Carpenters help build homes and businesses across North Carolina and Virginia. They set the foundation for the work stone masons, glaziers, and many other types of construction workers do. Unfortunately, carpentry work is dangerous. Many workplace accidents cause construction workers to lose time from work while they seek medical help. Carpenters can claim work injury benefits provided they are employees and the accident that caused their injuries occurred while they were working. Proof of intoxication or safety rule violations can also be common defenses utilized against workers in any industry, but the construction industry, in our experience, does seem to see a higher rate of a claim of intoxication than other industries.<\/p>\n
Many carpentry accidents are caused by the various types of tools, machinery, and equipment carpenters use. Some of these many items include drills, jackhammers, mechanical saws, different types of saws, different types of chisels, and other tools. Forklifts are a common cause of construction accidents. Carpenters may suffer electrical current shock, cuts and bruises, puncture wounds, broken bones, and amputation of fingers and hands. Other common carpentry injuries include eye injuries, hearing loss, and repetitive stress injuries including carpal tunnel syndrome<\/p>\n
Common types of carpentry accidents include:<\/p>\n
While it is important that Employers protect their workers, employers often utilize those same rules against their employees<\/b> when a worker’s compensation claim is filed by an injured employee.<\/p>\n
One of the most common violations that an employer will claim is a failure of the employee to wear appropriate fall protection<\/b><\/a> when working at heights, such as on a roof or scaffolding<\/a>. If the employer can prove a willful violation of this rule, or any other safety rule or regulation that was clearly made known and enforced by the employer prior to the accident, and this violation was a proximate cause of the employee’s accident, then the employee would not be entitled to recover in Virginia. In North Carolina, that recovery would not be completely barred, but only reduced by 10% under those circumstances, via N.C.G.S. 97-12 (3)<\/a>.<\/p>\n So, in Virginia, what do you do if you encounter such a defense in your workers comp case? Well, if you can prove that the employer routinely and knowingly<\/b> allowed the supposed rule to be violated by your fellow employees, then that will defeat the defense.<\/p>\n Another common claim by the employer is that the employee was intoxicated<\/b><\/a> at the time of the accident. This subject can take up an entire article in itself, but for now, the workers compensation intoxication defense in Virginia must be proven by a BAC report which is typically done at the hospital following the accident. If the report says that the employee had a BAC over the legal limit for driving in VA, which is contained in VA Code 18.2-266<\/a>, and .08 per 210 liters of breath, then there is a rebuttable presumption that the employee was intoxicated due to the consumption of alcohol. The same is true if controlled substances are found in his or her system. That same statute now contains the following blood concentration limits for a presumption of intoxication, if found at a level equal to or greater than:<\/p>\n (a) 0.02 milligrams of cocaine per liter of blood,<\/p>\n (b) 0.1 milligrams of methamphetamine per liter of blood, (a.k.a.”Crystal Meth”)<\/p>\n (c) 0.01 milligrams of phencyclidine per liter of blood, (a.k.a.”angel dust”) or<\/p>\n (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine (a.k.a. “Ecstasy”) per liter of blood.<\/p>\n Such evidence can only be overcome by clear and convincing evidence.<\/p>\n In North Carolina, if proven, intoxication of the employee is also a complete bar to recovery but in the workers compensation context, but per N.C. G. S. 97-12<\/a>, “intoxication” means the employee shall have consumed enough of the intoxicating beverage or controlled substance<\/a> “to cause the employee to loose the normal control of his or her bodily or mental faculties, or both, to such an extent that there was an appreciable impairment of either or both of these faculties at the time of injury.” So it’s a little more of a subjective standard.<\/p>\n Many times, an employer will claim that a carpenter does not qualify for worker’s compensation because the worker is just an independent contractor and not an employee. Generally, only employees are entitled to workers’ compensation benefits.<\/p>\n Many times, the employer is wrong.<\/b> Many times, you are really in the category of an employee, even though the company that hired you says otherwise. The employer does not have the final say over your employment status. Our firm works aggressively to show that you are indeed an employee. The basic test for determining your employment status is whether your employer has control <\/b>over when and how you work. Some of the factors that indicate that you are an employee and not a contractor include (that the employer did control your activities) are:<\/p>\n Note that the presence or absence of each and every one of these factors is not required, but generally, someone who has all his own tools, is paid per job, shows up to the job whenever he or she is free to do so, and works for multiple customers or entities each month, would generally be considered a subcontractor and not an employee.