Happy Holidays From Tippens & Zurosky

Avoid the Holiday Rush!

The holidays are some of the most joyous times of the year, filled with family time, fun activities, and for the kids – time off from school!  It is a time of year that many people look forward to every year as they prepare to host holiday gatherings, and attend work social events.  The holidays can also be one of the most stressful times of year as people rush to buy gifts, hurry to finish up work projects before vacations, or worry about hosting relatives and family members at their house.

Don’t let the hustle and bustle of the season, send you in a downward spiral into irritation, anger, or depression.  Be thankful for who and what you have in your life, instead of dwelling on what you feel is missing from your life.  If you think things are not going well, and you are dreading the upcoming holidays, rest assured that there are so many folks that are probably worst off than you.  So revel in the noise of the children, tell those in your life how you feel about them, and try to soak in the good moments like the warmth from the holiday fire!  

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this holiday season, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

If I Fall On The Job In North Carolina Is It Covered By Workers Comp?

Falls on the Job – Are They Covered Under Workers’ Comp.?

In general, a fall on the job is considered a compensable workers’ compensation accident.  However, there are some important exceptions to this general rule.  If a fall occurs, because the worker’s leg gave way in an unexplained manner, that has been found not compensable.  Falls caused by epileptic seizures have also been found to be not compensable, because the seizure was not related to the employment.  Also, falls that occur when an employee is not on the employer’s premises, or that do not occur in the scope of their employment have been found to be not compensable.  These situations should be distinguished from a circumstance where a person reaching overhead in the course of their job duties loses their balance and falls.  This fall would be compensable, barring any other unrelated cause such as dizzy spells, seizures, or a heart attack.  

So, if you have been hurt on the job because of a work-related fall report it immediately, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process.  Call us toll-free at 877-872-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Can My Workers Comp or Personal Injury Case Be Investigated?

What Do You Mean I am Being Followed?

In today’s day and age, if you are in the middle of a personal injury or workers’ compensation case the prying eyes of the insurance companies and their attorneys may be on you.  Social media investigation is just one part of the equation.  So, if you have any type of litigation going on, or even a claim where everything is going smoothly, it is usually prudent to cease all activities on social media.  Even the most innocent post taken out of context can do damage to your case.

Also, it might seem like something out of a movie, or television program, but often insurance companies and their attorneys will hire a private investigator to follow you to try and get some video of you doing something that is inconsistent with your doctor’s restrictions, or portrays you in an unfavorable light.  So, be aware of your surroundings at all times, especially looking for cars and individuals that you know just don’t belong in your neighborhood.  Often a doctor will write down a set of physical restrictions, but verbally encourage you to push your physical limitations.  Obviously, do what your doctor is telling you, but make sure of you are testing, or pushing your limits per the doctor’s orders that you do so in a safe environment out of the view of any unfriendly eyes.

Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Tips For a Safe Holiday Season in the Carolinas

Wishing You a Safe and Happy Holiday Season

It is hard to believe that the holidays are just around the corner!  In the next several weeks, we will be enjoying precious time with family, friends, and co-workers.  We will also be on the road in the dark more, hustling from school events, and holiday parties, and travelling to malls and outlets to do holiday shopping.  During this time of year, we might even get our first chilly blast of icy or snowy weather, turning the roads and highways into a frozen, scary adventure!  So, make sure that you give yourself enough time to travel safely, and watch out for drivers travelling too fast for the road and weather conditions.  Remember even four wheel drive isn’t very useful on a patch of sheer ice!  Also, if the weather is that bad -- ask yourself if you really do need to go out at that time – and just maybe that little bit of caution will keep you from causing, or getting into an accident.

If you are attending an office or family holiday party, always use a designated driver if you are going to be celebrating with a little too much holiday cheer.  Night time, slick roads and drinking and driving can be a potentially fatal combination.  If you are travelling at night, or on the weekends during the holiday season, please be cautious and remember that just because you are choosing to act safely and responsibly, others folks may not be acting in the same way, and are a hazard on the road due to their holiday intoxication.

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this holiday season or any time, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.

