How Do Workers’ Compensation Claims Get Settled?

Having an accepted workers’ compensation claim is a long and often physically and mentally demanding process.  Not only are you getting paid only 2/3 of your average weekly wage, but you also do not have a say so in selecting which doctor is coordinating your medical care, or doing surgery on you.  Quite often family relationships get strained due to money issues, and because the injured worker feels he, or she, is no longer a contributing member of the household.  Some workers’ compensation cases go on for years through multiple surgeries, rehabilitation, and vocational rehabilitation.  But, what happens when the authorized treating workers’ compensation physician reaches the point where you are as good as you are ever going to be?

Generally, a workers’ compensation case can settle one of two ways.  You can settle on what is called an open agreement, referring to you not closing out your right to future medical care paid for by the workers’ compensation insurance carrier, or your employer.  You can also settle on what is called a clincher, or compromise settlement agreement.  These full and final agreements will typically compensate you for a higher sum than an open agreement because you are “clinchering,” or waiving your right to future medical care, and sometimes weekly indemnity payments. Often, as part of a compromise settlement agreement, you are required to sign an employment release and resignation from your employer.  Sometimes this is not a big deal as you either voluntarily quit, or took a new job.  It becomes more complicated if you are nearing a year in which your retirement becomes vested, or are so close to retirement age that any likelihood of working elsewhere is slim to none.



So, which way of settling your workers’ compensation case is best?  There is not an easy quick answer to this question as no workers’ compensation case is exactly the same.  If you had the type of injury where you returned to work with your employer relatively quickly, then an open agreement is usually done.  The exception to this is if your company has switched workers’ compensation carriers since you were injured.  Then, the old workers’ compensation company that is still responsible for your claim often wants to have you close out your workers’ compensation claim so that they can close their file.  Of course, you do not have to do this if you do not want to.  If you do an open agreement, different states have different options for giving you a chance to have someone else opine on the disability rating that your settlement is calculated on.  In North Carolina, you have a statutory right to a second opinion on the disability rating with a physician of your own choosing.  The workers’ compensation carrier has to pay for this visit, and the North Carolina Industrial Commission, the state agency that regulates North Carolina workers’ compensation, will typically average the rating of the workers’ compensation physician, and the physician you chose, to come to the amount of your compensation.  In South Carolina, while there is no right to a statutory second opinion on the rating, you are able to go in front of a hearing commissioner of the South Carolina Workers’ Compensation Commission, and they get to decide your percentage of disability, or impairment.



The decision to clincher, or fully and finally settle your workers’ compensation case is often a complicated one.  You may not know what future medical treatment you are going to need.  You can, of course, clarify this with the workers’ compensation physician, but some people don’t want to make a decision without an unbiased second opinion.  Some folks will see a physician entirely outside of workers’ compensation to get this type of confidential opinion.  But, if you don’t have the means to see a physician outside of workers’ compensation, you are not going to have this option.  So, you are going to ultimately have to bet on yourself in terms of when you will be able to return to work, if at all, and what kind of medical treatment you may need in the future.  Also, though it may be possible for you to return to work, your employer may not want to bring you back for fear that you will get injured again, or they have simply filled your job in the interim.  Nothing requires them to bring you back to the job, or provide another that meets with your permanent restrictions.  If they don’t have a job that meets your permanent restrictions, that is just one factor that determines what the workers’ compensation insurance company looks at in terms of evaluating your case for a full and final settlement.  They will also look at the doctor’s final note, and see what future medical treatment he, or she, is recommending.  Many workers’ compensation insurance companies would rather offer a lump sum than stay on the hook for your medical care in the future.   As you may have guessed, figuring out what to do when you are trying to close out your workers’ compensation case can be quite confusing.  Making a decision that literally may affect the rest of your life should not be made without consulting an attorney that practices in the field of workers’ compensation.



If you have a workers’ compensation case, and you have reached the point in your case where it is time to resolve it one way, or the other, please pick up the phone and call Tippens & Zurosky.  Trying to settle a workers’ compensation case on your own can be difficult, especially when the workers’ compensation insurance company is in business of settling claims, and you are not!  You need someone to look out for you, so call Tippens & Zurosky, so we can be your voice, answer all of your questions, and help you resolve your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, 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!

