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.
Showing posts with label injured on the job. Show all posts
Showing posts with label injured on the job. Show all posts
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!
North Carolina and South Carolina are seeing some of the coldest temperatures, and severe weather that has hit the area in decades. The freezing temperatures and inclement weather have brought hidden and obvious dangers to job sites, warehouses, parking lots, and other workplace common areas. Parts of North Carolina and South Carolina have seen record amounts of water, ice, and snow that make areas such as roadways, sidewalks, bathrooms, hallways, and parking lots hazardous to your footing. It is an absolute must to take extra care in these areas at your workplace that now may have hidden dangers to them that you are not normally used to having to worry about.
Likewise, at home if you need to use a supplemental heater that uses kerosene, or oil, make sure you do so safely. And, if your power, and/or heating sources all go south because of the weather from the north, please do not try to tough it out. Seek shelter as soon as possible so you don’t become a news story, or a statistic. Plan ahead for the weather, and above all be safe because Spring is just a few short months away! 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!
In many companies, managers and supervisors have their compensation and bonus structure tied to the amount of accidents that occur on the job on their watch. So naturally, these managers and supervisors will often discourage their charges from making workers’ compensation claims. At the very least, they will try to avoid being the one that documents the injury so it won’t fall on them. But, what happens when managers, or supervisors, get hurt on the job in North Carolina or South Carolina?
Unfortunately, in our experience, we see managers, or supervisors that either, do not report their own injuries for fear of reprisal, or try to work outside medical restrictions and just “tough” it out. Then, they have a shocking realization when the company that they have been loyal to, is not loyal to them. The district manager, or owner that they attended company business meetings with, and even considered a friend, no longer take their calls, or answers any emails or text messages. 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 moves on from their loyal employee. Don’t let this happen to you!
Workers’ compensation cases can be confusing, especially when your company is just doing what is best for it! You need someone to look out for you, so call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim! Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, who can fight for your rights during this often long and difficult workers' compensation process. Call us toll-free at 877-872-3580, or at 704-343-0018, for a free consultation. Let us help you!
Was Your Case Denied
Because You Weren’t Sure Exactly When You Hurt Your Back?
If you injure your back on the job, the law requires you to have been injured in a “specific
traumatic event,” which is defined as injuring yourself as a direct result of
the work assigned to you such as lifting up a box, or pallet. The law
does not, however, require you to know the exact hour, or even day that the
injury happened. But, some employers and their workers’ compensation
insurance companies have a rather different take on the law.
We hear of injured
workers getting their workers’ compensation claims denied simply for not
knowing the exact second, minute, or hour they hurt their back lifting up a
box. Literally, the injured worker was not looking at his watch while
lifting the box, and tried to keep working through it the rest of his shift.
When he couldn’t give the exact time he was lifting the box that injured his
back, his case was denied. His case should have been accepted by simply
reporting to his supervisor that he lifted a box, and felt pain in his
back.
Don’t let your
company, or the workers’ compensation insurance company, tell you what the law
is on back injuries! Call Tippens & Zurosky so that we may help you
get the answers you need about your workers’ compensation 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 today.
I Got Hurt at My Company Picnic, or Outing – Is that Workers’ Compensation?
Many companies have summer picnics, or social activities, but what happens if you get injured at this summer outing. Is your injury covered under workers’ compensation? If you slip and break your ankle because you slid into home plate at the company’s annual summer softball game, 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 the summer outing include:
Whether the party was sponsored, and paid for by your employer.
Whether you were paid wages for attending, and whether attendance was taken.
Whether the party was considered a fringe benefit of employment.
Whether you were required to work if you didn’t go to the outing.
Whether attendance was mandatory, and whether there would be a penalty for not attending, i.e was it really mandatory.
Whether there was a known company custom for attending the outing.
And, whether the purpose of the party was to benefit the employer, such as improving employer/employee relations, and the kind of event where awards were given, and speeches were made that were connected to the company’s work, and that of the employees.
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!
Should I Talk to the Workers’ Compensation Adjuster?
Most people think that if they are hurt on the job, then quite
obviously their companies’ workers’ compensation insurance company should be
responsible for paying their medical bills, paying them when they are out or
work, and compensating them for any permanent injuries. It is
understandable why an injured worker would think that, and why shouldn’t they
talk to their companies’ workers’ compensation insurance adjuster. The
company has the injured workers best interest at heart, right?
First of all, companies don’t have “hearts,” and operate to make
a profit. Workers’ compensation insurance premiums are expensive, and
represent a sizable chunk of a company’s overhead, depending on the nature of
the business. Some companies make it a priority to deny as many workers’
compensation claims as they can to save money, and sacrifice their workers in
favor of maintaining the bottom line. Workers’ compensation adjusters
will often ask for a recorded statement over the phone under the guise of
finding out what happened. But, what is, and what is not, an accepted
workers’ compensation case, can turn on the subtlest of accident
descriptions. The workers’ compensation adjuster knows what is, and what
isn’t, an accepted, compensable workers’ compensation case. An injured
worker does not have that same knowledge. So, do not do a recorded
statement without an attorney representing you, and being present on the phone
with you. Failing to do so may result in your case being denied by the
workers’ compensation insurance
company.
