Downfall to Specialization?

October 13, 2013, by Michael A. DeMayo

It can’t happen to me, right? When I hear people talk about a workplace injury, I am relieved that I work in safe place where nothing like that could ever happen to me.  If this summarizes your perception of a workplace injury and subsequent Worker’s Compensation claim, you’re not alone.  Several of the many claims that get presented before the North Carolina Industrial Commission each year arise from the exact same mindset.  All too often, we simplify our assumption of what hazards at work include and prematurely, dismiss any possible concerns for our own safety as those hazards not encompassing us.  The truth of the matter is an unfortunate reality that surprises many workers in North Carolina each year.

Fortunately for us, the North Carolina Industrial Commission recognizes that injuries at work don’t have to come from a large machine, heavy equipment or even a sloppy risk management plan.  Sometimes workplace injuries can occur from doing the same activity time and time again.  The repetitive motion that a worker performs can give way to permanent injuries that leave you out of work.  The signs of a repetitive motion injury are not as obvious as those that happen in one sudden instance because they are gradual and part of your everyday responsibility.  This manifest itself in the Charlotte and Mooresville region just as it would in any other part of the country where people are asked to perform specialized tasks.

Take a factory that produces ink pens for example.  Because I know nothing about how to make ink pens, let’s improvise on the procedural aspect.  Person A hands the hollow plastic shell that protects the “ink stick” to person B.  Person B slides the “ink stick” into the hollow plastic shell.  Think about the physical aspect of this very simple act.  Person A uses his hand and arm and turns slightly right to pass off the plastic shell to the person next to him and turns back towards the assembly line.  Imagine doing that fifty to sixty times per minute.  Now imagine performing the same task for an hour.  Now four hours.  Now eight hours.  Now imagine that over the course of years.  After a few years Person A may have a problem with their joints or worse and is no longer able to perform the same task.  The immediate assumption may be to dismiss it as age or fatigue; however, this could be a detrimental mistake.  Think about your tasks at work and consider if the repetitive task and the injuries may be related.  This can be even more difficult than recognizing the injuries early enough to stop it.  If you believe you have suffered from a repetitive motion injury at work, call the Law Offices of Michael A. DeMayo right now.  You owe it to yourself and your family if you’re unable to work.  Call us at 877-333-1000.  You can even request a free case evaluation at www.demayolaw.com in minutes.

Smile! You’re on “ReducedDamages” Camera!

September 3, 2013, by Michael A. DeMayo

Really? Can they do that?  That seems so unfair?!  While not at all unheard of in the trial setting, this somewhat creative tactic may likely make its way into the world of North Carolina Workers Compensation. 

If a workers compensation case is not settled in pre-trial litigation there will likely be a need for the defense—or the employer’s workers benefits insurance company to show that the amount of damages in which an injured at work individual seeks is excessive.  How is this done?  Well, after you begin to heal from the injury you may or may not be allowed to return back to work depending on the severity of your injury.  The less work you are required to do at work the less opportunity the defense may be able to successfully show that you are close to “pre-accident” health condition. Generally speaking, the amount of function loss to your body is one component of determining a fair workers compensation settlement or demand.

If the insurer can show video of you after the work injury in which you are throwing couches single-handedly into the back of an 18-wheeler, or if you’re doing a back flip off the diving board then you do not appear to be injured.  This can be a huge burden for your workers compensation attorney to overcome if a substantial portion of your claim is a back injury that will prevent you from future employment—such as moving furniture.

While it is not a common practice in North Carolina, it may become a commonly accepted practice.  There are countless approaches that insured’s attorney will employ to prevent you from getting the compensation you deserve.  For this reason, it is imperative that you call us today.  At the Law Offices of Michael A. DeMayo it won’t cost you anything to see if we can help.  Call now at 877-333-1000.  If you prefer, request a free case evaluation.  You can do so by going to our website, www.demayolaw.com.

Car Accidents: Employee, Injured Driver or Both?

August 30, 2013, by Michael A. DeMayo

The paperwork following an accident can create more pain and suffering than the actual auto accident itself.  This is all too common a reality for people who try to coordinate with the insurance companies directly.  Now just imagine adding on top of that coordination with your employer, the employer’s workers compensation carrier, the human resources department, and the other vehicle’s insurance company on top of the treatment you need and you’ve got yourself a migraine that an entire box of BC powders can’t cure.

When a person is involved in an auto accident in North Carolina and the injured party was on the job at the time there are special considerations that the injured party may encounter.  The lines of responsibility can be even more blurred as there is a closer and closer connection that deviates from the cookie cutter employer-employee relationship.  For example, there may be a significant distinction that will determine fault or the extent of fault based on the particular task that the employee was performing at the time of the auto accident.  Additionally, is this an activity that is commonly performed in this manner for the employer?  Does the vehicle belong to you? Or is it a company vehicle?

