North Carolina Workers' Compensation Lawyer Blog

In the struggle to collect North Carolina workers’ compensation benefits for injuries at work, occupational diseases, and repetitive stress injuries, employees often lose sight of their ultimate aim, which is to restore their health and get back to work as quickly as possible.

After all, workers’ comp aims to empower hurt employees to return to a life of productivity, happiness, and health. And while it’s certainly important (and often necessary) to understand how to fight battles against bad faith insurance companies and employers that unfairly refuse to discuss your North Carolina workers compensation claim – it’s equally crucial to explore methods to speed up and augment recovery from illnesses and injuries.

This post will address some “secret” ways to improve rehabilitation:

1. Watch Your Diet

The ingestion of processed vegetable oils, trans fats, refined carbohydrates, and refined sugars has all been associated with aging, obesity, Type-2 diabetes, and immune system problems. By avoiding these foods and instead eating healthy protein and fats and fresh fruits and vegetables, you may be able to improve your body’s capacity to heal itself.

2. Improve Your Muscular Strength

In the wake of a debilitating injury, you may not have much time, energy, or motivation to hit the gym or even do basic physical activity. But the cultivation of muscular strength is essential for rehabilitation for many injuries – particularly injuries like sprains and soft tissue damage. Of course, always consult your physician and work with a professional physical therapist to make sure you don’t hurt yourself as you build your strength back.

3. Stress reduction

When you go through periods of excessive stress, your body produces the hormone cortisol. A little cortisol is okay, but so called “hypercortisolemia” – the over-production of cortisol – can cause a wide range of problems, including damage to your immune system. So try to fight back against stress by getting enough sleep, engaging in recreational activities, doing meditation and relaxation exercises, and spending time around people you love.

4. Rest

If you are a workaholic by nature, you may find it very difficult to stunt your urge to “get back out there” as soon as possible. To ensure your fastest recovery, ironically, you need to make sure that you don’t take on too much too soon.

If you need help responding to an urgent North Carolina workers’ compensation matter, a quality and experienced law firm can help you explore your rights and make sure that you don’t make any significant mistakes that would hamper your claim or delay your benefits.

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The Case against Sugar (Robert Lustig lecture)

The Case for Muscular Strength

The last thing most employees want to do is have to go on North Carolina workers’ compensation. No one wants to be injured. Few enjoy the hassle of filing claims and dealing with less than cooperative insurance companies and employers. Some on the job accidents and illnesses are unavoidable. For instance, say your delivery van gets sideswiped by a semi-truck, and the resulting accident gives you serious whiplash. There is no way you could possibly anticipate that kind of accident. But other at-work accidents can be more easily avoided:

1. Typing Injuries

Warning Signs: You feel numbness and tingling in your fingers, your arms ache or throb at the end of the day, you notice that you are adopting “crutches” such as typing with your non-dominant hand or intentionally “slacking off” so that you don’t have to type as much.

Solution: Talk to your employer about a better ergonomic set-up. Improve your posture and muscular conditioning. Take frequent breaks. See a physical therapist to treat your “trigger points” with modalities like acupuncture, massage, and microstretching.

2. Slip and Falls Waiting to Happen

Warning Signs: “Near misses” in which you and or other employees “almost” get into serious injuries, jokes around the office that a piece of equipment is an “accident waiting to happen” or a “fire trap.”

Solution: As quickly as possible, bring the problem to the attention of your boss and/or manager. Document any or all attempts you make to get the problems fixed. If your immediate manager won’t help, consider going up the chain of command to complain.

3. Exposure to Chronic Toxins

Warning Signs: If you work with chemicals, and you come home with a headache or being unable to breathe; if you notice that you are getting a rash or other allergic reaction to chemicals, glass, plastics, or other materials used at your work; if you get dizzy or feel sick at work when you use a certain piece of equipment or a certain kind of chemical or material.

Solution: Report the problem to your manager as soon as possible. You might be able to solve this by wearing better safety equipment, such as a ventilator or mask. Alternatively, you may need to stop using whatever product or material is causing the allergic or toxic reaction.

If it’s too late – and you’ve already been injured or gotten an occupational disease – and you need assistance with a North Carolina workers’ compensation issue, it behooves you to consult with an experienced law firm that specializes in North Carolina workers’ compensation. The faster you get professional legal assistance, the easier it will likely be to start collecting benefits.

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All about trigger points

Common Workplace Toxins

Whether you work at a potentially dangerous job, such as a construction site, welding factory, or farm; or you face dangers due to occupational diseases and/or repetitive stress injuries at a white collar job, you don’t want to have to go on North Carolina workers’ compensation, if you can help it. Ideally, you want to work pain-free and accident-free. So here are a few tips to help you stay safe at work:

1. Take Breaks, Particularly When You Engage in Repetitive Work

Whether you are doing data entry, computer programming, sewing, or hair styling, or any other kind of repetitive work, ergonomic professionals will urge you to take regular breaks to avoid injuries to your hands, arms, shoulders, and back. Repetitive stress injuries typically result from long-term abuse of muscles, bad posture, and “Type A” enthusiastic work habits. This may sound silly, but one thing you can do is – every 30 minutes or so, or whatever your employer will allow – take two to three minutes to lie down on the ground and let your spine and back relax before you start doing your repetitive activity.

