Articles Tagged with workers’ compensation attorney

In work injury cases, injured employees may have a number of possible avenues in which to pursue monetary compensation for the damages suffered. One of the first, of course, is workers’ compensation. This is a no-fault system wherein the employer is responsible to pay into an insurance program that provides medical and wage loss benefits for workers injured on-the-job. This system does not allow workers to collect compensation for non-economic damages, such as for pain and suffering, and their wage loss compensation may be limited. church

This is why it’s important for injured workers to ask their workers’ compensation attorney about the possibility of pursuing third-party liability. Third parties that might be liable for a worker’s injury could include:

  • Manufacturer/ designer/ distributor of dangerous products/ machinery/ equipment/ vehicles;
  • The at-fault driver (if the injury was caused by a motor vehicle collision);
  • The at-fault driver’s employer;
  • The owner of the vehicle driven by at-fault driver;
  • The property owner;
  • The general contractor;
  • Other subcontractors.

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The Tennessee Supreme Court denied workers’ compensation benefits to the widow of a worker who died of an opioid overdose after taking medication he’d been prescribed following a work injury. pills

This ruling runs contrary to what a number of other state courts have decided, and was actually a reversal of the trial court consensus in Tennessee.

Opioid addiction and overdose has fast become a rising problem for employees and workers’ compensation insurance carriers. Many are discovering that the powerful painkillers used to treat acute and chronic pain following a job-related injury are highly addictive – and potentially deadly. Injured workers grappling with pain are prescribed Vicodin and OxyContin, Percocet and morphine. Continue reading

Smartphones are often in the headlines for in some way contributing to the risk of injuries. Typically, this has to do with their propensity to distract users, whether they are walking down the street, getting behind the wheel, or doing anything else that requires their full attention. iphone

However, a new study by the University of Wisconsin-Madison finds that smartphone technology could be used to help lower the risk of workplace injuries.

Specifically targeted in this study is factory and manufacturing work. Manufacturing companies require workers to make, package, prepare, and deliver products we use each day. The physical demands of this labor can result in a host of serious injuries, including carpal tunnel syndrome and tendinitis. Work injuries are trouble not just for employees and their families, but also for companies, which must pay workers’ compensation benefits and also lose out on time and productivity. Industrial engineering professors say they have found a way to tackle these problems.

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A North Carolina employer has been ordered to pay workers’ compensation benefits to a worker whose shoulder injury was caused by a work accident. Not only that, but also the North Carolina Court of Appeals ordered the company to pay a 10 percent penalty for failing to file its request to terminate the plaintiff’s disability compensation with the industrial commission after her unsuccessful trial return to the job. tires

The plaintiff worked for the defendant employer as a tire builder. While pulling at a tire, she felt her right shoulder “pop.” She was examined by a physician, who determined she suffered a “SLAP” injury, which is an injury that affects the labrum, or the ring of cartilage surrounding the socket of the shoulder joint.

She filed a claim for benefits, and a deputy commissioner awarded the plaintiff benefits for the injury to her shoulder and found her entitled to payment of future necessary medical compensation related to her injury.  That was in 2007. Three years later, the plaintiff suffered another injury at work to that same shoulder. Both sides agreed this was an exacerbation injury, meaning it was a continuance of the previous injury.

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When it comes to workers’ compensation claims in North Carolina, injured workers seeking temporary total disability need to show they are incapable of returning to work in the pre-injury job because the job requirements exceed the injury-related work restrictions, and the plaintiff has made reasonable but unsuccessful efforts to obtain suitable employment. tires

The requirement goes back to the term “disability” as it is understood in the North Carolina Workers’ Compensation Act, which is the incapacity to earn wages because of the work-related injury. Thus, for the state industrial commission to find an injured worker should receive workers’ compensation for loss of capacity to earn wages, it first has to find the worker was not capable after the injury of earning the same money as before in the same job, was not capable after the injury of earning the same money as before in a different job, and lacked the capacity to earn these wages due to the work injury.

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Two South Carolina workers were killed and a third seriously injured when a driver left the roadway and struck them as they were working alongside the shoulder of a highway in Aiken County. road construction

According to the Aiken Standard, the workers were employed by the S.C. Department of Transportation. The driver did not stop, but authorities reportedly arrested a 29-year-old for a hit-and-run later that day. (The incident occurred at around 8:30 a.m.) Witnesses to the crash tailed the vehicle, allowing police to identify the alleged driver. He has been charged with two counts of hit-and-run involving death and one count of hit-and-run involving injury.

One victim, 54, had been employed by the state transportation department since 1996, and the other, 64, had been employed by the state since 2012.

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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

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.

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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.

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