Workers’ Compensation and Medical Care In North Carolina

In 2024 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  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 who were hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any work-related injury.  Call us at 704-343-0018 to schedule a consultation so that we may assist you.

Should I Settle My Workers’ Compensation Claim?

 Having an accepted workers’ compensation claim can be a long process.  Not only are you getting paid less than your average weekly wage, but you also may not have a say in selecting which doctor is working with you.  Some workers’ compensation cases go on for years through surgeries, rehabilitation, and vocational rehabilitation. Tippens & Zurosky is here to fight for you.

 

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 waiving your right to future medical care, and sometimes weekly indemnity payments.

So, which way of settling your workers’ compensation case is best?  There is not an easy 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 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. Many workers’ compensation insurance companies would rather offer a lump sum than stay on the hook for your medical care in the future. 

 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 us, 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 at 704-343-0018, for a free consultation. Let us help you!

Can Managers and Supervisors File For Workers Compensation?

What happens when managers, or supervisors, get hurt on the job in North Carolina or South Carolina? The reality of the matter is that highly paid employees, such as managers, or supervisors, have high compensation rates that make their workers’ compensation cases very expensive to their company.  So, the company does what is in the best interest of the company, and quite often cuts their losses, and may fire their loyal employee. Tippens & Zurosky can help you win your workers’ compensation case.

 

Workers’ compensation cases can be confusing, especially when your company is not doing what is best for you.  Tippens & Zurosky, can be your voice, answer all your questions, and file your workers comp 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 at 704-343-0018, for a free consultation.  Let us help you!

 

 

I Got Hurt During My Company’s Trip – Is that Workers’ Compensation?

 

Many companies have a yearly company trip where alcohol is flowing freely, and judgment can be compromised by a “party” atmosphere.  So, what happens if you get injured during the company trip?  Is your injury covered under workers’ compensation?  If you slip and break your collarbone because you slipped on the hotel’s steps, there are factors which dictate whether this is workers’ compensation or not.  The workers’ compensation laws of North Carolina and South Carolina construe what is in the course of your employment very broadly.

 

Factors that come into play for an injury that occurred at a company outing include:

• Whether the outing was paid for by your employer.
• Whether you were paid wages while on the trip.
• Whether the outing was considered a fringe benefit of your job.
• Whether attendance was mandatory.
• Was the purpose of the outing was to benefit the employer.

 

So, if you have been hurt on the job during a company trip, 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 at 704-343-0018, for a free consultation. Let us help you!

Injured In a Scooter Accident in North Carolina? We Can Help.

Electric scooters travel up to 15 miles per hour. If a rider is struck by a car, serious injury or death can result. Some of the risks that Bird, Lime, Jump & Lyft riders face include:

· Riders are less visible to car drivers

· No barrier between scooter rider and road

· Road hazards

· Scooter instability

· Inexperienced riders

· Panic stop

· High-risk behavior

· Vandalized scooters 

Even people who carefully ride scooters and react well to pedestrian and vehicle traffic can be caught off-guard and injured, either by a scooter defect or a negligent third party.

Why You Need a Lawyer After an Electric Scooter Accident


Because they are a new form of transportation, electric scooter accidents can involve tricky and unsettled legal issues.

An electric scooter accident can result in serious injuries that can affect you and your family for the rest of your life. If someone else was at fault, they should pay for your medical bills, your lost wages, and your pain and suffering. You want a tenacious personal injury lawyer on your side to demand fair compensation for your losses. At Tippens & Zurosky we specialize in helping victims of particularly serious injuries. Call us for help today 704-343-0018

I Was Hit By An Uninsured Driver in Charlotte – Now What?

It is bad enough to get into an automobile accident that is not your fault, and then you find out that the other at-fault driver had no valid automobile liability insurance.  Unfortunately, uninsured drivers are more common than you would think as over the years the percentage of uninsured drivers has varied from ten to fifteen percent of all drivers on the road.  When you consider the total number of people driving around the United States, and specifically North Carolina and South Carolina, the number of uninsured drivers nationwide is in the millions. North Carolina and South Carolina both require that automobile owners have liability automobile insurance. Unfortunately, some people just get liability insurance for the express purpose of getting their vehicle legally registered, and then either cancel the policy, or stop paying the premiums, which also invalidates the policy.  If the economy is not doing well, and people are stressed for money, not paying expensive car insurance is one of the first things people will do to keep the lights on and a roof over their heads.

