#hurtatwork

Adult Supervision Is the Number One Way to Prevent Playground Injuries

Seventy-five percent of playground injuries take place on public playgrounds.

According to the Centers for Disease Control (CDC), at least 200,000 children age 14 or younger are treated in emergency rooms each year for playground-related injuries. More than 10 percent of these are traumatic brain injuries (TBIs), and the rate of TBIs is rising.

Because public playgrounds are numerous and easily accessible, most kids spend their time on these rather than private playgrounds. Thus, the largest percentage of playground injuries take place on public facilities. Monkey bars and climbing equipment are responsible for the highest number of injuries.

But despite the risks, we know kids love playgrounds and benefit from the exercise and social interaction. The good news: Adults can play a key role in keeping kids safe on their favorite playgrounds with these tips and resources:

Keep Your Kids Safe With These Tips

Here are four top risks that cause playground injuries.

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for full size.

Areas underneath the equipment, known as fall surfaces, should be made of soft material such as wood chips, mulch, sand or rubber.

Inspect equipment for any piece (especially metal) that may be hot from the sun.

Watch for hazards or protrusions like bolts, hooks, stumps or rocks that could trip or cut children.

Look for neglected maintenance, such as rusty or broken equipment.

Make sure kids wear safe clothing. No loose scarves or hoodies with drawstrings, as these can become a strangulation hazard if entangled with equipment. Shoes should be comfortable for play and protect feet, like sneakers. Tie long hair back as well.

Make sure there are strong and sturdy guardrails to prevent falls.

Your children should be using age-appropriate equipment. Read all playground signs for warnings and instructions.

Most importantly, the best way to prevent injuries is parental supervision. Talk to your kids about appropriate playground behavior before you visit the playground and watch them while you’re there.

More Resources for Safe Playgrounds

To ensure your local playground is safe, the National Recreations and Parks Association has a network of Certified Playground Safety Inspectors (CPSI). The CPSI certification program provides comprehensive and up-to-date training on playground safety issues, including hazard identification, equipment specifications, surfacing requirements and risk management methods. To find your local CPSI, click here.

A thorough playground safety checklist and ranking tool, created by the National Program for Playground Safety, can be found here. If you see safety hazards or poorly maintained equipment, reach out to the owner as soon as possible. In most cases, this will be a school or park district.

Proud to have been able to help this sweet lady that was hurt at work and the company denied her claim get the settlement she deserved for her medical care.

Attorney Martha Ramsay Wins Settlement for School Administrator Injured on the JobShare Article

North Carolina attorney Martha Ramsay, founder of the Ramsay Law Firm, P.A, wins a settlement for a school administrator who sustained severe injury on school property and is now permanently disabled.

Attorney Martha Ramsay

My client just wanted her medical bills paid. I'm pleased we were able to get that and more for this dedicated public servant.

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CHARLOTTE, NC (PRWEB) MAY 19, 2017

Injury and workers’ compensation attorney Martha Ramsay recently won a settlement (Case No. Y30142 filed with the North Carolina Industrial Commission) where a school administrator (plaintiff) suffered severe injuries after falling at work. According to court documents, the school’s insurance company allegedly never acknowledged the plaintiff, who is now permanently disabled and retired, as having a legitimate claim or that her injuries were that severe, despite having a torn meniscus and lower back and hip pain.

The judge in the case, at a prior hearing, issued a decision awarding the plaintiff payment for lost time from work and required the defendants to pay past and future medical bills, as ordered by the doctors. Court documents further state the defendants failed to comply with the judge’s decision, prompting Ramsay to file a motion to show cause to enforce the decision. The court reviewed the motion and agreed there was sufficient evidence that the defendants were not in compliance, and set a date for another hearing.

However, prior to the second hearing date, the defendants agreed to pay penalties for their failure to comply. The parties entered into a consent order cancelling the hearing, but requiring the defendants to correct their failure. The defendants recently paid a lump sum settlement to the plaintiff and the North Carolina Industrial Commission approved the settlement.

“My client just wanted her medical bills paid. I'm pleased we were able to get that and more for this dedicated public servant,” said Ramsay, who is also a workers’ compensation panel attorney for the National Football League Players Association.

“Martha worked with me every step of the way and was genuinely helpful and caring,” said the plaintiff, Gloria Hawks. “Martha always has her client’s best interest at heart. She is dedicated to fighting for her client’s rights through the legal system.”

About Martha Ramsay, Ramsay Law Firm, P.A. Martha Ramsay has been fighting for injured workers and accident victims for more than 20 years. Ramsay is a member of the North Carolina Academy of Trial Lawyers, Advocates for Justice and the Million Dollar Advocates Forum. Ramsay Law Firm, P.A., is a protector of injured individuals, whether injured at work or on the road. For more information, please call (704) 376-1616, or visit http://www.ramsaylawfirm.com. The law office is located at 10610 Metromont Parkway, Suite 205, Charlotte, NC 28269.