Why is my Workers’ Compensation Doctor in such a rush?

Workers’ Compensation and Medical Care

In workers’ compensation, your employer, or their workers’ compensation insurance company are responsible for paying all of your medical bills one hundred percent if they accept your case as compensable under the law.  The rub on this is that they get to direct your medical care to a doctor of their choice, not your choice.  This quirk of the law would seem to be a built in conflict of interest in that the person responsible for paying your bills gets to send you to whomever they choose.

Quite often, companies choose to send injured workers to urgent care clinics that “specialize” in workers’ compensation injuries.  These organizations are the gatekeeper to an injured worker seeing a true specialist.  The prime directive of these organizations is to keep the costs of medical care down, and to get the injured worker back to work as soon as possible.  It stands to reason if the person paying the bill wants a certain result, you can bet the medical provider will do what they can to make that happen.  The built in conflict of interest part comes in where the medical provider wants to keep getting business from the employer, or workers’ compensation insurance company.  Naturally, they are afraid of doing something the employer, or workers’ compensation insurance company doesn’t want them to do: like recommend an expensive MRI, take the injured worker out of work, or refer the injured worker to see a surgeon.  We have had clients that were told by these types of medical facilities that they “weren’t allowed” to take them out of work, or “couldn’t” recommend an MRI.  So, if the company, or their workers’ compensation carrier, is the one driving the medical care bus, you can imagine why your workers’ compensation doctor may be rather dismissive.

The other thing which sometimes can result in speedy physicians in and out of an exam room is the fee schedule.  The fee schedule is set by the state and determines what the physician is paid for his, or her, services.  The amount of money set by the fee schedule is usually less than that of what the physician gets paid for the same services from other sources such as private health insurance.  Thus, in workers’ compensation it is not unusual to hear of a physician, triple or quadruple booking the same hour for workers’ compensation patient appointments.  If this happens to you don’t be discouraged from asking questions and getting the care you need, and deserve.  The doctor has a professional obligation to be there for you, and answer your questions!

Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  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.

Why Does My Company Not Want Me to File Workers’ Compensation?

When you get hurt on the job, you become the most unpopular person in the company.  Why does this happen?  You got hurt at work doing your job, and thus when you got hurt you were making the company money.  Shouldn’t they be bending over backwards to help you get the medical care you need, weekly compensation if you are unable to work, and a settlement at the end of the case?  While this would seem the just and logical way your company should look at an on the job injury, the reality is that most companies are all too concerned with the bottom line.  You may have been making them money when you were a healthy employee, but the moment you got hurt on the job, you went from a money-maker to a money-taker!

In today’s world, competition in all areas of commerce is fierce, and literally every penny is pinched in companies across North Carolina and South Carolina.  When you got hurt on the job, you set in motion a whole set of costs and expenses that have made you that most unpopular person.  If your company is self-insured, meaning they pay all of their workers’ compensation expenses themselves, then your injury just added to, or changed what they had budgeted for workers’ compensation injuries.  That money has got to come from somewhere, and often that money is reflected in safety bonuses, or manager bonuses that are now not going to be paid all because of you.  So, if your manager is trying to discourage you from filing workers’ compensation, he or she, may have a very real world financial reason for doing so!  And, if your fellow employees don’t seem like they want to be a witness for you, those safety bonuses are a powerful motivator for not documenting an on the job injury.  Any witness statement that they do for you is actually not for you, because they are going to feel the pressure from management and other co-workers to make what they write down to be as favorable to the company as possible.

