Friday, May 19, 2017

My Manager Doesn't Want Me To File Workers Compensation, What Should I Do?

Why Doesn’t My Manager Want Me to File Workers’ Compensation?

If you are injured on the job, and your claim is accepted by your self-insured company, or your company’s workers’ compensation carrier, your employer is responsible for paying your medicals bills, time out of work, and possibly compensation for a permanent injury.  But, sometimes an injured workers’ manager, or supervisor creates roadblocks to even get the claim reported.  Now, just why would your manager, or supervisor do this to you?  Because the reality is – your manager, or supervisor thinks your workers’ compensation claim is going to have a negative effect on them!



Some companies tier manager bonuses on the amount of lost time accidents that occur on their watch.  So, if you are hurt on the job and go to report it, your manager may see you as siphoning money out of his/her wallet, when all you are trying to do is get the medical care you need for your on the job injury.  Some companies also tie in more than bonuses to workers’ compensation cases that happen under a managers’ supervision.  Some companies tie in performance evaluations, area budgets, and continued employment based on the amount of injuries that occur.  It is no wonder that some managers try to convince employees not to file claims, or allege they cannot “find” any accident reports, or even state they simply do not have any idea how to do that “workers’ compensation” thing.        

Workers’ compensation claims can be quite frustrating without your manager, or supervisor trying to sabotage your case!  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!


Thursday, May 11, 2017

How Long Should You Wait To File a Workers' Comp Claim?

Good for the Company is Not Good for You

A common scenario we see on a regular basis is when someone calls in with a workers’ compensation claim that is being denied because it wasn’t reported, or was reported after a significant period of time.  Many companies post in conspicuous spots in their warehouses, or other workspace the amount of time it has been since an on the job injury occurred.  Sometimes, there is an unspoken pressure on an injured worker to not report a claim so that they “don’t mess it up for everybody else.”  Likewise, witnesses to a workers’ compensation case involving one of their co-workers often feel pressured to do witness statements that present the facts in the light most favorable to the company, or that simply state that they “witnessed nothing at all.”



If you are injured on the job, report it immediately, and don’t be afraid about the repercussions to your fellow employees.  What is good for the company in this case, is not good for your health, and that of your family.  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.  Ironically, we see people that did not report their on the job injury “for the good of the  company” get terminated because they can no longer work due to their injury.

Workers’ compensation cases can be confusing, especially when your company is just doing what is best for it!  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!

Thursday, April 20, 2017

Hurt On The Job? What Should You Do Next?

Should I Talk to the Workers’ Compensation Adjuster?

Most people think that if they are hurt on the job, then quite obviously their companies’ workers’ compensation insurance company should be responsible for paying their medical bills, paying them when they are out or work, and compensating them for any permanent injuries.  It is understandable why an injured worker would think that, and why shouldn’t they talk to their companies’ workers’ compensation insurance adjuster.  The company has the injured workers best interest at heart, right?



First of all, companies don’t have “hearts,” and operate to make a profit.  Workers’ compensation insurance premiums are expensive, and represent a sizable chunk of a company’s overhead, depending on the nature of the business.  Some companies make it a priority to deny as many workers’ compensation claims as they can to save money, and sacrifice their workers in favor of maintaining the bottom line.  Workers’ compensation adjusters will often ask for a recorded statement over the phone under the guise of finding out what happened.  But, what is, and what is not, an accepted workers’ compensation case, can turn on the subtlest of accident descriptions.  The workers’ compensation adjuster knows what is, and what isn’t, an accepted, compensable workers’ compensation case.  An injured worker does not have that same knowledge.  So, do not do a recorded statement without an attorney representing you, and being present on the phone with you.  Failing to do so may result in your case being denied by the workers’ compensation insurance company.           


Workers’ compensation cases being accepted, or denied are sometimes in the finest details!  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!

Thursday, April 13, 2017

Workers’ Compensation and Choosing Your Doctor

Utilization/Peer Reviews and Your Workers’ Compensation Case

If you are injured on the job, and your claim is accepted by your self-insured company, or your company’s workers’ compensation carrier, your employer is responsible for paying your medicals bills, time out of work, and possibly compensation for a permanent injury.  Your employer or their workers’ compensation insurance carrier gets to dictate what doctors you see in exchange for paying the bill.  But, sometimes, the workers’ compensation carrier seeks an opinion that second guesses the doctor they picked to send you to in the first place!