“I had a head injury on the job and the company fought my claim.  I was referred to Ms. Ramsay and the Ramsay Law Firm by a close friend and former client of Ms. Ramsay's.  Ms. Ramsay was more than willing to check up on me.  She is a God-send.  They kept me informed about everything, even doctor's appointments.  They were even concerned about my family!  Martha feels like a part of the family - always listening to my complaints.  The only word I can think of for her and the Ramsay Law Firm is EXCELLENT!  William, Gastonia, 5/17/17″

What can happen if the insurance company doesn’t believe that you have a compensable claim? They’ll deny your case. Let me give some common examples of reasons for denial: 

     1. The employer may say that you were not working for them at the    time you were hurt.   

     2. The insurance company may say that you were never hurt at all and that you were lying about your injury.      

     3. They may say that your injury doesn’t meet one of the three theories of liability under the Workers’ Compensation Act. The Plaintiff (the injured worker) has the obligation to show that they were injured by an accident, by a specific traumatic incident, or an occupational disease.

If you were hurt at work in North Carolina and the insurance company denies your claim, we are going to try and get them to reverse that decision, because that is the fastest way to get benefits for you. If we can’t get them to reverse their decision, we can file a Form 33, requesting a hearing before the Industrial Commission and present your case to a judge who can force the insurance company to award benefits to you. What happens to you in the meantime? You’re in a very tough position. Workers’ Compensation will not be responsible for paying for any medical bills or for any time out of work. That must come out of your pocket during the period of the denial. We help our clients by seeking low-cost clinics and encouraging them, if it’s possible, to file for unemployment or return to work in a light duty job so you have some monies during this difficult time. 

I represent injured workers- people who have been hurt on the job.  Over the years, I have seen small businesses collapse when there is an accident which injuries an worker.   Why?  The company was trying to run “lean” and failed to buy the legally required insurance to protect themselves and their employees.  

How does this happen?   Small business owners know the importance of remaining lean- adding permanent employees only when there is enough work.  Since they are concerned about having enough work at first, they start many workers out as subcontractors or “independent contractors.” The difficulty becomes when the subcontractor is working enough (or in a manner) that they should be categorized as an employee- and the company fails to realize it.  

North Carolina uses a carrot and stick approach to convince businesses to buy workers compensation insurance.  Businesses who have three employees (or more) MUST buy workers’ compensation coverage.  The owner counts as an employee.  Part time employees count as an employee.  Failure to have coverage in place will subject the business to financial penalties of up to $100.00 per day.  Any person with the “ability and authority” to bring the employer into compliance faces misdemeanor or felony convictions.  The North Carolina Attorney General’s office has an attorney assigned to prosecute such companies.   That’s the stick.  

Treating a worker as an employee protects the business against a lawsuit from the worker for negligent injury.  North Carolina law prohibits an employee from suing their employer for a wrongful act on the part of the employer which causes an injury.  A workers’ compensation policy pays for the worker’s damages due to the injury.  That’s the carrot.  

Can’t the company and the worker just agree that the worker is a subcontractor and avoid all these workers’ compensation issues?   No.  Just like the IRS, the court system doesn’t care how the company defines the relationship with the worker.  They look to the facts of the employment to determine whether a worker should be treated like an independent contractor or an employee.  I have won a case where the worker signed a contract stating he was an independent contractor- but the facts showed he was an employee.  

The degree of control and independence must be considered in evaluating the workers’ status.  This falls into three categories:

1. Behavorial:  Does the company control or have the right to control what the worker does and how the worker does his or her job?  Can the worker have someone else perform the work?  Can the worker hire his own assistants to help him?  Is there a required time and place for the work to be performed?  Who controls the work space?  

2. Financial: Who controls the business aspects of the worker’s job?  These include things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, who provides the materials for the work.  

3. Type of Relationship: Are there written contracts for each job?   Are there employee type benefits (pension plan, insurance, vacation pay, etc.)?  Was the work an individual project or continuing job duties?  Will the relationship continue?  Is the work performed a key aspect of the business?  Does the worker work for other companies?  Can the worker turn down a job and still come back for more business later?  If they turn down work, are they “fired”?  

There is no one factor that stands alone in making this determination.  The key is to look at the entire relationship and consider the degree or extent of the right to direct and control.  

If the court determines that the injured worker is an employee and there is no insurance, then the company is responsible for paying for the worker’s medical bills, lost time from work and permanent injury.  The court will also assess a penalty for the failure to purchase insurance and consider criminal charges against the owners and officers of the company.  If the company subcontracts work to a subcontractor who does not have workers’ compensation insurance, the company may be liable for the work-related injuries of those employees, regardless of the number of employees you or the subcontractor employs. How much will workers’ compensation cost? Premiums are based on the company’s payroll and type of work performed, so the costs for a web design company to obtain coverage will be far less than a roofing company.   Low risk companies and companies with good safety records pay less.  If you are just starting out and have a small company- your small payroll translates into smaller premiums.