“Springing Forward” Causes an Increase in Workplace Injuries

After Daylight Savings kicks in and the days get longer, workplace injuries increase. According to the U.S. Department of Labor and Mine Safety and Health Administration, injury data from 1983 to 2006 suggests that more injuries occur on the Monday after DST kicks in, with workers suffering more severe injuries. Most of these workers are in safety-critical industries where the risk for serious injury is even worse.

To combat this trend, many businesses are now offering safety training to their employees, hoping to reduce the number of accidents. While this is a step in the right direction, it is not a solution that will fix the problem overnight.

How to Adjust to the Time Change

Employers and employees alike should be aware of the dangers of working after Daylight Savings and take steps to stay safe on the job. It can take the body up to a week to adjust sleep times and circadian rhythms to the time change. During this time, it is important to: 

  • Get as much rest as possible 
  • Avoid alcohol and caffeine
  • Employers should also be aware of the signs that an employee struggles to adjust. This includes changes in sleep patterns, mood swings, and decreased productivity. 

 

Contact a Workers’ Compensation Lawyer Today

If you are injured on the job after Daylight Savings, it is important to be familiar with North Carolina workers’ compensation law. Workers’ compensation provides benefits to employees who are injured or become ill due to their job.

Workers’ compensation benefits can help cover medical benefits, including medical bills related to the injury, wage replacement benefits, and other costs associated with your injury. In North Carolina, workers’ compensation covers most injuries that occur at work. This includes accidents, illnesses, and repetitive stress injuries.

If you or someone you love has suffered a job-related injury or illness, call an experienced workers’ compensation lawyer at Collier Law for assistance with your workers’ comp case.

You are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve. We are advocates for injured employees. Call for a free consultation to find out how we may assist you.

Uninsured Employers – Charlotte Workers’ Compensation Lawyer

I’ve Been Hurt, but My Employer Doesn’t Have Insurance. Now What?

Unfortunately, this is a question that we hear all too often. A person has been hurt on the job, has tried to file for workers compensation, and finds out that their employer does not have the necessary insurance. Often, the employer will attempt to get the worker to not file a claim and sometimes the tactics used can get pretty nasty. So what can you do if you have been hurt at work and find out your employer doesn’t have workers compensation insurance?

    The first thing you should do is still file a workers compensation claim with the North Carolina Industrial Commission. Regardless of whether or not your employer has been following the law, you were still injured. If you end up getting threatened, told not to, or especially fired, keep records of these events as they are illegal in the state of North Carolina. You still have every right to file a claim as long as your company should have workers compensation insurance and you are meant to be covered. The main thing to remember is that your employer has been breaking the law, you certainly shouldn’t be punished for that.
    The next thing you need to do is start keeping a record of everything that happens. Even if it is an event from a coworker, keep a written log of each thing that happens that you believe may be connected to your claim. Keep all of the emails and text messages that you can along with any voicemails and the like. Some employers will attempt to use coworkers to chase someone out of a job, so keeping a record will help to back up this claim if it happens to go to court. Be sure that you have witnesses when possible as well.
    You should also call an attorney to help you find your way through this. Being hurt on the job is stressful enough, but add this into the mix and it can make you want to pull your hair out. Call Collier today for a free consultation and see what your options are, despite your employer not having insurance. You will not be punished for your employer’s negligence, so you can rest assured that we will fight to get you all of the compensation you deserve.

Occupational Illness

One of the most serious yet lesser known problems that face workers today is occupational illnesses. This is a relatively new concept to hear about, but with the technology we have today, the information is far more accessible than it ever has been before. While there are well known occupational illnesses, such as mesothelioma, there are a large number of other illnesses and cancers that have been seen over the past few years that are gaining attention. The main thing that we can use to combat occupational illness after the fact is the fight for proper compensation. While we obviously wish the illness never occurred in the first place, you should have someone on your side who can help you get what you deserve once you are diagnosed.

