Raleigh Personal Injury Lawyer - Workplace Injuries

Watch Out For Fly by Night Jobs

Brent Adams — Thu, 09 Jul 2009 22:50:52 GMT

As the economy has gotten worse people who are in need of income will do just about anything to get money to feed and take care of their family. In many cases this will lead to an under-the-table job where the worker will be paid in cash and no one will know that they were working. This can be tempting for someone who is desperate and willing to do almost anything. However, there is quite a bit of risk that is involved with this type of work.

In many cases, the jobs are quick construction jobs in which safety is not a primary concern. Many times there will be no benefits offered, and the person or company that hired the under-the-table worker will not have workers compensation insurance or will claim that the worker is not covered because the employer will claim that the worker is technically not an employee.

You should not work under the conditions imposed by these under the table jobs. It is not worth the risk.

If you have been injured while working in an under-the table job situation and if you are having trouble collecting workers compensation benefits, you should contact an experienced workers compensation lawyer immediately.

Originally posted at InjuryBoard by Brent Adams

Experts Descend Upon ConAgra Plant in Garner, NC

Brent Adams — Wed, 10 Jun 2009 17:23:37 GMT

Industrial accidents are tragic. They are usually unnecessary and preventable. These tragedies are usually caused by defective products or negligence. They occur usually because the employers involved, and independent third party contractors and suppliers failed to take basic safety precautions to protect workers.

The most recent tragedy occurred yesterday in Garner, North Carolina when an explosion at the ConAgra Plant blew open the plant, killed at least 3 workers and sent 4 people to the Burn Center at Chapel Hill, North Carolina and hospitalized at least 38 others.

Experts from around the country have descended upon the little North Carolina town of Garner, North Carolina to investigate what happened.

Governmental agencies such as the US Chemical Safety Board, the agency charged with investigating industrial accidents are on the scene.

ConAgra Foods, Inc., the owner of the plant sent a team from Omaha, Nebraska to investigate.

Undoubtedly third party contractors and suppliers and their insurance company sent teams of experts in with a view towards finding evidence to extricate them from any potential liability for the tragedy.

The unfortunate workers, and the families of the 3 workers tragically killed will most likely not have a team of experts working for them. They are too much in shock to think clearly about how to protect their interest and keep incomes coming into the household to support their families.

You can be sure however, that the experts sent in by the insurance companies that insure ConAgra and any third party suppliers or contractors will be focused solely on how to protect themselves from claims which are sure to come from the victims and their families.

Of course, the injured employees and the families of the deceased employees are entitled to immediate workers’ compensation benefits. However, workers’ compensation benefits are extremely limited. Workers’ compensation insurance does not include payment for pain and suffering, punitive damages and other damages which have certainly been suffered by the employees and their families.

In order to recover more than basic workers compensation benefits, the employees will have to show that the conduct of the employer was substantially certain to cause injury or death. This is a heavy burden for these employees.

If the families can prove that third parties (individuals employed by entities other than ConAgra Foods) were responsible for the tragedy or that products supplied by third parties caused or contributed to the tragedy, the family would be entitled to full compensation for their losses.

It appears that 3 of the ConAgra employees died in the explosion: Barbara McLean Spears 43 of Dunn; Lewis Junior Watson 33 of Clayton; and Rachel Mae Poston-Pulley 67 of Clayton

Originally posted at InjuryBoard by Brent Adams

How Serious Is The Carpal Tunnel Syndrome Problem?

Brent Adams — Thu, 26 Feb 2009 12:52:00 GMT

In recent years, the U.S. Department of Labor has concluded that Carpal Tunnel Syndrome (CTS) is the “chief occupational hazard of the 90’s—disabling workers in epidemic proportions.

There are several statistics that provide some insight as to the devastating physical and financial affects of the Carpal Tunnel Syndrome epidemic on workers and their families.

Currently, Carpal Tunnel Syndrome affects well over and above 8 million Americans, male and female.

At this time, Carpal Tunnel Syndrome is the number one reported medical problem accounting for about 50% of all work-related injuries.