Storm and Weather Related Injuries In the Carolinas

In general if your job subjects you to a special, or particular hazard from the elements such as excessive heat, or cold, likely to produce sunstroke, or freezing, and you are killed, or injured, courts have traditionally found that to be covered under workers’ compensation.  The test is whether the job subjects you to a greater hazard or risk other than what you would have been ordinarily exposed to in that circumstance.  For example, a tornado strikes your town, and you are employed as a firefighter, and are injured saving someone from a collapsing building.  Your job as a firefighter, puts you at a greater risk than normal, and your injuries would be covered under workers’ compensation.  Conversely, North Carolina courts have held a worker in a plant that was injured when a tornado hit was not injured in the scope of his employment because there was no causal relationship between the job, and his injuries.

If you are a carpenter, or roofer, and get caught in a storm while working, and struck by lightning, your case would be compensable because your job put you in the situation where the risk of your being harmed by lighting was greater.  Likewise, if it is over one hundred degrees outside, and you work in a plant where you are working around molten metal, and you suffer heatstroke that would also be compensable.  Facts and circumstances very widely from case to case, and workers’ compensation insurance companies will interpret the facts and law to suit their interests, not yours.     

If you are injured on the job in North Carolina, or South Carolina, and your case is denied, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.

Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Auto Accidents Happen, Tippens & Zurosky Can Help

Driving in Rainy or Snowy Weather

Every Fall season, we get all excited with the change of seasons, Halloween, and Thanksgiving.  But, during the Fall, daylight savings time shortens our time driving home from work, or school in the light, plunging us into darkness.  Make sure you take time, and slow down so that you can see hazards on the road.  If you are caught in unexpected snow, or heavy rain, drive cautiously, and try to get off the roads as soon as possible.  You can account for your actions, and drive slowly, and reasonably, but you can’t account for those folks that are driving too fast for conditions, and putting your life, and theirs into jeopardy with their actions. 

Often the last vestiges of hurricane season, dumps upon North Carolina and South Carolina powerful storms that cause flooding, heavy rain, tornadoes, thunder and lightning, and power outages.  If you are in an evacuation zone, heed the warnings of your local and state governments, and evacuate if you are told to do so.  Material things are replaceable, but you and your family members are not.  If you are unable to evacuate, seek refuge at a recognized state, or local government shelter.

If you find yourself in the wrong place at the wrong time, and get in an auto accident, or are injured on the job in North Carolina, or South Carolina, Tippens & Zurosky has time for you, and your questions.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Injured in an Automobile Accident in North Carolina? We Can Help.

North Carolina Rule 414 – Legislated Unfairness

In 2011, the North Carolina legislature passed a law most commonly referred to as North Carolina Rule of Evidence 414, but also referred to as “Billed versus Paid.”  This rule of evidence has had the disastrous effect of creating absolute unfairness to those injured in automobile accidents in North Carolina.  Rule 414 is an evidentiary rule, with the intent to be only applied to matters that go to trial, but liability insurance companies are insisting it be applied in the settlement/negotiation phase of a personal injury matter.  So, you may ask – why is this such a big deal?

Simply, Rule 414 lets insurance companies make offers based on the amount of medical bill balances, and not on what the actual amount of the bill was before it was paid by the injured party, health insurance, or Medicaid, or Medicare.  Previously, the collateral source rule disallowed any mention of what was paid, or not paid at trial.  So now, if you are injured in an automobile accident in North Carolina, and incur medical bills of $100,000.00, and the health insurance that you pay for out of every paycheck pays 80% of it, the insurance company makes an offer based on $20,000.00, not $100,000.00.  Now, if you do not have any health insurance, the insurance company has to make offers based on the full $100,000.00.  Now, you know why the title of this blog is legislated unfairness.  Why should insurance companies be allowed to benefit from something that you pay for out of every paycheck?  The answer is easy, and quite infuriating actually – the North Carolina legislature let them!

We are waiting for some appellate cases to address this unconstitutional unfairness, but in the interim personal injury attorneys are invaluable in terms of offering strategies, and assisting in negotiating with the insurance companies.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult automobile accident process.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

What Can You Do If Your Workers’ Compensation Case Is Denied?

What Do You Mean That’s Not in the Scope of My Employment?

