Tag: safety

How Do I Get Workers’ Compensation?

Written by kwmlaw on August 12, 2021. Posted in Kelly & West News.

Being injured on the job can cause pain beyond physical harm. You are out of work, losing money, and have medical bills piling up. So what do you do? You may want to consider filing a claim for workers’ compensation. If you qualify, you may receive compensation for lost wages and any related medical bills. Here are a few things you need to know about these benefits.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp, is an insurance program that provides compensation for employees who are injured by accident while doing the tasks required of them by their employer. It is a no-fault remedy, meaning the employee is not required to prove fault to receive benefits. Workers’ compensation covers almost any injury caused by doing your job. However, it is important to keep in mind that workers’ compensation does not cover pre-existing injuries unless the injury was aggravated or made worse due to the employment.

Do I Qualify?

To be eligible for workers’ compensation, you must be an employee. Contractors are not eligible. You must also work for an employer that has workers’ compensation insurance. Not all employers are required to carry insurance. Finally, your injury/disease must be work-related.

Injuries covered under workers’ compensation include:

Physical injury on the job, including exposure to toxins and repetitive-motion injuries such as carpal tunnel
Pre-existing injuries that are made worse by work-related activities
Injuries caused while on break, on work-sponsored trips, or at work-sponsored events
Injuries from mental or physical stress brought on by work duties

Injuries not covered under workers’ compensation:

Self-inflicted injuries
Injuries encountered while violating company policy
Injuries encountered while violating the law
Injuries encountered while not on the job

How do I Get Workers’ Compensation?

To qualify, your on-the-job injury must have occured while you were carrying on the company’s business. If you are injured or sick at work, get medical attention immediately and inform your employer of your situation. To file a claim, you will want to gather information including what caused the injury, where it happened (if applicable), any witnesses (if applicable), and your doctor’s information. After informing your employer, he or she should give you a claim form to fill out or you can find the form and instructions by clicking here. You will then submit the form to your employer, and file it with the North Carolina Industrial Commission, as indicated on the form. Your employer (and their insurance company) then has 30 days to admit or deny your claim and should send you a written notice of this admission or denial.

What Benefits Am I Entitled To?

The policy pays for medical bills related to your injury and compensation for your lost wages up to a certain amount. You may also receive payment for permanent injuries (disability) and payment for rehabilitation services, if applicable.

When To Contact an Attorney

While many employers will not dispute your injury, if you are hurt at work, contact an attorney as soon as possible. He or she can help make sure your claim is submitted correctly and will prepare in case your employer wants to deny the application.

If you would like to talk with an experienced and caring workers’ compensation attorney, please contact us.

Skip the Speeding Ticket: 9 Tips for Safe Driving and 9 Tips for Driving in Winter Weather

Written by kwmlaw on December 10, 2020. Posted in Kelly & West News.

Driving seems like second nature sometimes. Mindlessly driving the same route every day can be dangerous, and when we get too comfortable, accidents can happen. Over time, we forget about the rules and tips we learned back in driver’s education and let memory and habit take over.

Avoid speeding tickets, DWIs, and other traffic violations. Resolve to be a more attentive driver and follow these tips to get where you’re going safely.

Everyday Driving Tips:

ALWAYS WEAR YOUR SEATBELT.
Follow speed limits and signs. They are there for a reason.
Keep your eyes moving by checking your mirrors and surrounding every 6-8 seconds. Moving your eyes can keep you attentive and aware of your surroundings.
Always use your turn signal.
Keep at least 4 seconds between you and other vehicles to allow enough space for stopping.
When you increase your speed, also remember to increase your braking distance. When your speed increases, so does the needed length for safe braking.
Always have your headlights on when the windshield wipers are on. It’s a law in North Carolina.
Keep an emergency kit (first aid, seatbelt cutter, glass breaker, blanket, poncho, etc.) in the car at all times.
Never drive under the influence of alcohol for your safety and the safety of those around you.

Winter Weather Driving Tips:

Never warm up your car in a garage or enclosed area.
Keep your gas tank at least half full in case of freezing.
Do not use the cruise control on slippery surfaces (rain, snow, ice).
Try to avoid using your parking brake in the cold, rain, or snow.
If snowing, increase your distance between cars to 8-10 seconds.
Make sure your windshield wiper reservoir is full. Use high quality “no-freeze” fluid.
Clear snow and ice off your car completely before driving.
Reduce your speed when driving in snow or ice. Speed limits are meant for dry roads, so alter according to the condition of the road.
Accelerate slowly to reduce the risk of hydroplaning.

Following these driving tips can help ensure your safety when getting from point A to point B. It is essential to keep the winter weather driving tips in mind as snow and ice season approaches in North Carolina. On behalf of the attorneys at Kelly & West, we hope you have a safe winter season!

