Posted on Tuesday, June 23rd, 2020 at 8:55 am
According to the Centers for Disease Control and Prevention, “the Bureau of Labor Statistics (BLS) developed the Occupational Injury and Illness Classification System (OIICS) to characterize occupational injury and illness incidents.” There are been several revisions to the original system. The OICS breaks down workplace injuries and illnesses into the following four categories:
Each of the four categories is broken down into further subcategories. The categories include definition and examples. Some of the relevant sections, that may be used to assess workplace injuries and illnesses are the following. In many cases, an injury or illnesses may be categorized in another part of the OICCS
North Carolina workers’ compensation lawyer Joe Miller Esq. has helped thousands of workers in North Carolina and in Virginia get just recoveries for a wide variety of workplace injuries. He’s been fighting for employees for more than 31 years. He has the experience and resources to fully document your medical expenses, your lost wages, and any other related work injury costs. He’ll fight to get you a strong recovery. To schedule an appointment with a respected work injury lawyer, is please phone Joe Miller, Esq., at 888-667-8295. or fill out my online contact form
Posted on Monday, June 22nd, 2020 at 8:46 am
The Occupational Injury and Illness Classification System (OIICS) of the Bureau of Labor Statistics classifies surface wounds and bruises according to several categories. Surface wounds are a form of traumatic bruise or injury that occur on the surface of the body and “generally do not involve open wounds.” “Generally, a traumatic injury or disorder is the result of a single incident, event, or exposure over the course of a single shift.”
The OIICS guide is a useful resource for classifying a wide range of workplaces injuries and diseases. Cases that are categorized as traumatic bruises or injuries don’t need to be “consistent with the Occupational Safety and Health Administration (OSHA) recordkeeping definition of an injury or whether the employer reported the case as an injury or illness on the OSHA log.”
Some surface wounds such as mosquito bites and foreign object in the eye are categorized elsewhere in the OICCS. The subcategories for surface wounds are the following:
Other wound injuries may be categorized as
Many workers in a variety of industries suffer surface wounds and bruises. While surface wounds and bruises may not appear serious on first inspection, they can become serious if not treated properly. Surface wounds and bruises can cause a worker to miss significant time from work.
Surface wounds and bruises are common work injuries. If they result from a workplace accident, an employee has the right to seek workers’ compensation benefits, in North Carolina and in Virginia. These benefits include ER care, follow-up medical care, and generally 2/3 of any income loss because the employee can’t do his/her job. Some workers may need to treat with a plastic surgeon. If the abrasions or wounds become infected or cause other related harm, the worker may need to treat with pain management doctors, infectious disease specialists, nerve and ligament specialists, and other specialists. Workers may also need to treat with psychologists or mental health professionals if the wounds lead to scars or to unsightly physical damage which, in turn, cause emotional harm.
Some of the causes of surface wounds, bruises, abrasions, and related injuries include:
Some of the job categories that have a higher risk for traumatic injuries such as surface wounds or bruises include:
Employees who suffer a wound or bruise may:
Generally, you must notify your employer or manager about any injuries of any kind as soon as possible. Workers with surface wounds and bruises normally begin their medical care by going to the local emergency room or by going to their family doctor. Whether the worker can return to work may depend on the type of job the employee has. Workers who have jobs that require a fair amount of physical labor may not be able to return to work promptly. Workers who have desk jobs often can return to work unless the wound prevents them from using their hands or eyes. A key factor is whether any complications result.
In all workers’ compensation cases, there is no requirement to prove the employer was at fault for the injuries. Fault is not a factor in workers’ compensation cases. As long the accident happened at work, happened to an employee during the course of the employee’s job, and the accident caused the injuries – then they employee has the right to file a state work injury claim.
Scarring or Disfigurement
One thing that is important to note is that workers compensation does not compensate injured workers for pain and suffering. Compensation is generally limited to the effect the work injuries have on the injured worker’s ability to work and the medical bills. There may also be some recovery for permanent impairment in a particular body part.
One exception to those limits is if there is visible, permanent scarring on disfigurement on a body part that the injured worker hurt in the accident. It must be a body part that the injured worker is not otherwise claiming for impairment. For instance, if there is severe scarring from lumbar (back) surgery, and the injured worker wants to claim a permanent impairment in the lumbar spine in North Carolina (spine impairment is not available in Virginia), he or she would not also be able to claim scarring or disfigurement due to the surgical scars.