2. Cut Back on Sugar and Processed Foods

More and more studies have linked excess sugar and high fructose corn syrup consumption with diseases like obesity and type 2 diabetes. Although these aren’t occupational diseases, when you get obese and pre-diabetic, you stand at a much greater risk of injury. And some evidence also suggests that excess sugar consumption can decrease your stamina, make you tired, and damage muscle and organ health – which will put you at greater risk of on-the-job injury.

3. Increase Your Strength

Strength training helps with muscular flexibility, improves bone density, leads to innumerable other health benefits, according to abundant medical literature. Many employees neglect effective strength training. But as we age, we will see a natural deterioration of our muscular strength (particularly in places like our lower backs) unless we actively work to improve strength in those areas.

4. Don’t Wait Until a Problem Gets “Too Big”

If you feel like you are getting hurt or you could potentially get hurt at work, tell your employer at once. Don’t keep your concerns to yourself. Your employer can and should want to help you solve the problem. For instance, say you type at an ergonomically dysfunctional workstation. Tell your boss, so he or she can help you solve your ergonomic problems and thus help you prevent injury. Speak up!

Do you need help with a North Carolina workers’ compensation benefits case? Don’t let bad faith insurers, uncooperative bosses, or confusion beat you down – get help from a qualified and well-credentialed NC workers’ comp law firm today.

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Sugar and Obesity and Diabetes

Learn to Take Breaks at Work

On June 15th, regulators announced that South Carolina workers’ compensation rates would fall to 9.8% -- news that has sent ripples of interest and concern across the North Carolina workers’ compensation community. According to SC Insurance Director, Scott Richardson, 2009 marked the second year in a row in which regulators approved a decrease. He argued that “this trend [implies] an improved economic climate, and [we] hope to see this continue into next year.”

SC insurers will be able to use the new 9.8% rate in just 30 days. Richardson cited multiple reasons for the decline in rates, including enhanced employee safety programs, a reduction in the frequency of claims, and changes to the nature of claims themselves. In South Carolina, more than 40% of benefit costs can be directly attributed to payments for medical services. Most SC workers’ comp costs go to indemnity payments – that is, benefits to replace wages lost. As Richardson and others have noted, the extent to which the rate change will impact policy regarding medical costs in the state remains to be seen. Richardson noted that the state “will continue to monitor and assess the impact these reforms have on workers’ compensation rates…as it will take several years to realize the full impact.”

Meanwhile, north of the border, North Carolina workers’ compensation experts have been feverishly debating whether and how these rate changes might influence the playing field up here. So many unbalancing factors are at play – both at the state level (see our earlier blog entry about the ongoing devastation at the last year’s Slim Jim plant in the town of Garner, for instance) and at the national level (see our past blog entries on the local implications of the Gulf oil spill, for instance).

It’s important to recognize the limits of our collective power to influence the interactions of the dynamic elements that comprise the ecology of the North Carolina workers’ compensation system. Even among key players -- who include but are not limited to insurance adjusters, attorneys, judges, economists, employers, employees, and their families -- debate about how to set rates rages.

Getting away from generalities and down to brass tacks… if you or a loved one has a clear and present concern about North Carolina workers’ compensation benefits, insurance, or coverage, consider connecting today with a top caliber attorney to discuss your needs and responsibilities.

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South Carolina Workers' Compensation Rates to Drop 9.8%

South Carolina Regulators Approve 9.8% Cut in Workers' Comp Rates

On April 6, the Court of Appeals denied a North Carolina workers’ compensation claim made by a 78-year-old truck driver named Louis Watkins. The plaintiff had brought an action against his employer, Trogdon Masonry, and his employer’s insurance company, Stonewood Insurance.

Background on this intriguing case

On May 8, 2007, the Plaintiff drove a trailer to a mechanic shop to replace a flat tire. While waiting for authorization to repair the tire, Mr. Watkins fell on his left hip, leading to an injury known as an acetabular fracture. While being treated for the broken bone, the Plaintiff was tested and found to have blocked coronary arteries. Although he claimed (and an expert physician testified) that a heart attack did NOT cause the fall, his employer and his employer’s insurance company contested his North Carolina workers’ compensation claim by filing a Form 61 with the North Carolina Industrial Commission. The defendants argued that the Plaintiff’s heart condition DID cause his injury -- in other words, that the injury resulted from an idiopathic condition and not from his employment.

On August 25, 2008, a Deputy Commissioner found on behalf of the Plaintiff and awarded him compensation. But the Defendants appealed and, on March 23, 2009, managed to reverse the North Carolina workers’ compensation benefits. The Plaintiff then appealed to the Court of Appeals, which examined the claim pursuant to the North Carolina Workers’ Compensation Act. In particular, the Court of Appeals looked at the definition of “compensability,” which is a three-part definition:

1) A Plaintiff’s injury must be caused by an accident.
2) The Plaintiff must show that he or she sustained an injury “out of” employment.
3) The Claimant must show that the injury was sustained during the course of employment.