Just how far will a workers’ compensation insurance company go to avoid paying on a claim?  The answer may surprise you.  A recent North Carolina case featured a workers’ compensation insurance company that lost a decision in front of a hearing commissioner and all appeal.  Instead of just paying for the injured worker’s medical treatment, and weekly indemnity benefits, instead they hired a private investigator to edit surveillance video in such a fashion that made it look like the employee that was hurt on the job was committing fraud.  The workers’ compensation insurance company then directed its investigator to convince the local police department to bring charges against the injured worker for fraud.  The poor injured worker was arrested, jailed, and indicted on charges of obtaining property by false pretenses, and insurance fraud.  The charges were dismissed after another medical exam showed that the worker’s injury and condition was consistent.  Obviously, not every workers’ compensation company, or workers’ compensation adjuster would go, or does go to this extreme.  But, we have seen numerous instances where the workers’ compensation insurance company, their adjuster, and/or the self-insured company makes things all too personal. 

If you have a workers’ compensation case, and have been hurt on the job, your company has the legal obligation in an accepted workers’ compensation case to pay your medical bills in full, pay you compensation at 2/3 of your average weekly wage if you are written out of work, and compensate you for a permanent injury.  Workers’ compensation cases can be confusing, especially when your company is just doing what is in its best interest!  You need someone to look out for you, so call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, 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!

Back To School Driving Safety Tips For North Carolina and South Carolina

School is Back in Session!!!


Unfortunately, the summer is now over, so gone are those wistful days at the pool, beach, or lake, although some parents are probably doing a little dance that their kids now have something to do – go back to school.  So, here we are again at the end of August where most of North Carolina and South Carolina gears up for another year of PTA meetings, sports events, and practices, concerts, and teacher conferences.  Some would say that being a parent is like having another full-time job.  Parents now have to skip that second cup of coffee, or worst yet their coffee altogether, and get ready for a new school routine.  Typically, someone in the household is starting at a new school, doing a new activity, or maybe even going to school for the very first time.  Parents have to transport their children to school, get to work on time, and then sprint out of the door to begin a totally new after school routine.   Drivers who don’t have children may also be learning new routines as they could have switched jobs, or moved to a different part of town.  Every single driver on the roads and highways of North Carolina and South Carolina will be dealing with new commuting routes, new traffic patterns, but the same hustle and bustle!

If at all leave your home, or apartment, much earlier than normal to avoid driving negligently and thus end up as the person responsible for an automobile accident.  When you are running late, it is easy to give in to the temptation to speed, try to beat a red light, or worse email or text someone while driving.  Also, be aware of the school buses on the road as both North Carolina and South Carolina law allots significant points to your drivers’ license if you make a bad decision and pass a stopped school bus with its signal lights flashing and caution arm engaged.  A great way to decrease the chance of this ever happening is to know where the school bus stops are in your neighborhood, on your way to work, and anywhere else you are traveling as part of your new routine.  Drive responsibly and slowly when you are passing schools, bus stops, and stopped school buses, because we all want the kids to get on their bus safely, walk home safely, and you, of course, want to get where you need to on a daily basis without getting an unwanted ticket, or by driving negligently causing a tragedy.

Sharing the highways and byways of your town or city are inexperienced drivers that just got their licenses, or permits, drivers who have relocated to your town, or city, and even drivers whose new commute brings them into a new area that they are unfamiliar with.  Driving cautiously and defensively will help you be aware of drivers who may be speeding because they are running late, changing lanes improperly because they don’t know where they are, or simply not paying attention to the road in front of them.  It is easier to let someone merge on your terms, rather than have the person try to “force” their way in!  Driving courteously and calmly will always be the safest way for you to travel, even if the others on the road with you are not behaving in the same way.  The beginning of the new school year is always symbolic of new experiences, and driving responsibly will make it that much better for all of us!  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 over 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.

I Hurt My Back on the Job – Is that Workers’ Compensation?

Workers’ Compensation and Back Injuries

Hurting your back on the job if you work in a warehouse, factory, construction site, shipping and receiving, logistics, or retail is a very real possibility as most of the jobs in these places of employment involve heavy lifting.  The part of the body that people are most vulnerable to injuring on the job in these places of employment, are their backs.  But, what is considered a compensable back injury for workers’ compensation purposes?

