May 2013

April Showers Bring … North Carolina Construction Accidents?

May 23, 2013, by Michael A. DeMayo

April showers don’t just nourish the sweet smelling flowers of May — they also can precipitate serious North Carolina construction injuries.

That sounds perhaps somewhat cynical, but it’s true. When inclement weather strikes, accident rates at workplaces often go up. Why? When it rains or snows or blows, the wooly weather creates extra hazards at construction sites. Even though professionals are trained to deal with wet and furious weather, when you aggregate these hazards, bad weather impacts accident rates.

Does this mean that you shouldn’t go to work when it rains?

No. Wild weather also causes more auto accidents. But that doesn’t mean that you should only drive when it’s sunny out. In fact, ironically, if you only worked (or drove, or did anything) during good weather, your ability to deal with bad weather would likely degrade.

For instance, let’s say you only decide to work on sunny days because you want to minimize your accident risks. But then you get caught out on a surprisingly wet day. Your ability to work safely during would be diminished because of your dearth of experience in those conditions.

The key to managing life’s dangers — and the dangers on construction sites — is to manage them systematically. You need to get educated and to understand your risks and options to protect yourself. You also need to develop habits and behaviors that are safety-focused.

Even more fundamentally, you want to make sure that you are working with a group of men (and/or women) who take safety seriously. Your construction company’s work culture, perhaps more than any other factor, will help you manage risk — or leave you exposed to excess risk.

What if you already got hurt in a scaffolding accident, ladder fall, burn, etc? The team here at the Law Offices of Michael A. DeMayo has an extensive, highly successful record of helping workers’ compensation beneficiaries quality for benefits after construction accidents.

Please give us a call now at (877) 529-1222 for a thorough and free evaluation of your matter.

You do not need to fight your own case or work through intricacies of your legal situation on your own. In fact, right now, you should be concentrating 100% on your medical recovery, on taking care of your family, and on managing your own chores and errands and psychology.

Leave the legal work — the accident reconstruction, identifying liable parties, etc. — up to a solid, professional legal team. Call DeMayo law now at (877) 529-1222 to find out more.

Your Complex North Carolina Construction Accident: who should be held responsible?

May 20, 2013, by Michael A. DeMayo

Whether you fell off a ladder or sliced open your leg or suffered a burn at a North Carolina construction site, your gruesome injury may take months to heal, and you are still haunted by vivid recollections about the fateful afternoon when it all happened.

Unfortunately, your case seems complicated. Maybe you were working for a subcontractor on a bigger site, and some other subcontractor’s signage error precipitated an engineering miscalculation, which resulted in your falling off scaffolding.

Or maybe some wild concatenation of factors — a mislabeled bucket, surface slicked by rain, an inaccurate step by you –conspired to cause your injury. Perhaps multiple people got hurt in different ways. Given all the money at stake, many different parties that could be liable (e.g. subcontractor, the general contractor, the landlord, the municipality, any of these parties’ insurance companies, investors, on and on and on).

Untangling complex construction accidents is both an art and science.

Even in relatively simple cases (or seemingly simple cases) there is often more to accidents than meets the eye. For instance, maybe you stepped into a bucket that shouldn’t have been in your way, and as a result, slipped and plummeted 20 feet to the ground where you broke your legs.

Why was that bucket there? Short answer: a naïve subcontractor’s helper left it on your scaffolding by mistake. Your intuition might be to sue the subcontractor for hiring an inept worker. But perhaps different and/or larger elements played into the injury. For instance, perhaps the general contractor erred in hiring a subcontractor with a shoddy record for
screening his people. As a result, maybe the general contractor should be sued for liability as well.

You also need to anticipate how the various defendants might respond. For instance, maybe you were working on only four hours of sleep and made an error that contributed to the disaster.

In some cases, companies can protect themselves by filing for bankruptcy or engaging in legal defer and delay tactics. This is further complicated by the fact that personal injury law in North Carolina is constantly changing.

Is there a solution to the madness?

As complicated as these matters can seem — and your matter maybe astonishing complex, even if you think it’s already pretty scrambled — you can relax for two reasons:

You do not have to think through these contingencies and solve these problems yourself.

If you find the right North Carolina construction accident law firm, you can effectively detach from thinking about your case and focus instead just on healing, helping your family, and dealing with your financial and emotional stresses effectively.

DeMayo Law is an experienced North Carolina construction accident law firm. Please reach out to us at (877) 529-1222 for a free evaluation of your matter.

Keeping Strong and Motivated While on Charlotte Workers’ Compensation

May 18, 2013, by Michael A. DeMayo

How can you stay focused and ready while out on North Carolina workers’ compensation?