Presently, 25% of all computer operators have Carpal Tunnel Syndrome. According to these estimates, by the year 2000, 50% of the entire workforce may develop Carpal Tunnel Syndrome.

There are over 230,000 surgical procedures performed yearly on patients with Carpal Tunnel Syndrome. This makes Carpal Tunnel Syndrome surgery the second most common type of surgery.

Amazingly, only 23% of all Carpal Tunnel Syndrome patients were able to return to their previous professions following the surgery.

Up to 36% of all Carpal Tunnel Syndrome patients require extensive and unlimited medical treatment.

Women are twice as likely to develop Carpal Tunnel Syndrome as opposed to their male counterparts.

While women account for about 45% of all workers they experience nearly two-thirds of all work-related Repetitive Stress Injuries.

Originally posted at InjuryBoard by Brent Adams

Employer Fined For Cutting Off Workers’ Compensation Benefits

Brent Adams — Fri, 20 Feb 2009 15:05:00 GMT

The North Carolina Court of Appeals has upheld an Order imposing two thousand dollars ($2,000) in legal fees to an injured worker. The fee sanction was imposed because the employer arbitrarily cut off workers’ compensation benefits for the employee before a full hearing was conducted.

The employer filed a Form 24 Application to stop payment based upon the employer’s contention that the employee could do light duty work.

The facts of the case were that after his injury the employee had returned to work in a light duty position as a recreation room attendant. The claimant was terminated from this light duty position. This termination was ultimately held to be justified by the North Carolina Industrial Commission. The Industrial Commission also ultimately approved the termination of benefits.

Even though the plaintiff’s termination was justified, the employer drew an attorney fee penalty from the Industrial Commission because it terminated the worker’s benefits without permission from the Industrial Commission. The Industrial Commission held that the defendant-employer was obligated to reinstate the plaintiff’s full benefits and keep paying him after he was terminated until the Industrial Commission approved a suspension or termination after a full hearing. The Industrial Commission said that the penalty was not mooted just because the termination of benefits was eventually approved.

The defendant-employer argued to the Court of Appeals that the Industrial Commission had penalized the employer for not paying benefits which were never due. In response, the North Carolina Court of Appeals wrote: “To the contrary, the temporary total disability benefits were due pursuant to Rule 404 of the Workers’ Compensation Rules of the North Carolina Industrial Commission”. The court held that the plaintiff’s total disability payments which were previously paid in accordance with an agreement between the parties, could not be cut off without a finding that the worker’s disability no longer existed.

Under the terms of Rule 802 of the Workers’ Compensation Rule, non-compliance with a Workers’ Compensation Rule may subject the violator to sanctions including the imposition of attorney’s fees.

This Court of Appeals case, Thompson v. Triangle Communities is very important.

The employer has a right to ask the Industrial Commission to terminate benefits. However, the employer does not have a right to terminate benefits without permission from the Industrial Commission. This places an undue hardship upon the employee who is without income during the time that it takes for a hearing on the issue of whether benefits should be terminated. It usually takes many months for the Industrial Commission to set such a hearing. Even after the hearing the appeals process could take many more months or even years. If the employer terminates the employee’s benefits without having received permission from the Industrial Commission, the employee and his or her family suffers an enormous financial hardship. That is why the rule exist which forbids such termination without approval.

Originally posted at InjuryBoard by Brent Adams

When Injury Occurs At Work Caused By Someone Other Than The Employer

Brent Adams — Wed, 11 Feb 2009 09:50:00 GMT

If a person is injured on the job he or she is entitled to certain workers’ compensation benefits. If someone is injured by the negligence of another; the victim is entitled to recover for his or her injuries.

We will discuss the injured person’s rights when they are injured by the negligence of another (not the employer) while they are also at work and working within the course and scope of their employment.

The fact that a worker recovers workers’ compensation benefits as a result of injuries sustained because of the negligence of a third person (by a third person or other legal entity other than the victim’s employer) does not prevent the victim from bringing a claim against the negligent party who caused the injuries.

