Tippens & Zurosky, L.L.P. was started in 1998 by two attorneys who wanted to defend and protect those individuals seeking just and fair compensation from auto accident cases, workers’ compensation cases and wrongful death cases. We champion the cause of the working-class informing them of their rights, and evening the playing field against those who may try to take an unfair advantage.
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
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
School is out, and aside from dealing with the fact that the kids are home all day, and are already bored, this is your time of year to relax, kick back, and head to your favorite vacation spot. Whether you choose to go the beaches, mountains, area pools or the lakes, it is important to remember that the rest of the drivers on the road with you may not be focused on their driving, and instead are hurrying to their vacation destination. They may also be distracted by their children in the car, who when they are not zoning out on their phones, or other devices, are causing a ruckus by fighting over who gets the phone charger next! The driver of the car next to you, or behind you, may also not be paying attention to the road because they are busy trying to read their work emails, or coordinate with other family members as they descend upon the common family vacation destination.
So, be sure to be aware of your surroundings, because those around you may not be aware of their following distance, speed, failure to maintain their own lane of travel, or just plain inattention. To make matters even more challenging, the summer is when those massive thunderstorms, hailstorms, and downpours make their visits to North Carolina and South Carolina. Take extra caution in rainy weather and keep a safe following distance as slick roads tend to shorten the distance that we think is safe in inclement weather. Get plenty of rest before you start your journey, and that will assist you in keeping eyes on the traffic, and the road conditions, both of which can change literally around the very next curve of the road on those long trips to the beach, or mountains.
The hazards of the road are only one potential danger. Be careful if you choose to celebrate the awesomeness that is America with fireworks, supervise any children participating in the celebration very carefully, and by all means keep them out of any potential to get in harm’s way. Likewise, be aware and careful when firing up a gas grill for a seemingly short distraction could be far longer than you think it was, and can lead to a gas build up that when ignited can have drastic consequences.
The powerful rays of the sun are a potential danger during the summer months so make sure you stay hydrated, have on plenty of sun protection, and are watching the children for signs of heat stroke.
Finally, be aware of any animal hazards while swimming, and don’t forget that we share the oceans, rivers, and lakes of North Carolina and South Carolina with wild creatures such as sharks, alligators, snakes, jellyfish, eels, and snapping turtles. If you are taking a dip in the ocean, or a lake at night, that is also the time when many animals are looking for their dinner, and if you are not aware of what is sharing the water with you, then you may find that you, your child, or a pet is the victim of an animal attack. Remember you are wading into their home territory, and not the other way around.
Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs, and wishes you a safe and happy summer. Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for over 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.
The Super Bowl has turned into a veritable national holiday in the United States. No matter if your team is in the big game, or not, many folks tend to tune in to see the latest commercials, the halftime show, and even who wins! This year’s Super Bowl pitted the young upstart Los Angeles Rams against the tried and true New England Patriots led by the grizzled Head Coach Bill Belichick, and the legendary quarterback Tom Brady. In a throwback game, the Patriots prevailed 13-3, buoyed by a suffocating defensive effort, and making the clutch plays when it mattered. At the end of the game, Sean McVay, the Rams Head Coach, was still flabbergasted by what had happened to his team, uttering the words “I got outcoached.”
If you have a workers’ compensation case in North Carolina or South Carolina, it stands to reason that you want to be the New England Patriots, and not the Los Angeles Rams! Don’t pick an attorney that is going to be outcoached, and out maneuvered. Simply, if you are seeking representation for your workers’ compensation case, just like the Super Bowl, experience really does matter. Tom Brady, the Patriots quarterback, had been there before, and it showed. Jared Goff, the Rams quarterback, was playing in his first Super Bowl, and that showed too. Don’t entrust your workers’ compensation case to an attorney that does not practice workers’ compensation, or does not have the level of experience that you want. You want someone like Tom Brady that has been there before, and has the experience to do the very best to prevail on your case. The Super Bowl is one game for all the marbles with no do-overs, or second chances. Likewise, you have just one workers’ compensation claim, and how it turns out could go a long way in determining your medical, and financial, future.
