Charlotte Injury Lawyers Blog

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.

Authorities Cracking Down on North Carolina Truckers with Sleep Apnea

April 24, 2012 | AS Personal Injury Lawyers

A recent report by TruckingInfo.com has revealed that the Federal Motor Carrier Safety Administration is recommending that there be increased standards for evaluating whether a driver has sleep apnea. This announcement comes after two advisory panels recommended that the evaluation standards be more aggressive. The panels recommended that if the agency identifies a driver with a body mass index of 35 or more that driver should be sent for a sleep apnea evaluation. The agency has asked for public comment on the proposed regulation.

The panel also recommended that some circumstances immediately disqualify a driver. If a driver falls asleep at the wheel or if the driver is involved in an accident because of fatigue, they will be prevented from driving until they have been evaluated for sleep apnea and are undergoing treatment for the condition.

Evaluation and treatment for such a disorder is especially important for drivers. Sleep apnea is a sleep disorder that is caused by airflow obstruction during sleep. One of the primary symptoms of sleep apnea is fatigue and sleepiness during the day. For those individuals who drive for a living, success on the job depends on being able to remain alert. It is important that those in the transportation industry, such as truckers, are aware of the problem and attempt to reduce injuries to employees and others. According to a professor at Harvard Medical School, a person with sleep apnea is at a 242% greater risk of having a crash while driving than someone who does not suffer from the disorder. Numbers like that are scary and should be taken very seriously indeed.

Charlotte, North Carolina School Bus Accident Sends 12 to the Hospital

April 19, 2012 | AS Personal Injury Lawyers

The presence of school buses should always give drivers pause. It should signal to those who are around that precious cargo is present. No one wishes anyone to be injured, but injuries to children are the most heartbreaking. Anything that can be done to prevent a child from being senseless injured by the carelessness of others should be observed and highlighted.

On Wednesday, May 2, 2012, two school buses carrying busloads of children and one car were involved in an accident that sent several to the hospital. Fox Charlotte reported that around 3:00 p.m. at the corner of Carolina and Edgefield Avenues, a Chrysler sedan and the two school buses collided. Between the two buses and the car, there were 58 people involved in the accident. Twelve people were taken to the hospital and treated for minor injuries.

One of the buses was from the YMCA and the other bus was from the Gaston Boys and Girls Club. Both buses had just picked up the students that participated in their afterschool program. The report does not reveal the cause of the accident or whether any charges are pending against any of the drivers.

Accidents like this are often preventable. As long as everyone on the road is paying attention to those around them, there is no reason why school children should be injured in such accidents. It is possible that some legal liability will come out of this accident. If the driver of the car was negligent, then he or she will be responsible for the injuries to the children and the damage to the buses. If either of the bus drivers were negligent, they too would be responsible for the injuries to the children and the damage to the buses, but it is also possible that their employers may be held liable.

Car Accident with Train in Charlotte, North Carolina

April 17, 2012 | AS Personal Injury Lawyers

According to a recent report by WBTV.com, Charlotte light rail train riders received a shock last week when one of the trains was involved in an accident with a car. On Wednesday, April 25, 2012, all traffic on the rail lines was halted due to the accident. There were no reported fatalities, but six people were taken to the hospital with minor injuries.

The accident happened at the crossing at Remont Road and South Boulevard, at 8:30 p.m. There was a car sitting at the crossing, waiting for the train to completely pass by. All of the safety measures and lights were in working order that evening, or at least no one has reported that there was a malfunction with any of the warning signals. While the car was waiting for the train to pass, a Jeep approached the car and it through the protective arms onto the railroad tracks. As a result, both the lead car and the Jeep were in the train’s way as it was coming down the tracks.

The authorities are being quiet about the cause of the accident. The police are not yet saying whether alcohol was involved in the accident or whether there was some other cause of the accident. The Charlotte Area Transit System (CATS) personnel are talking, however, and a spokesperson, Jason Leier, revealed that three passengers and the engineer were taken to the hospital. The engineer was not injured, but company policy requires that a doctor see the engineer after an accident.