Most employees feel that if they are injured on the job, or injured doing something at the direction of their supervisor that their injury will be one that is accepted by their company’s workers’ compensation carrier, and their medical bills will be paid, and they may get compensated for a permanent injury.  But, that is not necessarily correct.

When you are hurt on the job, your injury must be something that is considered in the “scope of your employment.” Being in the scope of your employment can be defined as something which benefits your employer, even if it is not in your actual job description.  The difference can be quite subtle.  For example, if you are hurt taking a group photograph with your co-employees that is just for the photographer, and not for a work purpose that is not in the scope of your employment.  If you are injured taking a group photograph that will be used in the company marketing material that is in the scope of your employment.  Likewise, if you are a security guard and are hurt stopping a robber that is in the scope of your employment, but if you are a trucker and try to stop a robber and get hurt, the courts of North Carolina have held that is not in the scope of your employment.  Often this distinction is so close that workers’ compensation companies simply choose to deny the injured worker’s claim as a matter of policy, or business practice.

     

If you are injured onthe job in North Carolina, or South Carolina, and your case is denied, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

If you are hurt on the job, do you need to go to the hospital?

The Doctor is In..Dispensable!

If you have a denied workers’ compensation claim in North Carolina, or South Carolina, where your employer is claiming not only that you never reported the injury, but also that it never even happened, you may find yourself in front of a hearing Commissioner telling your side of the story.  Invariably, after you relate to the hearing commissioner, just when and how you got hurt, your employer will march up the stand a whole host of witnesses, saying you did not tell them a thing about being hurt!  What is the one thing that usually breaks the standoff?  Medical evidence.

If you are hurt on the job, go to the hospital, or your doctor as soon as possible!  Tell the hospital, or doctor that you got hurt at work.  What often breaks the tie in the hearing commissioner’s eyes, is what a person told the medical providers right after the accident.  So, if they see you saw the doctor, literally right after you testified you got hurt, and told the doctor what you just testified to, it gives you credibility, and establishes when and how you got hurt.  Often, the doctor’s notes can be the workers’ compensation claimant’s biggest ally in winning their case.

Injured workers are usually in total disbelief that their employer would try and deny their claim.  But, many employers are concerned about the “high cost” of workers’ compensation insurance premiums, and are going to do their best to have no claims filed, even to their employees’ detriment.  Also, many managers’ compensation structure is based on the amount of lost time accidents that occur on their watch.  An employee getting hurt in this case literally takes money out of their pocket.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Tips To Avoid Back To School Auto Accidents

Back to School Time is Just Around the Corner

After what probably seemed like a way too short summer of enjoying vacation time, relaxing, and the delightful combination of the water and sun, at the end of August most of North Carolina and South Carolina returns back to school.  For those folks with children, instead of maybe taking time in the morning to have a little more coffee, it is off to drop the kids at school, rush to work, and then rush out for the after school routine.   Drivers without children may also be learning new routines as they could have moved their residence, or job over the summer.  So, the long and short of it – every driver will be dealing with new traffic patterns, but old frustrations!

The best thing to do is get out of the house earlier than normal to avoid rushing carelessly and be on the bad side of a wrong driving decision that results in you being responsible for an automobile accident.  Also, be aware of school buses as both North Carolina and South Carolina law puts heavy points on your drivers’ license if you pass a stopped school bus with its signal lights flashing and caution arm engaged.  Be aware of any school bus stops in your neighborhood, and on your way to work, and remind yourself each morning to proceed with great care when passing them to make sure the kids get on their bus safely, and you get where you are going without an unwanted ticket, or tragedy.

On the road with you on your commute to work, or school will be new drivers that just got their licenses, drivers who have moved from other states, towns, or even countries, and even drivers travelling in a new part of town.  Make sure you drive with caution and stay alert to drivers who may make sudden starts, or stops due to their not knowing their route of travel.  It is always nice to let somebody in who is trying to merge!  So go ahead, and let in that drive because at some point you will need someone to repay that favor to you.  It is an exciting time of year filled with lots of new experiences, and driving safely and being courtesy will make it that much more enjoyable!

The attorneys of Tippens & Zurosky wish you the best for a happy and prosperous new school year. 

Tippens & Zurosky has represented people involved in auto accidents in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Hurt On The Job By A Third Party? What Are Your Rights?