Unfortunately, workers’ compensation benefits are very limited. While workers’ compensation benefits do pay a portion of the lost wages and for all related medical bills, workers’ compensation does not pay for pain and suffering, mental or emotional distress and many other elements of damage that can be recovered in claims against a negligent party other than the employer.

Because workers’ compensation benefits are very limited, it is always in the best interest of the victim to bring an action against a negligent third party in addition to filing the workers’ compensation claim.

The third party claim is brought in State or Federal Court the same as any other claim against a negligent party. In this third party claim damages can be recovered for pain and suffering, medical bills, mental and emotional distress, lost earning capacity, lost earnings and many other elements of damages that apply in ordinary negligence cases.

The employer and its workers’ compensation carrier have a lien, however on the proceeds from any recovery against a third party defendant. The employer and its workers’ compensation carrier get the first money received from the third party up to the amount it has paid in workers’ compensation benefits. This is by operation of a statute in North Carolina.

There is a provision however which allows a trial Judge in certain circumstances to reduce or completely eliminate the workers’ compensation lien such that the worker can receive the benefits from the third party claim without having to reimburse the employer or workers’ compensation carrier for all the workers’ compensation benefits received.

If for some reason the victim does not pursue a claim against a third party, the employer and its workers’ compensation carrier has a right, under certain circumstances to file a claim against the negligent party to recover the amount it has paid out in workers’ compensation benefits.

Issues dealing with a workers’ compensation lien are very complex and a lawyer should be consulted when contemplating filing a third party claim after workers’ compensation benefits have been received.

Originally posted at InjuryBoard by Brent Adams

“Absolute Certainty” Is Not Required to Recover In Workers’ Compensation Case

Brent Adams — Tue, 10 Feb 2009 09:45:40 GMT

The North Carolina Court of Appeals has recently affirmed payment of the workers’ compensation claim to a stroke victim. The employee’s doctors had testified that his on-the-job automobile collision may have been a significant contributing factor to the stroke.

The motor vehicle collision occurred on May 13, 1995. The impact of the collision snapped the employee’s head forward and then back. He experienced pain in the base of his skull, the back of his neck and his left shoulder. Even though he was in pain, the employee continued to work and did not seek medical treatment.

On May 22, 1995, the employee experienced weakness in his left leg after using a blowtorch on a hot day. He was taken to the hospital where the stroke was diagnosed. As a result of the stroke, the employee suffers partial paralysis of his left arm and leg and walks with a cane.

This case is an example of the application of a long standing rule in North Carolina that a worker can receive workers’ compensation benefits even though his doctors are not absolutely certain that an on-the-job accident or work conditions caused injury to the worker. In this case, the doctor who first diagnosed the stroke, when questioned about whether the motor vehicle collision was the cause of the stroke, stated only that: “There was some association between the trauma of the accident and the stroke.” A neurologist who examined the employee testified that: “It remains entirely possible that the stroke occurred as a result of this injury” and that: “In light of the lack of other cerebrovascular risk factors, the automobile accident of May 13, 1995, might have been a significant contributing factor to the stroke.”

The Court of Appeals in this case, Mosely vs. Blythe Equipment Company, affirmed the award of the North Carolina Industrial Commission and found that the evidence was sufficient for the employee to recover. In discussing the sufficiency of the medical evidence concerning causation, the Court wrote: “Our Court has previously rejected any argument that causation must be established with ‘medical certainty.’ We require only ‘medical probability’…an expert may express the opinion that a particular cause ‘could’ or ‘might’ have produced the results indicating that the result is capable of preceding from the particular cause as a scientific fact, i.e., reasonable probability in the particular scientific field.”

The defendant/employer unsuccessfully argued that the evidence was not sufficient to support the finding that the stroke was caused by the motor vehicle collision. The defendant pointed out that both of the employee’s doctors admitted on the cross-examination that there could have been other causes of the plaintiff’s stroke.

Originally posted at InjuryBoard by Brent Adams

What Should I Do If I Am Injured On The Job?

Brent Adams — Thu, 05 Feb 2009 09:49:16 GMT

North Carolina Law provides a system for compensation to injured workers, which is intended to replace lost wages and provide medical care for the injured worker. Important rights can be lost however if the proper procedures are not followed.