The Court of Appeals concluded that “competent evidence in the record supports the Commission’s finding of fact… we affirm the Commission’s denial of Plaintiff’s claim for workers’ compensation benefits.”

This case illustrates how difficult it can be to get benefits, even when you have been injured at work and you’ve been be able to convince the NCIC that you should get benefits. For help with your matter, connect with a reputable, trial-proven North Carolina workers’ compensation attorney ASAP.

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Watkins v Trogdon Masonry

North Carolina Court of Appeals

Most North Carolina workers’ compensation cases that this blog covers pertain to local events -- debates about insurance coverage, fraud schemes, and occupational disease and injuries that relate specifically to North Carolina industries, such as tobacco (covered in a recent post), or tech (e.g. incidents out of the Research Triangle). But for this week and next week, we’re going to do a two-part investigation into a breaking story out California that may have serious implications for North Carolina workers’ compensation policy.

As reported in the New York Times last week, the National Football League and its insurers have been embroiled in a dispute over whether ageing football players should be entitled to California workers’ compensation for dementia. Already, due to California’s peculiar laws, several hundred former NFL players have filed for comp in CA. An NFL player who played even one game in California can file a claim for cumulative damage… even for injuries sustained years or even decades ago.

Point is, California has become a battleground for the NFL workers’ comp debate.

The newest wrinkle involves a dispute over the cause of dementia in NFL players. The New York Times story discussed the case of Dr. Eleanor Perfetto, the wife of Ralph Wenzel, an NFL lineman who played in the 1960s and ‘70s and who’s been hospitalized with severe dementia. Dr. Perfetto and her supporters contend that Wenzel and other NFL players in his generation (and afterwards) sustained cumulative damage playing football and that this damage caused (or at the very least exacerbated) the dementia.

If Dr. Perfetto’s claim on Mr. Wenzel’s behalf leads to a ruling in her favor--experts guess it would be about a $1 million settlement--it would open the door to dozens of similar claims. The Times’ story suggests that, all told, this could lead to over $100 million in claims. This money would not come from state coffers; it would come from the NFL and its insurers. Given that the NFL rakes in more $8.5 billion a year, this might seem like “a drop in the bucket,” but $100 million is $100 million, and experts expect a significant battle over this.

Dr. Perfetto claims that her husband’s care costs over $100,000 a year and that evidence significantly supports the theory that playing in the NFL increases the likelihood of getting dementia. For instance, in a recently conducted NFL commissioned study (published last September), players between the ages of 30 and 49 reported memory related problems at more than 19 times the normal rate for their age group. In addition, West Virginia University and Boston University researchers have discovered “traumatic encephalopathy” in the brains of diseased former NFL players -- a telltale sign that cumulative football-related head trauma can in fact lead to dementia.

If you or a loved one has been suffering from an occupational disease or an injury sustained at work, it may behoove you to talk with a North Carolina workers’ compensation lawyer ASAP to develop a strategy for how to collect money owed to you. Take proactive action today to ensure that you collect the benefits that you and your family need to move forward and level your budget.

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In N.F.L. Fight, Women Lead the Way

Ex-NFL Players Pursue Workers' Comp

Last week, this blog examined an issue outside the typical North Carolina workers’ compensation arena. We looked at a case developing out in California about whether former NFL players suffering from dementia might be able to collect workers’ compensation through California’s peculiar workers’ comp laws. If the court ultimately rules in favor of the claimants, this could spark a wave of claims that could lead to total liability in excess of $100 million for the NFL and its insurers.

The NFL does have a program to reimburse players for medical costs and cumulative damage. Known as the 88 Plan--since it reimburses families up to $88,000 annually--this insurance provision theoretically could cover some costs associated with football-induced dementia. Nevertheless, costs for Alzheimer’s disease care are rising at a precipitous clip. According to the Alzheimer’s Association, in 2004, 4.5 million cases were reported in the US. The Association believes that that number will balloon to anywhere from 11.3 to 16 million cases by the year 2050. Around 10% of 65 year olds have some form of Alzheimer’s. Nearly half of all 85 year olds have Alzheimer’s.

This enormous medical problem will likely create primary, secondary, and even tertiary costs that will stress the healthcare system for decades. Some believe that Alzheimer’s is actually a form of diabetes, since it is biochemically related to insulin resistance and since it associates so closely with Type 2 diabetes and obesity.

While we likely won’t be seeing too many North Carolina workers’ compensation cases involving NFL players and dementia claims (as we reported, those will likely go through the California workers’ comp system), many home grown players may one day be forced to grapple with the long term consequences of cumulative damage sustained on the gridiron.