What are the amounts that are available to be recovered? According to N.C.G.S. 97-31 (21) For serious facial scarring or disfigurement, an injured worker can recover up to $20,000.00. For serious disfigurement to any other part of the body, up to $10,000.00.
This may not seem like much, but it must be remembered that the workers compensation statutes are primarily concerned with how an injury affects one’s ability to work. So if someone is so severely injured that he or she is unable to return to work, that injured worker would be entitled to up to 500 weeks of benefits at 2/3rds of their average weekly wage, until he or she was able to return to work.
If the injuries are sufficiently severe, and involve certain categories of injuries that prevent return to any gainful employment, depending on the nature of those injuries, the employee may qualify for lifetime weekly benefits. Even if the employee did not suffer injuries in those categories, if the employee can prove that the work injury has caused a total loos of wage-earning capacity, then after 425 weeks of benefits, that employee may apply for extended benefits, which is some cases may result in lifetime compensation.
North Carolina workers’ compensation lawyer Joe Miller Esq. works with your doctors and independent doctors to help document your injuries. He fights to get full compensation for all medical expenses for all workplace injuries and illnesses. He also fights to get workers the amount they justly deserve for lost income, for vocational rehabilitation costs, and for any incidental expense. For help with any workers’ compensation claim, call North Carolina and Virginia lawyer Joe Miller, Esq., at 888-667-8295. or fill out my online contact form to speak with a skilled work injury lawyer.
Posted on Friday, September 6th, 2019 at 3:11 pm
Repetitive stress injuries, according to Medical News Today, can affect most every movable part of your body. They are generally associated with repeating the same task over and over again, vibrations, and forceful exertions. Some of the other names for repetitive stress injury (RSI) are repetitive motion disorder, cumulative motion disorder, repetitive motion injury, occupational overuse syndrome, and regional musculoskeletal disorder.
Generally, in both North Carolina and Virginia, repetitive stress injuries do not constitute valid claims. If one claims, for instance, that due to years of heavy lifting one’s back has started to hurt, that claim will be denied by the insurance company as well as by both the Virginia Workers Comp Commission or the North Carolina Industrial Commission.
There are, however, a couple of sets of exceptions carved out in the law.
The first is if the repetitive stress injury is suddenly aggravated by a traumatic event. In Virginia, as long as the doctor can say that the traumatic event caused a “sudden mechanical change” in the injured body part, then this would be a valid injury. Similarly, in North Carolina, a slip, trip or fall that aggravates a repetitive injury would be compensable.
The second set of exceptions relate to some specific injuries that are very common and generally accepted as either occupational diseases or ordinary diseases of life caused by repetitive work trauma.
Carpal tunnel syndrome is perhaps the best- known form of RSI. It is treated as an ordinary disease of life that is an occupational disease. It is a condition, according to Orthoinfo, that occurs when a major nerve to the hand (the median nerve) “is squeezed or compressed as it travels through the wrist.” It can be quite painful and generally gets worse over time unless it is treated. For some patients, surgery may be required to take pressure off the median nerve.
CTS is very common in machinist occupations and electrical occupations where repetitive use of the hands is required.
Symptoms often vary depending on the part of the body that is affected.
Many workers don’t’ realize they have an RSI until the damage to their body is significant. By the time they do feel the pain, they need to stop working and get medical help.
Some of the general causes of repetitive stress injuries include:
Psychological stress can worsen RSI.
Some of the causes of RSI that cause workers to lose time off from work and file a workers’ compensation claim include:
Other jobs that are known to cause RSIs include delivery work, plumbing, agricultural work, firefighting, stocking shelves, janitors, maid services, and food processors. Professional athletes and professional musicians also do a lot or work that involves repetitive motions.
The earlier workers begin treatment for an RSI, the better. Doctors will conduct a range of tests depending on the body part that hurts and other factors. These tests include:
Treatments for an RSI include:
The recovery process for surgical and non-surgical treatments can take months or even up to a year.
Unfortunately, other than Carpal Tunnel Syndrome (CTS), or aggravation of pre-existing RTS injuries by a single traumatic event, Virginia does not recognize any other repetitive stress injuries as valid, compensable injuries or an occupational disease.