Called utilization, or peer review, if your authorized treating doctor recommends performing a surgery, or other treatment that the workers’ compensation insurance company doesn’t want to pay for, your records get sent to yet another doctor.  Peer review doctors have never seen you, have contracts with the insurance company that pays them by the review, and often are retired, or do not have an active practice anymore, surgical or otherwise.  Naturally, if someone is paying you to do something, you are going to make sure that they get what they want.  It is no different with peer, or utilization reviews.  Generally, the workers’ compensation insurance companies get what they pay for, and that is where you need an attorney that will fight for your rights, and in particular for the treatment the doctor says you need!         

Workers’ compensation claims can be quite frustrating without someone on your side!  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!

Monday, March 20, 2017

I Was Injured In An Accident Do I Need Mediation Or Court Hearing?

Alternative Dispute Resolution

Alternative dispute resolution is a fancy way to say – let’s just sit down and see if we can work it out.  In many types of different cases including automobile accidents and workers’ compensation cases, the opposing parties are often sitting down and participating in a mediated settlement conference, or mediation for short.  A mediator “runs” the mediation and is not a judge, jury, or otherwise interested party.  Typically, a mediator will come into the case without knowing the facts of the case on purpose, and is a true neutral party that does not decide the case, but is paid by the parties to try and find an amount that both parties can live with to resolve the case.  Mediators in the automobile accident and workers’ compensation venues are usually attorneys, and often retired judges, or deputy commissioners.  Mediation is an incredibly successful and cost effective way to try to resolve a disputed case before it goes on to the next step, which is typically a hearing, or trial.  Mediation gives the parties control over resolving the case, and keeps it out of the hands of a jury, or hearing commissioner.  Some folks are afraid to file a claim because they are terrified about going to court and testifying.  Mediation is an avenue to avoid court, and still get compensated for your claim. 



So, if you have an automobile accident case, or workers’ compensation claim that is denied, or contested, don’t be afraid to try and get someone to help 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!

Thursday, March 9, 2017

What Happens If You Are Injured By a Third-party At Work?

Workers’ Compensation and Third-Party Claims

If you are injured on the job, and your claim is accepted by your self-insured company, or your company’s workers’ compensation carrier, your employer is responsible for paying your medicals bills, time out of work, and possibly compensation for a permanent injury.  Of course, they are not doing all of these things because of your years of long service, or out of the goodness of their corporate heart.  The law requires them to take care of injured employees as described above.  But, what happens if you are injured by a third-party, while you are working for your employer?



A common example of this is an automobile accident on the job where the negligent vehicle that hits and injures someone is operated by an independent third-party.  The simple answer to this is that the injured worker has not one, but two claims!  In this situation, the injured worker’s workers’ compensation insurance must pay medical bills, time out of work, and compensation for a permanent injury.  And, the injured worker then has a liability claim against the liability carrier for the motor vehicle that caused the injury.  The workers’ compensation insurance company also has a right to try and get paid back for what they paid out on the injured worker’s behalf from the liability insurance company.         

These cases can be quite complicated with many different parties all looking out for their own interests!  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!

Wednesday, February 22, 2017

If I've Been In a Car Accident In North Carolina Should I See a Doctor?

Hurt in a Car Accident – See a Doctor!

If you are in an automobile accident in North Carolina, or South Carolina, it is important that you seek the medical care you need as soon as possible.  We have seen folks with serious injuries decline going to the hospital in an ambulance after the automobile accident out of concern for other family members, or what will happen with their automobile.  A late night trip to the emergency room can be the end result of this decision.  So again, seek medical treatment as soon as you can, or you may come to regret your choice!

Just as important as getting checked out for your injuries by a medical professional after an automobile accident, is making sure to seek follow up care if needed.  If the hospital recommends that you see your family practitioner, or another medical specialist, it is imperative that you do so.  We have seen circumstances where people were literally walking around with undiagnosed broken bones, and other serious injuries.  The longer you delay seeking medical care just doesn’t have implications on your health.  Insurance companies use large gaps in treatment against you when evaluating your claim, under the guise that if you truly needed the treatment you would have gotten it.  This tactic basically punishes those who cannot afford medical care, can’t miss time from work, or simply are trying to tough through what turns out to be a serious injury.

   

So, if you are in an automobile accident in North Carolina, or South Carolina, call Tippens & Zurosky.  We have 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!