A preliminary state Department of Labor report indicates that 48 North Carolina workers died on the job in 2016, marking the highest workplace fatality rate since 2011.
According to the report, which looked only at DOL-regulated job sites, the most common types of fatal injuries occurred when workers were struck by equipment, falling objects or motor vehicles. Falls from roofs, scaffolding and other heights were also prevalent. This latter type of accident is particularly troubling for regulatory officials, as a DOL spokesperson said that they are usually preventable when employers have the proper safety precautions in place.
The report also found construction to be the most dangerous industry in North Carolina, followed closely by manufacturing.
While the numbers reflected an increase in fatal workplace accidents in 2016, it is worth noting that North Carolina has seen impressive gains in worker safety over the past several years. Injury and illness rates for full-time employees is at about 2.6 incidents per 100 workers—down from 5.7 per 100 workers less than two decades ago.
Employers’ responsibility for safety
All employers in the United States must provide reasonably safe work environments for their employees. The Occupational Safety and Health Administration (OSHA) has numerous regulations in place requiring that employers maintain workplaces that are free from recognized hazards and in compliance with applicable federal safety standards. This includes ensuring all workers have the proper tools and equipment to complete their work in a safe manner and warning employees of all known hazards.
In addition, OSHA requires employers to provide safety training to workers, especially those who will be using heavy equipment or dangerous chemicals and materials as part of their job duties. Employers must also post a notification informing workers of their rights and responsibilities under state and federal law.
What to do after a workplace accident
If you have been injured on the job, you must notify your employer as soon as possible. You should do this even if you believe your injury is relatively minor, as some serious injuries—such as those to the neck and back—take time to show symptoms. Reporting an accident will establish a record of the incident, which could prove helpful if you need to file a workers’ compensation claim later.
Even if your employer has agreed to cover your medical expenses, you should still file a claim with the North Carolina Industrial Commission. Do this right away, as you may be unable to claim benefits if more than two years have passed since the accident occurred.
To make a claim, use the Industrial Commission’s Form 18 Notice of Accident, and then provide your employer with a copy. You may wish to consult an attorney when completing this form, as workers’ compensation only covers injuries sustained in a workplace accident—and that can have a narrow definition depending on how you describe the incident in the form. An injury attorney will help ensure the form accurately reflects the nature of the accident and allow you to avoid a denied claim.
Once you have submitted your workers’ compensation claim, your employer or its insurance company will accept or deny it. If your claim gets denied, you will have the opportunity to request a hearing with the North Carolina Industrial Commission and state your case. Again, an experienced workers’ compensation lawyer can assist with this complex process.
To learn more about your options for receiving workers’ compensation benefits after a workplace accident in North Carolina or South Carolina, meet with a dedicated personal injury lawyer at Wallace Childers PLLC. The firm’s skilled attorneys have years of experience advocating for injured workers and their families.
