Happy Holidays From Tippens & Zurosky

Avoid the Holiday Rush!

The holidays are some of the most joyous times of the year, filled with family time, fun activities, and for the kids – time off from school!  It is a time of year that many people look forward to every year as they prepare to host holiday gatherings, and attend work social events.  The holidays can also be one of the most stressful times of year as people rush to buy gifts, hurry to finish up work projects before vacations, or worry about hosting relatives and family members at their house.

Don’t let the hustle and bustle of the season, send you in a downward spiral into irritation, anger, or depression.  Be thankful for who and what you have in your life, instead of dwelling on what you feel is missing from your life.  If you think things are not going well, and you are dreading the upcoming holidays, rest assured that there are so many folks that are probably worst off than you.  So revel in the noise of the children, tell those in your life how you feel about them, and try to soak in the good moments like the warmth from the holiday fire!  

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this holiday season, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Storm and Weather Related Injuries In the Carolinas

In general if your job subjects you to a special, or particular hazard from the elements such as excessive heat, or cold, likely to produce sunstroke, or freezing, and you are killed, or injured, courts have traditionally found that to be covered under workers’ compensation.  The test is whether the job subjects you to a greater hazard or risk other than what you would have been ordinarily exposed to in that circumstance.  For example, a tornado strikes your town, and you are employed as a firefighter, and are injured saving someone from a collapsing building.  Your job as a firefighter, puts you at a greater risk than normal, and your injuries would be covered under workers’ compensation.  Conversely, North Carolina courts have held a worker in a plant that was injured when a tornado hit was not injured in the scope of his employment because there was no causal relationship between the job, and his injuries.

If you are a carpenter, or roofer, and get caught in a storm while working, and struck by lightning, your case would be compensable because your job put you in the situation where the risk of your being harmed by lighting was greater.  Likewise, if it is over one hundred degrees outside, and you work in a plant where you are working around molten metal, and you suffer heatstroke that would also be compensable.  Facts and circumstances very widely from case to case, and workers’ compensation insurance companies will interpret the facts and law to suit their interests, not yours.     

If you are injured on the job in North Carolina, or South Carolina, and your case is denied, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.

Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you. 

Tips To Avoid Back To School Auto Accidents

Back to School Time is Just Around the Corner

After what probably seemed like a way too short summer of enjoying vacation time, relaxing, and the delightful combination of the water and sun, at the end of August most of North Carolina and South Carolina returns back to school.  For those folks with children, instead of maybe taking time in the morning to have a little more coffee, it is off to drop the kids at school, rush to work, and then rush out for the after school routine.   Drivers without children may also be learning new routines as they could have moved their residence, or job over the summer.  So, the long and short of it – every driver will be dealing with new traffic patterns, but old frustrations!

The best thing to do is get out of the house earlier than normal to avoid rushing carelessly and be on the bad side of a wrong driving decision that results in you being responsible for an automobile accident.  Also, be aware of school buses as both North Carolina and South Carolina law puts heavy points on your drivers’ license if you pass a stopped school bus with its signal lights flashing and caution arm engaged.  Be aware of any school bus stops in your neighborhood, and on your way to work, and remind yourself each morning to proceed with great care when passing them to make sure the kids get on their bus safely, and you get where you are going without an unwanted ticket, or tragedy.

On the road with you on your commute to work, or school will be new drivers that just got their licenses, drivers who have moved from other states, towns, or even countries, and even drivers travelling in a new part of town.  Make sure you drive with caution and stay alert to drivers who may make sudden starts, or stops due to their not knowing their route of travel.  It is always nice to let somebody in who is trying to merge!  So go ahead, and let in that drive because at some point you will need someone to repay that favor to you.  It is an exciting time of year filled with lots of new experiences, and driving safely and being courtesy will make it that much more enjoyable!

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 nearly 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. 

How Does a Drug Test Affect a Workers’ Compensation Claim?

They Did Inhale – How a Positive Drug Test Affects a Workers’ Compensation Claim

In North Carolina, a workers’ compensation case can be denied if the on the job injury was caused by being under the influence of an intoxicating substance.  However, there are several factors to consider when a worker has a positive drug test.  An injured worker’s case cannot be denied if that intoxicating substance was provided, or supplied by the employer, or his agent in a supervisory capacity to the employee.  A classic example of this would be attending a work function where it is expected and enforced that alcohol be consumed to entertain potential clients, or other business contacts, and the worker then gets hurt due to his company supplying alcohol.

The workers’ compensation insurance company, or self-insured company also has to show that the worker was intoxicated, which is not necessarily so cut and dry.  For example, a positive drug test for marijuana, cocaine, and other drugs does not indicate a level of impairment like an alcohol blood test does.  Marijuana and cocaine can stay in a person’s system for days, or weeks after the drug was used.  There is no level of “stonedness” that can be measured.