A compensable back injury must be the result of what is called a specific traumatic incident.  A specific traumatic incident can be defined as an injury that happened at a specific time – for example: lifting a heavy box on the job and feeling pain in your back.  If your back is simply sore from lifting boxes over time, and you cannot pinpoint any specific time where you lifted a box and felt pain in your back that is not considered a compensable workers’ compensation case.  Pain on its own does not meet the definition of a specific traumatic incident.  It is perfectly fine to not know the exact time, or date, you suffered a specific traumatic incident.  If you know you lifted a box, and felt pain in your back, but you are not sure if you did it at midnight, or at two o’clock in the morning, that is still a compensable workers’ compensation back injury. 

It is important to remember that major self-injured corporations, and workers’ compensation insurance companies dread back injuries.  Back injuries generally are viewed as costing them the most money, and result in the most lost time for their employees.  We have seen circumstances where injured workers have been purposely told incorrect information regarding the compensability of their workers’ compensation back injury, and told to file it under their private health insurance.  We have also had injured workers told by their bosses to tell the hospital the back injury happened at home and not at work.  The bosses then promise to take care of everything, but ultimately the workers’ claims are denied.

It is absolutely crucial that if you hurt your back lifting something on the job, you report it immediately, have an accident report done, and insist they send you for medical care.  Do not try to tough it out, or wait until the next day to see how it feels.  When you see the medical provider, make sure to state that your lifting injury to your back happened on the job.  Do not let yourself be a casualty of a cost-savings maneuver by your company.  Your company is going to do what is best for it – you need to protect yourself and consult an experienced workers’ compensation attorney.

Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  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. 

Am I an Employee, or an Independent Contractor?

Workers’ compensation covers an injured worker if they get injured in the scope of their employment.  But, what if you are not sure if you are actually an employee of the business you were working for when you got hurt on the job?  The law looks at several factors to determine if you were an employee, or you were an independent contractor.  The difference means getting covered for workers’ compensation as an employee, and being denied workers’ compensation benefits as an independent contractor.

Generally, the elements that delineate if you are an independent contractor are:  if you are running an independent business, or occupation, that specializes in doing the kind of work you were doing when you got hurt, you have the independent use of your knowledge, skills, and training to do the work, you are doing the work at a fixed price, or for a lump sum, or upon a quantitative basis, you are not subject to firing for doing the work one way versus another, you are not in regular employ of the other contracting party, you are free to use such assistants as you see proper to use, you have full control over such assistants, and you control the hours that you work. 

Every case is different, but the more control you have over a job and its details, the more likely the courts using the factors above will lean to you being considered an independent contractor.  Other common examples of independent contractors are paper boys, taxi drivers, and certain agricultural harvest workers.  Sometimes the differences in this area of law are very subtle, and thus if your workers’ compensation case is denied because you are in deemed an independent contractor, you should call us for assistance.

Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  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. 

My loved one died after they got hurt on the job – is that workers’ compensation?

Workers’ Compensation Related Deaths

Workers’ compensation protects an injured worker if they get injured in the scope of their employment.  Likewise, if an injured worker is killed on the job, workers’ compensation is there to provide benefits for the injured worker’s family.  In cases where a worker was killed in a motor vehicle on the job, or involved in a fatal industrial accident, it is usually fairly clear cut that workers’ compensation is responsible.  But, what happens if an injured worker passes away some time after the accident.  Does that death still fall under workers’ compensation?

If an injured worker is hurt on the job, and has surgery because of this injury, and develops complications from the surgery, and dies that would turn into a workers’ compensation death claim.  Likewise, if an injured worker is recovering from a surgery and suffers an aneurysm, and dies that too would be a workers’ compensation death claim.  The caveat to these cases are the medical professionals involved must be able to say that more likely or not the injured worker’s death was related to the surgery, and the aneurysm respectively.  If they can’t or won’t say, then the burden becomes more difficult to meet.  Expert testimony in the form of a medical professional is necessary to prove the relationship of the death to the original workers’ compensation injury.

If an injured worker suffers a job-related injury, and aggravates a preexisting heart condition, which causing their death, that is also considered to be a compensable workers’ compensation death claim.  Also, if an injured worker receives a compensable injury on the job and because of the pain and suffering becomes so depressed, and/or not in his or her right mind, that he or she commits suicide, that is a compensable workers’ compensation death claim.  As with many aspects of workers’ compensation law, the details of each particular case can be subject to interpretation.

