A workers’ compensation insurer lacked standing to bring a third-party liability claim against a negligent driver who caused injury to an insured worker. ambulance

That was according to a recent ruling by the North Carolina Court of Appeals, which disagreed with plaintiff insurer that N.C. Gen. Stat. § 97-10.2 granted it standing to file suit. That statute outlines claims against third parties under the state’s Worker’s Compensation Act.

The court noted that under this provision, it is the employee who has the sole right to proceed against a third-party wrongdoer in the first year after the injury. If the worker does not file an action in the first year and the employer has filed an admission of liability with the state industrial commission, then either the worker or the employer can go forward with a third-party liability claim. If neither the employee or employer file a third-party claim 60 days before the expiration of the applicable statute of limitations on that claim, the right of action goes back again exclusively to the employee.  Continue reading

The scheduled-member statute of the South Carolina Workers’ Compensation Act spells out the number of weeks’ worth of compensation to be paid claimants based on the “member” or function claimant has lost. For example, a plaintiff who loses a thumb will be entitled to a total of 65 weeks for total loss. A plaintiff who suffers loss of a leg will be entitled to 195 weeks’ worth of compensation. The list goes on. power

In a recent case before the South Carolina Supreme Court, justices were asked to consider whether a claimant’s ability to hold gainful employment could, on its own, preclude a determination of permanent disability per the scheduled-member law. The court answered: No.

According to court records, plaintiff was employed at a large chain hardware store when, as he was helping a customer, he fell on the concrete floor and suffered severe injury to his back. Continue reading

Administrators with the North Carolina Department of Transportation said they have planned meetings with traffic engineers and officials with local governments in Mecklenburg County after a spate of crashes on the I-77 toll lane that is under construction. construction

According to WBTV.com, there was an uptick of 400 crashes last year in comparison to the three previous years. There was no one kind of crash that occurred in particular – rear-end collisions, sideswipes and crashes with fixed objects all rose in frequency in this entire construction zone. In the active work zone areas, it was even worse. There was a nearly 85 percent increase in the number of sideswipe crashes in this segment, and fixed object crashes were up more than 60 percent.

NCDOT said it plans to dispatch safety units and traffic engineers to conduct an analysis of what can be done to improve safety along this corridor. Officials did note that while crashes in construction zones tend to be more common than in other areas, they tend to be less severe and less likely to result in injury or fatalities. This often has to do with the fact that people may be traveling at lower speeds, but often in traffic patterns that are unfamiliar or even confusing.  Continue reading

The estate of a school teacher who died of mesothelioma can hold the school district liable that she for worked at the time of her alleged exposure to asbestos. teacher

That’s according to a ruling by the Commonwealth Court of Pennsylvania, which ruled that so long as the exposure leading to illness fell within one of the exceptions to governmental immunity, the case can proceed. The case is noteworthy for the fact that often, suing an employer for workplace injuries is barred under workers’ compensation exclusivity rules.

According to the case’s court records , plaintiff worked for the district as a high school mathematics teacher for a single year in the late 1950s. At the time, she was allegedly exposed to asbestos coming from dust in the pipes found in stairways, classrooms and hallways of the school. Of course, at that time many schools were constructed with asbestos-laden materials, including floor tiles, ceiling tiles and insulation. This was especially true for those who worked in the schools, those who were exposed to it day after day for years. Continue reading

A variable wage worker is one for whom wages are not consistent from month-to-month, week-to-week or sometimes day-to-day. The most common example of this is tipped workers, or those who rely on tips for the majority of their pay. Restaurant workers and those in the service industry usually top this list. server

When these employees are hurt on-the-job, the question of what they should receive in compensation is often a tricky one. Workers’ compensation is based on a percentage of a worker’s average weekly wage – specifically 66 and 2/3 percent the average weekly wage, not to exceed $978 a week as of 2017. As workers’ compensation lawyers, we usually can get this information easily for salaried workers. However, we often have to look more closely in cases where a worker receives variable wages or when he or she recently earned a raise or changed positions.

In a recent case before the Kentucky Supreme Court, the question regarding whether a worker was salaried or made variable wages was in question, as she had changed jobs in the months before the work injury.  Continue reading

A gas station clerk who was shot and seriously injured while in his personal vehicle outside the store will be allowed to collect workers’ compensation for his injuries. That’s according to a ruling from the state’s Commonwealth Court, which held the injuries inflicted by violence were work-related, even though he was preparing to leave for the night, and he wasn’t technically on site. gun

The justices looked carefully at evidence tending to indicate the shooting was retribution by the family members of a woman who had been arrested for shoplifting.

According to PennLive.com, the plaintiff was shot soon after he was threatened by the woman’s relatives.

Continue reading

The North Carolina workers’ compensation law entitles employees injured on the job to receive reasonable and necessary medical expenses for their injuries. This includes, per the General Assembly’s amendment to the Workers’ Compensation Act in 2011, attendant care services, which may be provided by a family member or other loved one. In many cases, the person has to give up their job (often a much better-paying one), but it is usually no less of a “job.” hands

Attendant care is a type of hands-on assistance with a person’s functional needs, including activities of daily living. It could mean helping with meals or shopping, keeping house, bathing, managing finances, and helping a person take their medications. Often, it’s the same type of service that may be offered in an assisted living center, but not quite so intensive and from the person’s private residence.

In a recent case before the North Carolina Court of Appeals, the justices were asked to consider if the North Carolina Industrial Commission was wrong to grant attendant services benefits to the mother of a worker who suffered an on-the-job traumatic brain injury years earlier.

Continue reading

While there is a potential for any worker to be injured on the job, some are at higher risk than others, given the industry in which they work or the type of job they do. worker

However, some workers are at a statistically higher risk on the basis of their skin color or their ethnic or national origin. That’s according to a new study conducted by researchers at The University of Southern California. Study authors included experts in health policy, economics, and medicine.

Researchers opined the cause may be disparities in economic opportunities that lead them to take on jobs that are more dangerous and heighten their risk of injuries and subsequent disabilities.

Continue reading

Although occupational illness isn’t specific to any industry, there are inevitably some professions that are at higher risk for exposure to certain toxic substances or materials that can be harmful. One of these dangerous jobs is firefighting.firefighters

Not only are firefighters exposed to intense heat and smoke, but also they have direct exposure to the public. Additionally, they may have direct exposure to harmful building materials, such as lead and asbestos, that are known to cause debilitating conditions – even cancer.

Firefighters, police officers, and other first responders and government workers seeking workers’ compensation should speak to an attorney, since there may be some special considerations. Even volunteer firefighters and first responders are covered under state statute, although there are sometimes challenges in ensuring there are adequate funds to pay these claims.

Continue reading

The law in North Carolina requires workplaces that have three or more employees – regardless of whether they are full-time or part-time – to secure workers’ compensation for those workers. work boots

Approximately 70,000 workers were injured on the job in North Carolina last year. Many people assume that if they are injured at work, they’ll be covered by workers’ compensation, a no-fault system that covers medical bills and lost wages.

Unfortunately, according to a new report from WSOC-TV, tens of thousands of businesses in the state aren’t offering the coverage – defying legal requirements.

Continue reading

Contact Information