Tips For a Safe Holiday Season in the Carolinas

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.

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. 

Auto Accidents Happen, Tippens & Zurosky Can Help

Driving in Rainy or Snowy Weather

Every Fall season, we get all excited with the change of seasons, Halloween, and Thanksgiving.  But, during the Fall, daylight savings time shortens our time driving home from work, or school in the light, plunging us into darkness.  Make sure you take time, and slow down so that you can see hazards on the road.  If you are caught in unexpected snow, or heavy rain, drive cautiously, and try to get off the roads as soon as possible.  You can account for your actions, and drive slowly, and reasonably, but you can’t account for those folks that are driving too fast for conditions, and putting your life, and theirs into jeopardy with their actions. 

Often the last vestiges of hurricane season, dumps upon North Carolina and South Carolina powerful storms that cause flooding, heavy rain, tornadoes, thunder and lightning, and power outages.  If you are in an evacuation zone, heed the warnings of your local and state governments, and evacuate if you are told to do so.  Material things are replaceable, but you and your family members are not.  If you are unable to evacuate, seek refuge at a recognized state, or local government shelter.

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. 

Injured in an Automobile Accident in North Carolina? We Can Help.

North Carolina Rule 414 – Legislated Unfairness

In 2011, the North Carolina legislature passed a law most commonly referred to as North Carolina Rule of Evidence 414, but also referred to as “Billed versus Paid.”  This rule of evidence has had the disastrous effect of creating absolute unfairness to those injured in automobile accidents in North Carolina.  Rule 414 is an evidentiary rule, with the intent to be only applied to matters that go to trial, but liability insurance companies are insisting it be applied in the settlement/negotiation phase of a personal injury matter.  So, you may ask – why is this such a big deal?

Simply, Rule 414 lets insurance companies make offers based on the amount of medical bill balances, and not on what the actual amount of the bill was before it was paid by the injured party, health insurance, or Medicaid, or Medicare.  Previously, the collateral source rule disallowed any mention of what was paid, or not paid at trial.  So now, if you are injured in an automobile accident in North Carolina, and incur medical bills of $100,000.00, and the health insurance that you pay for out of every paycheck pays 80% of it, the insurance company makes an offer based on $20,000.00, not $100,000.00.  Now, if you do not have any health insurance, the insurance company has to make offers based on the full $100,000.00.  Now, you know why the title of this blog is legislated unfairness.  Why should insurance companies be allowed to benefit from something that you pay for out of every paycheck?  The answer is easy, and quite infuriating actually – the North Carolina legislature let them!

We are waiting for some appellate cases to address this unconstitutional unfairness, but in the interim personal injury attorneys are invaluable in terms of offering strategies, and assisting in negotiating with the insurance companies.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult automobile accident process.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

What Can You Do If Your Workers’ Compensation Case Is Denied?

What Do You Mean That’s Not in the Scope of My Employment?

Most employees feel that if they are injured on the job, or injured doing something at the direction of their supervisor that their injury will be one that is accepted by their company’s workers’ compensation carrier, and their medical bills will be paid, and they may get compensated for a permanent injury.  But, that is not necessarily correct.

When you are hurt on the job, your injury must be something that is considered in the “scope of your employment.” Being in the scope of your employment can be defined as something which benefits your employer, even if it is not in your actual job description.  The difference can be quite subtle.  For example, if you are hurt taking a group photograph with your co-employees that is just for the photographer, and not for a work purpose that is not in the scope of your employment.  If you are injured taking a group photograph that will be used in the company marketing material that is in the scope of your employment.  Likewise, if you are a security guard and are hurt stopping a robber that is in the scope of your employment, but if you are a trucker and try to stop a robber and get hurt, the courts of North Carolina have held that is not in the scope of your employment.  Often this distinction is so close that workers’ compensation companies simply choose to deny the injured worker’s claim as a matter of policy, or business practice.

     

If you are injured onthe 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 are hurt on the job, do you need to go to the hospital?

The Doctor is In..Dispensable!

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!

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.