If you are hit by an uninsured driver, your uninsured motorist steps into the place of the absent liability insurance company of the at-fault driver.  You might think that your insurance company is going to bend over backwards to help you navigate your uninsured claim.  But, as has been discussed previously, your insurance company is in the business of making money.  How much money they make is simply the difference between the amount of premiums they collect, and the amount of claims that they pay out on.  And, that includes your uninsured claim!

It is normal to think that because you are dealing with your own insurance company that they will treat you fairly, or even better than any other claimant.  But in actuality, your uninsured motorist claim is treated by your insurance company just like any other claim.  You have to prove your case to your uninsured automobile insurance company just like you would if you were dealing with the at-fault drivers’ automobile liability insurance company. 

What Should You Do If You Are Hit By An Uninsured Driver?

Call the police immediately so an accident report is generated, showing the other driver was at fault.  Just because you are dealing with your own insurance company, doesn’t mean they are just going to take your word for it.  They are going to investigate it, and determine fault on their own. 

Report the accident to your insurance company as soon as possible. Often insurance companies do not move at the speed that people would like them to move, so the earlier the process is started the better.

Make sure you see a doctor, or other medical professional, immediately.  Again, the longer you delay seeking medical treatment, the more your insurance company will hold that against you in assessing your damages. The other danger in delaying medical treatment is that the longer the gap is between seeing the doctor, and the date of the accident, sometimes the less able, or less likely, your medical professional is to relate what is going on with you to the motor vehicle accident in question.

Get a property damage estimate as soon as possible, so that you know the amount your insurance company is going to have to pay to get your car fixed.  If your car is going to be deemed a total loss, know the value of your car before speaking to your insurance company about the total loss payment.

Tippens & Zurosky has represented people involved in uninsured auto accidents and hurt on the job, in North Carolina and South Carolina for over 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.    

 

Driving Tired Is a Main Cause Of Accidents In North Carolina and South Carolina

In today’s day and age, many drivers in North Carolina and South Carolina have a difficult time getting a good night’s sleep.  Tired drivers can be just as dangerous to share the road with as drivers that have consumed alcohol, or used drugs.  Tired drivers can also be just as dangerous to share the road with as drivers that are distracted by texting, eating, reading, or using social media.  Not getting enough sleep can do more than just effect a person’s ability to drive.  Lack of sleep can increase the aging process, lower a person’s immune system, impair memory, and contribute to depression.  The reality of the matter is that when a person is sleep deprived they are literally not themselves.

Many drivers that you are sharing the road with are exposed to too much artificial light in the form of computer screens, phones, televisions, and other electronic devices.  The human body has an internal clock that relies on the rising and the setting of the sun to regulate sleep patterns.  Artificial light from devices can wreak havoc with the body’s natural ability to regulate its own sleep patterns.  So, if a person habitually stays up late watching television, or playing video games, or using social media, there is a good chance that they may develop an interruption in their sleep patterns that turns them into a tired driver.  Driving while tired slows down your reflexes, and inhibits your judgment, thus making you more likely to cause an accident, and less likely to avoid one happening in front of you!  Interestingly enough, there is an increase in car accidents following the nationwide switch to Daylight Savings Time.  The facts are that it does not take much to turn a person from a focused driver to one that is sleep deprived, and thus dangerously driving while tired.

So, if you know that you have a long drive ahead, or even if it is just your normal work day, the experts say to shut down those devices at least an hour before bedtime.  Also, avoid caffeine and alcohol before bedtime, and keep the bedroom at cooler temperatures as a cooler body sleeps better.  We all owe it to our fellow drivers that we share the road with to be rested, and not a hazard because of lack of sleep.  Take care of your own sleep health, and the other drivers on the road, and don’t engage in driving while tired!

Tippens & Zurosky has represented people involved in auto accidents and hurt on the job, in North Carolina and South Carolina for over 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