If You Get In a Fight At Work Can You Claim Workers Compensation?

Fighting on the Job and Workers Compensation. 


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!

Is It Workers’ Compensation If I am Travelling for Work?

On the Road Again – Is It Workers’ Compensation If I am Travelling for Work and Get Hurt in North Carolina or South Carolina?

If your job involves travelling away from your employer’s premises, you are generally found to be within the scope of your employment continuously.  For example, injuries you might suffer out of the obvious need to sleep in a hotel, or motel, and eat in a restaurant are usually held to be compensable workers’ compensation cases.   Likewise, injuries you suffer travelling between your hotel and a restaurant, for example in a car accident, are also generally held to be compensable.  You are also considered on the job as you make your way back from where the work is to be performed as long as there is reasonable continuity between the travel and the employment. 

This rule holds true unless there is proof of a distinct and total departure on a personal errand, or the trip is made for primarily social, or personal reasons.  For example, taking off for the weekend on a personal vacation in a company vehicle and socializing with a company contact, but not at the direction of your employer, but for personal reasons is not typically going to be found compensable.  The reality of this subsection of workers’ compensation law is that nothing happens exactly in the same way, and the blurring of personal versus business can be a fine line between a compensable case and a denied one!      

So, if you have been hurt on the job while travelling for your job 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!

I Was Hurt In a Car Accident At Work. What Happens Next?

Auto Accidents on the Job

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.   

How long do you have to file a workers comp claim in North Carolina?

The Early Bird Files a Claim

One of the most common scenarios we hear about is when a person gets injured on the job, but because of a fear of losing their job, the “encouragement” of their manager or supervisor not to file a claim, or simply not knowing how to file a claim, they have waited months after the accident to file a claim with the workers’ compensation insurance company for their employer.  It is absolutely crucial that you report your accident to your supervisor, or human resources immediately, and get a written accident report done to memorialize what happened.  Often, a delay causes the workers’ compensation insurance company to deny a claim because there is no documentation that the accident happened, and the injured workers’ company becomes “unsure” if anything ever happened.

A great example of this is when someone lifts boxes as part of their job, but on one particular day lifts a box and feels pain.  They may be used to having nagging aches and pains from doing this kind of work and thus did not report it.  Or, if they did actually report the injury, a supervisor will just ask them to work through it, or try to minimize what happened and not document the injury.   So, weeks or even months later, the injured employee, who has been trying to work through it, but now has a serious back injury that has gotten worse and worse, tries to report the claim.  And, to the injured employee’s great surprise, the claim is denied because he or she “never told anybody,” or because of the delay can’t honestly remember when they got hurt, or exactly how it happened.

So, if you have been hurt on the job 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!

Holiday Driving Safety Tips

Tis the Season…

The holidays are full of hustle and bustle as we race around battling mall traffic, getting to school or church events, and attend holiday social gatherings. Sometimes during this time of year, we get our first taste of snow, or icy weather which makes travelling even more challenging! So, remember to take it slow on the roads, and be aware of other drivers who are looking for the store they need to buy that special gift at, and not at the road in front of them. Also, give yourself some extra time to get to where you are going, so you don’t find yourself rushing and cause an accident.

If you are attending a neighborhood, or work holiday party, make sure you are using a designated driver if you are going to be drinking. Dark, icy roads and alcohol can be a potentially lethal combination. If you are on the road at night on the weekends during the holidays, you need to be aware that others might not be choosing to act responsibly, and take extra care on the road.

If you get in an auto accident, or are injured on the job in North Carolina, or South Carolina during this joyous 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.

Does A Injury At A Holiday Party Fall Under Workers Comp?

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!

Getting Injured on the Job During the Holidays

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!