North Carolina Workers' Compensation Lawyers Blog

In a recent South Carolina court case, it was determined that a certain workers' compensation claim was not filed within the statute of limitations. Because it was filed late, the claim was denied, leaving the person involved with no compensation for a health condition that she believes was caused by her former employer's workplace.

This is why our North and South Carolina workers' compensation attorneys want to remind you that missed deadlines and other procedural errors can ruin a case.

In a previous post on our North Carolina Workers' Compensation Blog we reported on the dangers of a dusty work environment.

In the denied claim case, the client was an employee for Respondent National Service Industries, a linen company. The client described her workplace environment as poorly ventilated, sticky and hot, with dust and lint in the air.

The client reports being exposed to bleach fumes and not wearing any personal protective equipment (mask). She started to have sinus and breathing issues in 1992. Furthermore, she indicates that she never had sinus or breathing problems in the past. She was diagnosed with a pulmonary and respiratory condition called sarcoidosis in 1995.

Patients with sarcoidosis often experience a dry cough, chest pain, trouble breathing, fever, fatigue, joint pain, headaches, rashes and itchy/watery eyes.

Because the client's doctor did not know what caused her condition she did not pursue the case any further. Fast forward 10 years to 2005 when the client went for a second opinion. Again her doctor could not confirm that her condition was caused by her work environment, but the exposure to fumes and airborne particles did worsen her condition. The client filed a workers' compensation claim based on this new information. The claim alleges her working conditions at the linen firm caused the damage to her respiratory system. Remember, she was diagnosed with sarcoidosis back in 1995 but had no idea it was related to her working conditions.

One commissioner found the client had sustained a compensable injury but the full commission overturned that decision. The full commission found the client's claim was disqualified by a two-year statute of limitations.

The findings of the full commission determined that the client knew about her poorly ventilated working environment and with some investigating on her part, could have realized she had a claim earlier than her 2005 filing date. An appeal was filed but the Court of Appeals, the circuit court and the Supreme Court all affirmed the full commission's decision.

The exact cause of sarcoidosis is unknown but possible causes include:

-An acute immune reaction to infection.

-An elevated sensitivity to environmental factors.

-Genetic factors.

Earlier this year, an Occupational Safety and Health Administration press release announced the development of two documents to help both employees and employers understand the use of spirometry testing to prevent and reduce exposures to respiratory dangers in the workplace. This testing would provide early detection of breathing problems or changes to employee's lung function.

Continue reading "Court Case Demonstrates Need for Skilled North Carolina Workers' Compensation Lawyer" »

Our North Carolina workers' compensation lawyers in Statesville and elsewhere urge you to contact an experienced workers' compensation lawyer if you are involved in a work accident in North Carolina. Job injuries can lead to lost time from work or costly medical expenses that you can't afford. Let us relieve you of some stress by guiding you through this complex process.

Here are just a few of the many frequently-asked questions fielded by the North Carolina Industrial Commission :

-Does an employer have to provide workers' compensation coverage?

Yes, if they have three or more employees.

-What should I do if my employer does not have workers' compensation insurance?

You need to notify the NCIC Fraud Section and report that your employer does not have workers' compensation insurance or approved self-insurance.

-What should I do if I am injured on the job?

Immediately report the injury to your employer both orally and in writing.

-Who directs and provides my medical treatment?

The Commission orders your employer or its insurance company to direct and provide medical treatment. The Commission needs to approve an employee's request to change doctors prior to the change. Payments to the doctor are not guaranteed unless written permission to change physicians is obtained.

-What are the Chiropractic Rules?

Your employer can give you permission to go to a chiropractor up to 20 times for medical treatment. If more appointments are needed, your employer needs to approve them first.

-When am I eligible for lost wage compensation?

No compensation is paid for the first seven days unless the disability lasts longer than 21 days. If the disability does last longer than 21 days, then compensation for the first seven days are paid.

-How often are benefit payments made and at what rate of pay?

Usually payments are made on a weekly basis but the Commission can approve monthly payments. The rate of pay is about 67 percent of your weekly pay. For 2009, the maximum weekly pay was $816, which is adjusted annually.

-How long can I receive lost-time weekly benefits?

Current law stipulates until you are able to return to work.

-What is permanent partial disability and who determines it?

Partial or total loss of use of a member of the body or the lack of ability to earn what you did prior to the injury. The Commission decides with the assistance from the impairment ratings of doctors or proof of wage earning capacity.

-What happens if my employer refuses to acknowledge the claim?

When liability for payment of compensation is denied, the claimant, their attorney, the Commission and all health care providers will be notified of the reason for the denial. The denial form must explain in detail the exact reason for the denial of liability. You can file a "Request for Hearing" form if your claim was denied by the insurance company. You may be required to pay medical bills if the claim was deemed a non-compensable workers' compensation claim.

Injured or disabled workers should always seek the help of a legal professional if your claim is denied. Workers' compensation attorneys will fight for your rights and get you the compensation you deserve.