Popular North Carolina born football players include:

o J. J. Arrington of the Denver Broncos;
o Dwight Clark, a former wide receiver for the 49ers and Cowboys;
o Alge Crumpler of the Tennessee Titans (a pro bowler);
o Former Rose Bowl MVP quarterback Vince Evans;
o Former All American quarterback Roman Gabriel;
o Titans defensive end William Hayes;
o Carolina Panthers’ Brad Hoover;
o Former Redskins quarterback Sonny Jurgensen

North Carolina workers’ compensation matters can often be bewildering -- even simple claims pertaining to an occupational disease or typing injury can drain claimant resources and patience. For help moving your claim forward, think about retaining a North Carolina workers’ compensation attorney who has experience and a portfolio of results.

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Former NFL Players Battle Dementia


Case Will Test N.F.L. Teams’ Liability in Dementia

The biggest North Carolina workers' compensation stories of this year are nothing compared with the latest breaking news out of Minnesota. At a small pork processing plant in Austin Minnesota, several workers (some of them undocumented immigrants) contracted neurological problems as a result of inhaling aerosolized pig brains. That’s right: pig brains.

Their saga follows:

Background

At the Quality Pork processing plant, workers had the somewhat distasteful job of using pressurized air machines to blast out the brains of pig carcasses to help process the pork. Unbeknownst to both workers and to company officials, the aerosolized pork brains, when inhaled, stimulated a dangerous autoimmune respons. Some workers found relief by taking steroids. But others have had more serious symptoms -- including problems with central nervous system processing and the nerves in the legs and arms.

All told, twenty-one employees have filed claims related to neurological problems stemming from inhaling the pig brains. A complicating factor is the fact that several claimants were working in the United States illegally, although their undocumented status does preclude them from getting worker’s comp benefits under Minnesota law.

So how does this somewhat terrifying story relate back to North Carolina workers' compensation issues? Simply put, because intriguing and unusual cases like this one has shine a light on how vexing and slow the entire system can move for people who need it to move faster. The story illustrates nicely how unintended consequences of employment can potentially create toxic conditions for employees and tie up companies, their insurers, and the state worker’s comp program in legal maneuvers that last for years and gobble up time and resources.

All this is to say that, if you or a coworker has suffered an occupational disease or has gotten injured at work, if you don’t take proactive steps to make the system work for you, you might spend months if not years struggling with you compensation arrangement. To that end, it almost certainly behooves you to get in touch with an established, results proven North Carolina workers’ compensation attorney at once to strategize for best next steps.

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Quality Pork

inhaling pig brains

North Carolina workers’ compensation stories often revolve around injuries associated with office jobs, such repetitive stress problems or occupational damage people suffer while working lines at factories. But today we will focus on one set of workers that receives scant coverage in the press – tobacco workers.

The Farm Labor Organizing Committee (FLOC) recently marched through downtown Winston-Salem to demand justice and fair treatment for the state’s tobacco workers, many of whom immigrated from Mexico to work for far below the minimum wage. These workers toil under extremely strenuous conditions – according to one source, nine people died working the North Carolina fields from heatstroke over the past two years. Many others get sick from nicotine poisoning they get from harvesting crops. Still others get sick from exposure to pollutants and chemicals or endure repetitive stress injuries.

Unfortunately, remedies for these laborers seem few and far between. With double-digit unemployment afflicting North Carolina and many of the state’s industries and businesses still reeling from the fallout of the Great Recession, it seems unlikely that major political action will be taken to resolve the plights of beleaguered farm and tobacco workers.

Nevertheless, options may exist. If you or a co-worker has been hurt on the job – whether you got hurt on a farm, at a factory, or in an office – you may be entitled to collect workers’ compensation benefits to pay for your medical care, time off of work, and other costs. Explore your options today by connecting with a competent and well-respected North Carolina workers’ compensation attorney near you.

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Farm Labor Organizing Committee (FLOC)

NC tobacco workers

Most North Carolina workers’ compensation matters that this blog covers are local or national. But today we turn our attention to a fascinating case out of Australia involving a pilot for the airline Qantas. This story’s applicability to North Carolina workers’ compensation concerns may be somewhat indirect, but it’s a gripping one, so we had to include it!

Background

A pilot named Bryan Arthur Griffin flew for Qantas in the late ‘70s and early ‘80s. During that time, he developed a mental illness related to obsessive compulsion and anxiety. Mr. Griffin felt a tremendous urge to crash the airplanes he was flying. He heard a voice inside of him telling him to turn off the engines, to cry and scream, to intentionally ignore crew instructions, and so forth. On one flight to Singapore, he developed an urge to crash the plane that was so strong that he had to physically immobilize his arm to avoid killing a whole plane full of people.

Throughout his ordeal, Mr. Griffin was repeatedly looked at by doctors and evaluated by Qantas. Amazingly, the doctors and the airline allowed him to continue to fly for over three years. Not only did allowing Mr. Griffin to fly potentially endanger passengers and crew, but doing so also caused health problems for Mr. Griffin, who became more anxious, depressed, and compulsive as his stint as a pilot wore on.

Eventually, an Australian Commissioner in charge of adjudicating workers’ compensation matters won a judgment for Mr. Griffin for $160,000 for all of his pain, anxiety, and compulsive problems. Qantas also had to pay for his legal and medical fees.