The distinctions may appear miniscule, but common sense tells me that if answers to these questions can preclude one party from accepting responsibility—it will. I’m sure you’ve heard the old adage, “too many cooks in the kitchen” that could easily describe the situation as the number of involved interested parties increases.

Each of those parties will likely have an attorney experienced in auto accidents and workers compensation cases who will be instructing the representatives on how to handle each step of the process and you need to have the same.

Fight fire with fire.  Call the Law Offices of Michael A. DeMayo today and learn how we can take the pressure off of your shoulders and ease your recovery.  Call us at 877-333-1000.  If you prefer, request a free case evaluation at our website, www.demayolaw.com.

Don’t Leave Your Future Unprotected

August 18, 2013, by Michael A. DeMayo

One of the most confusing concepts to understand regarding an at-work injury is the future damages that are currently unrecognized. The workers compensation claims differ from auto accident claims in regards to medical expenses and lost future wages that may be unknown at the moment.

To an injured person this can be quite difficult to grasp because it may feel like you’re just speculating about the potential costs the at-work injury will carry. For this reason, it is very important that you contact an attorney who handles workers compensation cases regularly and understands how to forecast future losses based on market data and issues specific to you to reconcile a reasonable demand.

Naturally, the workers comp insurer will tell you no—and that you “pulled that number out of the sky.” At this point in dealings with the insurance company, what do you tell them? How do you back up or justify your demand for losses that haven’t actually occurred?

At the Law Offices of Michael A. DeMayo we work hand in hand with people who have been injured at work to protect their future. If you have been hurt at work, give us a call at 877-333-1000 or check out our website, www.demayolaw.com.

“That Dolla Makes Me Holla”

August 11, 2013, by Michael A. DeMayo

If you’ve ever seen the hit show “Honey BooBoo” on TLC you can’t help but love the entire family led by loving and opinionated “Mama June.” The show was a spinoff from TLC’s Toddlers and Tiaras that showed off the little fireball Honey BooBoo with all of her hilarious sayings and phrases.

The family truly is the epitome of a loving, down-home rural Georgia family who spends time together and doesn’t need material things to fill any holes in life. They really are what politicians refer to as “middle America.”

Just like the rest of middle America, the family has overcome many obstacles in life, one in particular, a work place injury Mama June received while working in a factory that rendered her unable to continue working. As a result, Mama June had to get creative when it came to providing for her family. This is the perfect example of how good folks are affected by an injury at work that could have permanent devastating effects of a family’s livelihood. Workplace injuries in North Carolina like this one are all the more reason to make sure that you are protected and make whole from what the injury took from you.

If you’ve been hurt at work, give us a call at the Law Offices of Michael A. DeMayo to make sure you are protected. Don’t fight it alone, the risks are far too great when it comes to caring and providing for your family. If you prefer, check out our website www.demayolaw.com to request a free case evaluation today.

NC Sweepstakes Mirrors Workers Compensation Regulations

August 4, 2013, by Michael A. DeMayo

A recent change in the North Carolina Sweepstakes law has police officers seizing sweepstakes machines across the State.

Over the weekend, Charlotte Mecklenburg Police seized seventy-six machines from one business and a stack of cash related to the now illegal machines. Several people across Charlotte have seen police go into a business in the peak evening hours and take machines. So what’s different in the law?

There is a slight nuance in the regulation that allowed bars, restaurants and other establishments to have machines that print a ticket that is redeemed for cash with a designated representative who works for that particular bar or restaurant. Now, the loophole in the North Carolina law has been closed. It happened just as the North Carolina legislature was preparing to close session.

How is this similar to Workers Compensation regulations? Well, it’s these nuances that both help and hurt injured workers across the State. For example, there may be two identical situations where an employee is injured at work and one is covered under Workers Compensation and the other is not.

These nuances prevent people from getting the help they deserve because an employer prevents a claim or even fails to disclose all pertinent information.

If you believe that your work related injury should be covered under workers compensation, but you’re getting the run around, give us a call at 877-333-1000 to understand your rights if you’ve been hurt at work in North Carolina.

Baseball comes back to Charlotte!

July 3, 2013, by Michael A. DeMayo

If you drive through Uptown you construction signs up, hard hats, mountains of metal, mounds of dirt and other countless reminders that pretty soon we’ll once again get to watch baseball right smack dab in the middle of the queen city. 

From the time I got wind of the groundbreaking, and subsequently each time I catch a red light I get a chance to notice the some of the progress that is made since the prior time I noticed the work site. Yesterday, I stopped–actually parked my car and got out to look at how much collaboration among multiple employees it really takes to put something like that up in just a matter of months.  It truly is amazing.  Of course, my mind wondered quickly past the phenomena of the moment and began spotting all the likely dangers that one can face when working in a construction zone with so many large machines and other employees. 