Continue reading "North Carolina Workers Injured on the Job Get Answers to Frequently Asked Questions" »

In an opinion filed in February, the Supreme Court of South Carolina held that South Carolina's worker's compensation system should cover the injuries suffered by a migrant worker when he slipped and broke his ankle in the living quarters provided, at no charge, by his employer. In finding so, the Court rejected the reasoning of the North Carolina Court of Appeals, which, in a similar case, had held that the worker's injuries should not be compensated because the worker was not required by contract to live on the premises provided by the employer. In that case, the North Carolina court had also held that, at the time when he was injured, the worker was not engaged in an activity that benefited the employer's business.

In Pierre v. Seaside Farms, Inc., the Supreme Court of South Carolina looked at the practical realities behind the terms of the written employment contract. The worker involved in the lawsuit had an employment agreement which said that his hours and days of employment were not set in advance, but dependent on the picking conditions in the field. The Court noted that the work site at issue was far from any potential residential rentals, that the worker was not paid enough to obtain other housing, and that the worker could be called in to work at any time, depending on the company's needs. In addition, the employer had testified that it saw the provision of free housing to its migrant workers as part of the cost of doing business. Thus, the Court determined that the nature of the job (rather than the written contract) did require the worker to live on the employer's premises.

Given this decision, when the nature of the work and the location of the work site make it necessary for an employee to live on the employer's property, the employee is likely to be covered under workers' compensation for injuries sustained while on those premises, as long as he or she is engaged in a "reasonable use" of the location.

Continue reading "South Carolina Workers' Compensation Protects Employee Injured While Living on Employer's Premises" »

Under North Carolina law, most employees are covered by the Workers' Compensation system (except for those working for employers who regularly employ fewer than three employees in one business, or, in the case of agricultural employers, fewer than 10 non-seasonal full-time employees). However, independent contractors are not eligible to receive workers' compensation benefits, and neither are "casual" employees, according to the Workers' Compensation Act. Do you know whether you qualify as an employee or an independent contractor, or whether you are a "casual" employee?

If you have suffered a work-related injury, or if you feel that your work environment has placed you at an increased risk of getting a work-related illness and has in fact caused you to develop that disease, you should contact an experienced North Carolina workers' compensation attorney for a detailed evaluation of your case. Don't jump to the conclusion that you are not an "official" employee. You should discuss your case with an attorney even if you have signed a contract that describes you as an "independent contractor." What determines your status is not the terminology of the agreement, but the real conditions of the employment relationship that existed between you and your employer at the time when the injury occurred. If an employer exercised a sufficient degree of control over the way in which you did your job, you may not be an independent contractor. If the employer provided you with the tools required for your work, set your hours, trained you, or required you to work at the employer's facilities, you may in fact be considered an employee for workers' compensation purposes.

You might also think that you are not an "official" employee because you don't have a written contract with your employer. However, oral employment contracts, if properly proven, are as effective as written ones when it comes to workers' compensation rights. If you had an oral agreement with your employer, consider any actions taken by the employer that might prove the terms of that agreement, and discuss your situation with an attorney.

Continue reading "Are You Covered by North Carolina's Workers' Compensation System?" »

Many of us have heard or read stories about people who filed fraudulent Workers' Compensation claims in North Carolina when they weren't as seriously injured as they'd claimed, or when their injuries were unrelated to their jobs. However, in its "Scam Alerts" coverage, the Coalition Against Insurance Fraud also lists several types of Workers' Compensation fraud perpetrated by employers, rather than employees.

While most employers find it in their best interest to provide sufficient workers' compensation coverage and take care of their employees, some resort to shady schemes in which they classify workers as having far safer jobs than they really do; classify employees as independent contractors (who would not affect a company's workers' compensation premium); or form several smaller companies, instead of a single larger one, so that none of companies would have the minimum number of employees that would trigger the requirement to provide workers' compensation. Occasionally, employers also try to control or manipulate the medical providers to whom they direct their employees when they are injured on the job.

According to the Coalition Against Insurance Fraud, such premium scams are much larger in scope than most fake-injury ones; they are also more complex and more hidden. They can last for years, impacting numerous workers' lives and depriving truly injured workers of hundreds of thousands of dollars.

Continue reading "Premium Scams and Their Effect on the Workers' Compensation System" »

In a recent article, the magazine Claims details an egregious example of abuse by two supervisors who had been responsible for enforcing the Workers' Compensation program at a paper manufacturing facility in California. The two supervisors eventually pled guilty to charges that they had denied benefits related to legitimate workers' compensation claims. Injured employees alleged that the supervisors drove them to a "company doctor" who was not really a doctor; remained in the examination room while the workers were being examined; and tried to influence the evaluation of the workers' conditions and the treatment prescribed by the "doctor." The supervisors, who are now awaiting sentencing, also apparently succeeded in dissuading a number of employees from ever filing workers' compensation claims.

In a recent decision (North Carolina Insurance Guaranty Association v. Board of Trustees of Guilford Technical Community College), the Supreme Court of North Carolina stated that "The legislative intent behind the Workers' Compensation Act has always been to provide workers secure, timely compensation." Thus, if you have been injured while on the job in North Carolina, or while working for a North Carolina-based company, you should pursue your rights confidently. You have the right to an impartial evaluation of your medical condition. In most circumstances, you should be compensated for your medical treatment and, if necessary, receive disability payments if a doctor orders you to take more than a certain number of days off work.

Continue reading "Pursuing Workers' Compensation Claims in North Carolina" »