Have you or a family member ever been forced to work at a job that’s caused you anxiety, depression, or compulsion? Your on-the-job injuries and occupational diseases may be covered by North Carolina workers’ compensation.

Take the first step to filing a claim today by connecting with a reputable North Carolina workers’ compensation attorney for a confidential and free consultation. Understand your rights – and your employer’s responsibilities – so you don’t endanger yourself or others at work.

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Qantas

Bryan Arthur Griffin

On March 2, 2010, the NC Court of Appeals ruled on a longstanding and contentious North Carolina workers’ compensation case of Hallman v. the NC Department of Corrections.

The North Carolina Industrial Commission established a number of findings of fact that neither plaintiff nor defendant challenged. The employee in question (Hallman) was a practicing dentist who developed a crushing depression in 1996 and had to stop working. Seven years later, in March 2003, the North Carolina Department of Corrections hired him to practice dentistry. Hallman accepted this position, because doing so did not threaten to undermine his Social Security disability benefits.

Things were looking up for the dentist and until May of that year, when Hallman hurt his back while playing sports with his son. Several months later, he had back surgery to fix his basketball injury. In September 2003, he went back to work. But he did not last long. Due to continued pain, his doctor told him to stop working. In December 2003, Hallman tried again to go back to work. By the following month, he had regained almost complete use of his back. But on January 26, 2004, he slipped on a patch of ice getting out of his car and hurt his back again. On top of that, Hallman has incipient Parkinson’s disease.

The trials and tribulations of this employee seeking North Carolina workers’ compensation benefits illustrates just how complex and multi-faceted the process can be. Consider all of the employee’s conditions – the depression, the Parkinson’s, the two back injuries, and the surgery – along with how and when they occurred within the context of his employment. Both the appellate court and the North Carolina Industrial Commission were somewhat stumped about how to handle his situation. Was Hallman totally or partially disabled? What benefits should he be entitled to, and until when should he be entitled to them?

What’s interesting is that this case is rather typical for North Carolina workers’ compensation cases. Usually, it’s not just that an employee gets injured once and quickly recovers and goes back to work. Typically, an employee suffers a string of minor (and major) physical insults that collaborate to cause a constellation of health problems that impede if not totally interrupt the employee’s ability to do his or her job.

All this is to say that if you or a loved one has been struggling with a North Carolina workers’ compensation case, it’s almost certainly in your best interest to connect with a knowledgeable state workers’ comp attorney to go over your options.

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Hallman v North Carolina Department of Corrections

North Carolina Industrial Commission

Military personnel injured by exposure to carcinogenic elements at Camp Lejeune in North Carolina may soon be able to cash in on North Carolina workers’ compensation claims, thanks to a new bill under consideration in the Senate called the “Examination of Exposures to Environmental Hazards during Military Service Act of 2010,” also known as TRICARE. Since January 28th, the Senate Veterans Affairs Committee has held hearings about how to compensate injured military personnel for damages related to exposure to environmental hazards, such as benzene-based solvents like trichloroethylene.

The Senate bill is designed to respond to complaints at 130 military bases around the nation. These are all listed on something called The Environmental Protection Agency Superfund’s National Priority List. Thousands of military personnel may be impacted by the legislation.

At Camp Lejeune in North Carolina, officers and other personnel came into regular contact with trichloroethylene (TCE) during the course of cleaning airplane parts. This harsh solvent seeped into the ground and local water supply, and many personnel thus indirectly drank it, got it on their skin and inhaled the aromatic compound.

Assuming the proposed Senate bill becomes law, the Department of Defense will have 90 days to create a list “Of individuals exposed to environmental hazards at Camp Lejeune, during the period… in which the water at Camp Lejeune was contaminated with volatile organic compounds, including known and probable human carcinogens.”

To collect North Carolina workers’ compensation benefits from the DOD, potential beneficiaries will likely have to jump through many logistical hoops. If you or a family member suffered exposure to chemicals at Camp Lejeune, it may behoove you to speak with a qualified and highly credentialed North Carolina workers’ compensation attorney to protect your interests and to ensure that you get fair payment for injuries, medical costs, wages lost, and other damages.

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Examination of Exposures to Environmental Hazards during Military Service Act of 2010

Camp Lejeune

Does the quality of the CAT Scan used on patients impact treatment outcome and cost? The answer may have significant relevance to North Carolina Workers’ Compensation cases. Consider this argument:

Many CAT Scan technologies in use in hospitals throughout North Carolina were developed in the 1990s and 1980s. When you compare these technologies to emerging CAT Scan equipment (such as the Siemens Somatom Definition Flash), real and potential significant differences emerge. A patient who gets a CAT Scan from an old piece of equipment may receive a fundamentally different diagnosis than a patient who gets analyzed using one of the newer machines!

For instance, on the newer machines, such as the Definition Flash, patients can be scanned in half a heartbeat and need not take beta blockers prior to the scan. These minor differences could be important; when you extrapolate the implications over the entire patient population of United States, we could be looking at potentially millions of dollars a year in patient/doctor savings.

