North Carolina Workers' Compensation Lawyers Blog

An employer must provide workers’ compensation benefits to an auto store clerk who was diagnosed with post-traumatic stress disorder (PTSD) after a gunman robbed the store.sad1

The decision was handed down by the North Carolina Court of Appeals in the case of Pickett v. Advance Auto Parts. Interestingly, a similar case was also recently decided by the Pennsylvania Commonwealth Court. That case involved a liquor store employee who was robbed at gunpoint and soon after diagnosed with PTSD. Although the employer in that case tried to argue that robbery was a “normal working condition” for which plaintiff should not be reimbursed, the court disagreed and awarded benefits.

So too did the North Carolina appellate court.  Continue reading

It was, in a sense, a single comma that was the deciding factor in the workers’ compensation case of Falin v. The Roberts Co. Field Services, Inc., recently before the North Carolina Court of Appeals. machineshop

Central to this case is North Carolina General Statute 97-2(22) of the Workers’ Compensation Act, which defines “suitable employment” as far as temporary partial disability payments are concerned. When a worker is able to return to work – but not necessarily to the exact same type of work – the company must try to offer suitable employment. If the company does not have suitable alternative employment, it has to continue paying disability benefits. The statute defines suitable employment as one that the employee is capable of doing considering preexisting and injury-related physical and mental limitations, vocational skills and education, and is one that’s located in a 50-mile radius of the worker’s residents at the time of injury or the employee’s current residence if employee had a legitimate reason to relocate. The law further states no one factor will be considered exclusively in determining suitability.

Defendant company in this case offered the partially injured worker a job that was more than 350 miles from his home, but argued that because the statute says, “no one factor will be considered exclusively,” this alone wasn’t grounds to consider the employment not suitable. The appeals court disagreed, noting, “Defendant ignores the grammatical construction of the statute, which separates the 50-mile radius requirement as an entirely separate clause, not jointed to the other “factors” by a comma, and thus not part of that serial list of factors.” Had the statute been written in reverse order, the court ruled, the 50-mile radius rule would have been considered an element in the series. But it isn’t. Thus, the worker won his case. Continue reading

A recent Safety National webinar asked a panel of industry professionals to discuss the top trends and concerns for workers’ compensation this year. The consensus was that in 2016, we should be looking out for:

  • Federal interest in state workers’ compensation programs
  • Changes to claim models
  • Election impactselection

Those issues were expounded on recently in an article by Claims JournalContinue reading

The issue of worker safety and opiod use is one that is garnering increased attention, most recently by South Carolina Public Radio. The station details how not only are injured workers taking the prescribed medication at risk for addiction and overdose (as we mentioned in an earlier work injury blog post on a recent National Safety Council report), but also for new injuries when they show up to work impaired by these substances. pills4

A medical adviser for the National Safety Council reported that he altered his career course – form a family doctor in Clyde, N.C. to an addiction specialist after he saw a scourge of prescription opiods and heroin tear down his small town. He stated three-quarters of his patients had lost their jobs. In some cases, they managed to hide the drug abuse for years, but it had an impact on their productivity and brain function.

The biggest concern as far as that goes, he said, was not only the effect on their work and personal relationships, but on their day-to-day safety – and that of their co-workers – for those who worked in safety-sensitive positions.  Continue reading

Some good news coming from the North Carolina Labor Department: Workplace deaths were down in 2015, according to official data.constructionworker

Still, it’s not necessarily enough to rejoice in a dramatic trend.

The Department of Labor reports there were 41 people killed in workplace accidents throughout the state last year, versus 45 killed in 2014.

First, let’s keep in mind: These are preliminary figures. The 2015 figure could increase slightly as pending investigations are completed or if a worker injured in an accident last year dies of those injuries this year.  Continue reading

The South Carolina Court of Appeals has ruled in favor of a Greenville workers’ compensation plaintiff who was injured on the job while pregnant.store1

In Russell v. Wal-Mart Stores, Inc., plaintiff was an assistant store manager who had worked at the site for more than a decade. In the fall of 2009, she was lifting something at work when she suffered injury to her pelvis and back. Because of her pregnancy, there was no diagnostic testing done and her treatment was very conservative. After she gave birth, she underwent an MRI scan and was treated with medication, exercises and injection. Her doctor at the time did not feel surgery was necessary.

She continued to work at the store, with a restriction indicated she could not do heavy lifting (more than 30 pounds). Around this time, she was diagnosed with back strain and degenerative disc disease. By 2011, she was ruled to have reached maximum medical improvement and was granted 7 percent permanent partial disability. The reward also gave her compensation for ongoing anti-inflammatory medications as necessary for treatment of her work-related injuries. Continue reading

A recent report from The National Safety Council details how an increasing number of injured workers are being prescribed powerful opioid  pain medications with adverse and sometimes fatal outcomes. pills4

The report indicates that in 2011, one quarter of workers’ compensation drug claim costs were for opioid pain medications for workers who had been injured on-the-job, yet studies show this hasn’t improved treatment outcomes.

In fact, there is evidence to suggest that dosing a worker with more than one week’s worth of opioid medications is associated with a worker being twice as likely to still be disabled one year later. Plus, these drugs often lead to serious harm, including addiction, overdose and death.  Continue reading

The way a company classifies its workers – whether as employees or independent contractors – has a significant bearing on whether they will be able to collect workers’ compensation benefits for an on-the-job injury. worker6

You see, employees are entitled to workers’ compensation benefits. Independent contractors aren’t. The problem is too many companies say their workers are independent contractors, when the collective evidence shows they are in fact employees. For these individuals, workers’ compensation benefits are not totally out-of-reach, but they are tougher to get because workers first have to prove in court that they are actually employees.

Now, North Carolina Gov. Pat McCrory has signed an executive order designed to crack down on those companies who purposely misclassify workers in order to avoid paying workers’ compensation insurance.  Continue reading

Far too many North Carolina companies are putting employees at risk by failing to secure the appropriate workers’ compensation insurance to ensure benefits in case they are hurt on the job. workers

The North Carolina Industrial Commission, the agency responsible for enforcing workers’ compensation law and overseeing claims, reports it has been cracking down on companies that try to evade their duty to workers and taxpayers. In the last year, the commission reports it has collected $1 million in civil fines from companies that were not properly insured. Further, some 100 employers were charged with criminal misdemeanors for willfully violating the law.

State law mandates that any company that has more than two employees has to provide workers’ compensation coverage – at no cost to the workers. It’s part of the “grand bargain” workers made with corporate America years ago when they forfeited the right to sue their employers for work injuries. In exchange, companies are supposed to keep this insurance and promptly pay out claims for medical expenses and lost wages due caused by work injuries or illnesses.  Continue reading

A group of bipartisan legislators in the South Carolina senate have introduced a bill that would allow some emergency responders to receive workers’ compensation benefits for the treatment of Post-Traumatic Stress Disorder, or PTSD.policeline

The condition is a psychiatric disorder that is often associated with military combat, and it typically occurs following experiencing or witnessing life-threatening events. It’s marked by biological changes in the brain, as well as psychological symptoms that can impair a person’s ability to function.

S. 429 introduced in the South Carolina General Assembly would allow first responders to receive compensation for mental injury or mental illness medically diagnosed as PTSD, assuming it arises from that worker’s direct involvement in a traumatic experience or situation at work. The bill specifically says benefits could be granted without regard for whether the experience or situation was “extraordinary or unusual” in comparison to what is deemed the “normal working conditions” of a first responder. Continue reading

Contact Information