Workplace Injury

North Carolina Mechanic Dies In Workplace Accident :: Personal Injury Law Firm in Charlotte, NC

March 28, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

A 22-year-old mechanic from Lexington, NC was killed last week after a tractor-trailer fell on top of him while working at JRJ Trucking in Thomasville. According to Davidson County Emergency Services, the accident was reported just before 6 p.m. last Monday.

The worker, Paul Peterson, was pronounced dead at the scene of the accident according to the county’s medical examiner. Peterson was working under the front end of the tractor-trailer when it collapsed on top of him and pinned him. A coworker was nearby when the accident happened and rushed to call 911. Police say that other workers in the facility came to help Peterson but that everything happened so quickly and the truck was so heavy that they were not able to extricate him before emergency crews arrived.

The North Carolina Department of Labor has announced that it is launching an investigation into Peterson’s death and so far does not know exactly what caused the tractor-trailer to fall on top of the young man. Such investigations are standard procedure when there has been a death in a workplace. The DOL will investigate to see if the company, JRJ Trucking, violated any of the state’s occupational safety and health standards and if such violations might have led to Peterson’s tragic accident.

The DOL has said that complete results from the investigation could take between three and four months. Preliminary results show that a jack that was being used to hold up the semi truck gave way. The DOL does not yet know whether the jack that was being used met the required specifications for use with a tractor-trailer.

Chicken Plants In North Carolina Pose Danger To Workers :: Personal Injury Law Firm in Charlotte, NC

March 26, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “I have been injured on another person’s property. What should I do now?”

Chicken processing plants are big business across the southern U.S., especially here in North Carolina where thousands of workers are employed in poultry plants. Though the jobs can be important for some rural communities, the dangers posed by working in the plants can be tremendous.

Just last month a poultry processing plant in Raeford, NC was ordered to pay tens of thousands of dollars in fines for releasing untreated wastewater into the city’s treatment plant. The water contained blood and turkey parts and was sent directly to the treatment plant without any warning. The investigation found that the company ordered employees to handle the potentially harmful waste before it was sent out into the town’s water supply.

The news of the North Carolina incident, which jeopardized the health and safety of plant workers, mirrors the conclusion of a recent report issued by the Southern Poverty Law Center, called “Unsafe at These Speeds”. The report found that workers in poultry plants are often exposed to dangerous work conditions and suffer injuries at much higher rates than other workers.

The problem the report zeroed in on was that workers at chicken plants are required to work at an unsustainably fast pace. The grueling workload puts workers at risk for injuries and also exposes them to harmful and even toxic substances. Given the cold temperatures in the plants and the repetitive work, muscle pain, carpal tunnel syndrome, back and shoulder problems are all very common. In fact, the risk is so high that the study found that workers at chicken plants are almost 2.5 times more likely to have severe carpal tunnel than non-poultry industry workers.

NTSB Says Dangerous Flaw Found in Transport Tanker

September 20, 2012 | AS Personal Injury Lawyers

According to recent reports, for at least the last 20 years, one of the most commonly used types of rail tankers has been allowed to transport hazardous materials across the country, this despite the fact that transportation officials knew of a dangerous design defect. The design flaw all but guarantees that the rail car will tear apart in the event of an accident, thus spilling cargo that could catch fire, explode or harm surrounding residents.

One reason the issue has become more pressing is recent spike in accidents due to the greatly increased demand for ethanol, a highly flammable fuel typically transported by rail. One recent derailment triggered a massive chemical spill and explosion over the summer in Columbus, Ohio. One eyewitness said the resulting explosion was so intense that it looked like the sun had blown up.

The tanker, known as the DOT-111, has a soda-can shape and is one of the most commonly seen cars on rail freight routes. Though the car itself is not the cause of derailments, the National Transportation Safety Board (NTSB) notes that the steel shell is too thin to resist puncture in accidents. Furthermore, the ends of the car are especially vulnerable to tears and the unloading valves and other fittings can break off during rollovers.

The flaws are sadly, nothing new and have been noted since as far back as a 1991 safety study. Tragically, the potential for things to go wrong has also not been newly discovered. A report found that ethanol tankers have been punctured in at least 40 serious accidents since 2000. The human toll is also very real given that accident reports indicate that since 1996 at least two people have been killed by explosions from railroad accidents and dozens more suffered injuries.

The example of how things can go terribly wrong became a reality in 2009 in Rockford, Illinois. A Canadian National freight train moved through town carrying more than 2 million gallons of ethanol. The crew was unaware that just ahead, rain had washed away a portion of the track. When the tankers rolled over the damaged track, the engineers could tell the train was going to derail.