Don’t go at it alone, Tippens & Zurosky is here to serve your auto accident and workers’compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  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 a automobile accident, or workers’ compensation case? The insurance companies may be watching.

Why Do I Feel Like Someone is Watching Me?

If you have been injured in an automobile accident, or workers’ compensation case, the eyes of the insurance companies and their private investigators are more likely than not going to be on you.  The expression that a picture is worth a thousand words is even truer, if you have an automobile accident case, or workers’ compensation case.  Remember with advanced technology in the form of drones, or hidden digital cameras, private investigators have the ability to get pictures of you while standing right next to you, or from a safe distance.  You could literally be looking right into the eye of a camera, and have absolutely no idea you are doing so!

Why would an automobile liability insurance company want to get you on camera?  Ideally, in their mind you will look like your life has not been affected by your injuries.  Or, better yet, you will do something on camera that you told them you couldn’t do when their attorney took your deposition.

Why would a workers’ compensation insurance company want to get you on camera?  They want to get some video of you doing something that they think does not comply with your doctor’s restrictions.  They want to then send this video to your doctor, and see if he gets mad that you can do more than what you were telling him, and takes all of the work restrictions off of you, thus stopping your workers’ compensation check.

So what should you do to protect yourself?  For one, immediately stop your social media posting, and if your profiles are not private – make them so!  Even the most innocent post taken the wrong way can hurt your case.  Delete all old profiles that may show a less mature side of you that a jury really does not need to see.  But, social media investigation is just one part of the investigation puzzle.  Be aware of who is around you at all times, keeping an eye out for cars and individuals that you know just don’t belong in your neighborhood.  Some investigators are really obvious about what they are doing, but technology now gives them a leg up, making it harder than ever to tell if you are being watched.  The easy solution to this is to assume you are always being watched, and curtail your activities accordingly until your case has been concluded. 

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!

Should I Give a Recorded Statement Without Being Represented by a Lawyer?

What is a Recorded Statement?

When you are injured on the job in North Carolina or South Carolina, the insurance adjuster for your company’s workers’ compensation insurance company wants to get a recorded statement from you about exactly what happened.  In cases where you were hurt by a co-worker’s negligence, or the negligence of a third-party, giving a recorded statement will most likely not be fatal to your case being accepted, or denied as to compensability.  If you were hurt as a passenger in a work vehicle that your co-worker smacked into the back of someone else, or a tree, there is not a lot of wiggle room as to the facts.  Likewise, if some other third-party hit you while you were in the company vehicle.

But, even in this circumstance, you should not give a recorded statement without being represented by a lawyer.  Things in your medical history that you think are minor may be a big deal to the workers’ compensation insurance company.  The insurance adjuster may also ask you questions that have nothing to do with the case, or would not be deemed admissible in court, that you unknowingly answer, and cause harm to your case.

With certain workers’ compensation cases, there is a very fine line in what makes your case one they accept responsibility for and one that they do not.  The words you use to describe an accident on the job can make all the difference.  Unfortunately, there are also some adjusters that ask you questions in such a way that your answers lead to your claim being denied.  Of course this is wrong, but insurance companies are in the business of making money for their shareholders, and the fewer claims they pay out, the more profits they will have for those shareholders.

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!

Injured By a State Employee? What is the Tort Claim Act?

Both North Carolina and South Carolina have Tort Claims Acts, which governs tort, or more simply negligence actions, against the respective States, and every county and governmental entity within them.  For example, the Tort Claim Act of North Carolina would apply if you were injured by the negligence of a North Carolina State Trooper.  Essentially, any governmental function in any county, city, or town is protected by the Tort Claims Act.  The Tort Claims Act of both North Carolina and South Carolina are limited remedies.  The reality of the Tort Claims Acts is that they limit the liability of the States for the negligence of their employees, agents, and entities.

