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!