North Carolina Workers' Compensation Lawyer Blog

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.

More Web Resources:

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.

More Web Resources:

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.

More Web Resources:

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.

More Web Resources:

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

Who is in charge of directing your medical care?

In general, your employer or the employer’s insurance company is in charge of offering and directing your course of treatment. If you don’t like the physician that your employer commends you to, it’s up to you to petition the North Carolina Industrial Commission to compel your employer to find another doctor. Be sure to get any changes in writing prior to receiving treatment, or you may not get reimbursed. In some cases, in which your employer or your employer’s insurance company does not behave fairly, the Commission may mandate certain terms of treatment. In the event that you need emergency medical assistance, obviously you should get it. If your employer or the insurance company subsequently refuses to pay for that treatment, you should contact the NCIC as quickly as possible within reason to discuss your situation.

Is it true that you can’t collect compensation for the first week you’re off of work?

In general, the first seven days you miss work due to your disability will not be covered by so called "Lost Wage Compensation." However, if your disability lasts longer than 21 days, you will be able to start collecting -- just not for days 1 through 7.

Are compensation payments always made weekly?

Under most circumstances. However, the NCIC can in some situations mandate that you get monthly checks instead.

How much money should you expect in terms of benefits?

In general, you should expect two thirds of your weekly wage with a maximum of $816 per week (according to 2009 rules).

Can you continue receiving benefits after you return to your job?

In general, no. Once an employee is able to go back to work, his or her benefits end.

How can you find out your North Carolina Workers’ Compensation claim number and the insurance carrier that your employer uses?

The North Carolina Industrial Commission maintains a statistics hotline at (919) 807-2506 to answer these questions.

What should you do if your employer does not acknowledge or otherwise refuses to honor your claim?

In general, it’s a good idea to connect with a North Carolina workers compensation attorney ASAP. You also should notify the NCIC and all relevant healthcare providers.

More Web Resources

North Carolina Industrial Commission

NC Workers Compensation Act

A relatively high profile North Carolina workers’ compensation case has ended in victory for the defendant, Nash Community College. The case involved a GED instructor named Jamaal Johnson, who had worked for the college in 2007.

According to the facts as stipulated by the North Carolina Court of Appeals, the petitioner sought workers’ compensation in connection with a work absence from April 26th through June 19th of 2007. Mr. Johnson had a note from Dr. Raymond Baule, which claimed that Mr. Johnson would not physically be able to work during this period. However, the college’s HR department noted that Dr. Baule was not regarded as a qualified workers’ compensation physician. HR thus set an appointment for Mr. Johnson with a second doctor, Dr. Robert Saul, to reevaluate the complaint. After observing the petitioner, Dr. Saul concluded that there was “no reason” why Mr. Johnson could not return to work. The HR department sent several letters to Mr. Johnson, alerting him to the fact that he had not qualified for North Carolina workers’ compensation needed to return to work. But the petitioner never claimed (or possibly ignored) those letters. Eventually, the college fired the instructor for his absence. Mr. Johnson subsequently sought unemployment benefits pursuant to North Carolina law and got turned down. In March of 2009, he appealed to the state’s Employment Security Commission for a more positive ruling, but the ESC turned him down as well because it weighted Dr. Saul’s opinion (as an official workers’ comp doctor) more highly than it did Dr. Baule’s.

Jamaal Johnson v. Nash Community College, North Carolina Court of Appeals, March 3, 2009

The ballad of Jamaal, Baule and Saul, The HR Specialist, June 21, 2009

More Web Resources:

Nash Community College

Workers’ Compensation Rules in NC

A workers' compensation case involving a Fine Arts and Ceramics Professor at Virginia Commonwealth University has led to an ongoing debate about building safety at the school and may lead to lawsuits in Virginia, North Carolina, and elsewhere.

Allan Rosenbaum had been working in VCU’s Fine Arts building for years, teaching crafts and ceramics. After inhaling significant quantities of fine silica dust over a period of years, Rosenbaum developed the incurable degenerative disease, silicosis. He brought a claim against VCU via Virginia’s Workers' Compensation Commission and won disability benefits of over $210,000.

University Ignores Red Flags

Rosenbaum’s workers' compensation suit tipped off university officials to the seriousness of the situation in the Fine Arts building. Numerous faculty members have since attested to the fact that the crafts area is -- and has been -- extremely dusty. Plastic sheets at one time covered ventilation screens. During kiln cleanings, massive clouds of silica dust spread out into the halls and propagated through the school’s ventilation system to other classrooms and buildings.

Rosenbaum was first diagnosed with silicosis by a colleague at VCU’s medical department, who warned school administrators of the hazards of continuing to expose faculty and students to large amounts of silica dust. VCU administrators responded by putting up notices about the dust and conducting an internal test of air quality. These tests found that dust levels were likely not dangerous; but critics of the administration retorted that the tests conducted were not accurate.

A North Carolina faculty member who had been working as a visiting professor testified that the Fine Arts building had terrible ventilation throughout his tenure at VCU.

Whether Professor Rosenbaum’s ordeal leads to other workers' compensation claims against VCU for silicosis or other inhalation diseases is anyone’s guess. Since silicosis is a cumulative condition, individuals with the longest-term exposure to dusty conditions have the greatest risk for developing symptoms.

When dealing with workers' compensation cases, injured parties often require strong, experienced legal help to advocate for their rights and get them appropriate compensation.

Professor Sickened by Dust, but VCU Says Facilities are Safe, Richmond Times-Dispatch, June 8, 2009

Suffering for Art, Workers Comp Insider, June 8, 2009

Related Web Resources:

Virginia Commonwealth University

Preventing Silicosis