Of course, whenever one does a cost benefit analysis of a new medical technology, we must remember the law of unintended consequence. Adding new machines to hospitals that provide more trustworthy analyses could lead physicians to trust their intuitions less and rely on machines more, for instance. This could lead to doctors ignoring smart intuitions - thus, putting some patients in dange. Furthermore, more accurate imaging technology could lead to more false positives and thus to more unnecessary treatments.

These kinds of concerns must be addressed whenever we debate improvements in North Carolina Workers’ Compensation policy. A policy solution may, at first blush, appear to have no downsides. But the execution of the solution can open a Pandoras Box of problems.

One famous, if peripheral, example of this kind of nasty surprise comes from ecology. In the middle of the 1900s, a Caribbean island was besieged a rat infestation. So the government literally parachuted cats onto the island to eat the rats. But the once the rats were eaten, this severely disrupted the island food chain and created an ecological catastrophe.

To mitigate against the dangers of unforeseen consequences associated with your North Carolina Workers’ Compensation claim, discuss your concerns with quality North Carolina Workers’ Compensation attorneys today.

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CAT Scan

Siemens Somatom Definition Flash

An intriguing new study published in the January issue of the magazine Spine has critical implications for North Carolina Workers’ Compensation patients. The study, out of Massachusetts’ General Hospital, looked at nearly 1,000 patients with lower back pain and leg pain stemming from herniated discs and sciatica. Some patients underwent surgery to treat back problems. Other patients received non-surgical interventions such as drugs, physical therapy, and exercise plans. The leader of the study, Dr. Steven Atlas, discovered that, while surgery initially yielded better results for patients; after two years, the differences between the surgery patients and non-surgery patients dwindled away - at least for Workers’ Comp patients.

In other words, injured patients who got surgery for sciatica faired equally as well as injured patients who did non-surgical treatment, two years down the road. The implications for treatment of North Carolina Workers’ Compensation patients seem pretty profound. They suggest that surgery may not be the best course for action for some sciatica patients.

Here is one potential explanation of these results: BOTH surgery and non-surgical interventions may not deal effectively enough with fundamental back health problems. Consider: nodules of fibrous tissue (called trigger points) will form at stressed sites in the muscle tissue. These trigger points have been implicated in causing all sorts of soft tissue injuries and repetitive stress problems, from Carpel Tunnel Syndrome to lower back pain. Neither of the two interventions studied effectively located and resolved the trigger points that might have been causing/exacerbating the sciatica. Thus, it makes sense that the treatments would yield similar (less than stellar) results two years out.

It would be interesting to see how the patients studied would have compared with a third cohort of patients who received trigger point therapy and other soft tissue treatments for their backs.

The big point here is that North Carolina Workers’ Compensation patients must keenly research their treatment options. What is in vogue today, medically, may be disproven tomorrow. Thus, it’s important to speak with your physician at length before making any decisions. Informed patients can work more effectively with their doctors and, theoretically, develop more proactive recovery plans.

For assistance with any North Carolina Workers’ Compensation legal questions, get in touch with a qualified and top caliber attorney today for a free, no obligation, and confidential consultation.

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Dr. Steven Atlas Back Study

Trigger Points and Back Issues

North Carolina workers’ compensation experts are cheering some new numbers released about accidental workplace deaths in the state. According to 2009 statistics compiled by the state’s Department of Labor, only 35 workers across North Carolina were killed on the job last year. Eight of these deaths resulted from explosions or fires; six resulted from projectile objects; five resulted from crushing injuries; and three deaths resulted from electrocution. June, 2009 saw the highest number of workplace fatalities in the state -- due to the Slim Jim plant explosion that occurred early in that month. According to the DOL, no one was killed in April, 2009.

More good news: the DOL numbers have shown a steady but significant decline in the past several years. In 2008, 56 workers died on the job. In 2007, 45 workers were killed.

The rate of injuries and illnesses on the job also seems to be in decline. Back in 2004, around 4.1 workers out of 100 reported some kind of injury or illness. That number dropped to 4 out of 100 in 2005. By 2007, that number was down to 3.7 out of 100. And last year, the number dropped again to 3.4 out of 100.

To what do North Carolina workers’ compensation experts credit this improvement in safety and decline in illnesses and injuries? Like all issues of epidemiology, it can be very difficult to tease out causation from data like these. Sure, experts may point to safety improvements in this or that industry, and some can suggest that better sanitary measures taken at work or improvements in safety equipment might be responsible for some of the decline in deaths and illnesses. But without a rigorous comprehensive scrutiny of the evidence (and even then, you can probably question the validity of any findings), no one will likely be able to pinpoint where state workers and employers are “going right.” That being said, however, the DOL will no doubt continue to track trends to look for meaningful associations that might suggest potential programs, infrastructure changes, or strategies to help keep NC workers safe and healthy.

