Charlotte Factory Accident Attorney
Factory workers are frequently in potentially dangerous situations at work. So much can happen in a factory setting to cause a workplace accident and cause you to suffer an injury. In the event that you are injured in the workplace, it is vital that you take the proper steps to protect yourself by hiring a Charlotte factory accident lawyer to represent your interests and ensure that you receive your workers compensation benefits.
Thanks to the North Carolina Workers’ Compensation Act, virtually every company in the state that employs at least three people must carry workers compensation insurance in the unfortunate event that one of their employees is injured on the job. This includes factory workers who may be dealing with a catastrophic injury brought on by a bad accident. A good workers compensation lawyer and a good injury attorney can help make sure you aren’t taken advantage of.
Industrial and manufacturing jobs like factory work are potentially hazardous thanks to the dangerous work environments, constant exposure to dangerous chemicals, and heavy machinery that could cause disastrous injury if it malfunctioned.
OSHA Safety Standards
The Occupational Safety and Health Administration (OSHA) has certain national standards for safety protocols in general industry work, including factories. The standard operating procedures for certain industry jobs should adhere to more than a few general OSHA standards to ensure the well-being of every employee. Here are some OSHA standards that can help ensure the general safety of factory workers:
- Respiratory protection: It is vital in a factory setting that employees are provided with standard-issue respiratory protection when working with hazardous chemicals or poisonous vapors. This includes protection for eyes, feet, hands, head, and respiratory systems, as well as specific training for how to use this equipment properly. Respiratory protection plans must include:
- Proper procedures for how to use respirators in the workplace.
- Fit testing for respirators.
- Consistent medical evaluations of the employees who have to use respirators on a daily basis.
- Proper usage of respirators during emergency situations as well as usual procedures.
- Schedules for cleaning, storing, disinfecting, and throwing away respirators.
- Proper training about respiratory hazards.
- Consistent evaluation of the respiratory program’s efficacy.
- Hearing protection: OSHA establishes a noise standard for some places of work, such as airlines or factories. Some places can be considerably loud and can expose employees to aggressive ringing or humming in the ears following the workday. If these issues persist, it may be pertinent to establish a hearing protection program that can address acceptable noise limits in the workplace.
- Emergency action plans: OSHA established emergency action plans, or EAPs, to help factory workers and contractors know the most effective way to handle an emergency situation should one arise in the workplace. There are many different kinds of emergencies that can affect a factory, so there are multiple different EAPs in place for every situation, such as:
- Civil disturbances.
- Fires and explosions.
- Hurricanes, earthquakes, and tornadoes.
- Chemical spills.
- Emergency evacuations.
Common Factory Injuries
Factory workers have to stay focused at all times in order to get their work done, but also to ensure that accidents don’t happen. However, when they do happen, it is important to act quickly and make sure you take the proper steps to protect your health and also your future workers compensation claim. Here are some of the more common injuries that may affect factory workers:
- Electrocution: Electrocutions are, unfortunately, not a rarity in a factory setting. One exposed live wire can cause you a serious, life-threatening injury that could impact the rest of your life if you survive. It is vital that you are properly trained on all the equipment you are supposed to use, as handling electric machinery can result in electrocution if improperly used.
- MSDs: Consistent overexertion can lead to MSDs, or musculoskeletal disorders. Factory work can be physically demanding, as it involves constant physical activity, standing on your feet for prolonged periods of time, and doing work that can affect your posture and cause joint pain. During daily operations, it is important that you take some time to stretch and perform tasks correctly without causing yourself undue overexertion.
- Falling objects: Many factories are large places of business with a lot of different activities happening at any given moment. There are often multiple floors of activity, and this can open employees up to injuries from falling objects. It is important that while on the factory floor, you wear a hard hat or some other protective gear that can protect your head from the dangers of falling debris.
- Industrial deafness: OSHA standards try to establish an acceptable level of noise in any given workplace, but that can be hard to enforce. Factories can be very loud places of business, and employees often report gradual hearing loss as a result of working next to loud machinery on a daily basis. To protect yourself from industrial deafness, wear OSHA-approved ear protection or see if your factory has a quiet room.
- Repetitive stress: Performing the same physical tasks over and over for extended periods of time can lead to repetitive motion injuries with symptoms that include persistent pain, tingling sensations, and overall numbness. Using the same muscle group for an entire day of work can cause repetitive stress. It is important that you take time out of your day to stretch and make sure you move from one spot at least several times per day.
- Harmful exposures: Some factories open employees up to exposure to harmful chemicals and substances. Toxic fumes can cause all sorts of medical problems, especially if you are exposed to them for prolonged periods of time. Long-term exposure can result in the development of illnesses like various cancers and respiratory problems. If you develop a bad condition as a result of exposure to harmful chemicals, an experienced Charlotte Factory Accident Lawyer can help with your claim.