If you are injured in an accident on the job in North Carolina or South Carolina, and that injury is caused by a third party, your company’s workers’ compensation insurance company is not relieved of its obligations under the law.  If you are hurt on the job by a third party, your company’s workers’ compensation insurance company still must provide medical care, weekly benefits if you are written out of work, and a settlement if you have a permanent injury, scarring or disfigurement, or other impairment.  Once your workers’ compensation case is concluded, you can then seek compensation from the third party that hit you.

For example, if you are working inside your company building and a third party drives through the building and strikes you causing you to suffer a broken leg, your company’s workers’ compensation insurance company must step in first to take care of you.  When your workers’ compensation case is concluded you would go after the third party driver’s liability insurance company.  But, keep in mind, your company’s workers’ compensation company is given a lien by both North Carolina and South Carolina law to recover from the third party liability insurance company for what they paid out on you, the injured worker’s behalf. Navigating this scenario can be very confusing, and intimidating.

Tippens & Zurosky is available to serve both your auto accident and workers’ compensation needs, and can help you if you have been injured on the job by a third party.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Injured At Work Due to a Co-Workers Joke? You May Have a Case.

The Joke Was On You At Work – Can You Recover If You Got Injured?

Since the time human beings have been on the planet, and been engaged in some sort of employment, there have always been those instances where one co-worker for whatever reason decides to play a joke on another co-worker.  The examples are many from the simple pulling out the chair in the meeting room as the person goes to sit down, to the complicated booby trap in the storage facility, to the knocking over of the co-worker occupied portable toilet at the construction site.  But, what happens if you are that innocent co-worker and get injured in the process?

The laws of both North Carolina and South Carolina have generally held that the innocent victim who gets injured by this “horseplay” has a compensable workers’compensation case.  The theory behind holding these cases as compensable is that being the subject of workplace “horseplay” is a recognized hazard of employment.  Of note, the courts of both states have frowned on the aggressor of the “horseplay” who injures himself in failed “horseplay” on another in certain circumstances.

If you have been injured in an automobile accident, or hurt on the job by “horseplay,” please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

How Does a Drug Test Affect a Workers’ Compensation Claim?

They Did Inhale – How a Positive Drug Test Affects a Workers’ Compensation Claim

In North Carolina, a workers’ compensation case can be denied if the on the job injury was caused by being under the influence of an intoxicating substance.  However, there are several factors to consider when a worker has a positive drug test.  An injured worker’s case cannot be denied if that intoxicating substance was provided, or supplied by the employer, or his agent in a supervisory capacity to the employee.  A classic example of this would be attending a work function where it is expected and enforced that alcohol be consumed to entertain potential clients, or other business contacts, and the worker then gets hurt due to his company supplying alcohol.

The workers’ compensation insurance company, or self-insured company also has to show that the worker was intoxicated, which is not necessarily so cut and dry.  For example, a positive drug test for marijuana, cocaine, and other drugs does not indicate a level of impairment like an alcohol blood test does.  Marijuana and cocaine can stay in a person’s system for days, or weeks after the drug was used.  There is no level of “stonedness” that can be measured.

Additionally, the workers’ compensation insurance company, or self-insured company must show any intoxication proximately caused the work injury.  So, if there is a positive drug test for cocaine, and the worker is injured when an automobile driven by a unrelated third-party crashes into the work vehicle the worker is a passenger in – the workers’ compensation insurance company will have an extremely difficult time proving that any intoxication was the proximate cause of the work accident.  However, even in the set of facts above workers’ compensation benefits are often denied based on the drug test alone.  

If you have been injured on the job, and had your workers’ compensation case denied for a positive drug test, please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

A Safe Carolinas Summer Is The Best Summer

School is Out for the Summer!

Summer is here and with it comes vacations to the beaches, or mountains, kids playing outside, visits to area pools and lakes, and sometimes torrential downpours that make driving a challenge.  Take care this summer when driving through neighborhoods and be aware that kids may be outside playing, even after dark.  Also, make sure in rainy weather that you are allowing a safe following distance as slick roads tend to shorten the distance that we think is safe.  Don’t forget to pay attention to the car in front of you, who may be from out of the area, and thus prone to stop short, or drive distracted.  Have your eyes on the traffic, and the road conditions, both of which can change instantaneously on long trips to the beach, or mountains.