<\/p>\n Another Common Issue in Carpenter and Other <\/i>Construction Cases<\/i><\/a>: Lack of Workers Compensation Insurance <\/i><\/p>\n Let’s face it. Owning your own construction company can be an expensive endeavor, and it is well known that injuries are common in carpentry and construction in general. So, we often find that the small operators with just a few employees will attempt to “fly under the radar,” and fail to purchase workers compensation insurance, or let their insurance lapse when business is slow. What do you do if you are injured on the job and this happens?<\/p>\n In most cases, assuming your employer is part of larger project, things can be remedied. In Virginia, if your direct employer did not have workers compensation insurance, then we can look to the contractor who hired your direct employer, oftentimes the general contractor on the job) and if that contractor had workers compensation insurance, then you would come under that employer’s insurance. That higher-level contractor is what is known as your “statutory employer” for the purposes of workers compensation.<\/p>\n What if your employer was the only contractor on the work site and failed to carry workers comp insurance? Is there still anything you can do if you are hurt on the job? The answer, at least in Virginia, is “yes.” First you must prove your employer was required, under Virginia Law, to purchase and maintain workers compensation insurance. That typically means he or she must have had 3 persons regularly employed in the business. Assuming that is true, Virginia fortunately has available the Uninsured Employer’s Fund or UEF<\/a>, which is maintained by the Commonwealth for just such situations. Once they get involved in the claim, assuming you can prove your claim, the Fund, which is maintained by the Office of the Attorney General, wills step in and cover you.<\/p>\n Unfortunately, unlike Virginia, in North Carolina, if the principal contractor obtained a certificate from the subcontractor that your employer was properly insured at the start of a project, and your employer let his or her insurance lapse, and the principal contractor was unaware of the lapsed policy, there is no recourse against the principal contractor, unless the principal contractor elected to purchase a blanket policy that covered all subcontractors and their employees on the project.<\/p>\n And it unfortunately gets worse in North Carolina, because there is currently no type of Uninsured Employer’s Fund in North Carolina<\/b>. So, in other words, in many cases, if you are hurt on the job in NC and your employer failed to carry workers’ comp insurance, you essentially have no recourse. <\/b><\/p>\n What they do have are harsh consequences under the law for an employer that was obligated to purchase workers compensation insurance in North Carolina, but willfully failed to do so. N.C.G.S. 97-94<\/a> says the employer is liable to be prosecuted for a felony<\/b> in such circumstances. There are also substantial fines of $50-100.00 per employee PER DAY for this violation.<\/p>\n But this is a small consolation for the thousands of N.C. Workers who get injured on the job who have no recourse. We believe that is long past time for North Carolina to do as Virginia has, and establish an Uninsured Employer’s Fund. In 2013, a House Bill<\/a> was introduced in the State Legislature in Raleigh establishing an Uninsured Employer’s fund, but failed to pass. As in Virginia, the money could be raised from a modest tax on employer workers compensation insurance premiums paid in North Carolina. And of course, the fund should be administered by the Attorney General’s office and should aggressively pursue re-payment of monies paid out from those employers who failed to purchase workers comp insurance who must be covered by the fund.<\/p>\n Once a carpenter notifies his\/her employer that an injury has occurred (the notice should be given promptly to the employer or a supervisor promptly, certainly no later than 30 days after the accident), the carpenter can claim the following benefits for worksite injuries:<\/p>\n <\/p>\n At Joe Miller Law Ltd., our Virginia and North Carolina workers’ compensation has been fighting for injured workers for more than 30 years. We’ve helped thousands of injured employees obtain just compensation for all their medical expenses, temporary wage loss benefits, and permanent wage loss benefits. We fight to show carpenters are employees. We work to ensure your employer doesn’t force you back to work before you’re healthy. We work with your medical team to show just how serious your injuries are \u2013 and why your injuries prevent you from working.<\/p>\n To assert your right to compensation, call attorney Joe Miller, Esq., at 888-667-8295<\/b><\/a> or fill out our contact form<\/a> to make an appointment.<\/p>\n Our firm currently uses remote services for clients who wish to talk with us from home. To use our remote services, please look at our New Electronic Case Review<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Carpenters help build homes and businesses across North Carolina and Virginia. They set the foundation for the work stone masons, glaziers, and many other types of construction workers do. Unfortunately, carpentry work is dangerous. Many workplace accidents cause construction workers to lose time from work while they seek medical help. Carpenters can claim work injury … <\/p>\nContesting the employer’s defense that a worker is an independent contractor<\/a> and not an employee<\/h3>\n
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What workers’ compensation benefits are injured carpenters entitled to claim?<\/h3>\n
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