The cars began falling from the tracks and flying into the air one by one. A driver parked at a nearby railroad crossing sat helpless as the waves of explosions washed over him and his family. One of several cars parked at the crossing belonged to Jose Tellez whose wife, Zoila, was killed. A witness reported seeing Zoila run from the family van in flames before dying. Jose suffered severe burns while his adult daughter, who was five months pregnant, lost the baby she was carrying at the time.

In addition to the fatality, 11 people were injured in the derailment, making it the nation’s single worst ethanol tanker accident. Nineteen of the 114 cars derailed. Thirteen released ethanol and caught fire. In the final accident report, the NTSB listed the “inadequate design” of the tanker cars as a factor contributing to the severity of the accident.

It is incidents like the one in Illinois that have some communities worried about the potential dangers associated with the continued presence of the flawed tankers on America’s railways. According to recent reports, the railroad industry has so far agreed to change all cars built after October 2011 to a safer design. The improvements will mean thicker shells and shields on the ends of the tanks designed to prevent punctures. While this is certainly goods news, the 30,000 to 45,000 existing tankers that will remain unchanged present real concerns to innocent Americans in the path of the railroads.

Social Media Can Play Important Role in North Carolina Personal Injury Cases

May 22, 2012 | AS Personal Injury Lawyers

Before the Internet, insurance companies, attorneys, law enforcement, collection agencies and other individuals responsible for investigating information had to work a lot harder to check out individuals. Today, people volunteer much of the information such investigators are searching for.

The rise of social networking websites such as MySpace, Facebook, LinkedIn and other online communities have encouraged people to post anything and everything about themselves. Friends and acquaintances are not the only people taking notice. It has also become a crucial tool used by insurance companies, and other organizations, to gather evidence and seemingly innocuous posts on popular websites can damage an otherwise great personal injury claim.

Attorneys use social networking websites to verify what the opposing party is doing. If someone gets into an accident and claims to have an injury while submitting documentation that he or she cannot work, an investigator can easily go look up the person’s Facebook page. If the person’s Facebook page displays pictures of them dancing or rock-climbing or doing something that contradicts what was told to the insurance company, that person has just sabotaged their case.

Being tagged in a photograph by a friend who does not have privacy settings on a Facebook page can also spell trouble. If a supposedly injured person is seen doing something they claim not to be able to do, it can be used as evidence to deny a settlement offer or dismiss a court case seeking money for injuries. While this post should not be read as encouraging deception, injured parties should be aware that anything posted online is not 100% private.

It is recommended that you take down or deactivate all individual social networking pages while a claim is being pursued. If you’re not prepared to take the big step of deactivating your accounts, there are other precautions that can be taken short of that.

1. Immediately make your profile “private,” and set all privacy settings to the highest level.

2. Remember to not discuss your accident, injuries or treatment, including any prescribed medication, on ANY social networking sites.

3. Avoid discussing recent activities you’ve engaged in, physical exertion, abilities and limitations, or any other information that may bear on what you can and cannot do because of your injuries. It’s important to avoid this even if you’re not directly talking about activities related to your lawsuit.

4. Remove all photographs and videos of you taken since your injury, and refrain from posting until your claim has been resolved.

5. Be sure you know everyone who is your “friend.” Do not accept friend requests from people you do not personally know.

6. Review your friend list and block anyone you are not 100% sure you trust. Opposing parties could pose as a friend or get information from others who are to gain access to potentially incriminating information that could negatively affect your lawsuit.

Work-Related Nursing Home Injuries Explored by North Carolina Research Institute

April 26, 2012 | AS Personal Injury Lawyers

In 2004, the Research Triangle Institute in Durham, North Carolina collected data from nursing home aides and certified nursing assistants regarding their work schedules, training, and overtime. The purpose of the data collection was to determine if there was a link between those variables and increased injuries on the job in nursing homes.

The data was then compiled into a study and analyzed by the United States Centers for Disease Control and Prevention. The study is entitled, “Work-Related Injuries Among Certified Nursing Assistants Working in US Nursing Homes” and it was written by Galina Khatutsky along with three others.

The study found that risk of injury was significantly associated with three factors: (1) mandatory overtime; (2) multiple jobs in the last 5 years; (3) being 30 years old or younger. Those aides who received more training and who were required to work less overtime were less likely to be injured on the job. There was also come connection between the numbers of reported injuries and whether the aides worked in environments where they felt respected. If there was some level of respect for the aides, the aides were less likely to report being injured by the patients in the nursing home.

