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Charlotte Workers' Compensation Law Blog

Uninsured North Carolina employers face the consequences

When employees in Charlotte are injured on the job, they should be able to recover monetary compensation under workers' compensation laws to help them pay for their medical bills and lost wages. However, this is not always as easy as it may sound.

Previous posts have mentioned incidences of North Carolina employers neglecting to purchase workers' compensation insurance. One of those prior posts informed readers that North Carolina state officials were taking a stance against these employers' lack of insurance.

Sleep deprivation leads to workers' compensation claims

According to recent trends in US workers' sleeping patterns, it seems that one thing is clear: Charlotte workers should focus on getting more sleep. Currently there are approximately 41 million workers in the US that do not get enough sleep. After a poor night's sleep, one might experienced an increased risk of serious or even fatal injury in the workplace.

When an individual is injured at work, whether it is caused by lack of sleep or some other safety issue, he or she is entitled to workers' compensation benefits. Depending upon the nature of the injury, injured workers may be entitled to income benefits, medical benefits or even permanent disability benefits. However, it is of course preferable to avoid injury in the first place. According to a recent study, lack of sleep may be leading to workplace accidents.

Will an injured truck driver receive workers' compensation?

A North Carolina truck driver sustained severe injuries while on the job after being involved in an accident last month. The question is, since the truck driver was on the job will he be entitled to workers' compensation benefits for his injuries?

Authorities state that the man was lucky to even survive the crash. There are not many details known except that the man suffered severe injuries to the back of his head. Upon sustaining these injuries, he began to struggle with his orientation. Medics promptly transported the man to a nearby medical center.

North Carolina takes action against employers without insurance

An earlier post in this blog mentioned the commonality amongst numerous North Carolina employers to refrain from purchasing workers' compensation insurance to protect their workers. Now, the North Carolina Industrial Commission is buckling down and taking action to ensure employers are purchasing insurance to supply their employees with income benefits, medical benefits and disability benefits following a workplace injury.

Each year, more than four million employees sustain an on-the-job injury or occupational disease. More than two million of these injured workers endure such serious injuries that they are forced to spend time away from work for their recovery. Therefore, it is essential that all employers carry the appropriate insurance to provide their employees with workers' compensation benefits.

Research finds a link between heart disease and asbestos

North Carolina residents who either worked with asbestos or who had a loved one who worked with asbestos will be interested to learn the results of a recent study concerning asbestos and its link to the development of heart disease. The study may eventually give North Carolina employees the ability to recover workers' compensation income benefits, medical benefits or permanent disability benefits.

Once commonly used as a fire retardant, asbestos was first outlawed in the late 20th century after it was discovered it had a link to the development of the cancer mesothelioma and the lung disease asbestosis. However, those in the medical field have long wondered whether asbestos is also linked to the development of heart disease.

North Carolina employers skimp on workers' compensation insurance

Employees in North Carolina are being put at risk daily by thousands of employers who are making the decision to cut expenses by not purchasing workers' compensation insurance. Although this is against North Carolina law, the state's Industrial Commission is reportedly not doing much to enforce the law.

Under the law, businesses with at least three employees must buy insurance or prove to the state that they are able to cover costs of employee injuries. Employers are also required to inform the Industrial Commission that they have workers' compensation insurance. However, the Commission does not actually ask this to be done. Instead, the Industrial Commission has the North Carolina Rate Bureau provide them a list of employers that have purchased insurance. However, at no point does the Commission sift through this list and determine which businesses have or have not purchased workers' compensation insurance.

NC plant explosion injures four employees, two firefighters

A workplace accident at a North Carolina plant late last month left four employees and two firefighters injured. An explosion occurred in a silo that is used to collect newspaper dust. The plant manufactures mulch from old newspapers and the dust is a byproduct of this process.

All four of the injured employees suffered not only from facial flash burns but also sustained burns on their heads. It is believed that one of these four employees received more serious injuries and is suffering from tracheal burns from inhaling high-temperature air during the explosion. Emergency personnel rushed all four employees to the hospital.

NC worker killed in cotton gin incident, employer fined

Late last year in our Charlotte NC Workers' Compensation Blog, we wrote about a local industrial worker who was killed in a workplace accident. The man worked at a cotton gin in Trenton, North Carolina. The 62-year-old man, of Trenton, suffered traumatic and fatal injuries to his face, head and side while driving a forklift in the company's warehouse in November.

Now, North Carolina's labor department will fine the cotton gin for two major occupational safety hazards. The cotton gin has been ordered to pay $4,900 for the infractions. The money will benefit the Civil Penalties and Forfeitures Fund, which then will be dispersed to the state's public school fund and for school technology.

Obesity causes workers' compensation challenges

The obesity epidemic is becoming an increasingly serious problem in America and it is one of many health problems that affect Charlotte area workers. In fact, according to the Centers for Disease Control and Prevention, almost 40 percent of adults are obese.

Obesity poses risks to many aspects of a person's health, leading to things like hypertension, stroke, coronary heart disease, cancer and diabetes. Many workers' compensation managers are also complaining that obesity is making efforts to return injured employees to work and restore them to full health more difficult. Nonetheless, it is important for workers to know that regardless of their weight, they have a right to seek compensation for workplace injuries.

Increased workplace safety regulations in restaurant industry

North Carolina employers and employees in the restaurant industry may find it interesting to learn that the Occupational Safety and Health Administration is pushing to pass a regulation that would impact them substantially. If enacted, the regulation would require much more detailed and proactive workplace safety processes.

Restaurant employers are known for their reactive rather than proactive approach to workplace injuries. This means that some restaurant employers address problems and teach employees how to avoid them after the fact, rather than before.

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William D. Acton, Jr.

1321 E. Morehead Street
Charlotte, NC 28204
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