North Carolina Law requires an injured employee to report an on the job injury in 30 days orally and in writing. In addition to a written notification to the employer the employee should give written notification to the North Carolina Industrial Commission on its form 18. (North Carolina Industrial Commission, Dobbs Building, 430 North Salisbury Street, Raleigh, North Carolina 27611)

The injured worker should be examined immediately by a physician. The law gives the employer the right to choose the doctor for examination and treatment. If the employer does not provide a doctor, the employee can go to a doctor of his or her choice.

Be sure to explain to the doctor full details of how you were injured on the job. The doctor’s records need to clearly indicate that you are being treated for an on the job injury.

It is extremely important for the injured worker to keep copies of “out-of-work” notes given by the doctor. The original should be given to the employer, and the employee’s copy should be kept by the employee should it be necessary to prove the inability to work for the covered period of time.

You should keep your employer informed concerning the status of your medical condition and when you may return to work.

If your doctor returns you to work with restrictions on the type of work you are able to do be sure to get from the doctor a written list of those restrictions. The original list should be given to the employer, and you should keep a copy of those restrictions with your important papers. Another copy of those restrictions should be kept with you while working. If your employer ask you to do work that is outside of your physical restrictions imposed by your doctor you should explain to your employer that the doctor will not allow you to work outside your restrictions. Since you will have a copy of those restrictions with you, you can show them to your immediate supervisor as proof that you can not do the work they have ask you to do.

Be sure that you doctor files a claim for medical services on the appropriate forms, and sends those forms to the workers’ compensation insurance carrier. The Industrial Commission will determine whether payment for those services are approved, and will set a fee for those services. The approved fee may be less than the bill. If so, your doctor may not charge you a fee greater than that set by the Industrial Commission. All medical bills must be approved by the Industrial Commission. If your doctor sends you a bill directly forward that bill to your employer to be forwarded to the workers’ compensation insurance carrier.

Keep track of your mileage traveled for health care, so that you may be reimbursed at the rate of $0.505 per mile. Keep copies of your prescribed medications and bills, and forward these to your workers’ compensation insurance carrier.

Originally posted at InjuryBoard by Brent Adams

What To Do When You Are Hurt On The Job

Brent Adams — Wed, 04 Feb 2009 09:01:00 GMT

When you are hurt on the job, there are certain specific things you should do to protect yourself and your family.

The law requires that you report the accident in writing to your employer. You should immediately report the accident to your direct supervisor. Also be sure your fellow employees who work near your workstation know that you have been injured in an accident. Write down, and keep the names of all witnesses to the accident.

The steps set out above should be taken even if you do not think you were significantly hurt in the accident. In many cases, particularly with respect to back injuries, the injured worker does not realize until much later that the injury is significant.

Many valid claims have been denied because the worker did not report an accident to the supervisor and co-workers were not aware that an accident has occurred.

When you report the accident to the supervisor, ask for an examination by the “company doctor”. The law gives the employer the right to choose the health care provider for the injured worker. If the employer refuses to provide medical care, consult your own doctor. Chances are, you can get your health insurance carrier to pay for medical expenses if the employer denies the claim and refuses to provide medical care. If the employee eventually wins the workers’ compensation claim, the employer will have to pay for all medical care given the employee even though the employer did not choose the doctor.

Be sure to tell your doctor that you were hurt on the job and give specific details of the accident to your doctor.

If your doctor instructs you to stay out of work, be sure to get a note from the doctor to your employer verifying that fact. Before you deliver this note to your employer, be sure to make copies of the note for yourself. If there is ever a dispute about to whether you were able to return to work, these notes will protect you. Without a written note from the doctor, you are at risk of not getting workers’ compensation benefits during the time you are out of work.

Keep your employer informed of your medical treatment and when you anticipate that you will be able to return to work.

Your employer is required to pay you two-thirds of your average weekly wage while you are out of work. (Subject to a seven day waiting period) If your employer refuses to pay within fourteen days after the injury, contact a lawyer immediately.

If your employer does pay while you are out of work, be sure you are paid for any permanent disability you have as a result of the accident.