In a workers’ compensation case, your attorney serves as your quarterback, head coach, and your defense. Coming up with a strategy to achieve the best result on your unique set of workers’ compensation case facts is crucial. Sometimes as a workers’ compensation attorney you need to think outside the box, and try something the other side does not expect. Other times you need to stick to your game plan, and trust that things will go exactly how all of your experience says it will go. Coach Belichick, and Tom Brady are known for in game adjustments based on the flow of the game. A good workers’ compensation attorney knows how to adapt to the flow of a case, and to do his, or her, best to achieve the best result for their clients.
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. We have been there before and know what to do to help our clients navigate the often confusing world of workers’ compensation. We know how to perform in the clutch, and give every bit of our effort for our clients because we know your case is not just a game, but real life with very real repercussions. Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for over 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.
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!
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!
Many companies have a yearly outing to Las Vegas, or another similar destination where alcohol is flowing freely, and judgment is often compromised by a “party” atmosphere. So, what happens if you get injured during the good times? Is your injury covered under workers’ compensation? If you slip and break your collarbone because you slipped on the casino’s marble 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 sponsored, and paid for by your employer.
Whether you were paid wages for attending.
Whether the outing was considered a fringe benefit of employment.
Whether attendance was mandatory, and whether there would be a penalty for not attending.
And, whether the purpose of the outing was to benefit the employer, such as improving employer/employee relations.
So, if you have been hurt on the job during a company outing, 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 877-372-3580, or at 704-343-0018, for a free consultation. Let us help you!
We are rapidly
approaching that time of year when Daylight Savings Time forces us to go to
work when it is dark out, and return home from work, and school activities
after the sun has set. It seems that we don’t even get a chance to
experience any sunlight, unless it is from the windows of our schools, or
workplaces. The madness of rush hour gets even crazier, no matter where
you live, and even though our schedule has stayed the same it seems we have
less time on our hands to get where we need to be. So, when your daily
routine has you driving around in the dark, don’t fall prey to the temptation
to go a little bit faster, and get to your home, or job – a little less
carefully.
Since your daylight is
literally shorter, start your day just a little bit earlier, so you can get
yourself, and your loved ones where they need to be that day. It is also
wise to focus on 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. The
reality is that if you can’t see as well in the darkness that applies to the
other drivers on the road too, except those drivers may not be as careful as
they should be, and they may cause an accident.
If you find yourself
as the victim of a careless driver, 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.
We often get calls from people that have been injured on the job that are proceeding pro se, which means without an attorney representing them. Workers’ compensation law is incredibly detailed and whether a case is denied, or accepted as compensable by an insurance company, or self-insured employer, often turns on the interpretation of these details. Often, we see claims that should be accepted, denied by an insurance company because of their interpretation of the facts. Without an attorney that specializes in workers’ compensation, an injured worker may just give up. It doesn’t have to be that way!
Hiring a skilled attorney to fight for you is just like hiring any other professional to do any other specialized job. You wouldn’t try to diagnose your own medical condition, or do surgery on a family member. You also would not likely try to fly a commercial airliner, drive a tank, or pilot a cruise ship. We all have different skill sets in the occupations we have chosen. Make the right choice and retain a workers’ compensation attorney to help you!
Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights in North Carolina and South Carolina, 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!
With the advent of winter weather, it is important to make sure you are aware of the vehicles, pedestrians, and especially the commercial vehicles that you are going to encounter as you travel the highways and byways of North Carolina and South Carolina. Awareness is also important on job sites, warehouses, parking lots, and other workplace common areas. Winter weather often brings in water, ice, and snow that make areas such as bathrooms, hallways, and parking lots hazardous to your footing. Make sure you take extra caution in navigating areas at your workplace that now may have hidden dangers to them that you are not normally used to having to worry about.
It is not enough to just be aware on the road, and at the workplace as today’s world news headlines are filled with reports of violence occurring in malls, airports, and schools. So wherever your travels may take you, get in the habit of being aware of who is around you, what exits are available to you, and have a family plan so you don’t become a news headline. 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!
