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Raleigh Personal Injury Law Blog

Many North Carolina Employers Missing Workers' Comp Coverage

Workers' compensation insurance provides a much-needed lifeline for workers who are injured in on-the-job accidents or develop occupational diseases. Unfortunately, a recent News and Observer study revealed that tens of thousands of North Carolina employers do not carry adequate workers' compensation coverage.

State law requires all employers with more than three employees to carry workers' compensation insurance. According to the North Carolina Department of Commerce, there are 170,000 employers in the state which have more than three employees. However, the North Carolina Rate Bureau reports that there are only 140,000 businesses that have purchased workers' compensation coverage. Another 177 large companies are self-insured.

Obesity as a Factor in North Carolina Workers' Compensation Claims

By any measure, obesity is a major challenge in America today. Indeed, many experts believe it is an epidemic public health problem.

Understandably, then, obesity is involved in many workers' compensation claims. And the evidence suggests that it can make the resolution of workers' comp cases more complicated.

The Centers for Disease Control and Prevention uses the terms "overweight" and "obese" to describe ranges of weight that exceed what it considers healthy for a given height. For example, someone who is 5 feet, nine inches tall, between 169 and 202 pounds, would have a BMI of between 25 and 29.9. This would be classified as overweight.

Someone who is that tall and weighs 203 pounds or more would have a BMI or 30 ore higher and be considered obese.

According to the CDC, 37.5 percent of U.S. adults are obese.

One reason that obesity can complicate workers' comp claims is that obesity tends to raise the risk of "co-morbid" conditions. These conditions can include diabetes, hypertension and cancer.

Such conditions can make it hard for doctors to determine when workers who have been injured on the job have attained maximum medical improvement.

Floor Collapse at Construction Site is Vivid Reminder of Workplace Injury Risk

Construction is dangerous work. Nationally, in 2010, there were nearly 196,000 construction injuries, according to federal statistics. This meant there were about four injuries for every 100 construction workers.

These figures show that the risk of a construction site accident is very real - from construction vehicle accidents to scaffolding collapses to other forms of work injury.

North Carolina construction workers face the same challenges as workers in other states. Construction sites often involve heavy machinery, vehicles coming and going, and the possibility of a platform collapse.


Understandably, then, the recent floor collapse at casino construction site in Cincinnati received national attention.

As workers were pouring concrete on the second floor of a building that will be a casino, the floor buckled - then collapsed entirely.

Work Injuries Need Proper Medical Attention -- Not Excessive Reliance on Prescription Drugs

If you get hurt on the job, it's important to get the medical treatment you need. Work injuries are often painful, and medication to ease the pain is often needed during the recovery period.

Recent research indicates, however, that misuse of certain drugs is widespread in the treatment of chronic pain from workplace injuries. This research has implications for North Carolina workers' compensation cases.

Drugs that are designed for short-term pain relief or for end-of-life cancer pain should be used to treat chronic work pain. Misusing such drugs for that purpose prevents people from getting the care they really need - and can even result in wrongful death.

For work injuries, proper care does not normally include using a lot of opiod drugs like Vicodin. But the big drug companies continue to mass produce those drugs and pressure physicians to prescribe them.

The National Centers for Disease Control recently tried to quantify the extent of this problem. The CDC reported that, in 2007, drug companies produced 698 mg of Vicodin per person in the United States. That compares to 96 mg in 1997. This six-fold increase in only ten years is the tip of the iceberg of the problem of misuse of prescription opiod drugs for work injuries.

North Carolina Nursing Home Injuries and the Over-Prescription of Antipsychotic Drugs

Antipsychotic drugs are extremely powerful, with potential side effects that can be very harmful.

But many nursing homes are often quick to use such drugs to control residents who are experiencing dementia or other issues. This misuse of powerful medications can be a sign of nursing home abuse or neglect. It has therefore led to concern at the federal level about the overuse of antipsychotic drugs in nursing homes and other places that offer care to seniors.

The Office of the Inspector General (OIG) at the Health and Human Services Department investigated the use of antipsychotics and found a startlingly high level of errors in related Medicare claims.

The OIG's report documented that, among nursing home residents with Medicare, 14 percent had claims for antipsychotic drugs. Nearly 9 in 10 (88 percent) of the "atypical antipsychotics" used were off-label prescriptions for dementia.

