects of the work-related injury. Additionally, an employer is responsible for paying any out-of-state medical expenses that are usual and customary charges for the employee's injuries.

However, the court notes that there is one clear and unambiguous statute that addresses the employers' liability for paying medical expenses. This statute does not conflict with other state statutes; therefore, it is upheld in this case.

Because there is not statutory conflict, the court found that the Minnesota statute limiting employer's liability is binding. An employer is limited in liability to out of state medical care provider's costs to the extent stipulated by the WC statutes of the state where the medical treatment is received. Interfaith won, and was only required to pay the amount stipulated in the Wyoming statute.

This case illustrates the importance of being aware of the contingencies in your WC case.

The Court in Brown v. Cassens Defines Property Broadly in Carolina Workers' Compensation Cases

Sat, 21 Apr 2012 12:12:11 -0500

There are so many rules surrounding workers' compensation in North Carolina. Having an experienced Carolina workers' compensation attorney advocating for you can give you the peace of mind to concentrate on your health.

A recent Sixth Circuit case discusses the legal interest workers have in receiving workers' compensation (WC) benefits. Brown et al., v. Cassens Transport Co. et al., No. 10-2334 (6th Cir. Apr. 6, 2012). This case involved several Cassens Transport (Cassens) employees (plaintiffs) who were injured while acting within the scope of their employment.

Cassens was a self-insured company. It hired Crawford as a claims adjuster responsible for managing the company's outstanding WC claims. As a general practice at Cassens, all injured employees were to obtain a medical evaluation by Dr. Margules (Margules). Cassens was systematically paying Margules over a period of years to evaluate injured Cassens employees and testify against these employees in WC claim disputes.

Upon evaluating the plaintiffs in this case, Margules issued medical evaluation reports to Cassens. These reports indicated that each of the plaintiffs suffered minor injuries. Based on the medical facts articulated in the reports, Cassens denied all of the plaintiff's WC claims. Plaintiff's provided additional evidence to be considered, however, this evidence was ignored. Thus, there was significant dispute between the plaintiffs and Cassens surrounding the denial of these WC claims.

Plaintiffs argued that Margules was not sufficiently qualified to make these medical evaluations. Margules was not an orthopedic expert and because most job-related injuries were orthopedic in nature, the evaluating physician should have been an orthopedic expert. Additionally, plaintiffs argued that the medical reports were false and that Margules did not give an accurate assessment of the plaintiffs' injuries. Furthermore, the plaintiffs argued that because Cassens was paying Margules continuously for years, the fraudulent medical evaluations were solicited by Cassens.

Because of the reasons listed above, plaintiff's filed suit against Cassens, Crawford and Margules. Plaintiffs argued that this scheming between the parties was illegal and therefore entitled them to monetary relief. The main argument was that the defendants had violated the Racketeer Influenced and Corrupt Organizations Act (RICO).

RICO is an act that was created to punish people who are engaged in unlawful activities that affect interstate or foreign commerce. The activities specified in Article 18 of the United States Code as indictable are considered to be racketeering activities under RICO.

When someone is found guilty of violating RICO, they are forced to pay triple the amount of damages.

Most states have adopted statutes surrounding WC. These statutes provide benefits to those who are injured in job-related activities. When an employee is injured on the job, the employer is responsible for providing benefits consistent with the injuries sustained. The employer usually has fourteen days from the date of notice of injury, before the benefits must be paid.

The trial court that originally heard this case, found that the plaintiff's had failed to prove the important elements of their case. Because the plaintiffs did not prove that they relied on the medical evaluations, the trial court dismissed plaintiff's claims. The plaintiffs appealed this decision leading them to the circuit court and this decision.

The circuit court reversed the decision of the trial court and remanded the case back to the lower court with specific instructions. Workers' compensation benefits are considered property. Any fraudulent activity surrounding the receipt of these benefits is considered a violation of the RICO. Therefore, because it could reasonably be argued that the defendants were involved in fraudulent medical evaluations, the lower court should re-hear the case.

Knowing what laws can provide you with the relief you need, is the job of a well qualified attorney.

A Firefighter Oath is Irrelevant to Determining Carolina Workers Compensation Benefits, Says the Court in McCain v. Town of North Providence

Mon, 16 Apr 2012 14:31:00 -0500

Workers' compensation law is a separate niche of personal injury law. Having an experienced North Carolina workers' compensation attorney is critical in understanding what you are entitled to if you have suffered a work related injury in North Carolina.

Workers' compensation (WC) was created to provide benefits to employees who are injured as a result of their work duties. These benefits are codified in a statute called the Workers' Compensation Act. This Act stipulates that police officers and firefighters who are injured on the job should not receive benefits consistent with the Act but should receive greater benefits.

This statutory guidance enabled many states to adopt "injured on duty statutes" to address the benefits for police officers and firefighters who are injured on the job. However, the statutory definition of firefighter and police officer created confusion in this Rhode Island case.

Public servants in the form of firefighters and police officers have essential job functions that can sometimes be perilous. Because these public servants sacrifice for the benefit of society, they may be awarded additional benefits if they are injured on the job.