More specifically, how can you avoid “getting soft” and growing dependent on this
income? How can you maintain a sense of autonomy and feeling of usefulness? How
can you keep your job skills sharp? What common “traps” do Charlotte workers’
compensation beneficiaries fall into during their idle time?

If you even begun to have questions along those lines, first of all, congratulations.

Many beneficiaries (or would be beneficiaries) never take the time to consider the
potential downside to winning a workers’ compensation case. That’s dangerous because there are always downsides to achieving any objective. If you fail to surface those potential problems, you could subconsciously hold yourself back.

In other words, it’s good that you are already thinking along these lines. However, you now have a practical challenge. How DO you stay on course, once you have “won” fair benefits?

Here are some ideas:

Figure out what jobs skills you want to protect and keep in good shape, and then work with your spouse or friends–or outside counselors–to keep those skills in shipshape.

For instance, maybe you are an accountant, and you broke your leg falling down the stairs outside a Raleigh Bank. Your body may hurt, but your mind is still pretty sharp. So you might want to spend some time everyday playing word and number games to keep your brain functioning at a high level. If you are too hurt/fatigued to practice physical skills, you can try to do them in your head.

For instance, maybe you are a construction worker who needs to stay in bed for the next three months because of a back injury. Very well. You can still imagine doing your work. That may sound silly. But if you spend 15 minutes a day or so visualizing successfully implementing tasks at work or moving your body, your mental circuitry will remain intact, and you will find it easier to return to the job force.

With respect to the motivation issue … you absolutely must strive to meet your needs for autonomy and productivity.

Even if you are confined to your bed or so sick that you only really have two or three hours of “productive time” a day, you need to find some way to make use of that time in a way that you will find gratifying and, ideally, financially remunerative. (Be sure your pursuit does not violate terms of your North Carolina workers’ compensation benefits!)

Again, planning, visualizing, and goal setting can help. But recognize that the motivation needs to be intrinsic–in other words, don’t do an activity in hopes that you will be rewarded at the end. Instead, do something that you find rewarding “in the doing.”

For help with your workers’ compensation case, look to the DeMayo Law team today for a free consultation.

Winning Your North Carolina Workers’ Compensation Case: A Top Priority?

May 17, 2013, by Michael A. DeMayo

Life is full of imbalances and unexpected (and often unpleasant) surprises. As someone who was recently hurt in a North Carolina work accident, you understand, firsthand, how quirky life can be.

No one goes into work expecting to suffer a massive injury that sends him to the hospital and creates permanent life changes. But that’s what happened to you. Some days are more fraught and fateful than other days. Life is full of imbalances.

When it comes to your recovery — medical recovery, financial recovery, and spiritual recovery — imbalances also exist. To the extent that you can identify useful imbalances and leverage them is to the extent that you can speed up, cheapen and soften the whole recovery process.

What does that all mean?

It means that certain activities or projects that you do now can give you tremendous leverage — leverage that the vast majority of other activities or projects will not afford you.

For instance — and this is a bad example to illustrate the point — but let’s say that you wrenched your knee. Your knee got thrown out of its socket. As a result of all that pain, you are feeling lethargic and nauseous. You are unable to walk. You are unable to work.
You can do a lot of “medical stuff” to treat your various symptoms. You can take Advil to relieve some of the pain. You can take a nap to sleep off fatigue. Etc. But your biggest point of medical leverage is obviously to treat the knee effectively — to get it back in the socket.
The big point of leverage is the “knee surgery/repair stuff” — all the other medical treatments will only glancingly deal with the problem.

Likewise, when it comes to your personal financial situation, only a small handful of projects will yield the best results for you. Your challenge is to identify what those projects are and to focus your limited attention/stamina/resources on those problems.

In all likelihood, one of those projects involves your quest for North Carolina workers’ compensation. If you can get workers’ comp benefits quickly, you can staunch your cash flow problems and buy yourself some time/sanity to recover and figure out your next steps.

So what’s a great “point of leverage” to deal with your workers’ comp problems?
Instead of trying to manage the situation by yourself — assuming that you’re not an expert in NC workers’ comp law or in how to make recalcitrant employers and insurance companies work for you — consider getting in touch with the team here at the law offices of Michael A. DeMayo for a free consultation.

Call us at (877) 529-1222, or find out more about our services and success rates online. Do the small, important things that are necessary to heal your body and heal your finances, and you’ll likely enjoy better odds of long-term success.

How to Fix the North Carolina Workers’ Compensation System — Surfacing Hidden Dangers at Our Workplaces, Part 2

May 5, 2013, by Michael A. DeMayo

One of the cheapest and most humane ways to lighten the burden on the North Carolina workers’ compensation system is to suss out hidden dangers at our workplaces. In a recent blog post, we discussed two surprising but potentially very effective ways to create safer workplaces.