Back in 2013, the National Council on Occupational Health and Safety published a report that gives an overview of some of the deaths that occurred at work sites in North Carolina from the previous year. Although this publication is nearly a decade old, it is still worth mentioning because it states that the official numbers are often considerably lower than the real numbers for multiple reasons, one of which is the lack of information available on occupational disease deaths. The report states that “no database collects their names”, referring to the ones that pass from occupational illness. They explain that the vast majority of people who die from this are never recognized, but they estimate that for every worker who dies from an acute injury on the job, around ten more pass from an occupational disease. While the number may not be completely accurate, every single person who dies due to their work situation deserves to be remembered, and a workplace death warrants compensation for the family of the deceased.

Here at Collier Law Firms, we believe every workers compensation claim should be honored, including those that involve an occupational illness. These go overlooked far too often, but we will fight to make sure it isn’t. We believe that your claim is just as valid as anyone’s. You should focus on getting yourself or your family member healthy, let us handle the technicalities, and work for you. Call us for your free consultation!

My Employer Doesn’t Have Workers Comp Insurance?

A common, although horrible, tactic that we hear from employers who don’t want their workers to file for workers compensation is to tell the injured person that they don’t have or need workers compensation. This would mean that the worker is not legally covered by the company and shouldn’t file a claim either way, as it won’t result in anything. Unfortunately, this does frequently work because people aren’t aware of the workers compensation laws in North Carolina. Our advice is always to file a claim anyway, regardless of what your employer says just in case they are giving you false information whether maliciously or simply out of ignorance.

The North Carolina Workers’ Compensation Act requires all businesses that employ three or more employees to have workers compensation insurance or qualify as self-insured employers. There are exceptions, such as some agricultural workers, workers of some railways, federal government employees, and domestic workers employed directly to a household. You may also not be covered if you are considered an independent contractor. However, you also might be incorrectly labeled as one, and the North Carolina Industrial Commission may rule in your favor despite your employment label from your company.

If your employer says that they do not have workers compensation but do not fall under one of those exemptions, they may very well be breaking the law. If this is the case, they should be reported to the North Carolina Industrial Commission and dealt with through the courts. An employer found to have no workers compensation insurance when they are legally required to can result in everything from fines to prison time. It is dangerous for employers to not have workers compensation insurance for their workers, and this kind of fraud is part of an active crack down. By reporting this type of activity, you are not only helping the state, but also protecting someone else in the future from being in the same position that you are now.

If your employer tells you that they don’t have or need workers compensation insurance, give us a call at Collier Law Firm. You will receive a free consultation, and we can help you figure out whether or not this is true and legal. You deserve to have someone in your corner, and we would be honored to be those people. Give us a call today, and see what we can do to get you the compensation that you deserve.

Electrical Work

If you have ever rubbed your feet on carpet and gotten a shock, you know about static electricity. Just that small amount of voltage can be enough to give you quite a jolt, and it isn’t very powerful at all. While there are stories of people surviving all kinds of shocks, such as being hit by lightning, you always want to take precautions with electricity. For every one story, there are at least three others that tell of someone who wasn’t anywhere near as lucky.

Electrocutions are considered one of the “Fatal Four” in working circles, which refers to the injuries and cause of deaths that occur most often in construction work. Considering the fact that about twenty percent of all workplace deaths occur in the construction industry, it should really put that number into perspective. The problem with electricity is that just about every place you can work has it, so every work place and building has the potential for a deadly occasion.

Every year, there are more injuries and fatalities caused by electrocution. You often hear about these unlucky folks and how they are leaving behind families and friends who relied on them. These deaths don’t occur because someone was inexperienced. In fact, many of the deaths are from people who have been in the construction industry for ages, but were simply in the wrong place at the wrong time. When someone is killed on the job, it feels like they were punished for simply making a living. It is important these workers understand safe precautions in the workplace.

OSHA lists the three most common causes of electrocution on the job as: contact with overhead power lines (the voltage can range anywhere from 120 volts to 750,000 volts), contact with energized sources (like bare wires), and improper use of flexible/extension cords. With the voltage range so wide, it is always best to act as if any wire is live until you have the express word that all power has been cut. Even then, you should still proceed with caution.