In North Carolina, the legislature has carved out a few specific, repetitive stress injuries that are recognized as specific, valid, occupational diseases.
In addition, in North Carolina, (not in Virginia) repetitive stress injuries can sometimes be classified as occupational diseases and be compensable IF they are proven to be caused by things that are characteristic and peculiar to the employment of the injured person and excluding ordinary diseases of life to which the public is equally exposed. An example is a cameraman who develops a rotator cuff injury over time. His job requires him to carry the heavy camera on his shoulder every day, and if the doctor supports it, this would be an example of a compensable RTS injury in North Carolina.
One should proceed with caution, however. These types of North Carolina “ordinary disease of life” cases are notoriously difficult to prove. The doctor must not only say that the work caused the issue, but that it was NOT caused by exposure to repetitive stress outside of work. For some jobs, such as daily work with a jackhammer, the proof may be clear. For other jobs, such as computer work, an insurance company may argue that your off-duty typing or exposure to other, off duty activities caused the RSI.
There are, however, some RTS diseases in North Carolina that are specifically listed by the legislature as an occupational disease.
The RTS diseases that are specifically listed in North Carolina General Statute Sec. 97-53 as compensable occupational diseases are:
Examples of repetitive stress injuries that might be compensable in North Carolina, (but not in Virginia) depending on the proof of facts, are:
If you have a workers’ compensation claim because of a repetitive stress injury, Virginia and North Workers’ Compensation Attorney Joe Miller Esq., will explain your legal rights. In most cases, unless you fall into one of the exceptions listed above, there is a good chance you may not have a case. But if you have a valid work injury claim, he’ll work with your doctors to determine your full health condition. In some cases, he may recommend that you see other doctors who are approved by the state workers’ compensation organizations. To learn if you have a claim, call attorney Joe Miller at 888-694-1671. or fill out my contact form to schedule an appointment. Joe Miller has been fighting for injured workers for more than 31 years.
Posted on Wednesday, September 4th, 2019 at 3:11 pm
According to the Occupational Health and Safety Administration (OSHA), there are numerous reasons why back injuries are a major cause of lost work days. Back disorders generally occur in one of two ways:
A single traumatic event or a combination of a single traumatic event that aggravates an accumulated problem both generally constitute compensable, valid injuries under workers compensation law in both Virginia and North Carolina; however, cumulative injuries by themselves are generally not compensable and do not constitute a valid workers compensation claim.
Also, while usually in North Carolina, a “slip, trip, or fall” is required to prove an injury by accident, an exception is carved out in the law with respect to back injuries. Evidence of a single, traumatic event is usually sufficient to prove a back injury in North Carolina.
Virginia also only requires a single, traumatic event, but there must also be a “risk of employment” associated with the accident. This means that if one is simply injured suddenly in the course of performing one’s duties in Virginia, unless there is something that is a “risk” posed by the employment, i.e. a very heavy weight being lifted, a defective piece of equipment, or a weight suddenly shifting, simply feeling sudden back pain will not rise to the level of a valid injury in Virginia. In North Carolina, with respect only to back injuries, it would, so long as the injured worker can point to a specific moment when the pain started during the performance of work duties.
Often, workers and employers fail to treat back problems which accumulate over time – until the symptoms become very so severe, so acute – that the cause a disabling injury. Some of the causes of back injuries include improper lifting techniques or lifting loads that are just too heavy for the worker’s body.
Often, the single traumatic event is really due to “years of weakening of the musculoskeletal support mechanism by repetitive micro-trauma. Injuries can arise in muscle, ligament, vertebrae, and discs, either singly or in combination.”
Once again, unfortunately, these types of back injuries, if not precipitated or aggravated by a single traumatic event that the injured worker can point to, will not give rise to a valid workers compensation claim.
OSHA states that back injuries from working aren’t known to cause fatalities. They do, however, cause a lot of pain and suffering and lost productivity. Back injuries affect nearly 600,000 employees on a yearly basis at a cot of nearly $50 billion annually. As the average age of employees increases, the cost to treat and pay disabled workers is likely to rise.