McCain v. Town of North Providence is a recent case coming out of Rhode Island. This case involves a fire department employee who was injured while performing his job duties. The question was whether McCain (plaintiff) was entitled to injured-on-duty (IOD) benefits or workers' compensation benefits.

Plaintiff was hired by the mayor's chief of staff as a technician for the fire department. The mayor's chief of staff sent the fire chief a memorandum indicating that the plaintiff was hired as a 3rd Class Firefighter for the town, the classification that all new members of the fire department received. Consistent with protocol, the fire chief issued an order formalizing McCain's employment and issued him an identification card which listed him as a member of the fire department with the function of a technician. Technicians were considered linemen and functioned as part of the communications unit. These technicians were responsible for the managing the communications equipment and acting in any way instructed by the fire chief. Plaintiff was not counted as an on-duty firefighter for operational use, as he was not part of the operational unit.

Plaintiff was instructed as part of his job to return ladders to the bucket trucks. While doing this, Plaintiff lost his balance and hit his head on a bucket apparatus causing him to suffer injuries. Upon suffering this injury, the fire department classified him as being injured while in the line of duty and thus entitled to IOD benefits.

After several years of making these payments to plaintiff, the town ceased the benefit payments claiming that the plaintiff was not entitled to these extra benefits under the statute because he was not a "sworn firefighter." Plaintiff sued the town and asked the court to enter a declaratory judgment stating that he was indeed a firefighter.

The court in this case looked to the terms and definitions in the statute. Where the language of the statute is clear and unambiguous, the court must take the language and apply it strictly to the facts of the case. Because the IOD statute replaces workers' compensation for firefighters and police officers, the court looks to the statutory definition of firefighter. This IOD statute clearly states that anyone who is employed as a member of the fire department is to be considered a firefighter within the application of the statute.

Therefore, where the plaintiff was employed as a member of the fire department he is to be considered a firefighter. Because he is considered a firefighter, and he was injured on the job, plaintiff is entitled to IOD benefits.

The court held for the plaintiff and ordered the IOD benefits to be paid.
This case illustrates how confusing these cases can be and how important the details are in your workers' compensation case.

North Carolina Workers' Compensation: The Court in McNea v. Industrial Commission of Ohio Defines "Employment"

Thu, 12 Apr 2012 14:04:31 -0500

When you think about employment you probably think about a job in retail, manufacturing, or a job in an office. But in an Ohio workers' compensation (WC) case, the court has included drug dealing as "remunerative employment." See State ex rel. McNea v. Industrial Commission of Ohio et al., No. 2012-Ohio-1296 (Mar. 29, 2012).

This case centers on the fact that a man lost his WC benefits when it was found that he was continuously dealing drugs while considered permanently disabled. The general rule in workers' compensation in North Carolina is that if you receive permanent total disability (PTD) benefits from WC and you engage in some other continuous employment, you can lose your original WC benefits.

Workers' compensation can be very complicated in its application. Our experienced Carolina disability attorneys can help you understand WC and get the benefits to which you are entitled.

McNea (plaintiff) is a former police officer that sustained injuries while he was working in this capacity. Because of his injuries, plaintiff applied for WC benefits and received permanent total disability (PTD) in 2004. During the time of his WC application and following its approval, the same police department where he worked was performing an investigation of whether the plaintiff was involved in the sale of narcotics. This information was not released to WC.

A year after plaintiff's WC award, he was arrested and charged with twenty counts of criminal activity. Plaintiff pled guilty to four counts and served three years in prison for dealing narcotics. Upon his arrest in 2005, plaintiff's WC benefits were terminated. The main issue in this case was whether it should be found that the earlier benefits were overpaid.

In WC it is generally accepted that when someone is receiving benefits for PTD, these benefits can be eliminated when the beneficiary obtains continuous employment elsewhere. Another applicable law of WC here is that any WC award is terminated if the claimant is incarcerated.

The WC Bureau argued that as of the first date in 2005 that the plaintiff accepted money from police informants in exchange for drugs, this began continuous "sustained remunerative employment." They also claimed that the plaintiff was engaged in this activity even before he received his initial award in 2004. Because of this, the Bureau claimed that all benefits paid to the plaintiff should be considered overpaid because of this employment.

Upon review of the plaintiff's WC claim, the staff hearing officer (SHO) found that it would be correct to eliminate any benefits to the plaintiff as of the day of his arrest. However, the SHO found that it would not be appropriate to consider benefits paid while plaintiff was dealing drugs to be considered overpaid. The reasoning that was cited is that the SHO found that there was no proof that the plaintiff "was involved in sustained remunerative employment at the time of the permanent and total disability hearing."

The court her cited important case law. Activity will be considered "sustained remunerative employment." regardless of whether the activity a claimant is participating in is legal or illegal. The only requirement of this type of classification is that there must be proof presented that there was an ongoing pattern of activity.

For the reasons explained above, this court found that when someone is engaged in the continuous dealing of drugs this activity will be considered a sustained remunerative employment for WC purposes. Therefore, the benefits sent to plaintiff before the sate of his first drug sale to police informants will be considered overpaid.