Worker injured when tree fell in Huntersville

A construction accident injured one worker on Vanstory Drive in Huntersville, last Thursday, December 29.

According to the report, a construction worker was clearing a site near Vanstory Drive when a tree fell on him. The worker sustained injuries that were considered life-threatening. He was transported to a local hospital for treatment. His condition remains unknown.

The worker’s identification is being withheld by the authorities until the victim’s family members have been notified.

The Huntersville Police Department as well as the Occupational Safety and Health Administration were called to the scene to determine the cause of the accident. No arrests have been made, as the investigation is still in progress.

If you or someone you know has been physically or mentally harmed in the workplace, and your employers did not offer you sustainable workers’ compensation, you may be entitled to certain financial claims. Our lawyers at Scudder & Hedrick, PLLC. are experienced in worker’s compensation and can help you receive your deserved compensation. Get in touch with us at (910) 488-1600 to learn more about your legal options.

Worker dies following serious construction accident

A machine operator who died in a tragic work accident near McFadyen lake and Offing Drive has been identified as James (J.W.) Ivey by the authorities.

According to the report by ABC 11, Ivey, an employee of Fayetteville Public Works Commission for 13 years and a water resources crew leader, was operating a skid steer when it suddenly tipped over into the lake. The crews near the site immediately pulled the machine out of the water with hopes of saving Ivey. However, he was no longer inside the excavator when it was recovered.

Ivey’s body was later recovered with the help of local divers who responded to the scene. Witnesses told the investigators that Ivey was fixing the sewer lines damaged by Hurricane Matthew prior to the accident.
Initial investigations show Ivey was inside a skid steer loader near the lake when the bank under the machine collapsed, causing it to overturn. The Occupational Safety and Health Administration is also conducting an independent investigation.


Social Security vs. workers’ compensation benefits

In case of disability, whether partial or permanent, workers can obtain workers’ compensation benefits as well as Social Security (SS) benefits. Workers in need should not the former two services are not the same thing.

One of the prerequisites of SS benefits is that the total physical or mental disability or impairment will prevent you from working for a year or more. Someone with temporary total disability shorter than 12 months will not qualify to claim Social Security disability benefits. One prerequisite of disability is the employee cannot gainfully work as a result of his injury.

Money obtained from workers’ compensation may be credited against your Social Security benefits or vice versa. If you file for a workers’ compensation claim after you begin to receive Social Security benefits, Social Security may want to offset the benefits it pays you against your workers’ compensation benefits.

These technicalities can be difficult to follow, especially if you are unfamiliar with the process of applying for benefits. Contact Scudder & Hedrick, PLLC. at (910) 488-1600 for help filing for disability benefits if you are unable to work because of your injuries.

Temporary Disability Benefits in North Carolina

If your work injury in North Carolina has resulted in lost wages or a nonreversible impairment, you will receive some kind of benefits. The first hurdle many people have is proving their disability, and the North Carolina Industrial Commission may get involved if your employer doesn’t see things your way.

There are two types of Temporary Disability benefits in NC workers’ compensation:

Temporary Total Disability Benefits (TTD) – These payments are distributed as someone recuperates from their accident or illness. Following a seven day waiting period, TTD benefits can be paid for up to 500 weeks, receiving extensions for specific circumstances. These benefits are about two-thirds the amount of the employee’s average weekly salary.

Temporary Partial Disability Benefits (TPD) – These benefits start off in a way that is similar to TTD. They are also paid while the employee is healing, have a seven-day waiting period, and can last for up to 500 weeks. However, in these cases, the employee has returned to work immediately and is merely receiving a reduced salary due to working less or being unable to perform in all tasks fully. The amount that these people receive is two-thirds whatever the difference between wages earned before and after the injury or illness.

The waters of worker’s compensation in North Carolina are often difficult to navigate. For assistance in receiving compensation for your injury, contact one of our attorneys with Scudder & Hedrick, PLLC. by calling (910) 488-1600 today.

Instructions in Case of Workplace Injury

There are plenty of ways in which an employee can be injured during the performance of their job. In the event you have been hurt due to your job, here are the steps to take:

  • Tell the appropriate person about your injury right away. There should be sufficient health care provided for the level of your injury and this can make sure you get that in the appropriate amount of time.
  • Tell your personal healthcare provider. If there is no provided healthcare from your employer, see someone at the appropriate level of care or your personal doctor. Be prepared to provide all of your employer’s information so that Worker’s Compensation will take the hit instead of you.
  • Tell the owner of the company or your employer’s superior about the accident. 
  • As quickly as possible, but before 30 days, give a physical report of the accident. This is for the benefit of your employer’s and your records.
  • Follow any physician instruction.

In the case that you are injured in your workplace, you have rights to compensation. Contact an attorney with Scudder & Hedrick, PLLC. at (910) 488-1600 to discuss these options.

NC Workers’ Compensation Law Coverage

Workplace injuries are always valid for claims under North Carolina (NC) Workers’ Compensation Law so long as they are caused by an accident that occurred from a required task of employment under an employer covered by North Carolina’s Workers’ Compensation Act.