Some of the workplace activities that cause deterioration of muscles, discs, joints, and ligaments – which in turn cause back injuries – include:
Some loads are much harder to lift or move than other loads. Generally, any load that is more than 50 pounds should be moved or lifted by using some of the following equipment or strategies:
OSHA states the employers and employees can help each other in the following ways:
“Principal variables in evaluating manual lifting tasks to determine how heavy a load can be lifted are:
Other manual lifting variables include examining space constraints, the size of the load, and the stability of the load.
Once all these variables are known, The National Institute for Occupational Safety and Health (NIOSH) of the US CDC – has a formula for determining whether a lift is safe or not.
OSHA further recommends the following safety tips for manually handling objects to help avoid the risk of bank injuries:
Virginia and North Workers’ Compensation Attorney Joe Miller Esq. understands back pain injuries. He workers with your doctors and independent doctors, when necessary, to diagnose your pain and prepare a full prognosis for your recovery. He’s helped thousands of injured workers get just recoveries. For help with your work injury claim, due to a back injury or for any reasons, call lawyer Joe Miller at 888-694-1671. or fill out my contact form to make an appointment.
Posted on Wednesday, May 8th, 2019 at 4:50 pm
Families of anyone killed due to a workplace scaffolding accident are entitled to death benefits. Survivors of scaffolding falls are entitled to full medical care and wage loss benefits, otherwise known as temporary total disability checks.
Scaffolding is a necessary requirement at many types of construction sites. Scaffolding is generally temporary. Stable scaffolding helps workers rise above the ground to do their job. Unstable scaffolding can easily cause death. Falls from scaffolding can also cause many types of injuries that leave the worker permanently disabled – such as spinal cord injuries which leave a worker partially or completely paralyzed. In the best of cases, workers with spinal cord injuries often live with chronic pain.
If a worker falls on his/her head, the worker can suffer a traumatic brain injury which affects the workers physical, emotional, and cognitive abilities. Workers with a severe brain injury often never return to work. Even workers with mild traumatic brain injury need to treat with neurosurgeons, neurologists, their family doctors, speech pathologists, physical therapists, psychologists and many other types of doctors.
Falls from a scaffold can cause broken arms which usually have to be set and placed in a cast. It takes months before broken bones heal. Other types of injuries include internal organ damage, muscle and ligament damages, severe cuts and lacerations.
According to the Occupational Safety Health Administration (OSHA) nearly 2/3rds of workers who work in the construction industry work on scaffolding. That percentage translates to about 2.3 million workers. According to the Bureau of Labor, nearly 60 people tragically die from scaffolding falls each year. Nearly 4,500 are injured due to scaffolding each year. One Bureau of Statistics study shows that 72% of scaffolding accidents are due either the “planking or support giving way, or to the employee slipping or being struck by a falling object.”
The two basic types of scaffolds, according to OSHA, are:
Other types of scaffolding that are usually classified as “supported scaffold” are scissor lifts and aerial lifts. Other types of scaffolding, according to OSHA, include “catenary scaffolds, step and trestle ladder scaffolds, and multi-level suspended scaffold.”
There are three types of people who work on scaffolding. These are:
Employers should review OSHA guidelines or contact OSHA directly before allowing any worker to use the scaffolding.
Workers should consult with any manufacturing manuals on proper setup and use before beginning any scaffolding work. Some of the many other practical tips for scaffolding work include:
There are different types of benefits available depending on the severity of the injuries.
In death cases, the employer’s insurance company should pay up to $10,000 for the funeral and burial expenses. The dependent family members (generally the spouse and minor children) can claim two-thirds (2/3rds) of the worker’s average weekly wages for a maximum of 500 weeks. In a case of North Carolina death benefits, minor children may be entitled for more than 500 weeks – up to the time they turn 18 years of age. Also in North Carolina, if the widow or widower of the deceased is disabled, she/he is entitled to benefits for the rest of their life or until they remarry.
When workers survive the fall, they are entitled to have all their medical expenses paid that are necessary to their recovery – for the rest of their lives.
Employees are also generally entitled to 2/3rds of their average weekly wages up until the time they return to work or up to 500 weeks. Workers with a total and permanent disability receive the 2/3rds average weekly wage for the rest of their lives. If the worker has a permanent partial impairment in relation to a compensable, ratable body part, then an additional analysis is made to determine the length of the 2/3rds average weekly wage benefits.
