Articles Tagged with workers’ compensation lawyer

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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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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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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A worker was killed in a Rock Hill construction accident at a high school campus recently. boom lift

The decedent was later identified as a 20-year-old from North Carolina. He had been operating a boom lift at the time of the incident, since he was working on ongoing brick-cladding repair to the exterior of the high school.

Authorities revealed he worked for a construction subcontractor, and the Occupational Safety & Health Administration has launched its own investigation into the incident. The construction company released a statement expressing condolences and also insisting this was an “isolated incident.”

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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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A former data entry clerk for a South Carolina school district will have another opportunity to have her “change in condition” claim weighed. The original workers’ compensation claim stemmed from a May 2006 fistfight between two male students in which the plaintiff was pinned against a counter and sustained serious injuries to her neck and back. sad

Later that summer, the plaintiff filed for disability, alleging she was permanently disabled. A commissioner overseeing her case ruled she suffered 45 percent disability to her back as a result of the incident. However, her last payment of benefits was issued in January 2008.

Then, a year later, the plaintiff filed a claim for change of condition, asserting she was suffering from depression as a result of her back injury. She requested a change of condition hearing in March 2011.

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In a workers’ compensation case that involves third-party negligence, the employee can seek damages from that third-party. This is usually a good idea, if that option is available, because the amount of compensable damages in a personal injury lawsuit are typically over and above what one might receive in a workers’ compensation claim. car accident

However, one must note that whatever damages you collect from that third party, your employer may retain a lien on the portion it already paid. So for example, your employer covers $50,000 in medical expenses through workers’ compensation and you later win an injury lawsuit against the third-party for $150,000 – which includes $50,000 for medical expenses. Your employer would be entitled to collect its $50,000, and you would only be entitled to collect $100,000.

In a recent case out of the North Carolina Court of Appeals, the court ruled that a defendant ordered to pay an employer directly from an injury judgment was entitled to have the matter reviewed by the superior court.  Continue reading

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

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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