August 2013

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.

 
 

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