Additional adjustments and conditions may apply depending on whether your claim is in North Carolina or in Virginia.
At the Virginia Law office and North Carolina office of attorney Joe Miller Esq., we’ve helped thousands of workers including numerous construction workers get the full workers’ compensation benefits they deserve. There is no need to prove fault in North Carolina or Virginia workers’ compensation cases. To speak with an attorney experienced at fighting the insurance companies for employers, call lawyer Joe Miller at 1-(888) 694-1671 or complete my contact form to make an appointment.
Posted on Friday, April 26th, 2019 at 1:28 pm
In a previous article, we discussed some of the overall pros and cons of wearing workplace technology. In this article, we address some of the specifics.
According to Lanier Upshaw, a company that focuses on business risk, many businesses are exploring how wearable workplace technology can help employers and employees reduce the number of workplace accidents and the severity of workplace injuries. In addition to wearable technology, mobile applications, and sensors are becoming part and parcel of future workplace safety strategies.
Wearable technology is being used in many different professions and industry sectors including healthcare, police, firefighting, construction, and manufacturing.
Some of the benefits that makers of these wearable technologies say can help workers include:
Some wearable technology is already helping workers in the following ways:
There are concerns about all this wearable technology. There are privacy and security issues. Employees should have the right to raise questions about their effectiveness. Are they really helping the worker be safer or are they just being used to help a business make a profit or worse yet, spy on their employees?
Is the focus on protecting the worker or on gather data? There needs to be a balance between helping the employee and helping the company, but in all cases, the safety and security of the worker should always be the #1 priority. The wearable technology may improve worker morale but it may also inhibit worker morale because the devices can be cumbersome. Workers may also tend to over-rely on the sensors instead of their own instincts.
At the Virginia Law office and North Carolina office of attorney Joe Miller Esq., we understand that the workplace environment is constantly changing. While we appreciate devices that can help improve worker safety, when injuries happen (for any reason), we demand that employers and their insurance company take care of their workers. This includes making timely payments for medical expenses and wage benefits. We’ve helped thousands of employees get their full workers’ compensation benefits. For help with your Virginia or North Carolina workers’ compensation case, call us today. Initial appointments are free. You can reach attorney Joe Miller at 1-(888) 694-1671 or by completing my contact form.
Posted on Friday, April 19th, 2019 at 3:10 pm
New technology is helping workers avoid work-related injuries in many ways. Companies should always be on the lookout for ways to improve worker safety. They should understand and follow the latest guidelines and regulations from the Occupational Safety and Health Administration (OSHA). They should keep current with latest safety standards.
Businesses should know that providing workers with the best tools possible, the best equipment possible, and the best education possible can help reduce how often work injuries occur. The best way to avoid a work injury claim is to avoid the accident in the first place. When accidents at work do happen, workers should speak with experienced workers’ compensation lawyers to get the best advice possible.
Most new technology has some computer component and some data component. The wearable technology gathers the data by reading relevant responses from the worker who wears the technology. This new type of technology is often good at measuring things such as fatigue, work-related stress, ergonomic issues, proximity to danger, and other factors.
The overall goal of the technology is two-fold. The first is to improve the safety for the individual worker. The second is to improve the safety of the whole workplace organization.
According to Businessinsurance.com, these are some example of the desired benefits of wearable technology:
Wearable technology benefits typically, according to the BusinessInsruance.com article, the following three goals:
There are concerns with wearable technology. Most wearable technology focuses on collecting data about a worker’s performance. Some of the concerns raised by those who oppose these technologies include:
Wearable technologies should focus on things that can’t normally be evaluated by the human eye or human experience. How much bending a worker is doing can usually be assessed by just looking at the worker. Technology can be useful, for example, in determining (through a glove with sensors) how much “force a worker uses” while gripping.
Education matters. Workers should be told more than just how to use the technology. They should understand how the technology is being used to make for a safer and better work environment.
Employers tend to like wearable devices because the devices may help reduce their premiums while also helping to avoid workplace accidents. Employees may like them if they really help keep them safer.
