If I Fall On The Job In North Carolina Is It Covered By Workers Comp?

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!

Can My Workers Comp or Personal Injury Case Be Investigated?

What Do You Mean I am Being Followed?

In today’s day and age, if you are in the middle of a personal injury or workers’ compensation case the prying eyes of the insurance companies and their attorneys may be on you.  Social media investigation is just one part of the equation.  So, if you have any type of litigation going on, or even a claim where everything is going smoothly, it is usually prudent to cease all activities on social media.  Even the most innocent post taken out of context can do damage to your case.

Also, it might seem like something out of a movie, or television program, but often insurance companies and their attorneys will hire a private investigator to follow you to try and get some video of you doing something that is inconsistent with your doctor’s restrictions, or portrays you in an unfavorable light.  So, be aware of your surroundings at all times, especially looking for cars and individuals that you know just don’t belong in your neighborhood.  Often a doctor will write down a set of physical restrictions, but verbally encourage you to push your physical limitations.  Obviously, do what your doctor is telling you, but make sure of you are testing, or pushing your limits per the doctor’s orders that you do so in a safe environment out of the view of any unfriendly eyes.

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!

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.