Also, the car that was hit by the train was carrying three people. They were all taken to the hospital as well and treated for minor injuries. As yet there has been no word on when the injured parties will be released from the hospital. If these minor injuries turn into major injuries, the driver of the vehicles that caused the accident may be facing significant legal liability.

Pedestrian Injured and Killed in Crosswalk Automobile Accident

April 12, 2012 | AS Personal Injury Lawyers

Yet again there has been a pedestrian hit by a car and inadequate crosswalks may be to blame. On Monday, April 16, 2012, 13-year-old Jessi Mendoza-Valdez had an unfortunate encounter with a car as he was crossing the street and two days later he died from his injuries. He was trying to cross a busy intersection during rush hour traffic.

Valdez and his parents lived at the Misty Woods Apartment complex. On Monday afternoon, he was trying to cross the Central Avenue from the side of the street where his apartment complex was located to the other side where a small group of stores was located. He successfully made it to the middle of the road onto the median, but when he was trying to make it across the rest of the way he was hit by a car.

The driver of the vehicle immediately stopped to help Valdez and remained on the scene while the police began their investigation. He has been cooperating with the police the investigation. An eyewitness to the accident, Anival Sandoval, had just made it into the store when the accident occurred. Wednesday, Sandoval noted that the same intersection where Valdez was hit has posed a danger in the past because of the lack of crosswalks there.

North Carolina Firefighter Injured in Car Accident

April 10, 2012 | AS Personal Injury Lawyers

In Huntersville, North Carolina, a firefighter is recovering from being injured by a car while doing his job. According to a recent article published on WCNC.com, on Saturday, April 14, 2012, the fireman was getting back into his truck after fighting a fire on Beatties Ford Road. As he was climbing up into his truck he was hit by a car as it passed him. He was thrown off of his truck and hit the road. As a result of the accident, the fireman had abrasions, a concussion, and severe road rash. The fireman was immediately taken to Carolinas Medical Center for medical attention. Soon after being admitted to the hospital, the fireman was released and sent home to recover from his injuries.

A preliminary investigation revealed that the driver of the car did not see the fireman as he was getting up into his truck. The flashing lights from the fire truck obstructed the driver’s view. Like every responsible citizen involved in a car accident, the driver of the vehicle stopped and remained at the scene. The driver cooperated fully with the investigation and will not be facing any charges related to the accident.

Although no criminal charges will be filed against the driver, the driver may still face possible civil liability for his involvement in the accident. The driver was clearly at fault for the accident. Because the lights from the fire truck obstructed the driver’s view, he could have slowed down to ensure that he avoided getting into an accident. The fire truck, which is a clearly marked emergency vehicle, had all of the lights and sounds going so that everyone on the road and in the neighborhood knew that the vehicle was being used for emergency purposes.

Charlotte Woman’s Beach Accident Should Raise Concerns for North Carolina Sunbathers

April 5, 2012 | AS Personal Injury Lawyers

A Charlotte woman’s Florida vacation turned into a nightmare. Rinda Mizelle was enjoying her vacation on the beach in Fort Lauderdale, Florida when her time in the sun was ruined. She was run over by an Ocean Rescue pickup truck. She was sunbathing on the beach around 3:00 PM. She was laying on the sand with shorts over her face to keep the sun out of her eyes. The next thing she felt were tires roll across her body. Lifeguards rescued her and she was immediately transported to Broward General Medical Center. She was treated for her injuries and released. After this incident she filed a lawsuit against the city of Fort Lauderdale alleging negligence.

The city has responded by reevaluating its policies concerning vehicles on beach. The mayor, Jack Seilier, said, “I can safely say we’ll evaluate that policy… We want to make sure that people have the best possible experience on our beaches. And if there’s some issue with the safe use of vehicles on the beach, then we need to address it.” The driver of the pickup truck has been placed on administrative leave until an investigation is conducted into the accident.

Opinions regarding large trucks on the beach are split. Some believe that such large vehicles prevent drivers from seeing people who are laid out on the beach. Others believe that they are necessary to carry the lifeguard’s equipment from one end of the beach to the other in a timely manner. In some emergency situations, lifeguards and safety personnel need boards, defibrillators, and other emergency equipment necessary to save someone’s life.