1. Reduce the availability of sugary, refined junk food snacks and replace them with healthier alternatives.

2. Create better information sharing platforms so that safety conscious workers and employers can better disseminate their useful insights.

Today, we’re going to look at one more insight from the world of business process improvement.

 If you’re not a business owner, you may not be that familiar with the concept of Systems.

Basically, a system transforms input into output and thus provides value to clients. Top management thinkers often use business process improvement thinking to identify gaps in service or quality. Then they make incremental improvement (via process improvement) and/or major change-ups (via reengineering) to get better results and continually improve.

 Most business thinkers — at least the successful entrepreneurs — engage in systematic thinking, planning, refinement, improvement, etc.

 But although the North Carolina workers’ compensation system is, in fact, a System, very few thought leaders apply this business process improvement “kaizen-type” thinking to the dilemmas we all face.

That all sounds a bit abstract. So let’s break it down a bit.

 The workers’ compensation system has thousands of stakeholders, including insurance companies, employers, state bureaucrats, attorneys, taxpayers, and of course workers.

 The many moving parts of this system are dynamic. But the purpose of the system is well defined — to provide a financial help for hurt and injured workers and to resolve disputes that arise during the compensation process.

 When problems arise in this system, the conventional approach is to blame stakeholders:

     “The insurance company didn’t play fair”

     “The sick/injured worker wasn’t really that sick and/or trumped up his damages”

     “The employer was bad because he didn’t have insurances”

     “The bureaucrats took way too long with the case.”

         “The legislators are in the pockets of the corporations.”Etc.

We’re obviously not saying that these judgments aren’t important. If you’ve personally suffered because of an insurance company’s cruelty or employer’s narcissism, you know how damaging this kind of passing-of-the-buck can be.

 But in addition to calling out lame stakeholders, we also could benefit from finding/repairing problems with the system itself — instead of just blaming people or companies or whole classes of stakeholders.

 Of course, if you’ve personally been hurt, the last thing you care about is fixing this system as a whole. You want specific, actionable advice about your case. Call the DeMayo Law team today for a free consultation to help you maximize your results — 1.877.529.1222.

Solving the North Carolina Workers’ Compensation Crisis by Eliminating Hidden Dangers at Work (Part One)

May 4, 2013, by Michael A. DeMayo

Ever since the Charlotte News & Observer blew the lid off the North Carolina workers’
compensation insurance scandal last spring, our blog and many other thought leaders in the North Carolina community have wrestled with how to refine our system to improve worker care and reduce burdens on insurance companies andemployers at the same time.

It’s a tricky puzzle.

Obviously, no single entity can solve everything. But we might benefit, collectively, from surfacing and eliminating certain hidden dangers that lurk at many North Carolina workplaces.

For instance, anyone who studies North Carolina workers’ compensation issues readily acknowledges that chronic diseases, such as type II diabetes, obesity, cancer, and dementia, exact a horrific toll not only on the lives of the people in our state but also on our infrastructure.

The origins and treatments for so called metabolic syndrome (the cluster of diseases associated with obesity and diabetes) is surprisingly ambiguous. But many health authorities are beginning to rethink certain common dietary paradigms. For instance, according to the official USDA statistics, we are consuming less fat today (during this obesity epidemic) than we did during the 1960s (when there was no diabetes/obesity epidemic).

Conversely, we consume a LOT more sugar and refined carbohydrate.

In light of these and other observations, many health authorities have been recommending
that people worry less about fat consumption and more about sugar/refined carb consumption. If these authorities are right, one way we could make our workplaces healthier is by eliminating or reducing worker access to sugary sweet junk food.

Obviously, workers need to eat. But perhaps instead of vending machines stuffed with processed junk food and sodas, we should have more healthy snacks available, such as fresh fruits and vegetables, hard boiled eggs, and the like.

We can also benefit from better information sharing. Odds are that numerous workers and
employers have developed ad-hoc systems to reduce dangers at their workplaces. These systems just happen to work really well. Maybe a Raleigh construction team has developed particularly nifty way of preventing scaffolding accidents. If that solution could be shared broadly, it could help the entire scaffolding industry eliminate or at least reduce certain types of accidents.

Thanks to the Internet and mobile technologies, we now have a lot of ways to share
information better. If we can somehow collectively collaborate to exchange workplace safety lessons — in real time and across industries — we can almost certainly drive down rates of injury and thus, indirectly, relieve some burden on the North Carolina workers’ compensation system.

We’re going to talk more about this issue in a follow-up blog post. But if you or someone you know needs help with your Charlotte workman’s’ comp case, get in touch with the DeMayo Law team now at 1.877.529.1222 for a free case consultation.

Procrastinating on Applying for Workers’ Compensation Benefits in Raleigh? Lessons From Neil Fiore’s “The Now Habit”

May 3, 2013, by Michael A. DeMayo

Procrastination is an enormous problem in our society–it’s not just a bugbear that afflicts potential workman’s comp beneficiaries in North Carolina.