The hazards of the road are only one potential danger.  Take great caution in the operation of fireworks, and make sure your children are properly supervised, and out of any potential blast zone.  Likewise, be aware and careful when lighting a gas grill for a momentary distraction could be far longer than merely momentary, and lead to a gas build up that when ignited can have drastic consequences.  The ultimate heat of the sun is a danger during the summer months so make sure you stay hydrated, have on sun protection, and are monitoring the children for signs of heat stroke.  Finally, be aware of your surroundings while swimming, and keep in mind that we share the oceans, rivers, and lakes of North Carolina and South Carolina with wild creatures such as sharks, alligators, snakes, jellyfish, eels, and snapping turtles.  Those folks that choose to swim at night are entering a time when many animals are looking for their dinner, and if they are not careful then they may find themselves, a child, or a pet the subject of an attack.  Remember you are invading their environment, and not the other way around.

Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs, and wishes you a safe and happy summer.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.

Can You Get Workers Comp For a Heart Attack on the Job?

It is a common assumption that if something happens to you on the job that it must be workers’ compensation.  A heart attack on the job is a sudden, unexpected, and often fatal occurrence, so it must be work-related, right?  If you are doing your normal job in the normal way, and have a heart attack, it is not considered an injury arising out of an accident and in the scope and course of your employment.

If a person suffers an injury, or dies due to a heart attack on the job, they must show it was precipitated by some unusual, or extraordinary exertion.  Past cases where someone was working under tremendous heat, and unusually exerting themselves and had heart attacks have been found compensable.  A case where a firefighter suffered a heart attack fighting a fire was not found compensable as the heat, smoke, excitement, and physical exertion were all part of a firefighter’s normal job duties, and expected parts of his employment.

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Can pre-existing Injuries Can Hurt Your NC Workers’ Compensation Claim?

If you have worked for a long time in a physically demanding job, such as an order picker in a warehouse, or in the construction industry, you may have been hurt on the job before.  The older you get the more injuries you may have suffered on the job.  So, what do you do when you fill out your new job application and they ask you about your physical condition and previous injuries?  

If you are worried that disclosing your past injuries will prevent you from getting a job, you may choose to not tell your prospective employer about your past injury history.  N.C.G.S 97-12.1 governs willful misrepresentation when applying for a job.  If a worker is found to have knowingly and willfully made a false representation as to their physical condition, compensation for their workers’ compensation case may be barred.

Often a worker has worked past his previous restrictions, or has gotten clearance from a subsequent doctor to do the job.  However, they still might find their case denied by their company’s workers’ compensation insurance company.  The employer also must show they relied upon the false representation in the hiring process, and there was a causal connection between the false representation, and the injury.  Some workers will be literally facing the choice of feeding their children, or having their medical history keep them unemployed.  There are no easy answers for these folks, who are simply trying to be productive members of society.

If you have been injured in an automobile accident, or hurt on the job, please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Distracted Driving is Dangerous Driving

In this day and age of smart phones, it is extremely easy to succumb to the temptation to text, or simply look at your phone while driving.  Even a quick glance down at your phone can have deadly consequences because it is simply impossible to pay attention to what is happening around you, if your eyes are on your phone.  The reality is no matter if it is a phone, a rambunctious child in the back seat, or a meal you are trying to eat, being distracted can result in you causing, or being involved in a motor vehicle accident.

Studies show that teenage drivers are particularly susceptible to being distracted while driving.  Most state laws prohibit teenage drivers from using electronic devices, or phones while driving.  If you have a teenage driver make sure you set strict rules about radio and phone use, and encourage their good habits by modeling your own good habits and caution when you are driving.  The reality is that there is no text, or email that is worth your life, or that of an innocent party that comes into contact with you the distracted driver!  

If you have been injured by a distracted driver in an automobile accident, or hurt on the job, please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

What is a Personal Injury Attorney?