Falls on the Job – Are They Covered Under Workers’ Comp.?
In general, a fall on the job is considered a compensable workers’ compensation accident. However, there are some important exceptions to this general rule. If a fall occurs, because the worker’s leg gave way in an unexplained manner, that has been found not compensable. Falls caused by epileptic seizures have also been found to be not compensable, because the seizure was not related to the employment. Also, falls that occur when an employee is not on the employer’s premises, or that do not occur in the scope of their employment have been found to be not compensable. These situations should be distinguished from a circumstance where a person reaching overhead in the course of their job duties loses their balance and falls. This fall would be compensable, barring any other unrelated cause such as dizzy spells, seizures, or a heart attack.
So, if you have been hurt on the job because of a work-related fall 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!
Wishing You a Safe and Happy Holiday Season
It is hard to believe that the holidays are just around the corner! In the next several weeks, we will be enjoying precious time with family, friends, and co-workers. We will also be on the road in the dark more, hustling from school events, and holiday parties, and travelling to malls and outlets to do holiday shopping. During this time of year, we might even get our first chilly blast of icy or snowy weather, turning the roads and highways into a frozen, scary adventure! So, make sure that you give yourself enough time to travel safely, and watch out for drivers travelling too fast for the road and weather conditions. Remember even four wheel drive isn’t very useful on a patch of sheer ice! Also, if the weather is that bad -- ask yourself if you really do need to go out at that time – and just maybe that little bit of caution will keep you from causing, or getting into an accident.
If you are attending an office or family holiday party, always use a designated driver if you are going to be celebrating with a little too much holiday cheer. Night time, slick roads and drinking and driving can be a potentially fatal combination. If you are travelling at night, or on the weekends during the holiday season, please be cautious and remember that just because you are choosing to act safely and responsibly, others folks may not be acting in the same way, and are a hazard on the road due to their holiday intoxication.
If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this holiday season or any 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.
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.
If you have a denied workers’ compensation claim in North Carolina, or South Carolina, where your employer is claiming not only that you never reported the injury, but also that it never even happened, you may find yourself in front of a hearing Commissioner telling your side of the story. Invariably, after you relate to the hearing commissioner, just when and how you got hurt, your employer will march up the stand a whole host of witnesses, saying you did not tell them a thing about being hurt! What is the one thing that usually breaks the standoff? Medical evidence.
If you are hurt on the job, go to the hospital, or your doctor as soon as possible! Tell the hospital, or doctor that you got hurt at work. What often breaks the tie in the hearing commissioner’s eyes, is what a person told the medical providers right after the accident. So, if they see you saw the doctor, literally right after you testified you got hurt, and told the doctor what you just testified to, it gives you credibility, and establishes when and how you got hurt. Often, the doctor’s notes can be the workers’ compensation claimant’s biggest ally in winning their case.
Injured workers are usually in total disbelief that their employer would try and deny their claim. But, many employers are concerned about the “high cost” of workers’ compensation insurance premiums, and are going to do their best to have no claims filed, even to their employees’ detriment. Also, many managers’ compensation structure is based on the amount of lost time accidents that occur on their watch. An employee getting hurt in this case literally takes money out of their pocket. 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!
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.
If you are injured in
an accident on the job in North Carolina or South Carolina, and that injury is
caused by a third party, your company’s workers’ compensation insurance company
is not relieved of its obligations under the law. If you are hurt on the job by a third party, your company’s workers’ compensation insurance company
still must provide medical care, weekly benefits if you are written out of
work, and a settlement if you have a permanent injury, scarring or
disfigurement, or other impairment. Once your workers’ compensation case
is concluded, you can then seek compensation from the third party that hit you.
For example, if you
are working inside your company building and a third party drives through the
building and strikes you causing you to suffer a broken leg, your company’s
workers’ compensation insurance company must step in first to take care of
you. When your workers’ compensation case is concluded you would go after
the third party driver’s liability insurance company. But, keep in mind,
your company’s workers’ compensation company is given a lien by both North
Carolina and South Carolina law to recover from the third party liability
insurance company for what they paid out on you, the injured worker’s
behalf. Navigating this scenario can be very confusing, and intimidating.