If you or a loved one has suffered from an electrical injury or worse while on the job, call Collier Law today for a free consultation. These situations are serious, and we will speak for you and your loved ones.

Do’s and Dont’s of Workplace Injuries

So you’ve sustained an injury while performing your regular duties at your workplace. Unfortunately, there is no step-by-step manual that tells you how to handle these types of situations. But, as something that can happen to anyone, it’s essential that everyone knows what to do when this happens. It’s often your responsibility to protect your rights as an employee and as a human being. Here are the important “dos” and “don’ts” when it comes to workplace injuries.

DO…

  • Seek medical care and diagnosis. Regardless of the apparent severity of the injury, it’s important to get yourself checked by a professional. There may some underlying damage that cannot be immediately seen or felt. Left unchecked, this could grow into something much more serious. It’s always better to be safe than sorry!
  • Record your account and take pictures.Observe and take note of the critical details: time, location, activity, and type of injury. You must know exactly what happened and keep your account clear and focused for future reference. Take pictures to help you remember, if needed.
  • Collect information from witnesses. If there were any witnesses to the accident, collect their information (if you don’t already have it). You may need them to verify your account or fill in some details.
  • Contact an attorney ASAP. Collier Law specializes in worker’s compensation and personal injury. Our attorneys are competent and experienced. Reach out to us for legal representation!
  • Report the accident. An attorney may recommend that you contact the Occupational Safety and Health Administration (OSHA). They are equipped to handle and record any incoming reports. Follow the procedures that they have in place and make sure to provide any necessary details.

DON’T…

  • Delay seeking medical attention. As mentioned previously, your health and safety are of the utmost importance. Do not hesitate to get a professional check-up as soon as possible following the accident.
  • Be taken advantage of. It’s perfectly understandable that you might not fully know or understand your rights as an employee. If there’s any confusion on your part, wait until you are in contact with an attorney. Do not blindly agree to anything without knowing the potential repercussions. An attorney will be better able to advise your position and guide you through the correct procedures.
  • Return to work (if physically unable) or miss work (if physically able). Under no circumstance should you be required to push your body beyond its capabilities. Injury can cause prolonged stress or trauma, affecting your mental and physical performance. The risk of re-injury is very real. On the other hand, don’t neglect your duties if you are fully recovered and physically capable. Either way, communicate your needs and don’t give your workplace any reason to suspect that you are flaking on them.

As the injured party, you need to protect yourself and your rights. Keep the details of the accident clear in your mind and contact an attorney as soon as possible. Collier Law would gladly provide a skilled attorney to represent your case. Contact us today!

7 Perils of Injured Workers

Something that is extremely common in workers compensation claims, and many other types of litigation, is a settlement. This means that the issue is resolved internally and/or privately between the two involved parties without bringing it to court. In the workers compensation field, this is most frequently referred to as a “clincher”. Often, we only hear from clients when they are being offered one and don’t know if they should take it or not. Ideally, you would contact an attorney before this occurs, but we understand why so many people don’t. The problem is that often, people want an immediate answer. Unfortunately, without knowing your specific case we cannot give you one.

Clinchers are difficult to litigate simply because each one is so different. A case is as unique as the person involved; no two are ever going to be exactly alike. This means that every injury is different and therefore every compensation needs to be as well. Generally, we find that if a settlement is offered to you, it isn’t going to be the best option, but again, each case is different. Sometimes you get lucky with a fair offer. However, we see people far too often realize much too late that they shouldn’t have taken a clincher, and now are on the hook for extra medical bills that they didn’t anticipate.

Even if you want to settle a claim and get the whole ordeal over with, you need to be able to negotiate terms. The laws of workers compensation are often difficult to learn and can get extremely complicated once you get into the deeper workings of them. We do this every day of our lives and we know that you already have more than enough to focus on. It is important to remember that you still need to work towards getting better. You don’t need the added stress of trying to figure out exactly how to make the legal system work for you.

If you have been hurt at work and offered a settlement, call Collier Law today. We will work to get you the compensation that you deserve. You can rest assured that you are in good hands, so call for your free consultation, and let us focus on getting you the money you need while you focus on your recovery. You owe it to yourself.