At the Virginia Law office and North Carolina office of lawyer Joe Miller Esq., we’ve helped thousands of injured workers get justice. We fight to get employees all the benefits they deserve including payment of all their medical bills and their lost wages. We understand that holding employers accountable for workplace injuries is one way to force employers to focus more on workplace safety. For help with your Virginia or North Carolina workers’ compensation claim, call attorney Joe Miller at 1-(888) 694-1671 or complete my contact form to schedule a free appointment. Initial consultations are free.
Posted on Monday, April 1st, 2019 at 9:14 am
According to a report cited by the National Safety Council, 69% of employees say they suffer from fatigue at work. The report is titled “Fatigue in Safety-Critical Industries: Impact, Risks and Recommendations.” The report is based on several studies – one of workers and another was of a more mathematical survey. The NSC studied the utilities sector in addition to the other named work sectors.
Fatigue at work can cause numerous types of accidents. The report noted that 90% of employers said that fatigue was impacting their businesses. Fatigue, employers understand, also decreases productivity in addition to causing workplace accidents. 72% of workers said they thought workplace fatigue was a safety issue – indicating a disparity between employer and employee views. Fatigue is especially dangerous in industry sectors where machines vehicles, equipment, and tools are part of the job.
Tired truck drivers for example can easily crash into other vehicles, lose control of their vehicles, run red lights, speed, or driver off the highway. These type of truck accidents often cause death. Survivors may suffer catastrophic injuries that leave them permanently disabled. Even workers who eventually can return to work need months or years of medical help.
Some of the other findings from the NSC report
The NSC’s mission is to help prevent deaths at work and elsewhere. Founded over 100 years ago, in 1913, the NSC works with businesses, government, elected officials, and others to help prevent deaths. The fatigue report found that lack of sleeps results in $410 billion yearly in “societal expenses.”
Common accidents where fatigue plays a factor
In the construction industry, fatigue can easily cause a tired worker to slip and fall. Workers can be electrocuted if they don’t follow safety rules. They can be hurt from falling objects. They can fall from scaffolds. They can be struck by moving equipment.
In the manufacturing sector, tired workers use many different types of heavy machinery. If they’re tired, these workers pose a risk to themselves and everyone in the workforce.
Tired drivers aren’t paying attention to the traffic in front of them. They’re slow to recognize emergencies and too slow to respond. For example, they don’t apply the brakes quickly enough. They don’t steer out of trouble. Many tired drivers are also easily distracted because they’re grabbing for the coffee, rolling down the windows for fresh air, or doing other things to try to stay awake such as taking amphetamines – when they should just get off the roadway.
It is precisely because tired truck drivers are dangerous drivers, that the Federal Motor Carrier Safety Administration (FMCSA) has federal regulations. Drivers can only drive a maximum of 11 hours after 10 hours of rest. There are limits on how many hours truck drivers can work during a 60-hour week and during a 70-hour week.
Some of the symptoms of workplace fatigue
Common fatigue symptoms that workers and employers should be on the lookout for include:
Common causes of driver fatigue
How employers can address driver fatigue
Employers should consider making the following workplace changes so that employees are energized so they can better focus on their job duties:
In workers’ compensation cases, an injured worker is not required to prove that the employer was at fault for the accident. There’s no need to prove the employer made the employee work harder or longer than necessary. There’s no need to show the employer failed to follow proper safety laws.
In North Carolina and in Virginia, if an employee suffers an accident in the course and scope of employment, regardless of fault, the worker is entitled to state workers’ compensation benefits. Standard work injury benefits include 2/3rds of the worker’s average weekly wages while he/she is unable to work and payment of all reasonable medical bills. Attorney Joe Miller has helped thousands of injured workers in both North Carolina and Virginia get the pay and medical benefits they deserve. For help now, please call me at 1-(888) 888-694-1671 or complete my contact form to schedule a free consultation.
Posted on Wednesday, April 4th, 2018 at 9:51 am
Most construction work, especially building new public or private structures such as homes and offices, requires that cranes be used to lift, lower, and move workers, equipment, materials, and tools. In addition, many large manufacturing operations require cranes to move heavy equipment and assemblies into place. Injuries from crane accidents can cause death, catastrophic injuries, broken bones, bruises, amputations, neck and back pain, electrocution, lacerations, damage to internal organs, and a host of long-term problems. Catastrophic injuries include spinal cord damage, paralysis, and traumatic brain injury – all of which can prevent a worker from ever having gainful employment again.
Each type of crane has its own dangers.