Workers’ compensation cases being accepted, or denied are
sometimes in the finest details! You need someone to look out for you, so
call Tippens & Zurosky, so we can be your voice, answer all of your
questions, and file your claim! Tippens & Zurosky has knowledgeable,
experienced attorneys certified in North Carolina and South Carolina, who can
fight for your rights during this often long and difficult workers'
compensation process. Call us toll-free at877-872-3580,
or at704-343-0018, for a free consultation.
Let us help you!
Utilization/Peer Reviews and Your Workers’ Compensation Case
If you are injured on the job, and your claim is accepted by your self-insured company, or your company’s workers’ compensation carrier, your employer is responsible for paying your medicals bills, time out of work, and possibly compensation for a permanent injury. Your employer or their workers’ compensation insurance carrier gets to dictate what doctors you see in exchange for paying the bill. But, sometimes, the workers’ compensation carrier seeks an opinion that second guesses the doctor they picked to send you to in the first place!
Called utilization, or peer review, if your authorized treating doctor recommends performing a surgery, or other treatment that the workers’ compensation insurance company doesn’t want to pay for, your records get sent to yet another doctor. Peer review doctors have never seen you, have contracts with the insurance company that pays them by the review, and often are retired, or do not have an active practice anymore, surgical or otherwise. Naturally, if someone is paying you to do something, you are going to make sure that they get what they want. It is no different with peer, or utilization reviews. Generally, the workers’ compensation insurance companies get what they pay for, and that is where you need an attorney that will fight for your rights, and in particular for the treatment the doctor says you need!
Workers’ compensation claims can be quite frustrating without someone on your side! You need someone to look out for you, so call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim! Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, who can fight for your rights during this often long and difficult workers' compensation process. Call us toll-free at 877-872-3580, or at 704-343-0018, for a free consultation. Let us help you!
They Fired Me! Can I Still File Workers’ Compensation?
One of the most common misconceptions is that if your employer fires you from your job this either stops workers’ compensation if it has been started, or prevents you from getting any workers’ compensation benefits at all. Even if you are terminated, your employer may still be responsible for paying your medicals bills, time out of work, and compensation for a permanent injury. Even though misconception is NOT true, we hear from clients all too often who have told us that their employer fired them, and then told them they cannot file workers’ compensation! If you are hurt on the job, make sure you get a written accident report if at all possible! If your employer fires you on the spot, and refuses to assist in getting you medical care, seek the medical care you need, and make sure to tell the medical provider that you got hurt at work!
So, if you have been hurt on the job and then terminated, seek the medical care you need, 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 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!
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!
When you get injured in an automobile accident, or get hurt onthe job, it is very easy to get confused by the vast amount of information that
you may hear from friends, family, or co-workers. Like the old saying
goes – everyone knows a little bit about something! But, when you are
injured in an automobile accident, or get hurt on the job, the one group of
people that know information that you do not are the insurance adjusters.
If you are injured in an automobile accident, or get hurt on thejob, one of the very first people you may speak with is an insurance adjuster,
who rest assured knows the ins and outs of what makes your case one they accept
responsibility for and one that they do not. Sometimes it literally is
just a matter of what words you choose to describe an accident on the job, or
an auto accident that makes your case one they pay on, or one they do
not. Unfortunately, there are some adjusters that are very skilled in
leading you through a series of questions that has the end result of your claim
being denied.
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 at877-372-3580, or at704-343-0018, for a free consultation. Let us
help you!
Most of us have had situations in our working lives where we have really wanted to punch a co-employee in the nose. But, if you did punch your co-employee, and knock them to the ground where they broke their arm, can they file workers’ compensation? The rule is if one worker injures a fellow co-worker because of a dispute about the manner in which work is being performed then the injured worker’s injuries are compensable under workers’ compensation. For example, if in the midst of a discussion about how to properly stack widgets so that the manager will not write them up for incorrect procedure, one worker strikes another with the widget and injures them, those injuries are compensable.
However, if one employee assaults the other solely from anger, revenge, hatred, or sheer vindictiveness and is not motivated by an incidence of employment, it is not compensable. For example, one co-worker was in the habit of insulting another’s mother, and finally in defense of mom, the miffed co-worker slammed his co-worker in the face with a hammer. Another common instance is romantic rivals fighting over a newly found out personal relationship. Just because work was a convenient venue for the assault to occur, it does not make it a compensable worker’s compensation case.
So, if you have been hurt on the job because of a work-related dispute 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 877-372-3580, or at 704-343-0018, for a free consultation. Let us help you!