How to Keep your Home Safe During the Holiday Season

Written by kwmlaw on December 7, 2017. Posted in Kelly & West News.

Did you know Thanksgiving is considered the most dangerous holiday? That’s mostly due to the number of cars on the road. Christmas is in the top five list for the same reason, with the added risk of inclement weather.

The holiday season is here, and accidents on the road and inside the house tend to increase this time of year. Keep your season joyful inside the house and out with these safety tips.

Indoor Tips

Fire is one of the most common hazards in December.

You should carefully inspect holiday light strings each year and discard any with frayed cords, cracked lamp holders, or loose connections. When replacing bulbs, unplug the light string and be sure to match voltage and wattage to the original bulb. Also always turn off holiday lights when you leave the house unattended or when going to bed.
Purchase a freshly cut tree; they are more resistant to fire. Keep your Christmas tree watered and away from open candles.
Never connect more than one extension cord; instead use a single cord that is long enough to reach the outlet without stretching, but not so long that it can get easily tangled.
Do not use your gas fireplace if the glass panel is removed, cracked, or broken, and only allow a qualified service person to replace fireplace parts.
Test your smoke alarms monthly to make sure they work; be sure to install smoke and carbon monoxide alarms on every level of your home — especially near sleeping areas.

Outdoor Tips

Do not store combustible materials such as gasoline, propane, paper, chemicals, paint, rags, and cleaning products near your gas furnace. Gasoline or propane cylinders should be stored outside the home.
Use an outdoor timer certified by CSA International to switch lights on and off. Lights should be turned on after 7 p.m. to avoid the electricity rush hour.
When hanging outdoor lights, keep electrical connectors off the ground and away from metal rain gutters. Use insulated tape or plastic clips instead of metal nails or tacks to hold them in place.
If you’re going to use a ladder to put up lights, you should choose the correct ladder for the job and double check for a certification mark to ensure your portable ladder complies with applicable standards.

We hope you and your family have a safe and happy Christmas and New Year! If you need help after an accident or other problem, contact us.

Tips For A Safe And Happy Holiday Season

Written by kwmlaw on December 13, 2016. Posted in Kelly & West News.

The holiday season is full of joyous traditions and celebrations. It’s a time to be surrounded by loved ones and give thanks for everything we have. The attorneys at Kelly & West want to wish everyone a very happy holiday season, but we also want you to be safe. Unfortunately, the season’s tidings also bring safety hazards, including personal injury, property damage, and traffic violations.

We wanted to take some time to reach out to our great clients and give you all some holiday safety tips.

Decrease the Chances of Personal Injury in Your Home
Holiday shopping, stringing lights, and decorating your home marks the beginning of the holiday season for many people. These wonderful traditions can also pose certain risks leading to injury. Make sure you look for potential hazards in order to keep your family and friends safe from injury when visiting your home.

Keep all of your holiday shopping apparel organized in one area with the least amount of foot traffic. This will decrease the chances of someone tripping and falling.
When decorating, make sure you use all of the appropriate equipment necessary. Use proper ladders and other tools to make sure all decorating plans operate smoothly and don’t end in someone falling or getting hurt.
The holiday decorations themselves can pose as threats. Make sure your decorations are sturdy and free of potential injury. Think about the placement of your decorations as well. Don’t leave hazardous decorations in reach of small children or family pets.
Photo credit: State Farm via Visual hunt / CC BY

Fire Hazards and Property Damage
Every year, we hear of families falling victim to house fires. The extra decorations, including candles and lights, increase the chances of this happening.

Use regulation approved outside lighting for exterior decorating.
Purchase fresh trees. You can tell trees are fresh when the needles do not fall off easily and the trunk is sticky with resin. Old, dry trees are much more likely to catch fire. If you are using an artificial tree, make sure it is fire resistant. Also, keep your tree away from the fireplace or any other source of heat.
When using candles, they should never be placed near the tree, wrapping paper, or other decorations that may set fire.
Make sure you turn off and unplug all decorations when you go to sleep or leave your home.
*Also, please note that it is very important to do routine checks of your smoke/fire alarm. Make sure the batteries are not running low and press the test button to make sure your alarm is working properly.

Holiday Traffic Causes Accidents
Ah, dreadful holiday traffic. With so many people traveling and finishing their holiday shopping, you must practice defensive driving so you don’t end up in an accident.

Wear your seat belt at all times.
Pay attention to the road and try to minimize all distractions.
Keep a safe distance between your car and the cars around you.
Follow the speed limit, even if you are late to your annual holiday party.
Choose a designated driver if you plan on drinking alcohol.

If you have any questions about holiday safety or find yourself in a situation where you need some legal advice, just give us a call. We hope you and your family have a safe and happy holiday season!