Tippens & Zurosky
is available to serve both your auto accident and workers’ compensation needs,
and can help you if you have been injured on the job by a third party.
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.
The
Joke Was On You At Work – Can You Recover If You Got Injured?
Since
the time human beings have been on the planet, and been engaged in some sort of
employment, there have always been those instances where one co-worker for
whatever reason decides to play a joke on another co-worker. The examples
are many from the simple pulling out the chair in the meeting room as the
person goes to sit down, to the complicated booby trap in the storage facility,
to the knocking over of the co-worker occupied portable toilet at the
construction site. But, what happens if you are that innocent co-worker
and get injured in the process?
The
laws of both North Carolina and South Carolina have generally held that the
innocent victim who gets injured by this “horseplay” has a compensable workers’compensation case. The theory behind holding these cases as compensable
is that being the subject of workplace “horseplay” is a recognized hazard of
employment. Of note, the courts of both states have frowned on the
aggressor of the “horseplay” who injures himself in failed “horseplay” on
another in certain circumstances.
If
you have been injured in an automobile accident, or hurt on the job by
“horseplay,” 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!
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!
Summer is here and with it comes vacations to the beaches, or mountains, kids playing outside, visits to area pools and lakes, and sometimes torrential downpours that make driving a challenge. Take care this summer when driving through neighborhoods and be aware that kids may be outside playing, even after dark. Also, make sure in rainy weather that you are allowing a safe following distance as slick roads tend to shorten the distance that we think is safe. Don’t forget to pay attention to the car in front of you, who may be from out of the area, and thus prone to stop short, or drive distracted. Have your eyes on the traffic, and the road conditions, both of which can change instantaneously on long trips to the beach, or mountains.
The hazards of the road are only one potential danger. Take great caution in the operation of fireworks, and make sure your children are properly supervised, and out of any potential blast zone. Likewise, be aware and careful when lighting a gas grill for a momentary distraction could be far longer than merely momentary, and lead to a gas build up that when ignited can have drastic consequences. The ultimate heat of the sun is a danger during the summer months so make sure you stay hydrated, have on sun protection, and are monitoring the children for signs of heat stroke. Finally, be aware of your surroundings while swimming, and keep in mind that we share the oceans, rivers, and lakes of North Carolina and South Carolina with wild creatures such as sharks, alligators, snakes, jellyfish, eels, and snapping turtles. Those folks that choose to swim at night are entering a time when many animals are looking for their dinner, and if they are not careful then they may find themselves, a child, or a pet the subject of an attack. Remember you are invading their environment, and not the other way around.
Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs, and wishes you a safe and happy summer. 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.
A personal injury attorney is one that specializes in
helping individuals that get injured in motor vehicle accidents, on the job, or
in other circumstances. Over the years,
this section of the law has taken quite a public relations beating in the media
with terms like “snake,” “shark,” or “ambulance chaser” being used to describe
attorneys that work exclusively helping individuals, not corporations. The reality is that personal injury attorneys
are the only attorneys that have the knowledge, experience, and resources to
take on the big corporations, and insurance companies, and help the so called
“little guy” get the compensation he deserves.
Throughout recorded history those with power and money such
as big companies have used this power and money in certain circumstances to
exploit their workers, or gain an unfair advantage. To the insurance companies, people that file
claims are literally just claim numbers, rather than people with families to
support. It is the job of the insurance
company, or self-insured big corporation to try and pay the person that they
injured as little as possible because it’s just “good for business.”
Personal injury attorneys are the last white knights that
exist in today’s society, and can literally be the only thing preventing a
person from getting taken advantage of by an insurance company, or self-insured
corporation. Without personal attorneys,
justice is often not served. For through
lawsuits brought on the behalf of the injured, personal injury lawyers have
acted to check corporate recklessness, and made the world a fairer and safer
place.
If you get in an auto accident, or are injured on the job in
North Carolina, or South Carolina during this 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.