- Machinery injuries: Working with machinery in a factory setting can be dangerous. If you are not properly trained on that equipment, one false move could result in a serious, life-threatening injury that could have severe consequences for your quality of life. In order to prevent machinery-related injuries, you should wear the proper protective gear and ensure you are properly trained to use all the equipment you need for your job.
What to Do in the Event of a Factory Accident in Charlotte, NC
When a workplace accident occurs, it is important that everyone involved acts appropriately. There are several steps you can take to ensure you prioritize your health as well as your impending workers’ comp claim. Industrial accidents can be especially devastating if malfunctioning machinery, harmful chemicals, or a falling object is the cause. Regardless, you can follow these steps to protect your own interests in the event of a factory accident:
- Don’t panic: In the immediate aftermath of a workplace accident, you may be feeling somewhat disoriented and unsure of your surroundings. Once you start to come around, you may begin to panic. Try not to panic, as panicking does not help your situation and can only make things worse. If you are too injured to move, call someone for help. If you feel you can move, try to get yourself to a safe area.
- Notify your employer: When your accident happens, be sure to let your employer know as soon as possible. If you are too injured to do so, you may want to consider letting a friend or family member inform your employer on your behalf.
- Seek medical attention: In the event that you are injured at your factory job, your first priority should be your overall health. Seek medical attention immediately, even if you feel your injuries are not that severe. The doctor may find internal damage you were unaware of, and it is important that you have a record of your medical history since the accident. Documentation will be vital when it comes time to file for workers’ comp.
- Follow the treatment plan: Following their diagnosis of your injuries, your doctor will provide you with a treatment plan that you should try and follow as well as you can. Following the treatment plan can help your case when it comes time to defend your workers compensation claim. If you aren’t following the treatment plan, your employer’s workers compensation insurance carrier may use it as evidence that you are faking your injury.
- Document the incident: Once a doctor has checked you out, you should return to the scene of the accident and start documenting everything you can about what happened. Take photographs of your injuries, the accident scene, and any malfunctioning equipment that may have led to the accident. Talk to any witnesses who saw the accident or were a part of it. Write down everything you can remember about the accident, no matter how inconsequential you may think it is.Make sure you record the number of work days you may have missed, and don’t throw out any emails, letters, memos, or other correspondence that has to do with your accident. You will want everything to be well-documented and ready to be presented as evidence that supports your workers compensation claim.
- Report your injury: Even if you have done so already after the initial accident, you should report everything that happened to your employer. In North Carolina, you have 30 days to notify your employer in writing about the details of your accident. If you fail to do so, you may not be eligible for workers compensation benefits, and your claim may end there. Be sure to keep a copy for your own records, and be aware that a copy of your report may be sent to your employer’s insurance carrier.
- File your claim: Once your employer has been notified of your accident in writing, you can start filing your workers’ comp claim with the North Carolina Industrial Commission (NCIC). Your employer will give you the proper form, which you will sign. Your employer will then file that form to the NCIC, but if they fail to do so, you can send it to them yourself. A copy will also be sent to your employer’s insurance carrier .Around this point in the process, you should start speaking with an experienced workers compensation lawyer who can help your case stay headed in the right direction. Your Charlotte Factory Accident Lawyer can also help you handle any stubborn employers who may be deliberately standing in the way of the progression of your workers’ comp claim for their own reasons.Some employers may see your attempt to file a claim as negative feedback on their own leadership. Others might see you as betraying the company. In truth, you are only trying to be compensated for your injuries under the fairness of the law. Your Charlotte Factory Accident Lawyer can help you make sure your claim does not slip through the cracks.
- Attend a hearing: If your claim is denied by your employer’s insurance company, you can pursue a hearing that will allow you to state your case for why you believe you deserve workers compensation benefits. You and your lawyer will argue in your favor, while the insurance company will argue against you. You may have to sit through a mediation attempt first. If that fails, the hearing may be your last hope to claim workers’ comp.
Reach Out to an Experienced Charlotte Factory Accident Lawyer Today
Working in a factory in Charlotte, NC, or any industrial setting, can be a difficult, stressful, and unpredictable job filled with its own brand of problems. There are so many different opportunities for an accident to happen, and if it does happen, it is important that you then take the proper steps to protect your interests and document everything that happens to you. The more detail you have, the higher the chance that your claim may be approved.
The legal team at Ayers, Whitlow & Dressler is more than prepared to help you develop your case, gather the evidence that helps your claim, and represent your interests against the insurance company when the time comes to fight for your compensation. Contact us to schedule a consultation with a valued team member today and learn more about how we can help you.