How Social Should Your Social Media Be? Can Social Media be used in court?

The short answer is not very social!  If you are hurt in an automobile accident, or on the job in North Carolina or South Carolina, your social media presence could have a negative effect on your case.  In this age of selfies, Facebook, Instagram, and personal blogs, it is very easy to get yourself out on the Internet with your innermost thoughts and feelings on full display for the world to see.

However, if you are hurt in an automobile accident, and have to go to trial, perhaps the jury members won’t be so forgiving of a tweet, picture, or posting that doesn’t portray you in the most favorable light.  Those of us in the legal field call it electronic discovery, but to a plaintiff in a lawsuit such discovery is potentially harmful to their case.  The same new rules apply in a workers’compensation case.  If you are hurt on the job, it is best to shut down you social media presence because believe me your company, and their workers’ compensation insurance company are very interested in what you are posting.  We have seen cases where old posts come back to haunt clients who have new and sometimes devastating injuries.  So what can you do to protect yourself is to shut it down, and if you are going to be active keep it as private as possible with the caveat that if someone really wants to get your social media information they probably will be successful regardless of the protections that you think you have in place.     

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.  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 I Get Hurt At a Company Event Can I Claim Workers Compensation?

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!

Tips For A Safe Summer In The Carolinas

A Safe Summer is the Best Summer

Summer is here and with school out many young and inexperienced drivers are on the road at times they are usually not driving.  Some may be traveling to summer jobs, and learning the hazards of morning rush hour, while others may be going to water parks, amusement parks, or the beaches or mountains.  So, be aware of these carloads of potential chaos, and make sure to give these young drivers extra following space, and allow them the courtesy of learning the right, and safe way to drive by being a good example on the road.

If you have a job that takes you outside in the summer months, take the simple, common sense precautions of staying hydrated, having on sun protection, and being aware for signs of heat stroke.  Also, the forests, mountains, oceans, rivers, and lakes of North Carolina and South Carolina are teeming with wild creatures and insects that may choose to defend their territory.  Take a little more time if need be to finish that task, and avoid the careless stepping on of a hornet’s nest, or fire ant mound.  Sure, you have yourself a workers’ compensation case, and your employer, or their workers’ compensation insurance company will pay for your medical bills, but that is a painful way to learn about the workers’ compensation process!    

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. 

My Manager Doesn't Want Me To File Workers Compensation, What Should I Do?

Why Doesn’t My Manager Want Me to File Workers’ Compensation?

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.  But, sometimes an injured workers’ manager, or supervisor creates roadblocks to even get the claim reported.  Now, just why would your manager, or supervisor do this to you?  Because the reality is – your manager, or supervisor thinks your workers’ compensation claim is going to have a negative effect on them!

Some companies tier manager bonuses on the amount of lost time accidents that occur on their watch.  So, if you are hurt on the job and go to report it, your manager may see you as siphoning money out of his/her wallet, when all you are trying to do is get the medical care you need for your on the job injury.  Some companies also tie in more than bonuses to workers’ compensation cases that happen under a managers’ supervision.  Some companies tie in performance evaluations, area budgets, and continued employment based on the amount of injuries that occur.  It is no wonder that some managers try to convince employees not to file claims, or allege they cannot “find” any accident reports, or even state they simply do not have any idea how to do that “workers’ compensation” thing.        

Workers’ compensation claims can be quite frustrating without your manager, or supervisor trying to sabotage your case!  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!

How Long Should You Wait To File a Workers' Comp Claim?

Good for the Company is Not Good for You

A common scenario we see on a regular basis is when someone calls in with a workers’ compensation claim that is being denied because it wasn’t reported, or was reported after a significant period of time.  Many companies post in conspicuous spots in their warehouses, or other workspace the amount of time it has been since an on the job injury occurred.  Sometimes, there is an unspoken pressure on an injured worker to not report a claim so that they “don’t mess it up for everybody else.”  Likewise, witnesses to a workers’ compensation case involving one of their co-workers often feel pressured to do witness statements that present the facts in the light most favorable to the company, or that simply state that they “witnessed nothing at all.”

If you are injured on the job, report it immediately, and don’t be afraid about the repercussions to your fellow employees.  What is good for the company in this case, is not good for your health, and that of your family.  Your company has the legal obligation in an accepted workers’ compensation case to pay your medical bills in full, pay you compensation at 2/3 of your average weekly wage if you are written out of work, and compensate you for a permanent injury.  Ironically, we see people that did not report their on the job injury “for the good of the  company” get terminated because they can no longer work due to their injury.

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!

Hurt On The Job? What Should You Do Next?

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 at 877-872-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Workers’ Compensation and Choosing Your Doctor

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!