If you or a loved one has suffered an injury at work -- or if a family member was unfortunately killed while on the job -- you may be eligible for substantial North Carolina workers’ compensation benefits. However, given how complicated the benefits disbursal system can be, it may behoove you to connect with an attorney who specializes in this kind of work to ensure that you get the payments you deserve -- when you deserve them -- and that you don’t suffer any undue harassment or stalling on the part of insurance companies or employers.

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North Carolina Department of Labor

NC Slim Jim plant explosion 6/2009

The Occupational Safety & Health Administration (OSHA) found that scaffolding failures and the failure of fall protections rose this year by almost 30 percent over 2008 numbers -- indicating a new source of danger for North Carolina workers.

The national numbers complied by OSHA do not necessarily correlate directly with North Carolina numbers, but they point to acute risks that NC workers face day-to-day and suggest how many 2010 North Carolina workers’ compensation cases might arise.

1. According to OSHA, nationally there were nearly 9,100 scaffolding violations due to poor signage, unmarked dangers from falling objects, and slip and fall hazards.

2. Fall protection failures numbered over 6,700. According to OSHA, anyone who works over four feet above ground must be protected from fall risks. Fall injuries can lead to contusions, lacerations, broken bones, spinal cord injuries, and even wrongful death.

3. OSHA handed out nearly 6,400 violations for “hazard communication.” These include failures to correctly fill out safety data sheets and failures to label hazardous chemicals and other materials.

4. OSHA handed out just over 3,800 violations for respiratory protection infractions. Workers in industries like mining, construction, and painting must protect their lungs from particulate matter and other pollutants -- without respirators and other key equipment, these workers can fall ill on the job and also be at greater risk for chronic diseases, such as lung cancer and emphysema.

5. Other common violations related to: lock out/tag, electrical failures, ladder problems, powered industrial trucks, and failures to guard machines effectively.

If you or a loved one has been hurt at work due to improperly implemented safety procedures -- even if you were partially at fault -- you can stake a claim for North Carolina workers’ compensation. It may behoove you to discuss your matter with an attorney ASAP to protect your rights and collect your maximum allowable compensation amount.

More Web Resources:

Occupational Safety & Health Administration (OSHA)

Biggest Dangers at Work

Government statisticians and insurance companies spend millions of dollars each year to catalogue workers' compensation injuries in North Carolina and elsewhere across the US.

Such injuries fall loosely into four major classes:

1) Traumatic or acute accidents

Examples of injuries that could lead to a North Carolina workers' compensation claim might include:
• A construction worker gets hit by a falling beam while inspecting a site.
• A pizza delivery worker breaks her collarbone in an auto accident on the way to a customer's house.
• A postal service worker slips and falls on icy steps and shatters his coccyx.
• A dog catcher gets a finger bitten off by an angry pug.

2) Repetitive stress injuries

Repetitive stress injuries (RSI) afflict millions of workers – particularly office employees and assembly line workers. Examples of this class of injury might include:

• A secretary gets carpal tunnel syndrome after typing dictation rapidly for her boss.
• A hairstylist hurts his hands after scissoring 12 hours a day for three years.
• A pianist adopts a lazy technique and as a result gets thoracic outlet syndrome (TOS).

3) Occupationally specific injuries

Certain occupations expose workers to very specific types of hazards. For instance:

• A painter gets sick after inhaling aromatic compounds, like benzene.
• A landscape artist gets electrocuted after attempting to move a live power line with faulty equipment.
• A farmer gets flu from one of his chickens.

4) Psychologically-induced injuries

Stresses at work – including verbal abuse, loud noises, and harassment – can cause physiological problems. For instance:

• An airline worker who works on the tarmac develops post traumatic stress syndrome from hearing jet engines launch all day.
• An assistant at a fashion company develops depression and stomach problems after getting yelled at repeatedly by her bosses.
• A medical resident suffers sleep deprivation and high cortisol levels.

For more information about North Carolina workers' compensation categories and statistics, connect with a solid, reputable attorney who practices in the state.

1. Settling a North Carolina workers’ compensation claim without assessing the true value of that claim.

Even if a claimant has sustained a relatively minor injury, such as soft tissue damage to the pad of the thumb or shin splints from lifting heavy objects, he/she may be ultimately entitled to collect North Carolina workers’ compensation benefits for an entire lifetime. It’s a fact of human psychology that people tend to over-emphasize the difficulties associated with acute injuries and underestimate the difficulties associated with chronic injuries. Thus, particularly when it comes to chromic injuries, claimants tend to undervalue their claims.

2. Thinking that the insurance company is on your side.

Insurance companies are in business for one reason and one only reason only -- to make money. To stay competitive, insurers go through rigorous processes to shave costs and minimize payouts to policyholders. In other words, the insurance company exists in large part to DENY as many claims as it can get away with. This isn’t to say the insurers are malicious. But they are most assuredly NOT working for you (even if individual associates appear sympathetic and helpful.) To that end, if you volunteer information about your condition -- even by saying relatively innocuous things like “I’m feeling better this week” -- your statements can be manipulated, taken out of context, and leveraged against you in the future.

