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.