When “Safety First” Comes in Last

Catastrophic or Deadly Work Accidents

Most work accidents do not end in death or catastrophic injury, but unfortunately, some do. 

How does an injured worker or their family ensure that they obtain all benefits they are entitled to? The key is to look to the North Carolina Workers’ Compensation Act, but not stop there. Often there may be a civil action or action available as well, which will allow the catastrophically injured employer or their family to recover more than just the modest benefits provided by workers’ compensation.

Young woman industrial service electrician engineer wearing protective vest and blue technician helmet testing and checking fridge electric voltage

North Carolina’s Workers Compensation Act

As noted above, the North Carolina Workers’ Compensation Act is a statutory creation that provides limited benefits. Under North Carolina Workers’ Compensation Law, an injured employee is left with essentially two remedies, replacement of wages loss and payment of related medical expenses. Other damages available in a personal injury action, such as pain and suffering, and other intangible damages are not available. That said, in the case of a catastrophic injury, the North Carolina Workers’ Compensation Act does potentially provide the catastrophically injured worker some additional benefits.

First, a catastrophically injured worker will often have severe and life-altering injuries, making them eligible to obtain more than the 500 weeks of weekly disability benefits. Work accidents resulting in paralysis, severe burns, significant neurocognitive injuries, or loss of two limbs can be used to argue for benefits past the 500-week cap. Additional penalties can apply in situations where an employer intentionally fails to adhere to established safety regulations.

The North Carolina Workers’ Compensation Act (NCGS 97-12) provides that disability compensation to an injured employee can be increased by 10% in such situations. Lastly, there is a very rare instance in which an injured worker may pursue a negligence claim against their employer. This is called a “Woodson” claim, but it is rare for such claims to succeed. To do so, the focus must be on safety violations committed by the employer and the severity of the same. To pursue such a claim, it must be proven that the employer acted wantonly and recklessly. Such a standard is hard to meet, so an early review of the potential for a claim is essential.

Employees Injured on the Job

The Occupational Safety and Health Division of The North Carolina Department of Labor is tasked with regulating workplace safety in North Carolina. In addition to promulgating safety rules alongside Federal regulations (OSHA), the division also investigates serious workplace injuries, which employers must report subject to specific requirements. The North Carolina Department of Labor also provides a means for individuals to file complaints or request investigations. Accidents involving catastrophic injuries will receive attention. However, an injured worker should be aware of the ability to seek enforcement of OSHA standards even if their injury is “minor.” Correction of an intentional or inadvertent violation of proper safety practices can prevent more severe injuries or even fatalities in the future.

Selective focus at hat, Men worker feel painful and hurt from the accident that happen inside of industrial factory while his co-worker come to give emergency assistance and help. Accident in factory.

Report Work Injuries

In a catastrophic work injury case, it is imperative to quickly confirm that the North Carolina Department of Labor is aware of the injury, has opened a file, and initiating an investigation. (Even where an injury is not catastrophic, if there is a genuine concern about whether safety regulations were violated, it never hurts to check with the department of labor to at least determine if any investigation occurred and possibly initiate the same.) In some circumstances, it is advisable for a catastrophically injured worker to quickly obtain their own expert whose efforts will focus more specifically on the injured worker than general labor and safety standards and their enforcement. It is also essential to determine if the employer has a history of violating safety regulations and laws.

Machine vs. Man

Lastly, a catastrophically injured employee may have an action against a negligent third party. When a catastrophic work accident occurs at a workplace or work site, it often involves heavy and complicated machinery. An injured employee and their family may be able to pursue a third-party civil action against the manufacturer, installer, and possibly the entity who maintained the machinery (if not the employer). Such an action allows recovery of more than the limited remedies available under the North Carolina Workers’ Compensation Act. 

Again, an early investigation is crucial to determine the cause of an accident. When heavy equipment or machinery is involved, one of the first steps should always be to secure the machine or equipment so that an expert can investigate whether a fault in the machine design or its use was responsible for the accident. It also helps ensure that the North Carolina Department of Labor can perform an adequate investigation to determine whether the employer should be penalized and fined.

An employer or its insurance carrier has a right to pursue its own third-party claim to recover for the benefits it paid due to the injury or seek reimbursement for a claim filed by the injured employee. This can only be done a year following the injury if the injured worker chooses not to pursue a claim, and in the last 30 days before the statute of limitation, the employee has the exclusive right to pursue a claim. Accordingly, one would expect employers and insurance companies that provide workers’ compensation coverage to be motivated to thoroughly investigate the potential for a third-party claim. However, this often not the case.

An injured worker should not rely on their employer or its insurance company to aggressively investigate potential claims quickly or at all. They might not investigate due to laziness (they have not suffered a catastrophic injury or the loss of a loved one!) or even a desire not to pursue a claim against a company with whom they have a longstanding business or personal relationship.

Accidents at work will sadly always happen, but adherence to best safety practices, safety training, and obeying relevant safety regulations can prevent many accidents. Catastrophic work injuries can result from an employer’s failure to adhere to applicable safety regulations and laws or the negligence of a third party, such as a manufacturer. It is always good to consult an attorney who has the experience necessary to obtain the most benefits and damages possible for the injured worker. At The Law Offices of Jason E. Taylor, we have experienced workers’ compensation attorneys. If you have been injured at work, give us a call for a free consultation or complete a contact form, and one of our investigators will be in touch.

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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