A personal injury attorney is one that specializes in helping individuals that get injured in motor vehicle accidents, on the job, or in other circumstances.  Over the years, this section of the law has taken quite a public relations beating in the media with terms like “snake,” “shark,” or “ambulance chaser” being used to describe attorneys that work exclusively helping individuals, not corporations.  The reality is that personal injury attorneys are the only attorneys that have the knowledge, experience, and resources to take on the big corporations, and insurance companies, and help the so called “little guy” get the compensation he deserves.

Throughout recorded history those with power and money such as big companies have used this power and money in certain circumstances to exploit their workers, or gain an unfair advantage.  To the insurance companies, people that file claims are literally just claim numbers, rather than people with families to support.  It is the job of the insurance company, or self-insured big corporation to try and pay the person that they injured as little as possible because it’s just “good for business.”

Personal injury attorneys are the last white knights that exist in today’s society, and can literally be the only thing preventing a person from getting taken advantage of by an insurance company, or self-insured corporation.  Without personal attorneys, justice is often not served.  For through lawsuits brought on the behalf of the injured, personal injury lawyers have acted to check corporate recklessness, and made the world a fairer and safer place.

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this time, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.

Should You Talk To The Insurance Company After An Accident?

Silence is Golden

When you get injured in an automobile accident, or get hurt onthe job, it is very easy to get confused by the vast amount of information that you may hear from friends, family, or co-workers.  Like the old saying goes – everyone knows a little bit about something!  But, when you are injured in an automobile accident, or get hurt on the job, the one group of people that know information that you do not are the insurance adjusters.

If you are injured in an automobile accident, or get hurt on thejob, one of the very first people you may speak with is an insurance adjuster, who rest assured knows the ins and outs of what makes your case one they accept responsibility for and one that they do not.  Sometimes it literally is just a matter of what words you choose to describe an accident on the job, or an auto accident that makes your case one they pay on, or one they do not.  Unfortunately, there are some adjusters that are very skilled in leading you through a series of questions that has the end result of your claim being denied.

So, if you have been injured in an automobile accident, or hurt on the job, don’t speak with the insurance company, and especially don’t give a recorded statement, until you have had the chance to consult with an attorney.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Stay Safe & Avoid Accidents During Spring Brake

Spring Break…

Although this past winter was rather mild, we are all still looking forward to that first warm Spring day when we can get outside and enjoy a bit of the sun.  It is beginning to stay light longer, and people seem to be more interested in getting out and about to spend more time enjoying school, church, or social activities.  It is easy to become distracted as Spring fever hits full force, and perhaps we find ourselves enjoying the breeze from our open car window, or looking at that beautiful crepe myrtle and don’t pay attention to the car in front of us.  Make sure you are giving yourself plenty of following distance, and have your eyes on the road, and not what is going on in the fields, parking lots, or even the car next to you.

If you are attending a neighborhood block party, or work get together, make sure you are using a designated driver if you are going to be drinking.  Warmer weather and alcohol can be a potentially lethal combination as we stay out later, and possibly consume more than we should at social gatherings.  If you are on the road at night on the weekends during the Spring, you need to be aware that others might not be choosing to act responsibly, and take extra care on the road.

Likewise, if you decide to travel to the beach, or mountains with the kids for Spring Break from school, make sure you give yourself extra time, and are plenty rested before you start the drive.  Be aware of tractor trailers, and other commercial vehicles on the highways and byways with you, and keep your eyes open for distracted, or impaired drivers.  Remember Spring Break can be as hectic as it is fun and relaxing, so be sure to not let yourself be one of those distracted drivers.  

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this time, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

If You Get In a Fight At Work Can You Claim Workers Compensation?

Fighting on the Job and Workers Compensation. 


Most of us have had situations in our working lives where we have really wanted to punch a co-employee in the nose. But, if you did punch your co-employee, and knock them to the ground where they broke their arm, can they file workers’ compensation? The rule is if one worker injures a fellow co-worker because of a dispute about the manner in which work is being performed then the injured worker’s injuries are compensable under workers’ compensation. For example, if in the midst of a discussion about how to properly stack widgets so that the manager will not write them up for incorrect procedure, one worker strikes another with the widget and injures them, those injuries are compensable.


