Horrorshow Workers’ Compensation Story: A Temp’s First Day on the Job Is His Last Day on Earth…

March 7, 2013, by Michael A. DeMayo

Workers’ compensation cases in North Carolina (and elsewhere) can be gruesome–horrifying, even.

Consider, for instance, the tragic fate that befell Lawrence DaQuan Davis, a 20-year-old temporary worker who got crushed to death at a Jacksonville bottling plant last August. The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) has gone after Davis’s temporary employer, the Bacardi Bottling Corporation, citing the company with a dozen safety violations. Dr. David Michaels, the Assistant Secretary of Labor for OSHA, reflected on the tragedy: “a worker’s first day at work should not be his last day on earth…employers are responsible for ensuring the safe conditions of their employees, including those who are temporary.”

Unfortunately, and perhaps unsurprisingly, temps get hurt at work at greater frequency than regular shift workers. The reasons for their increased vulnerability are diverse and dynamic. Here are a few:

•    Temporary workers are less familiar with operating procedures and facilities–they don’t understand how to navigate, use machines, adhere to training procedures, etc;
•    Temp employees don’t know the “regulars” as well–they lack an evolved, developed set of communication processes. Good companies will impose certain processes on temps, so that they quickly get up to speed — so that they can communicate well with regular employees. But great relationships based on trust take a long time to build. There is a reason why police officers, fire and EMT workers, Navy Seals, etc. train so closely together as a corps. Comradery prevents miscommunications and improves responses to emergencies;
•    Temporary workers also lack training needed to use certain instruments or machines — they’re at more risk for making rookie mistakes.

North Carolina workers’ compensation cases can become quite emotional and consequential, particularly if a worker has died or gotten seriously hurt.

According to a report at workerscompensation.com “Davis was cleaning glass from under the hoist of a palletizing machine, when an employee restarted the palletizer.”

If you got hurt as a temp in Charlotte or elsewhere in North Carolina, you may be entitled to substantial compensation for your damages. Call the DeMayo Law team today for a free consultation at 1.877.529.1222.

 
 

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