One of the many ways companies and insurance try to contest this is by questioning the validity of the incident being an accident. The North Carolina Industrial Commission (NCIC) has been forced to make such a call hundreds of times. One type of injury that is never subject to such scrutiny are back injuries that are caused by specific trauma. Some of the more common workers’ comp claims arise from falls, machine accidents, load handling accidents, and automobile accidents. Some occupational diseases can be recoverable if the employee does face higher risk to certain exposure directly related to the job or if working conditions are not up to standard.

Any accident is coverable, even if it is the employee’s fault unless it was specifically inflicted or caused by intoxication.

If you have questions pertaining to your workers’ compensation claim or you feel as though you’ve been cheated out of rightful compensation, contact an attorney from Scudder & Hedrick, PLLC. today. Call us at (910) 488-1600 to set up an appointment.

Window washer survives 10-story fall

A 24-year-old worker for Pro Window couldn’t believe he was still alive after he fell from a 10-story high-rise building on Friday, September 9.

Martin Stanford was washing the windows of the Maritime Square building just after 1:30 p.m. that Friday when he fell.

“When I first started dropping, I saw how high up I was,” he says. “The first thing I thought was that I’m about to die, and then I woke up in the hospital and I was still alive.”

He finally stood again after a mere three days of surgery and was discharged from the Intensive Care Unit on the same day. He faced injuries to his arm, foot, back, lungs, and heart. Standford is deeply thankful to the man who saw him fall and called for help—aside from a plate and a few screws permanently embedded in various parts of his body, he’s happy to be alive.

The Virginia Department of Labor and Industry says there will be, at most, six months worth of investigation before a decision is made to issue citations or charges.

If you or someone you know has been badly injured or killed on the job due to insufficient safety practices, you may have a claim to financial compensation from your company. Contact an attorney with Scudder & Hedrick, PLLC. at (910) 488-1600 to discuss your case today.

Restaurant workers treated for potential CO poisoning

Edenton Police say at least 15 workers at a Chowan County restaurant and catering service got sick and were treated at different hospitals because of suspected carbon monoxide poisoning on Wednesday, August 24.

Police also received a report that some Leon Nixon Catering workers were sick. Police Chief Jay Fortenberry reported that while the workers were all conscious, the responding officer ordered an evacuation because several people were getting ill. Approximately 15 patients were treated at Vidant Chowan Hospital on Wednesday for carbon monoxide poisoning. Nine were moved to Duke University Hospital in Durham for specialized medical treatment. The daughter of the restaurant owner, Jennie Droze, said firefighters determined the leak evidently came from an elbow connector that fell off a pipe leading to a water heater.

If you or a loved was injured on the job, contact the Fayetteville workers’ compensation attorneys at Scudder & Hedrick, PLLC. today. By calling (910) 488-1600, we can discuss your situation and you can learn what we can do for you.

Summary of workers’ compensation

The definition of workplace compensation has grown since its beginnings in the early 20th century, now including a range of occupational diseases to join the list of physical workplace injuries.

People who are injured or fall ill due to workplace involvement, that subsequently leads to a loss of wages, medical expenses, or permanent disability, qualify for workers’ compensation. Benefits can include vocational retraining and different programs to resume work. If a worker is killed on the job or succumbs to an occupational disease and has dependents, they are also able to receive support, depending on state laws.

If there is a guarantee of insurance coverage and benefits for someone with a valid workers’ compensation claim, that person cannot sue their employer for negligence; if the injuries sustained were purposefully incurred, a lawsuit may be filed. Because of this, punitive damages, pain and suffering damages, and other tort damages are not included in workers’ compensation.

If you or a loved one have been affected by a workplace injury or occupational illness, you may be eligible to receive worker’s compensation. Sometimes the road to compensation is too long or you have been left unable to help yourself, and in these cases, the lawyers of Scudder & Hedrick, PLLC. are standing by to assist you. Contact us today at (910) 488-1600.

Workers’ Compensation in North Carolina

Workers’ compensation is a form of insurance in which an employer provides wage replacement and medical benefits to employees who were injured on the job. The North Carolina Workers’ Compensation Act requires all businesses with three or more employees to obtain worker’s compensation insurance for their employees.

This requirement applies to corporations, sole proprietors, limited liability companies, and partnerships. Even if your boss is considered an independent contractor, as long as the employer controls aspects of your job, such as your work, your hours, or your method of pay, you still might still be considered an “employee” under the Act and qualify for workers’ compensation benefits.  Workers’ compensation covers injury, injury by accident, and injury that occurs in the course of your employment. An injury can be traumatic, such as a broken bone or torn ligaments, or the development of a disease related to your job. Only injuries “by accident” are covered under the North Carolina workers’ comp system.

If you have been injured on the job, we’re here to help. A workplace injury may leave you feeling worried and alone, but it doesn’t have to be that way. Contact the Fayetteville workers’ compensation attorneys of Scudder & Hedrick, PLLC. today by calling (910) 488-1600 to learn what we can do for you.


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