If you have delayed or deferred taking action towards solving your case–holding a mean employer’s feet to the fire, metaphorically, or fighting back against an insultingly low insurance offer–you may need to “dig deep” to understand the root of your dithering.

According to Neil Fiore, author of a critically acclaimed book on procrastination, “The Now Habit,” we procrastinate in some ways to protect ourselves. Per Fiore, in modern American society, most of us are raised to fear failure and to be as perfect as possible. If you get three A’s in school and one B, for instance, you parents might focus a lot of
attention on that one B–“get it up, kid!”–While simultaneously failing acknowledge the good work in the other classes.

Thus, many people–perhaps a majority of people in North Carolina workplaces–grow up with a very conservative, almost perfectionist mentality that cultivates procrastination and workaholism. Breaking through this kind of barrier is a trickier proposition than just “finding willpower”. According to Fiore, you need to apply substantial counterintuitive wisdom to bust through procrastination, long term. For instance:

  • Use your chronic worrying for you, not against you. Make worrying “work” for you by finishing the worrying process.
  • Instead of just feeling amorphous anxiety, write down your worst fears about the project (e.g. your potential NC workers’ compensation case), and then figure out what you can do to avoid or deal with that worst case scenario.
  • Get yourself into a more action oriented mentality. You might be waiting for the perfect place to start–to find the perfect North Carolina workers’ compensation law firm, for instance, or to read the perfect free article online that tells you exactly how to apply and minimize all hassles. Move past that mentality and just get started.
  • Get in the “ready, fire, aim” habit–be willing to dive in and course correct as you go forward. Adopt this mentality not just for your workers’ comp case but also for any projects which are sticking for you.
  • Lastly, learn how to talk to yourself better. Most people’s “self-talk” is incredibly destructive. We are constantly blaming ourselves, blaming other people, putting ourselves down, putting other people down, etc. In fact, this phenomenon of “negative self-talk” is practically universal in western society. A recent study suggested that turning off that self-talk in any situation can lead to more happiness. Even if you are stuck in traffic, you will enjoy the time more if you pay attention to “being in traffic” rather than drifting off into internal chatter.

Consider checking out Fiore’s book and going through his exercises–they will be well worth your time. And if you haven’t yet retained a good law firm, consider calling the DeMayo Law team right now for a free evaluation of your case.

Keeping Strong and Motivated While on Charlotte Workers’ Compensation

May 2, 2013, by Michael A. DeMayo

How can you stay focused and ready while out on North Carolina workers’ compensation?

More specifically, how can you avoid “getting soft” and growing dependent on this income? How can you maintain a sense of autonomy and feeling of usefulness? How can you keep your job skills sharp? What common “traps” do Charlotte workers’ compensation beneficiaries fall into during their idle time?

If you even begun to have questions along those lines, first of all, congratulations.

Many beneficiaries (or would be beneficiaries) never take the time to consider the potential downside to winning a workers’ compensation case. That’s dangerous because there are always downsides to achieving any objective. If you fail to surface those potential problems, you could subconsciously hold yourself back.

In other words, it’s good that you are already thinking along these lines. However, you now have a practical challenge. How DO you stay on course, once you have “won” fair benefits?

Here are some ideas:

Figure out what jobs skills you want to protect and keep in good shape, and then work with your spouse or friends–or outside counselors–to keep those skills in shipshape.

For instance, maybe you are an accountant, and you broke your leg falling down the stairs outside a Raleigh Bank. Your body may hurt, but your mind is still pretty sharp. So you might want to spend some time everyday playing word and number games to keep your brain functioning at a high level. If you are too hurt/fatigued to practice physical skills, you can try to do them in your head. For instance, maybe you are a construction worker who needs to stay in bed for the next three months because of a back injury. Very well. You can still imagine doing your work. That may sound silly. But if you spend 15 minutes a day or so visualizing successfully implementing tasks at work or moving your body, your mental circuitry will remain intact, and you will find it easier to return to the job force.

With respect to he motivation issue … you absolutely must strive to meet your needs for autonomy and productivity.

Even if you are confined to your bed or so sick that you only really have two or three hours of “productive time” a day, you need to find some way to make use of that time in a way that you will find gratifying and, ideally, financially remunerative. (Be sure your pursuit does not violate terms of your North Carolina workers’ compensation benefits!)

 Again, planning, visualizing, and goal setting can help. But recognize that the motivation needs to be intrinsic–in other words, don’t do an activity in hopes that you will be rewarded at the end. Instead, do something that you find rewarding “in the doing.”

 For help with your workers’ compensation case, look to the DeMayo Law team today for a free consultation.

 
 

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