How Company Classification Affects Your Rates

Insurance rates can often seem confusing and unpredictable. They’re based on several factors, both related and unrelated. Workers’ compensation centers around one’s status as an employee: what you do, how much you make, and your history with the company are all considered. This article will help de-mystify the topic and explain how your insurance rates are calculated.

First, workers’ compensation for every employee is based on a classification code. Rather than a personal identifier (such as your ID or social security), this number represents just one of many specific pre-determined categories. For example, utility system construction is class code 2371, and automobile dealers are 4411. Employees will fall into different categories depending on their position. If a position comes with inherent risk (think construction worker or cell-tower technician), the rates may change drastically.

Now that you have a better idea of worker identification via classification codes, you can use that to better determine your insurance rates. Workers’ compensation is typically calculated based on three key factors. The first is your classification code, which we just discussed above. Insurance providers will look at the inherent risks that come with your position. With this logic, we can determine that an office worker will generally have lower insurance rates than the aforementioned construction worker. Someone who works at their desk doesn’t have to worry about head injuries or falling from great heights.

Similarly, your insurance provider will take a look at the payroll. How much do your employees get paid to do what they do? How does this compare to other employees at other companies in your line of work? Are you offering them any bonuses or overtime? Don’t forget, it’s typically the employer that pays for workers’ compensation. Be sure that your employees are properly insured, however negligible the risk of serious injury. This will help prevent lawsuits and any further damage to the company.

Finally, an employee’s history will play a significant role in their current rates. If the person is prone to injury or has filed multiple claims in the past, they pose a greater risk to the insurance provider. Naturally, their rates will be higher to compensate for the risk. This is pretty standard across all types of insurance coverage, including car, home, and life insurance.

These are the three main factors that affect workers’ compensation rates. If your rates have recently undergone drastic change, consider why this may have happened. You are now better-equipped to identify and monitor the factors associated with these kinds of changes.

What Is A Workers’ Compensation Lawyer?

Despite shows that depict life in crime labs and courtrooms, we get this question quite often. This is because Hollywood has a great habit to romanticize many professions, and ours is no exception. Don’t get us wrong, there are certainly times that we are able to see why our job is romanticized, but there is much more to being a lawyer than sitting in a room with our client and arguing in a courtroom until a jury is stunned into believing us. There is quite a bit of hard work that goes into what we do and the payoff, although not as glamorous as it can be in movies, is actually extremely worth every minute we spend on your case.

A lawyer, by definition, is a “licensed professional who advises and represents others in legal matters”. Despite many stereotypes, lawyers can be of any age, background, race, gender, etc. In fact, according to the American Bar Association, around one-third of all lawyers in practice today are under the age of thirty-five. Also, almost half of the law students that are working toward their degrees today are women. This means that soon, the ratio of men and women will likely balance out.

Becoming a lawyer certainly isn’t all fun and games. Again, although certain movies may make it seem easy, there is actually a lot of schooling and work that goes into becoming a lawyer. You must receive your bachelor’s degree in college (or an equivalent), complete at least three years at an accredited law school, pass a state bar examination, and a national ethics and responsibility examination. Often, you must also undergo a character review by a board to investigate your character as well before you can take your oath to uphold the law along with the federal and state constitutions. All of this must be accomplished before you can receive your license to practice.

Luckily for you, all of that has already been done by those at Collier Law. In fact, Trey Collier has had experience on both sides of the worker’s compensation table, having worked on the behalf of employers for the beginning of his legal career. Quickly, though, he realized where he really wanted to be. All of this schooling and work has been to fight for your rights and fair compensation. Give us a call and schedule your free consultation today.

Man Falls While Washing Windows – Sues Scaffolding Company

If you have ever been to a large city, one of the first things you will always notice is the height of those incredible skyscrapers. It has always been a great concern of mine to think about those who have to wash those windows, and on December 7, 2007, the reason for my concern became the reality of Alcides Moreno and his family.

