“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.

What’s the Difference Between Worker’s Compensation and a Personal Injury Lawsuit?

Based upon previous articles that have been posted recently, you may be left wondering what the difference is between a worker’s compensation claim and a personal injury claim. While there are many differences between the two, it may blur together when you try to sort through each online in an attempt to do your own research. For this reason, we have done our best to sort through the trouble for you so you can know which claim you will be submitting.

If you have been hurt on the job, you will almost always be submitting a worker’s compensation claim. This ensures that you will have any treatment and rehabilitation monetarily covered for you through your employer. This is a claim that is not dependent upon fault and is only valid if you were hurt either at your place of work or while in the course of performing duties that were asked of you for your job. This ensures that you cannot sue your employer or co-workers unless under very strict exceptions. You will receive weekly compensation and possibly permanent impairment or disability benefits. Worker’s compensation, although different from state to state, can seem limited although it does cover all the necessary bases.

A personal injury lawsuit, on the other hand, is a bit trickier. While it can provide much larger payouts than worker’s compensation claims, this is only true if they are won. You see, personal injury lawsuits are guilt-based. This is the exact opposite of worker’s compensation and so they are more difficult to receive a positive result from. There must be proof of gross negligence from a third party in order for a ruling to be passed in your favor. However, because personal injury lawsuits are not bound by the same laws as worker’s compensation, it is fully possible to receive more money, such as for things like pain and suffering.

In many states, North Carolina included, if a personal injury lawsuit against a third party is won, the money paid out for your worker’s compensation claim must be reimbursed if enough was collected. Both courses require an attorney, as the laws are notoriously difficult to navigate. If you have a worker’s comp claim, call Collier for a free consultation today!

Permanent Total Disability Due To Workers Compensation – Charlotte Workers Compensation Attorney

Every state in our country has different laws in regards to workers compensation and what is considered an injury or disability. For example, in North Carolina permanent total disability is rarely given out as the criteria is rather strict. This is because it entitles an injured worker to a lifetime of benefits which is expensive for both insurance companies and the state. In North Carolina, a worker needs to prove that their injury is a result of a work related injury and have at least one of the following conditions:

  1. A loss of both hands, arms, legs, feet, eyes, or any combination of two listed parts.
  2. A spinal injury which results in paralysis of both legs, both arms, or the trunk.
  3. Severe closed head or brain injuries.
  4. Second or Third degree burns on at least thirty three percent of your body.


    This may seem strict, but many states have similar laws. Ones that don’t are becoming increasingly strict. A large issue with these laws lay in deciding what a direct result of a work injury was. Even if one of these criteria are met, it needs to be shown that nothing was pre-existing. The pre-existing conditions that you may or may not have definitely make a difference when you are attempting to claim permanent total disability.
    In Idaho recently, there was a case seen which showed that pre-existing conditions may cause people to have their permanent total disability denied. A worker had tripped over another co-worker’s dog (which was allowed on premises) and fractured a cerebral vertebrae and required surgery. Eventually her doctor suggested sedentary work, which the office said there was no available position. While she applied for permanent total disability, she had suffered multiple injuries prior to this, including a shoulder injury and two other spinal fractures, one of which required surgery. She was also diagnosed with a degenerative spinal disorder. With these conditions taken into account which were not work related, she was denied the permanent total disability through workers compensation.
    If you have been hurt at work but have prior injuries, call Collier Law Firm for your free consultation. You deserve to have someone in your corner who will fight for you, and for that you can count on Collier!