Tag Archives: North Carolina

Increase in Work-Related Fatal Injuries in 2015 – North Dakota the Highest

Today’s post comes from guest author Anthony L. Lucas, from The Jernigan Law Firm.

According to the Census of Fatal Occupational Injuries, in 2015 the number of work-related fatal injuries increased nationally. There were 4,836 work-related fatal injuries in the United States and 150 work-related fatal injuries in North Carolina compared to 4,821 in 2014.

After the oil-and-gas industry’s sharp increase in work-related fatal injuries in 2014, the industry saw a 38 percent drop in 2015. The occupation with the most reported work-related fatal injuries was “heavy and tractor-trailer truck drivers” with 745. However, logging workers had the highest work-related fatal injury rate at 132.7 per 100,000 workers.

North Dakota reported the highest work-related fatal injury rate at 12.5 per 100,000 workers and Rhode Island recorded the lowest rate at 1.2 per 100,000 workers. North Carolina’s 2015 work-related fatal injury rate was 3.4 per 100,000 workers, with a total of 150 fatalities. In 2014, North Carolina had 137 work-related fatal injuries.

 

2015 Fatal Occupational Injuries Counts and Rates by State of Incident

 

Count

Rate per 100,000 Workers

Alabama

70

3.7

Alaska

14

4.1

Arizona

69

2.4

Arkansas

74

5.8

California

388

2.2

Colorado

75

2.9

Connecticut

44

2.6

Delaware

8

1.9

District of Columbia

8

2.4

Florida

272

3.1

Georgia

180

4.3

Hawaii

18

2.6

Idaho

36

4.8

Illinois

172

2.9

Indiana

115

3.9

Iowa

60

3.9

Kansas

60

4.4

Kentucky

99

5.5

Louisiana

112

5.8

Maine

15

2.5

Maryland

69

2.4

Massachusetts

69

2.1

Michigan

134

3.1

Minnesota

74

2.7

Mississippi

77

6.8

Missouri

117

4.3

Montana

36

7.5

Nebraska

50

5.4

Nevada

44

3.5

New Hampshire

18

2.7

New Jersey

97

2.3

New Mexico

35

4.1

New York

236

2.7

North Carolina

150

3.4

North Dakota

47

12.5

Ohio

202

3.9

Oklahoma

91

5.5

Oregon

44

2.6

Pennsylvania

173

3.0

Rhode Island

6

1.2

South Carolina

117

5.6

South Dakota

21

4.9

Tennessee

112

3.7

Texas

527

4.5

Utah

42

3.2

Vermont

9

2.9

Virginia

106

2.8

Washington

70

2.1

West Virginia

35

5.0

Wisconsin

104

3.6

Wyoming

34

12.0

 

 

 

Total

4,836

3.4

 

 

Hidden Fees In North Carolina

Today’s post comes from guest author Hayes Jernigan, from The Jernigan Law Firm.

NBC Nightly News reported on December 9, 2015 that North Carolina is one of the worst states when it comes to charging hidden fees for traffic tickets. The segment reported that hidden fees in NC increased an original traffic ticket of $30 over seven fold to $218. While the State has to find funding for the many services they provide that are not profitable, NBC News reported that some of these “hidden fees” pay partly for court costs. But there might be more appropriate places to assess fines to cover court costs.

In 2014 the UNC School of Government wrote a blog based on the Court of Appeals decision in Tyll v. Berry, stating that a party held in civil contempt for failing to obey a court order can be assessed a fine, not just imprisonment.  However, the State Legislature just passed a law clarifying that when someone is found to be in civil contempt a monetary fine is not an appropriate remedy.

Seems to me that a fine is exactly the appropriate remedy when a party fails to obey a court order and that such a fine, payable to the court rather than the opposing party, could be a valuable source of funding for court-related costs. Fines for civil contempt could also alleviate some of the pressure to assess large “hidden fees” for minor traffic violations.  

Read more here: http://nccriminallaw.sog.unc.edu/thought-you-understood-contempt-think-again/

Texas Trench Collapse Results in $400k OSHA Fine and 16 Safety Violations

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

On July 22, 2015, Hassell Construction Co. was cited by OSHA for 16 safety violations (including 6 egregious willful violations) and given a whopping $423,900 fine. Hassell Construction Co. is a construction company based in Richmond, Texas with about 150 employees that construct water and sewer lines around Houston, Texas. The employer was given 15 business days to comply with each citation, request an informal conference with OSHA’s Houston South area director, or contest the citations and penalties before the OSHA Health Review Commission.

These citations were given after a trench that was 8 feet below the ground collapsed in February crushing an unsuspecting employee. Luckily, the worker was dug out by his co-workers using their bare hands. The minute the worker was freed from the trench, the trench collapsed a second time.

According to OSHA’s regional administrator in Dallas, John Hermanson, “Hassell Construction knew its trenches weren’t safe, but still put its workers in harm’s way.” Due to the fact that trench cave-ins such as the one in February are completely preventable OSHA has also placed the construction company in the Severe Violator Enforcement Program which often inspects employers and mandates follow-up inspections to ensure that they are complying with the law. In North Carolina, a similar incident allowed the employee to sue the employer directly and overcome the exclusivity provision of the North Carolina Workers’ Compensation Act. Woodson v. Rowland. 373 S.E.2d 674 (1988).

Read about the citations here: https://www.osha.gov/ooc/citations/HassellConstruction_1031127_0722_15.pdf

Original Article 7/22/15 posted on WorkersCompensation.com.