However, if one employee assaults the other solely from anger, revenge, hatred, or sheer vindictiveness and is not motivated by an incidence of employment, it is not compensable. For example, one co-worker was in the habit of insulting another’s mother, and finally in defense of mom, the miffed co-worker slammed his co-worker in the face with a hammer. Another common instance is romantic rivals fighting over a newly found out personal relationship. Just because work was a convenient venue for the assault to occur, it does not make it a compensable worker’s compensation case.


So, if you have been hurt on the job because of a work-related dispute report it immediately, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim! Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process. Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation. Let us help you!

Is It Workers’ Compensation If I am Travelling for Work?

On the Road Again – Is It Workers’ Compensation If I am Travelling for Work and Get Hurt in North Carolina or South Carolina?

If your job involves travelling away from your employer’s premises, you are generally found to be within the scope of your employment continuously.  For example, injuries you might suffer out of the obvious need to sleep in a hotel, or motel, and eat in a restaurant are usually held to be compensable workers’ compensation cases.   Likewise, injuries you suffer travelling between your hotel and a restaurant, for example in a car accident, are also generally held to be compensable.  You are also considered on the job as you make your way back from where the work is to be performed as long as there is reasonable continuity between the travel and the employment. 

This rule holds true unless there is proof of a distinct and total departure on a personal errand, or the trip is made for primarily social, or personal reasons.  For example, taking off for the weekend on a personal vacation in a company vehicle and socializing with a company contact, but not at the direction of your employer, but for personal reasons is not typically going to be found compensable.  The reality of this subsection of workers’ compensation law is that nothing happens exactly in the same way, and the blurring of personal versus business can be a fine line between a compensable case and a denied one!      

So, if you have been hurt on the job while travelling for your job report it immediately, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process.  Call us toll-free at 877-872-3580, or at 704-343-0018, for a free consultation.  Let us help you!

I Was Hurt In a Car Accident At Work. What Happens Next?

Auto Accidents on the Job

A common misconception is that when you are injured in an automobile accident on the job that the liability insurance company for the negligent person that caused the accident is solely responsible for your injuries.  If you are in the scope of your employment, your company’s workers’ compensation insurance company is still responsible for paying for your medical care, your time out of work at two thirds of your average weekly wage once you satisfy the waiting period, and potentially a settlement based on any permanent impairment you may have as a result of the auto accident.

Your company’s workers’ compensation insurance company has the right to be reimbursed from the liability insurance company for what they have paid out on your behalf.  But, the liability insurance company is no less responsible because you were in the accident on the job.  It can be quite intimidating and confusing to try and deal with both of these insurance companies when this situation arises, as they both are obviously concerned with what is in their best interest, and not yours!

If you have any questions about what to do after an auto accident, whether it happens on the job or not, contact Tippens & Zurosky toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.  We will deal with the insurance companies for the person that hit you, workers’ compensation if it applies, and work to get both matters satisfactorily concluded for you!

Tippens & Zurosky has represented people involved in auto accidents in North Carolina and South Carolina for nearly twenty years.  Let us help you deal with the unexpected, and get your life back on track.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.   

How long do you have to file a workers comp claim in North Carolina?

The Early Bird Files a Claim

One of the most common scenarios we hear about is when a person gets injured on the job, but because of a fear of losing their job, the “encouragement” of their manager or supervisor not to file a claim, or simply not knowing how to file a claim, they have waited months after the accident to file a claim with the workers’ compensation insurance company for their employer.  It is absolutely crucial that you report your accident to your supervisor, or human resources immediately, and get a written accident report done to memorialize what happened.  Often, a delay causes the workers’ compensation insurance company to deny a claim because there is no documentation that the accident happened, and the injured workers’ company becomes “unsure” if anything ever happened.

A great example of this is when someone lifts boxes as part of their job, but on one particular day lifts a box and feels pain.  They may be used to having nagging aches and pains from doing this kind of work and thus did not report it.  Or, if they did actually report the injury, a supervisor will just ask them to work through it, or try to minimize what happened and not document the injury.   So, weeks or even months later, the injured employee, who has been trying to work through it, but now has a serious back injury that has gotten worse and worse, tries to report the claim.  And, to the injured employee’s great surprise, the claim is denied because he or she “never told anybody,” or because of the delay can’t honestly remember when they got hurt, or exactly how it happened.

So, if you have been hurt on the job report it immediately, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!