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Charlotte-Gastonia-Rock Hill, NC Metro Personal Injury Blog

Workers' Comp for Going Deaf at Work? The Case of Zahm v. National Fuel

  • 10
  • June
    2010

Black's Law Dictionary defines workers' compensation as "a system of providing benefits to an employee for injuries occurring in the scope of employment." If an injury occurs on-the-job, the employer is generally held liable and its insurance company must pay workers' compensation benefits for medical treatment, rehabilitation, and wage loss, among other things. In turn, the employee cannot sue in court for personal injury damages. The system is intended to provide some measure of stability for both employees and employers.

In the interesting case of Zahm v. National Fuel, former employee Linda Zahm claimed that she suffered hearing loss as the result of being on the phone with loud and abrasive customers. At first she won, but National Fuel appealed.

In overruling the workers' compensation board, the Appellate Division of the Supreme Court of New York found that:

  • Zahm was not constantly on the phone with irate customers, such that there would be a continuous high level of noise in her ears
  • Even if she had been on the phone constantly, using the phone generally does not result in noise great enough to cause hearing loss

In other words, Zahm's hearing loss was not the result of handling customer phone calls.

Hearing loss in the workplace is not necessarily an uncommon occurrence; it does happen in industrial, manufacturing and construction jobs where the employee is exposed to loud and constant noise from heavy machinery and other devices.

However, this is not to say that an injured person could never triumph in a case such as this. Had Zahm provided sufficient medical evidence demonstrating that her hearing loss was a result of talking on the phone to irate customers, she may have prevailed.

If you've been injured at work, contact an experienced workers' compensation attorney.

Driver Charged in May 19 Hit-and-Run That Injured Several Cyclists

  • 10
  • June
    2010

The shoulder of Cabarrus county's St. Stephen's Church Road became an impromptu trauma center on May 19, when a 15-person bicycle team was mowed down by a driver who then fled the scene. In what seems like a cruel twist of fate, the bicyclists were struck on the day set aside for the national "Ride of Silence," one devoted to honoring cyclists who have been killed or injured.

At least four of the bicyclists (whose names have not been released) were taken to local hospitals with unspecified injuries.

The driver allegedly responsible for the crash, Daniel Burton Wilson II, turned himself in to police shortly afterwards. The following day he was charged with six counts of felony-level hit-and-run in conjunction with the incident. No information has been made public about the cause of the crash, whether drugs or alcohol were involved, or if there was some other reason Wilson's car (heading in the opposite direction of the bikers at the time) swerved into them.

This incident highlights an all-too-common cause of summertime injuries in the Charlotte area and across North Carolina - drivers colliding with bicyclists.

The Rights and Responsibilities of Bicyclists

The laws of North Carolina classify bicycles as vehicles. Accordingly, bicyclists are held to many of the same standards as operators of other vehicles, and receive many of the same benefits. For example, they are free to ride on any non-Interstate/non-highway state road, provided they keep as far to the right as practicable, proceed in the same direction as traffic, obey all traffic signage and follow other basic traffic regulations. Basically, bicyclists are expected to ride "predictably and courteously" in an effort to avoid accidents and not interfere with the flow of traffic.

Nevertheless, the law understands the inherent imbalance of power between a motorist and a bicyclist. Since bicyclists are much more likely to be killed or injured in a crash, motorists need to be aware of them and make reasonable efforts to avoid collisions, being particularly vigilant if the bicyclist is a child. Motorists should only pass bicycles with due care, cannot follow them too closely and should yield to them at driveways, crosswalks and alleys.

Welcome to our Blog

  • 12
  • March
    2010

If you've been seriously injured and need help identifying all possible sources of compensation under North Carolina law, you need an attorney who is keeping track of all of the latest developments in personal injury and workers' compensation law.

At the law firm of Grandy & Martin in Charlotte, both of our attorneys have more than 25 years of experience representing injured people. We have seen how not only changes to the law but also changes in the medical profession and in social attitudes can affect our clients' ability to recover fair compensation for their injuries.

We are maintaining the blog because we believe it is important to keep people informed about developments that could help or harm the interest of accident and injury victims.

We will share our reactions to things that are happening at a national, state and local level and ask for your feedback so that we can better understand the needs of our prospective clients. We encourage you to contact us with any questions or concerns you may have about personal injury and workers' compensation law.

Contact Us | The Sooner you contact a personal injury lawyer at Grandy & Martin, P.A., the sooner we can preserve evidence that you will need later. Contact one of our attorneys today!
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Grandy & Martin, P.A.
115 East Park Avenue  :: Charlotte, North Carolina (NC) 28203 :: Phone: (704) 837-8019 :: Fax: (704) 358-3910 :: Directions