If you have any question about your workers’ compensation claim, call Brent Adams & Associates. There is no charge or obligation.

Originally posted at InjuryBoard by Brent Adams

Mail Fraud Charges Used To Fight Workers' Compensation Claimant

Brent Adams — Wed, 26 Mar 2008 03:05:31 GMT

Mail fraud indictments are a favorite tool of federal prosecutors for just about any campaign de jour .

These charges were used recently in a case brought by federal prosecutors against a workers' compensation claimant.

A former employee of the Postal Service has denied federal charges of lying about disabilities while she collected approximately $69,000 in benefits from workers' compensation. On Thursday, March 20, 56-year-old Martinsdale, Montana native Bonnie Margaret Schreiber entered a plea of not guilty to charges of two counts of mail fraud, wire fraud, and theft of federal government money.

According to the indictment, Schreiber allegedly regularly filed false claims with the U.S. Department of Labor related to payments for workers' compensation and lied to doctors and the Postal Service about her condition.

According to Schreiber's claims, she was "totally disabled" and unable to stand, sit, or walk for long time periods and wasn't able to routinely bend over for the performance of routine actions on a regular basis. According to the indictment, Schreiber in fact knew that she was able to sit or stand for long time periods while hunting, fishing, stacking and cutting firewood, and operating a tractor. It also noted that she was able to bend from the waist in order to perform manual labor such as clearing debris from fence lines and lifting and hauling firewood.

According to the prosecution, Schreiber received $68,726 in fraudulent benefits and used the mail and wires to carry out her scheme.

Schreiber began her employment with the Postal Service in 1972 before becoming a part-time regular letter carrier in Roundup, Montana in 1974. Her first workers' comp claim was filed in 1977, alleging she had injured her right leg and back. She underwent surgical procedures on her back in 1978 and 1979 and had returned to work as a full-time mail processing clerk by 1981.

Schreiber filed her second and third claims during the 1980s, claiming she had suffered carpal tunnel syndrome and a back disorder and stress. In 1986, she stopped working and was placed on long-term rolls for workers' comp in 1987. She continued receiving monthly benefits until her indictment.

Schreiber is facing a maximum penalty of 20 years in prison and a $250,000 fine for the fraud counts and 10 years in prison and a $250,000 fine on the charge of theft.

Originally posted at InjuryBoard by Brent Adams

Race tied to reduction of workers' compensation benefits

Brent Adams — Sat, 08 Mar 2008 19:50:34 GMT

A man from El Cajon, California is claiming that he lost half of his benefits from workers' compensation due to his race.

The workers' compensation plan of California Governor Arnold Schwarzenegger contains language that is somewhat vague, which has allowed medical examiners to use age, race, and sex when determining how much should be paid by a company in a claim for workers' compensation.

Milton Jones has a breathing machine as his lifeline. He says that, on average, he stops breathing approximately 67 times per night.

Jones was injured while working as a cook at Costco Wholesale in La Mesa, California. As part of his job, he had to clean large ovens with an industrial grease remover.

Jones said he was trained to use a whole bottle of the grease remover/oven cleaner every night. He said the steam generated by the heat of the ovens and the grease remover would get in his eyes and face and he would inhale it. He said this caused him to start suffering from asthma ,sleep apnea, and hypertension.

While seeking workers' compensation, Jones' payments were cut in half by a medical examiner. He said that he was told that being African-American, he had a genetic predisposition to high blood pressure or hypertension. Experts say that his case isn't unique.

According to Lorena Gonzalez of the San Diego-Imperial County Labor Council, gender and age are being used as factors to cut back on benefits.

Jones' medical bills and loss of benefits have caused him to become homeless. He said he would do everything in his power to keep this from happening to anyone else.

Jones was awarded $17,000 by a judge for the permanent disabilities his injuries caused him and a bill banning race, gender, and age discrimination for workers' compensation case will go to the U.S. Senate within the coming months.

The California legislature is considering legislation which will take race and gender factors from being considered in workers' compensation claim determinations.

Originally posted at InjuryBoard by Brent Adams