A common misconception is that when you are injured in an automobile accident on the job that the liability insurance company for the negligent person that caused the accident is solely responsible for your injuries. If you are in the scope of your employment, your company’s workers’ compensation insurance company is still responsible for paying for your medical care, your time out of work at two thirds of your average weekly wage once you satisfy the waiting period, and potentially a settlement based on any permanent impairment you may have as a result of the auto accident.
Your company’s workers’ compensation insurance company has the right to be reimbursed from the liability insurance company for what they have paid out on your behalf. But, the liability insurance company is no less responsible because you were in the accident on the job. It can be quite intimidating and confusing to try and deal with both of these insurance companies when this situation arises, as they both are obviously concerned with what is in their best interest, and not yours!
If you have any questions about what to do after an auto accident, whether it happens on the job or not, 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 companies for the person that hit you, workers’ compensation if it applies, and work to get both matters satisfactorily concluded for you!
Tippens & Zurosky 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 to schedule a consultation so that we may assist you.
I Got Hurt at My Company Holiday Party – Is that Workers’ Compensation?
Many companies have a yearly holiday party, but what happens if you get injured at it. Is your injury covered under workers’ compensation? If you slip and break your ankle because you stepped in some spilled holiday punch, 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 holiday party include:
Whether the party was sponsored, and paid for by your employer.
Whether you were paid wages for attending.
Whether the party 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 party was to benefit the employer, such as improving employer/employee relations.
So, if you have been hurt on the job during this holiday season, 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!
During this very busy and hectic time of year, the attorneys at Tippens & Zurosky will speak with people that have been injured on the job, but do not want to file a claim until after the holidays are over because they are afraid of losing their job. It is certainly understandable to want to be able to provide gifts for family and friends, but delaying, or simply not reporting your claim in a timely manner can have a seriously detrimental effect on your claim.
In North Carolina you have 30 days to notify your employer, and in South Carolina you have 90 days to do so. While this deadline can be excused in certain circumstances, if you are hurt on the job you need to report it immediately. Typically, the longer a person goes without reporting the claim the more scrutiny the claim gets from their employer, and their employer’s insurance company. In addition, people who may have witnessed your accident may leave the company, or simply not be able to remember what happened so clearly if they are asked down the line.
So, if you have been hurt on the job during this holiday season, 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!
Wednesday, November 11, 2015
It Doesn’t Hurt to Ask…
When someone is hurt on the job, or injured in an automobile accident in North Carolina, or South Carolina, they usually have lots and lots of questions about their actual legal rights. Usually, their friends, family, and coworkers are willing to offer advice to the person injured on the job, or hurt in an automobile accident. But, as the old maxim goes—a little bit of information is dangerous.
Automobile accident laws, often called negligence, or tort laws, vary from state to state, and circumstance to circumstance. What seems to be an insignificant bit of information might actually be crucial to the disposition of the case. Listening to advice from a nonlawyer from someone “who has been through it before,” might have a detrimental effect on the claim.
In our experience, there is a great deal of misinformation folks can hear when they get injured on the job—sometimes this misinformation comes from their own family members, or employers! Workers’ compensations laws are complicated and inadvertently saying the wrong thing, or listening to the person who is giving you the wrong advice could be fatal to your case. It is crucial to speak with a qualified workers’ compensation attorney, if you are injured on the job to make sure you get the right information.
At Tippens & Zurosky, we tell our clients, and prospective clients that the only bad question is the question that isn’t asked of us. 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.
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!
Most folks growing up had the experience where they heard from their parents, teachers, pastors, or coaches that honesty is the best policy. That same time tested maxim applies to workers’ compensation claims as well.
Of course, if you are injured on the job you need to 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.
But sometimes when a worker gets hurt on the job, other factors come into play the moment the worker tries to report the injury to their supervisor. Numerous times we have received calls from injured workers who when hurt on the job were told by their employers that if they filed the claim they would be summarily terminated. In that scenario, the injured worker would keep working as best they could with their injury, and either never get medical care, or file health insurance and simply not inform their doctor that they were hurt in the job. Inevitably, the call we get is when the person gets terminated anyway, and conveniently for their employer there is no documentation at work, or in the medical records that the injury occurred on the job.
Another situation an injured worker may find themselves in when they get hurt on the job is when their employer tells them they will continue to pay their full wages, and all of their medical expenses, but to go to the hospital and tell the doctor that they were hurt at home, or somewhere else other than the job. The employer then denies the accident ever happened, and when the employer’s workers’ compensation insurance company gets the hospital records predictably they deny the claim because the medical records do not document that an injury happened at work. The injured worker then has a huge and often insurmountable uphill climb to prove their accident happened on the job.
So, if you are hurt on the job, honesty is the best policy. Make sure your claim is reported and documented even if your employer is threatening your job status. Tell your doctors that the accident happened on the job, and don’t delay in getting medical treatment. Go to the doctors as soon as possible! Because you simply cannot afford to assume that your employer will do the “right thing.” Your employer will take care of his/her own interests, and you need to take care of your interests. 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!
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!