The South Carolina Tort Claims Act has a damage cap of $600,000 for any one single event, no matter how many governmental agents were involved in the action that caused the harm, or how many innocent people were hurt.  Of this $600,000, a cap of $300,000 is set on the recovery for a single individual.  In North Carolina, the Tort Claims Act is capped at $1,000,000.  In South Carolina, the statute of limitations for filing a complaint is generally two years, but can be extended to three years if certain requirements are met.  In North Carolina, the statute of limitation is generally three years, but is two years for a wrongful death action.  Each state has available to it a number of defenses and exceptions, making the filing of Tort Claims actions quite complicated.

If you have been injured by an employee of the State of North Carolina, or the State of South Carolina, please give us a call so that we may assess if you have a claim under the applicable state Tort Claim Act.  Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

I Was Involved in a Car Accident - What Should I Do?

After a long day at work, you find yourself stopped for traffic just minding your own business, when suddenly another car smashes into the back of you.  The negligent driver jumps out of his car, and rushes to tell you he is sorry, but he has good news – the back of your car is “just fine.”  You are feeling stunned, but the at-fault party that hit you is ready to give you his liability insurance information, and he looks ready to leave the scene of the accident.

If you are in a car accident -- what should you do?

• Call the police as soon as possible 
• Call your automobile insurance
• Don’t try to wait out your injuries
• Have your property damage estimated as quickly as you can. 
• Don’t be pressured by the at-fault insurance company to settle. 

An experienced automobile accident injury law firm like Tippens & Zurosky can evaluate your case, protect your rights, and ensure that you receive fair and equitable compensation.  For twenty years, the attorneys at Tippens & Zurosky have represented people injured in automobile accidents in North Carolina and South Carolina, making sure they are treated fairly.  Let us assist you with your automobile accident, and help you get your life back to normal.  Call us toll free at (877) 872-3580, or 704-343-0018 to schedule a free consultation so that we may assist you.

I am a volunteer can I get workers’ compensation?

Workers’ compensation covers an injured worker if they get injured in the scope of their employment.  What is considered in the scope of a worker’s employment is generally treated as very broad by the courts of North Carolina and South Carolina.  But, the courts have also narrowed certain exceptions for when a person is not considered an employee, and thus is not eligible for workers’ compensation benefits.

A juror serving jury duty is not considered an employee of the state or county for purposes of workers’ compensation.  Likewise, an unpaid volunteer is also not considered an employee of the agency, company, or facility that they are volunteering at for the purposes of workers’ compensation.  A prisoner who gets hurt while incarcerated in the state penitentiary is not an employee for workers’ compensation purposes, but they would be if they got hurt working at a work-release position at which they were earning compensation for their services.  Workers’ compensation can be very fact dependent as when the North Carolina courts held that a man was an employee of a town after being deputized by his local sheriff and was injured while helping to serve a warrant. 

Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  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 undocumented workers get workers’ compensation?

The number of undocumented immigrants working in the United States has been a hot-button issue in recent years. In North Carolina and South Carolina, businesses have relied on undocumented workers to fulfill their employee needs in the areas of agriculture, construction, shipping and receiving, and manufacturing. But what happens when an undocumented worker gets injured on the job? Undocumented workers are entitled to workers’ compensation benefits in North Carolina and South Carolina. But, these workers often feel caught between a rock and hard place in pursuing a workers’ compensation claim.

The threat of deportation may cause an undocumented worker to not report an injury, and risk the job that is providing for their family. But, if the injured undocumented worker does not report the injury, their company, or the workers’ compensation insurance company, will not pay for medical bills, or provide benefits to allow the injured undocumented worker to support his or her family, while they are unable to work due to the workplace injury. Companies save money by hiring undocumented workers in terms of cutting safety costs because they know that undocumented workers are far less likely to report and file for workers’ compensation. The fact remains -- immigration status has no effect on an injured workers’ ability to file and collect workers’ compensation.



Workers’ compensation benefits are for all the workers in North Carolina and South Carolina. If you are an undocumented worker, and get hurt on the job you have rights! Don’t let an unscrupulous company intimidate you into not filing a claim. Companies do what is best for companies, and if you get hurt on the job, you need to do what is best for you! Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina. Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation. Let us help you!