Additionally, the workers’ compensation insurance company, or self-insured company must show any intoxication proximately caused the work injury.  So, if there is a positive drug test for cocaine, and the worker is injured when an automobile driven by a unrelated third-party crashes into the work vehicle the worker is a passenger in – the workers’ compensation insurance company will have an extremely difficult time proving that any intoxication was the proximate cause of the work accident.  However, even in the set of facts above workers’ compensation benefits are often denied based on the drug test alone.  

If you have been injured on the job, and had your workers’ compensation case denied for a positive drug test, please reach out to our firm so we can put our years of experience to work for you.  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!

Is It Workers’ Compensation If I am Travelling for Work?

On the Road Again – Is It Workers’ Compensation If I am Travelling for Work and Get Hurt in North Carolina or South Carolina?

If your job involves travelling away from your employer’s premises, you are generally found to be within the scope of your employment continuously.  For example, injuries you might suffer out of the obvious need to sleep in a hotel, or motel, and eat in a restaurant are usually held to be compensable workers’ compensation cases.   Likewise, injuries you suffer travelling between your hotel and a restaurant, for example in a car accident, are also generally held to be compensable.  You are also considered on the job as you make your way back from where the work is to be performed as long as there is reasonable continuity between the travel and the employment. 

This rule holds true unless there is proof of a distinct and total departure on a personal errand, or the trip is made for primarily social, or personal reasons.  For example, taking off for the weekend on a personal vacation in a company vehicle and socializing with a company contact, but not at the direction of your employer, but for personal reasons is not typically going to be found compensable.  The reality of this subsection of workers’ compensation law is that nothing happens exactly in the same way, and the blurring of personal versus business can be a fine line between a compensable case and a denied one!      

So, if you have been hurt on the job while travelling for your job report it immediately, and then 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 toll-free at 877-872-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Holiday Driving Safety Tips

Tis the Season…

The holidays are full of hustle and bustle as we race around battling mall traffic, getting to school or church events, and attend holiday social gatherings. Sometimes during this time of year, we get our first taste of snow, or icy weather which makes travelling even more challenging! So, remember to take it slow on the roads, and be aware of other drivers who are looking for the store they need to buy that special gift at, and not at the road in front of them. Also, give yourself some extra time to get to where you are going, so you don’t find yourself rushing and cause an accident.

If you are attending a neighborhood, or work holiday party, make sure you are using a designated driver if you are going to be drinking. Dark, icy roads and alcohol can be a potentially lethal combination. If you are on the road at night on the weekends during the holidays, you need to be aware that others might not be choosing to act responsibly, and take extra care on the road.

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this joyous time, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs. Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years. Let us answer any of your questions regarding any automobile accident, or work-related injury. Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.

Weather-Related Car Accident, Tippens & Zurosky Can Help.

Time, time, time…

Every Fall season, when we turn back the clocks the days instantly seem longer as we go to work when it is barely light out, and return home from work, and school activities as the sun is setting.  Likewise, traffic seems to have increased no matter where you live, and we seem to be rushing to get to the same old places we always go because even though we have turned back the clocks we are somehow more pressed for time.  But, don’t get caught in the time trap.

Give yourself more time in the morning to get your kids off to school, and yourself off to work.  At the end of the day when the sky is dark, pay a little more attention to your surroundings, and if you are passing a school, recreational park, or playground be extra cautious of children that may be playing, or practicing sports for their school, church, or club.  If you are travelling through a parking lot, take care to look in each and every direction to make sure you are aware of someone who might be going a little too fast because they ran out of time.

Daylight Savings Time also changes our work routines.  If you are working outside, you may find yourself racing against the sun to finish the job.  Take a deep breath and slow down as rushing may lead to an injury on the job that could cost you a whole lot more than time.  With the shortening of the days comes the cold weather, so be aware that the first frost may bring the hazards of ice, hard ground, and wind.

If you find yourself in the wrong place at the wrong time, and get in an auto accident, or are injured on the job in North Carolina, or South Carolina, Tippens & Zurosky has time for you, and your questions.  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 You Need a Workers’ Compensation Attorney - Words Matter

When you are injured on the job in North Carolina or South Carolina, Workers’ Compensation is the means by which you are compensated for your lost time from work, your injuries, and get medical treatment.

However, the laws of workers’ compensation are incredibly complex and vary from North Carolina to South Carolina.  The words you use to report your injury to your employer, or put down in an accident report can sometimes be the reason why your claim is accepted, or denied.  Sometimes your manager or supervisor’s salary or bonuses is tied in to the amount of time lost in on the job accidents that happen on their watch.  Unfortunately, some managers or supervisors harm employees’ workers’ compensation claims by having the employees fill out accident reports in ways that lead to the employee’s case being denied.