3. Signing an incomplete agreement within the insurance company.

Let’s say the insurance company agrees to settle. If so, the claimant will receive what’s known as an "agreement to pay" from an adjuster. This agreement can be quite complicated, so it’s often in claimants’ interest to have it examined by a competent North Carolina workers’ compensation attorney. Not all of your injuries may be included on the form. For instance, perhaps you hurt your arm AND suffered a finger sprain. If the agreement only stipulates that your arm was injured and you do not correct the form, you may not be able to recoup any costs associated with the treatment of your hand.

4. Even after your claim has been accepted and approved, insurers can still investigate you.

Often North Carolina workers’ compensation claimants feel that they are “in the clear” after settling successfully with insurers. However, this can be a serious mistake. Insurance companies often reserve the right to investigate claims even after they have been processed and paid out, particularly claims for chronic disabilities. Indeed, insurers have gone to incredible lengths to retract, amend, or otherwise renegotiate claims, including, for instance, secretly videotaping claimants.

5. Believing that you can choose from an indefinite number of healthcare providers.

North Carolina workers’ compensation rules limit your choice of providers. An employer or an insurance company may offer you a choice of physicians from a pre-selected list. Once you choose a doctor, it can be very difficult and time consuming to "deselect" that doctor and find someone else… without risking your benefits.

Web Resources

North Carolina Industrial Commission

workers' comp insurance adjuster

Let’s discuss some myths and realities concerning North Carolina workers’ compensation.

Myth #1 -- You must see the doctor that your insurance company (or employer) provides.

Reality – In the event that the first North Carolina workers’ compensation physician who treats you does not meet your needs, you can go back to your insurance company or to your employer to request a change of physician. Legally, you’re allowed to do this at least one time, and your employer/insurance company must compensate you for the visit.

Myth #2 -- If you fail to file for benefits within your employer’s timeline, you won’t get compensation.

Reality: Employers don’t make North Carolina workers’ compensation laws -- the state legislature does. In most cases, you have up to two years following your injury to file a claim.

Myth #3 -- Insurance companies will cooperate if your claim is legitimate.

Reality: Insurance companies are primarily in business to make money. Claims adjusters will likely dig into your claim looking for as many possible reasons to reject it, disqualify it, or erode your settlement amount. In fact, if you discuss your injury with an insurance company representative before speaking with an attorney, you can accidentally imperil your North Carolina workers’ compensation claim -- just by misspeaking or citing the wrong numbers. While insurance companies are not always adversarial, they can be. That’s why it's generally smart to retain an experienced and intuitive legal representative -- someone who’s purely interested in your well-being.

Myth #4 -- Retaining an expensive North Carolina workers’ compensation attorney will chip into your benefits.

Reality: The benefits of working with a knowledgeable, results-oriented attorney in general far outweigh the nominal costs of services. Consider: by simply extracting a few extra percentage points on your settlement, you can usually pay for your attorney’s fees and then some. To settle for a fair amount, it makes sense to work with experts who've delt with similar cases hundreds of times. Exceptions can apply, of course. For instance, if you've closely studied North Carolina workers’ compensation law, perhaps you can negotiate on your own behalf. But even then, you might be advised to retain counsel, since having a proxy negotiate on your behalf gives you extra leverage.

North Carolina Workers’ Compensation Law

NORTH CAROLINA STATE GOVERNMENT
WORKERS' COMPENSATION EMPLOYEE HANDBOOK

More Web Resources

US DOL Statistics on Workers' Comp

NC Industrial Commission

Is there a non-profit state agency that can provide unbiased information about North Carolina workers’ compensation benefits, eligibility and rights?

Yes. The North Carolina Industrial Commission (based out of Raleigh) is reachable at (919) 807-2500. You can also contact workers comp info specialists directly toll free at (800) 688-8349 or email someone for assistance at infospec@ic.nc.gov.

If your employer does not report your injury, for whatever reason (e.g. negligence, refusal to assist), is there anything you can do?

Yes. Collect a claim Form 18 or Form 18-B and file it with the NC Industrial Commission within two years of your on the job injury.

Can injured employees get benefits for using chiropractic services?

In some cases, yes. If your employer's insurer allows, you can have up to twenty visits to a designated chiropractor paid for, provided that the services are “medically necessary.” If you require more chiropractic services, the chiropractor needs to contact the employer directly.

If you have been injured at work, what steps should you take immediately?

First of all, tell your employer -- both verbally and in writing. It’s very important that you keep track of all of your correspondence and file it and date it. You should make sure to do this within thirty days of your injury, unless your recuperation has rendered you unable to make such a communication.

In the event that your employer lacks North Carolina workers’ compensation insurance, do you have any recourse to collect benefits?

Yes. First of all, the North Carolina Industrial Commission’s fraud hotline should be notified. You can call toll free at (888) 891-4895 or email a government representative at fraudcomplaint@ic.nc.gov. If you’ve been injured and then you discover that your employer lacks insurance, contact the Commission. You’ll likely have to fill out two forms -- Form 33 and Form 18 -- to attempt to collect benefits.

More Web Resources

North Carolina Industrial Commission

NC Workers Compensation Act