Texting and Driving Can Be Fatal. It Can Wait.

The Loss of Polite Society

In a time long ago, people would walk the streets of their towns and cities, and greet each other with a tip of the hat, or warm greeting wishing each other a good day.  Neighbors would pitch in and help each other with watching children, tending crops, and rally together to combat any emergency situation.  Proper manners were practiced by all members of society, and respect was routinely shown for the generations that came before.  And, shockingly at night, people would have conversations with each other, and their children.

Today we shuffle through life as technology zombies, so reliant on our phones for staying connected that we don’t even notice the people we are passing by, and thus cannot connect with in a human fashion.  We use technology as an excuse, burying our faces in our phones to purposely avoid human contact.  In trying to stay connected to our news feed, social media, and text mates, we have succeeded in staying disconnected from the world.  And, it starts at an early age, as today’s toddlers are pacified with tablets and phones, and thus develop the attention spans of mayflies.

We take our phones with us everywhere even when taking out the garbage, or utilizing the washroom.  But, we are exposing ourselves, and those around us, to major danger when we bring our phones into our automobiles, and fail to disconnect.  How many times have you looked over at someone next to you at a traffic light, and saw they were on their phone?  That is of course assuming you looked over in the first place and weren’t staring at your own phone!  How many times have you had to honk to get the person in front of you to recognize that the light had changed from red to green?  The reality is that if you are looking at your phone, you are not paying attention to the road.   Texting and driving can be an all too fatal way to stay connected with your social contacts.  Trying to finish and send an email while driving might even be worse.  Texting and email drivers are distracted drivers.  It only takes a second to cross over the yellow line, catch the edge of the road, or fail to see that traffic has stopped in front of you.  Put down your phone while driving, because your life literally may depend on it! 

So, if all things tend to run in cycles, then perhaps we will go back to a time when people actually talked to one another.  Can you imagine your life without social media, texting, and streaming?  What would that even be like?  Oh, yeah, it would be like the good old days, and maybe then people would treat each other like people, and that can never be a bad thing!      

Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Cold Weather Can Lead To Injuries On The Job and On The Road

Winter is Coming…Oh Wait It is Here!

North Carolina and South Carolina are seeing some of the coldest temperatures, and severe weather that has hit the area in decades.  The freezing temperatures and inclement weather have brought hidden and obvious dangers to job sites, warehouses, parking lots, and other workplace common areas.  Parts of North Carolina and South Carolina have seen record amounts of water, ice, and snow that make areas such as roadways, sidewalks, bathrooms, hallways, and parking lots hazardous to your footing.  It is an absolute must to take extra care in these areas at your workplace that now may have hidden dangers to them that you are not normally used to having to worry about.

Likewise, at home if you need to use a supplemental heater that uses kerosene, or oil, make sure you do so safely.  And, if your power, and/or heating sources all go south because of the weather from the north, please do not try to tough it out.  Seek shelter as soon as possible so you don’t become a news story, or a statistic.  Plan ahead for the weather, and above all be safe because Spring is just a few short months away!  Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Resolve to Have a Better Year

The practice of making New Year’s resolutions began about 4000 years ago with the Babylonians, who did theirs in March, not in January as we do today.  They were making promises to the gods, while we most often today make promises to ourselves.  The Babylonians were looking for their gods to help them make things right.  Most people today resolve to do things on New Year’s Eve that they think will help them do things the right way, or become a better person.  Generally, folks are not successful with their New Year’s resolutions, which explain why the gyms and health clubs return to their normal level of business mere weeks after the New Year.  No one ever said trying to be better was easy!

Perhaps, the key to a successful resolution is to make one that you can actually keep.  If you have never liked to read books, resolving to read two or three a week is probably not going to happen.  So, maybe it is a matter of not trying to do more, and not trying to do so at a faster pace than ever before.  Resolve to do what you do well even better by working not longer, but smarter, and more efficiently.  Focus on adding value, not adding activities, or time.  If you do, these are the kind of New Year’s resolutions that you will actually keep!      

Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!