Antipsychotic drugs are meant to be used to treat schizophrenia or bipolar disorder. They should not become a catch-all response by staff when a nursing home resident appears to exhibit symptoms of dementia. Doing that diminishes the resident's quality of life and can make other injuries more likely.

Avoid these mistakes if ever in an auto accident.

When it comes to personal injury cases-particularly an automobile accident-there are several mistakes that clients often unknowingly make. And, in my experience, the best way to establish a strong case is to avoid the traps that insurance companies use to deny your claim or argue that it's worth less than fair value. If you are involved in a traffic collision, keep the following in mind:

Defective Tire Case Has Implications for Safety of 15-Passenger Vans in North Carolina

Fifteen-passenger vans have been around for nearly thirty years. They became popular in the 1990s and there are now about 500,000 on the road in the U.S.

Unfortunately, there are numerous safety issues with this type of vehicle. The fatality rate for passengers is more than for passengers in other types of motor vehicle accidents.

In fact, the death rate for occupants of 15-passenger vans was higher than the combined total for all other types of passenger vehicles. According to the Insurance Institute for Highway Safety, there were 149 deaths per million registered vehicles in 15-pasenger vans from 2005 to 2009. The corresponding figure for all other vehicles was 121.

It's not just that 15-passenger vans are bigger than other passenger vehicles. Fifteen-passenger vans also have high centers of gravity. This makes them less stable than smaller vehicles and therefore a potential challenge to drive, especially for inexperienced drivers.

North Carolina Workers' Comp Changes Affect Injured Workers

The down economy has many ripple effects. One of them is more pressure on the workers' compensation system. Across the country, employers in many states are seeking relief from paying work comp insurance costs.

Legislative debate is part of democracy. But legislatures should not push through changes that will harm the ability of injured workers to take care of themselves and their families. After all, that's why worker' comp exists - so that someone who gets hurt at work doesn't have to sue his or her employer in order to be compensated fairly for those injuries.

Has North Carolina workers' compensation been affected by this national trend toward considering work comp changes?

Last June, the North Carolina General Assembly did pass changes to the workers' compensation law. The previous law had allowed injured workers to receive temporary total disability benefits for life. The amended law imposes a 500-week cap on those benefits.

This means that the payments will continue for less than ten years, unless the injured workers qualifies for a specific exemption that is available for catastrophic injuries.

Greater Awareness of Brain Injuries Leads to Increase in Emergency Room Visits Among Children

Awareness of the dangerous effect of brain injuries is finally starting to build. This is reflected in the results of a report released yesterday on the number of children being treated for traumatic brain injuries in emergency rooms.

The Centers for Disease Control reported that the number of children (age 19 and younger) receiving treatment for TBI in the ER increased significantly over the past decade. The number grew from 153,373 in 2001 to 248,418 in 2009. That is a 62 percent increase.

The director of the CDC's National Center for Injury Prevention and Control, Linda C. Degutis, provided some context for the numbers. "We believe that one reasons for the increase in emergency department visits among children and adolescents may be a result of the growing awareness among parents and coaches, and the public as a whole, about the need for individuals with a suspected TBI to be seen by a health care professional," she said.

The CDC data showed that many more boys than girls are being treated. Boys accounted for more than 7 out of 10 ER visits. Both genders are at risk of bike accidents and motor vehicle accidents. But boys are also often injured playing football.

Safety Agency Seeks to Reduce Violent Attacks in the Workplace

Workplace injuries can take many forms. Some are more common than others, such as falls from scaffolding or injuries caused by defective tools. Others occur less frequently.

Sometimes workplace injuries are so severe that they are fatal. And sadly, intentional assaults and homicide were the third leading cause of on-the-job deaths last year. Only traffic accidents and fatal falls were more frequent.

In fact, assaults and homicide have been among the top four causes of workplace fatalities for nearly twenty years, dating back to at least 1992. In 2010, acts of violence were the cause of 506 on-the-job deaths, according to data from the Occupational Safety and Health Administration (OSHA). This was 18 percent of the total of 4,547 workplace deaths in the U.S.

The statistics also show that women are more at risk than men of such violence. Indeed, for women, violence is the leading cause of death at work. Twenty-six percent of the 355 deaths of women on the job - more than 1 of every 4 - were the result of violence. The figure for men was much lower, at 10 percent.

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http://www.mccabelawoffices.com 877-320-1851 The Law Offices of John M McCabe are focused exclusively on personal injury cases in North Carolina. We get to know our clients & investigate every aspect of their case. Contact us in Cary.