With the New York City temperature settling around freezing that morning, it seemed like a normal winter day where Mr. Moreno and his brother Edgar would soon get to work. Unfortunately, disaster struck when the two men stepped out onto the platform and the cables “slipped from their attachment point”. This resulted in the platform the men were standing on falling from its anchored point and sending them down by the force of gravity. Edgar Moreno fell 472 feet down into an alley below and landed upon a wooden fence. I’m sure I don’t need to go into any details for you to understand that this was a horrific scene for the paramedics to find when they finally got to the brothers.

Alcides Moreno stated that his brother’s side of the platform slipped first, which is what sent him to the pavement below. By the time his side released as well, the platform was in freefall. It is estimated that Edgar reached speeds of around 120 miles per hour by the time he had reached the end of his, unfortunately fatal, fall. What was possibly even more incredible, however, was the fact that when first responders arrived, they found Alcides still breathing and conscious. He was crouching and still holding onto the controls to the scaffolding. He had already attempted to stand up but was unsuccessful. This is not surprising considering when he arrived at the hospital, he was put into a medically induced coma to allow the doctors to be dealing with his multiple injuries. These included brain injuries, a spinal column injury, and fractures to his ribs, right arm, and both legs. He also had injuries to his chest and abdomen. Yet somehow, Mr. Moreno had survived.

A fall from the top of a New York City skyscraper while preparing for a day of window washing with his brother, who perished, saw Mr. Moreno receive extensive injuries and having to receive twenty-four pints of blood while he recovered. Mr. Moreno had to be placed in a medically induced coma and even have a catheter inserted in his brain due to heavy swelling. Against all odds, however, he woke up on Christmas day after plummeting 472 feet down the side of a building with nothing but the window washing platform to break his fall.

One major obstacle for Mr. Moreno in regards to compensation was the fact that he and his brother were not wearing their safety harnesses or lifelines. These were found on the roof of the building that they were going to begin cleaning along with a bucket of soap and water next to the rest of the rigging for the platform. Eventually, lawyers and accident investigators concluded that because neither Alcides nor his brother Edgar had retrieved the rest of their window washing equipment, this was not a reason to believe that they were negligent and refusing to use them. It was also found that the scaffolding had not been properly maintained and that the new motorized cables had not been anchored properly, which contributed to the platform coming loose and seriously injuring Alcides and killing his brother.

These findings allowed Mr. Moreno to not only collect worker’s compensation but also to sue the scaffolding company. It is reported that Edgar’s family received $2.5 million in damages and Alcides received more. He and his now four children, along with his wife, moved to Arizona.

While this story is incredible, it also is not over. The families of both Alcides and Edgar, after going through such a traumatic experience, had to deal with a large amount of litigation and find a way to successfully navigate the New York worker’s compensation laws. This is something that shows a big difference in the rules and regulations from state to state when it comes to worker’s comp.

While unfortunately, Edgar Moreno was fatally harmed, his brother Alcides miraculously survived by holding onto the control panel and riding the platform down. After being released from the hospital and beginning rehabilitation, Alcides began the process of suing the scaffolding company who was found to be liable for both his injuries and the death of his brother.

Very often when someone is injured on the job, they are told that the only claim they can put forth is one of worker’s compensation. This is generally the rule. However, in some cases, you are able to sue a third party. This is the case if a product was defective or if the injury was brought about by a toxic substance. Generally, this is not something that is pursued however in a case such as Mr. Moreno’s it made sense. Worker’s compensation does not cover for things such as pain and suffering, which the Moreno family clearly experienced. Even today, Alcides states that he feels only around eighty percent of his old self and cannot work now.

In many states, suing a third-party company for damages like Mr. Moreno did bring about their own complications. In the event of a win for the case, most states will require the plaintiff to use the money they have won to reimburse the worker’s compensation payments made on their behalf. If the injured party has received more than was paid for them, they may keep the difference. This is understood to be compensated for pain and suffering along with any other disabilities that may continue due to the accident. New York and North Carolina both have this law.

Since Mr. Moreno’s accident, he has welcomed another child into the world and also now walks for charity. A couple of years ago, he finished a three-mile walk in less than an hour. It truly is remarkable that he was able to survive and those of us at Collier wish him all the best in his continued recovery.