Emergency officials in Fort Lauderdale are saying that having a sunbather run over by a beach vehicle is unheard of, but there have been other similar incidents in Florida, in both Miami and Volusia County. Mizelle’s attorney, John M. Phillips, finds it extremely troubling that this has happened to more than one sunbather on Florida’s beaches.

North Carolina Toddler Suffers Severe Injury in Fall from Balcony

April 3, 2012 | AS Personal Injury Lawyers

A very small child is recovering from injuries suffered after the toddler fell from a second story balcony, according a report by WCNC.com. The accident happened on Saturday, April 14 2012, at the Colonial Grand at Beverly Crest Apartments. It is unclear from reports how the toddler managed to fall off of the balcony. The first responders on the scene informed WCNC that the child’s injury could potentially be life threatening.

Immediately one begins to think that the parents may somehow be responsible for the child’s injuries. However, WCNC learned from investigators that the parents of the toddler would not be charged with any wrongdoing. Police, investigators, and medical professionals are keeping a tight lid of the toddler’s condition, leaving the public to only speculate about how bad the child’s injuries are and whether or not the child will survive.

This unfortunate accident highlights several important issues for both the owners of apartment buildings and the tenants who reside in those apartment buildings. It is always important for tenants to do a thorough inspection of the premises when moving into an apartment complex. Any areas of concern should be immediately reported to the manager of the building. Once the problem areas have been brought to the attention of the proper authorities, then the tenant is less likely to be contributorily liable for any injuries that happen as a result of the problem area. In the case of the toddler, if the parents reported a problem with a broken or loose portion of the balcony to the building superintendent, it could explain why no charges have been filed.

If the balcony was faulty to the negligence of the building superintendent or the owner of the building, then both could be potentially liable for the toddler’s injuries. Owners of apartment buildings have a duty to keep the premises safe for the tenants. If the owner failed to keep the premises safe, it is a breach of his duty and he could be sued for negligence. If the owner hired a management company to ensure that the building was keep in decent working order for the tenants, both the management company and the owner of the building could be liable if there is negligence involved. Until the investigation is complete, however, no one will know who, if anyone, is responsible for the toddler’s injuries.

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.

Deadly Accident at Charlotte Motor Speedway, May Involve Wrongful Death Lawyer in North Carolina

March 27, 2012 | AS Personal Injury Lawyers

The Charlotte Observer recently reported on the tragic accident at Charlotte Motor Speedway that resulted in the deaths of two people. The accident happened on Saturday, March 31, 2012 at the end of Vietnam Veterans’ Homecoming Celebration. At the end of the event, thousands of motorcyclists were supposed to slowly process out of Charlotte Motor Speedway. Some of the riders, however, did not leave and that is when things turned tragic.

About thirty minutes after the celebration ended, several of the riders continued doing laps around the track. Some of them were going in opposite directions. Then, in an instant, two motorcycles crashed into one another. Two veterans were rushed to the hospital. Sometime later, Alan Mockus and Thomas Hollingsworth died from their injuries. Mockus’s wife, Debra, who was his passenger at the time of the accident, is in critical condition at Carolinas Medical Center.

The Concord Police had officers at the track at the time of the incident but they have not provided much information. Officials at the motor speedway are also being fairly tight-lipped, aside from the vice-president of communications, Scott Cooper, releasing a statement that the speedway is participating in the investigation and “cooperating fully” with the Concord Police Department. In that statement, Cooper also indicated that there were safety measures and procedures in place, seemingly denying any potential liability for the accident.

One of the coordinators for the event explained that the riders were informed of the rules of celebration. They were supposed to only go 35 miles per hour and they were not to go onto the actual track, but they were to stay on the apron, just below the track. The coordinator said that the victims did not follow the rules and that is why they were injured and eventually died. “It is extremely unfortunate that these individuals could not abide by guidelines set for their own safety.” The motorcyclists took a lot of unnecessary risks and suffered the consequences of failing to abide by the safety guidelines.