While there is no requirement that an injured worker prove fault, the best way to protect any crane accidents is to avoid accidents in the first place. We have represented severely injured workers hurt by falling debris from a crane. Some of the major reasons crane accidents happen include:
The Occupational Safety and Health Administration has numerous regulations that employers must follow to help protect employees and all workers. These guidelines are based on recommendations by engineers, employers, and many other professionals and businesses. Some of these guidelines include:
OSHA also has specific requirements for when crane operation is allowed and when it isn’t based on specific wind speeds – as well as other regulations.
The insurance company for the employer will fight to deny your claim, force you back to work too son, and limit the amount of your benefits. They’re all about the money. Attorney Joe Miller is all about the person. For more than 25 years, he’s helped workers get the wage loss and medical benefits they deserve. He works hard so that employees return to work when they’re ready – if they’re ever ready. He works with families who have tragically lost a loved one due to an injury on the job. For help now, please phone attorney Joe Miller at (888) 694-1671. You can also arrange to speak with him or provide information to evaluate your case through his online contact form.
Posted on Wednesday, December 20th, 2017 at 2:27 pm
Injuries to the head can be caused by slips and falls, merchandise or inventory that falls, vehicle accidents, equipment that doesn’t work, diving accidents, and for many other reasons. Some head injuries heal with time. More serious injuries, like severe traumatic brain injuries, can change a life forever. In the worst cases, an on-the-job workplace head injury can cause death.
Jobs that have the highest risk for a head injury are:
This does not mean to say we have not seen severe head injuries occur in all kinds of occupations such as nurses, certified nursing assistants or truckers. You can slip on water or ice and get knocked unconscious in almost any occupation.
The various types of head injuries include:
Traumatic brain injuries are typically categorized as mild, moderate, or severe.
Physicians generally use the Glasgow Coma Scale (CGS) do determine the severity of any brain injury. The CGS categories for TBI injuries are:
Other symptoms include pain, loss of vision and hearing, inability to reason, and loss of cognitive function.
Finally, there are often symptoms that last for six months to a year after a concussion that may include difficulty concentrating, dizziness, increased irritability, loss of desire to be in social situations, and other symptoms that form a constellation of symptoms known as Post Concussion Syndrome (PCS). Typically a neurologist would be in the best position to diagnose and treat these symptoms.
Any employee who suffers any type of head injury should:
In head injury cases, you will normally see a neurologist or neurosurgeon. These doctors will normally order a CT scan to see if you have a skull fracture, hematoma or other brain injury. An MRI and in some cases a PET scan may also be administered to head injury patients to evaluate brain function.
In addition, in many cases, a neuropsychologist or neuropsychiatrist may administer a battery of written tests to the brain injury victim in order to determine the extent and nature of any cognitive deficits that may have occurred as a result of the head injury.
Whatever your type of head injury, you are entitled to have the insurance company for the employer pay your medical bills until you reach maximum medical improvement (MMI). Common head injury medical bills include:
Many head injury victims also need to see different types of rehabilitative therapists including occupational therapists, speech therapists, psychologists, and other doctors and counselors.
Head injury victims often need attendant care services such as home-health nurses and aides to help them with daily living matters.
Once you reach MMI, an evaluation will be made by your doctor about whether you can return to work at your prior job, a different job – or if you can’t return to work.
Workers are entitled to 2/3rds of their lost wages during the time they can’t work for up to 500 weeks while disabled from work.
Severe brain injuries are one of the categories of injury in Virginia and North Carolina that may entitle a worker to lifetime compensation instead of just the 500 weeks based on permanent and total disability. This is if the brain injury renders the employee permanently unemployable in gainful employment.
If you can return to work but at a lesser-paying job, you are entitled to 2/3rds of the difference between your current wages and your prior wages.
Employees should never attempt to settle their head injury claim before they reach maximum medical improvement – which can take months or years.
Workers may also be entitled to vocational training if they can’t do their old job but may be able to do a new job – if they acquire new job skills.
Attorney Joe Miller understands the complex cases. He works with medical professionals to properly prepare your medical reports and to properly relate your injuries to your inability to work. He has helped thousands of employees get strong work injury settlements. For help now, please phone Joe Miller Esq. at (888) 694-1671 or complete his contact form.