It’s reassuring to know that I have helped so many people get their life put together again after being injured at work.  The stories we hear about the struggles that people face after being injured at work seem nearly insurmountable.  I am proud of the work we do here at the Law Offices of Michael A. DeMayo for workers’ compensation clients at what is arguably one of the most trying times in their life. 

If you have been hurt at work please give us a call at 877-333-1000 or fill out a free case evaluation at demayolaw.com.  You’ve got the hard part–turning land into a beautifully crafted stadium in a short time.  Let us take care of the claims process, work before the North Carolina Industrial Commission and protecting your rights.

Why do I need a workers’ compensation lawyer?

June 30, 2013, by Michael A. DeMayo

If you have been hurt at work, you may find yourself asking this question.  Well, you probably have received a form from your employer that is the functional equivalent of a form that has been submitted to the industrial commission.  It may seem like the employer and the workers’ compensation insurance carrier are working together to make sure that you are taken care of; however, understanding the requirements imposed on employers can make it easier to see that providing certain paperwork to an injured employee is a rule and not a simple nicety. 

The North Carolina Industrial Commission imposes certain requirements on employers and you want to make sure that your rights are protected.  Arguably, one of the most important reasons to have a workers’ compensation lawyer in Charlotte is because it may help your employer and the insurance company recognize the seriousness of your claim.

Often times people who may handle a claim directly can become upset and this may likely lead to fallouts at work and likely create a hostile work environment.  If you’ve been hurt and need to be taken seriously, call the Law Offices of Michael A. DeMayo to schedule a free case review today.  You can contact us at 877-333-1000 or check out what a few of our clients have to say at www.demayolaw.com.

Homebuilding Economic Indicators Point to More Construction Accidents

June 18, 2013, by Michael A. DeMayo

While most economic indicators appear to need a right click and refresh to recognize a change, permits for new homes and commercial sites may be rising.  More construction creates a presumption that there will be more new construction workers and even some who have been on the sidelines while the building market remains stagnant.

Absent any additional safety measures or training for new construction workers, we will likely have more building sites with more employees which presumes more accidents for the construction workers who make it happen.  The problem with this is employers may be trying to skimp on additional overhead costs and unfortunately it’s all too common that employee insurance may be one of those costs an employer sees as “optional.” This is a problem. 

If you’re hurt while working on a construction site, do you care if the employer met his bottom line, or how he is able to reduce overhead costs? NO! You want your health back and you don’t want it back at the expense of giving your family a roof on the head and some food in the belly.  Monroe accident attorneys spend countless hours fighting against the money over safety employers all the time.  It takes great skill and dedication.  Do not be misled.  If you are attempting to hold your employer responsbile, you can be certain that you will get a fight. 

You may be better off finding a different way to cover the costs of your medical bills and  time out of work and not ruffle the boss man’s feathers.  In other situations, that may not be the case and you may have rights at risk.  In any event, contact an injury lawyer in North Carolina to find out what you should do.  You may decide that you are better off handling a claim through your own insurance, but having the peace of mind that you talked to a Monroe personal injury lawyer is worth the five minutes it will take to contact us.  Call the DeMayo Law Offices to find out if we can help at 704-333-1000.

Miami Deck Collapses–Makes Us Think

June 14, 2013, by Michael A. DeMayo

Late last night after the deck of bar filled with NBA patrons collapsed last night.  It’s crazy to think that something like that could happen.  One minute everything is fine–folks are having fun as they cheer on their favorite NBA team.  The next minute, the whole world changes because of some malfunction.  While the cause may still be unknown, it’s obvious that something went wrong. Why? Well, decks don’t just collapse absent some problem. 

While in this situation it may be obvious it may not be so obvious when it happens to us personally.  These types of “malfunctions” happen more often than we’d like to believe and sometimes, you may fall victim to something like this when you’re working.  If you’re not there as a patron, but rather an employee, should the owner’s responsibility to you change? 

Well, it honestly depends.  While the duty owed to you–an employee may be different from that owed to a patron, an employer should still be the person responsible for your injuries.  After all, this is why the North Carolina Industrial Commission requires that certain employers carry workers compensation insurance or otherwise be able to cover your losses through reserve funds.  We have seen time and time again that these situations do happen. 

Although it is obvious who should be responsible for  these injuries, it is much more difficult to get the employer or even the work comp carrier to accept responsibility for  these injuries. If you have been hurt at work you know all too well what I’m talking about.  It can feel like you’re being hurt all over again and feel like your employer doesn’t care about you. 

If this happens to you, it may be a good idea to contact a Charlotte injury attorney to handle your claim and take the burden off of you to handle correspondence with the workers compensation carrier.  Rather  than spent countless hours on the phone with a work comp rep, take five minutes to call the Law Offices of Michael A. DeMayo.  Time and time again, we hear clients tell us how easy it is to work with us and most importantly, how we are able to alleviate that stress in their life.  Give us a call at 704-333-1000 today.

 
 

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