Most of the injuries suffered by the aides came from patients who were aggressive. Some of the injuries were also associated with having to lift those patients who cannot lift themselves. Most aides, however, reported having access to lifting equipment and being able to use the equipment regularly to assist them in their jobs.

As a result of this study, the researchers are recommending that certified nurse assistants (CNA’s) receive more comprehensive training and more support during the first few months on the job. They also recommend that CNA’s be extensively schooled on how to handle difficult patients as these seem to be the primary cause of the injuries to the workers and also that nursing homes reduce the amount of overtime that the employees are required to work.

Workers’ Compensation not Available Thousands of Injured North Carolina Workers

March 29, 2012 | AS Personal Injury Lawyers

A report by the Charlotte Observer has noted a disturbing trend in North Carolina: employers who do not have workers’ compensation insurance and who are leaving their employees out to dry after serious injuries. This trend is not only obviously hurting the employees who have no compensation after being injured on the job, but it is also forcing employers to close their doors due to the demand of lawsuits.

The state Industrial Commission is the agency responsible for ensuring that employers obtain and maintain workers’ compensation insurance as required by the law of the state of North Carolina. However, it only gets involved after an employee has been injured and then is left with no income and increasingly expensive medical costs. According to the Charlotte Observer, the Industrial Commission does not try to determine which businesses have failed to purchase workers’ compensation insurance and which businesses have allowed their workers’ compensation coverage to lapse.

Under North Carolina law, businesses that have more than three employees are required to purchase workers’ compensation insurance. The businesses, however, are only required to tell the Industrial Commission that they are insured. Besides a simple notification, there is no enforcement, no way of making sure that businesses have actually purchased the required workers’ compensation insurance.

While recently, the North Carolina General Assembly has attempted to reform the state workers’ compensation law, making it more affordable for employers, the revisions and amendments to the law failed to address what happens when employers do not purchase workers’ compensation insurance. Other lobby groups, such as the North Carolina Homebuilders Association, have begun pushing for stricter enforcement of the insurance requirement and punishment for those businesses that do not comply. The branch of the Industrial Commission charged with dealing with those businesses that do not have workers’ compensation insurance only focus on collecting the necessary money from the business rather than punishing the business for its violation of the law.

Poop Pours Onto North Carolina Highway

March 22, 2012 | AS Personal Injury Lawyers

Drivers on Interstate 70 in eastern North Carolina were not prepared for what they were going to endure on that early morning drive Monday morning. As drivers were on their morning commute, they were accompanied by a truck carrying an unlikely substance. None of the drivers knew what the unsuspecting truck was carrying until something malfunctioned and the contents of the truck ended up splattered on the road in front of them.

WCNC.com reported that the truck was carrying human waste from a sewage plant to be used as fertilizer. Something went wrong and the truck opened up while the driver was on the interstate. The waste came pouring out of the truck onto the highway. One lane was blocked and about 300 feet of waste spilled out on the road. While no injuries were reported, at least two cars ended up sliding around in the mess before the lane was closed off to further traffic.

Charlotte, North Carolina Worker Injured, May Need Workers’ Compensation Lawyer

March 20, 2012 | AS Personal Injury Lawyers

According to a recent report by MSNBC, Charlotte firefighters were called to the Barnhardt Manufacturing Company early Monday morning because one of the company’s employees was involved in a serious accident. When the firefighters rushed into the plant, they found one of the workers with his entire arm caught inside one of the processing machines. According to Captain Mark Basnight, it took nearly 30 minutes to free the worker’s arm from the machine. It was an extremely tedious procedure. The firefighters had to take their time to make sure that they did not do any further damage to the man’s arm trapped inside of the machine.

After being freed from the machine, medics rushed him to Carolinas Medical Center. He suffered significant life-threatening injuries and the doctors had to amputate the man’s arm. It is likely that he will have to have more cosmetic surgery in the future and even more if he is planning on using a prosthetic arm.

The Barnhardt Manufacturing Company processes cotton and other fabrics. According to its website, the company bleaches and purifies cotton to be used by other manufacturers. NewChannel 36 tried to reach the company for comment, but they have not been successful. That the company would not respond to requests for comment is not surprising given that during the past 10 years OSHA investigators have been to the plant seven times.

In addition to the visits from OSHA, the plant has been cited 35 times for violations. It is possible that OSHA violations were to blame for the serious accident, but the investigation is not complete. OSHA, which stands for the Occupational Safety and Health Administration, is the federal agency that enforces that Occupational Safety and Health Act of 1970. That law requires that employers provide workers with a safe and healthy working environment. If an employee believes that his or her work place is not safe, that employee is entitled to file a confidential complaint with OSHA, and eventually entitled to judicial review of a final decision of OSHA.