Therefore, it is crucial you speak with an attorney as soon as possible, ideally before you speak with the insurance company, or fill out an accident report.  Simply put, words matter, and it is best to let Tippens and Zurosky be your voice in any North Carolina or South Carolina workers’ compensation matter.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

What Should I Do If I'm Hurt On The Job?

Workers’ Compensation and Your Rights In North and South Carolina

The last thing most folks think about when they go to work on any given day is that they will get hurt on that job.  But, what should you do, if you do get hurt on the job?

There are many different types of workers' compensation claims. An injury by accident is generally a slip, trip, fall, or accident caused by a co-worker that injures you in some way.  For example, slipping on a wet or greasy floor and breaking your ankle is an injury by accident.  A specific traumatic incident is an injury to your back, or neck caused typically by lifting something such as a heavy box.  An occupational disease which includes things like tendinitis, and carpal tunnel syndrome, is caused by repetitive motion, which means doing the same task over and over again over time.  All of these things are workers' compensation claims.

If you are injured on the job, immediately report the injury and make sure your supervisor or manager does a written report of the accident or injury.  It is critical you get a copy of this report for your records, and your attorney.  Ask your employer to send you to the company physician immediately.

Your company, or their workers' compensation insurance company has to pay for your medical care 100 percent, but they get to choose what physician you see.  You may be entitled to receive compensation for being out of work if the doctor says you cannot work, or puts work restrictions on you that the company cannot meet.  If this is the case you are entitled to receive two thirds of your average weekly wage.  The final component of workers' compensation is receiving an award for a disability rating to your injured body part.  For example after a surgery to a broken arm, your doctor may say you have an impairment rating which may entitle you to receive a settlement award from your employer’s workers’ compensation insurance company.

Workers' compensation can be confusing, and companies often are more concerned with the bottom line, and not their injured workers. Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

What Should I Do If I Am Involved In An Car Accident?

Be Prepared for the Unexpected

Most people wake up every morning focused on getting their children off to school, and themselves off to work.  The basics of life are putting food on the table, and keeping a roof over our heads.  We do not get the benefit of knowing what life has in store for us.  We don’t get a notice in the mail, or an e-mail or text message, telling us that today we will be involved in a potentially life changing automobile accident.

So, what should you do if you are involved in an automobile accident in North Carolina? The first thing is: Stay as calm as possible.  When an automobile accident happens, adrenaline kicks in, and the heart starts pumping, especially when our loved ones are involved.  Don’t let your emotions get the best of you!  Instead follow these steps to be prepared, and keep the legal rights of you and your loved ones protected.

Check on your passengers and the drivers, assess how serious the injuries are to those involved, and see how bad the damage is to your own car.  Call for medical attention immediately.  Do not try to move someone complaining of an injury, especially if it is to their neck and back.  However if the car is on fire, or they are near, or lying in a flammable liquid such as gas or oil that may ignite, you may have no choice but to carefully move them to save them from certain harm, or death.
   

Immediately call the police and if the police officers are not doing a report, request that one be done. Make sure you get the names and badge numbers of the police officers, state troopers, or sheriff’s deputies that have responded to your accident.  Do not move your vehicle until directed to do by the responding police officer.  

Gather as much information as possible at the scene, including obtaining personal information from the driver that hit you.  If they are denying responsibility for the accident, take pictures of the accident scene, and the vehicles – ideally before the vehicles are moved, and speak with independent witnesses who saw the accident.  Get their names, addresses, and phone numbers, and when you speak to the investigating police officer, make sure that he or she has this information and preferably talks to the witnesses at the scene.

After the accident, and after you have sought the necessary medical attention, contact Tippens & Zurosky toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.  We will deal with the insurance company for the person that hit you, and also investigate if there are benefits under your own insurance policy that you may be eligible to receive such as medical payments, or personal injury protection coverage.

If you do not contact our office immediately, make sure you follow up and get the medical attention you need, and keep track of the doctors you have seen.  If your car is drivable, get two or three property damage estimates.  Above all, be careful discussing the accident with anyone other than an attorney.  In cases where the person that hit you does not have valid auto insurance, your insurance company may have to pay you benefits under your uninsured coverage.  If the person that hit you does have valid insurance, be on guard for quick settlement offers.  Don’t sign anything until you have consulted an attorney.

Tippens & Zurosky in Charlotte has represented people involved in auto accidents in North Carolina and South Carolina for nearly 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 or visit us online at www.tandzlaw.com to schedule a consultation so that we may assist you.