North Carolina Workers' Compensation Lawyer Blog

No one would argue that the North Carolina workers’ compensation system is without flaws. But a breaking ruling out of Iowa shows that crazy cases and curious rulings are not merely the province of the “First in Flight” state.

The Iowa Supreme Court resolved a longstanding battle between Travelers Insurance Company and Grinnell Mutual Reinsurance over which company should compensate the family of a fallen volunteer firefighter, Justin Fauer. Brace yourself: the backstory is pretty weird.

A farmer named Dwight Johnson (of Johnson Valley Beef Farms) fell into a manure pit and got overwhelmed by methane gases. His employee, Fauer, noticed his boss’ plight and ran to tell Johnson’s wife to call the police. Fauer then returned to the pit and tried to help his boss out. But he, too, got overwhelmed by the methane and died in the pit.

So what led to the big workers’ comp battle? Well, Fauer was a volunteer fire fighter as well as a farmhand. So the farm’s insurance company as well as the volunteer firefighter’s insurance company have been duking it out in court (all the way up to the Iowa Supreme Court) over which firm should be liable for his family’s workers’ comp benefits.

Ultimately, Grinnell (which represented the farm) lost because of technical reasons pursuant to whether Fauer acted in the capacity of a volunteer firefighter or a farmhand. But without getting into too much detail about why, it’s important to recognize the broader implications. The length to which these two insurance companies went to avoid liability no doubt used up tremendous resources and court time. And this suggests a bigger problem – a broader problem – namely that North Carolina workers’ compensation cases (and similar cases throughout the US) can often get way too bogged down in the details at the expense of seeing that real justice gets done and that injured and needy claimants get their due.

The Moral: When the law gets overly technical, court battles drain much needed resources for no real justice-serving purpose.

Moving away from the abstract now… if you or someone you care about has been injured in an acute workplace accident or suffered an occupational disease or repetitive strain injury, you may want to seek guidance from a competent North Carolina workers’ compensation law firm. Understanding your rights is the key to reaching the best possible settlement.

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Travelers Insurance Company v. Grinnell Mutual Reinsurance

More about the Fauer tragedy

In the struggle to collect North Carolina workers’ compensation benefits for injuries at work, occupational diseases, and repetitive stress injuries, employees often lose sight of their ultimate aim, which is to restore their health and get back to work as quickly as possible.

After all, workers’ comp aims to empower hurt employees to return to a life of productivity, happiness, and health. And while it’s certainly important (and often necessary) to understand how to fight battles against bad faith insurance companies and employers that unfairly refuse to discuss your North Carolina workers compensation claim – it’s equally crucial to explore methods to speed up and augment recovery from illnesses and injuries.

This post will address some “secret” ways to improve rehabilitation:

1. Watch Your Diet

The ingestion of processed vegetable oils, trans fats, refined carbohydrates, and refined sugars has all been associated with aging, obesity, Type-2 diabetes, and immune system problems. By avoiding these foods and instead eating healthy protein and fats and fresh fruits and vegetables, you may be able to improve your body’s capacity to heal itself.

2. Improve Your Muscular Strength

In the wake of a debilitating injury, you may not have much time, energy, or motivation to hit the gym or even do basic physical activity. But the cultivation of muscular strength is essential for rehabilitation for many injuries – particularly injuries like sprains and soft tissue damage. Of course, always consult your physician and work with a professional physical therapist to make sure you don’t hurt yourself as you build your strength back.

3. Stress reduction

When you go through periods of excessive stress, your body produces the hormone cortisol. A little cortisol is okay, but so called “hypercortisolemia” – the over-production of cortisol – can cause a wide range of problems, including damage to your immune system. So try to fight back against stress by getting enough sleep, engaging in recreational activities, doing meditation and relaxation exercises, and spending time around people you love.

4. Rest

If you are a workaholic by nature, you may find it very difficult to stunt your urge to “get back out there” as soon as possible. To ensure your fastest recovery, ironically, you need to make sure that you don’t take on too much too soon.

If you need help responding to an urgent North Carolina workers’ compensation matter, a quality and experienced law firm can help you explore your rights and make sure that you don’t make any significant mistakes that would hamper your claim or delay your benefits.

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The Case against Sugar (Robert Lustig lecture)

The Case for Muscular Strength

On August 3rd, the entire country (including the normally provincial North Carolina workers’ compensation community) was shocked by a series of brutal workplace slayings in Manchester, Connecticut. An employee of Hartford Distributors, who claimed that he had been racially discriminated against, opened fire on his co-workers and shot and killed eight of them before he committed suicide at the scene.

The tragedy shocked central Connecticut. The employees and owners of Hartford Distributors (along with the company’s insurer, Hanover Insurance) must still be reeling from the disaster. Since the eight deaths occurred at work, the families of the slain employees should be eligible to collect death benefits through workers’ compensation. The families will have until next August 3rd to file claims, and analysts believe they will likely be able to secure hefty settlements given the grisly and very public nature of the deaths.

Interestingly, some industry analysts believe that the implications of this workers’ comp case could go well beyond Manchester and reverberate throughout the entire beverage manufacturing industry. After all, insurance companies set their rates by calculating risk probabilities. And this Manchester shooting and the (likely) large workers’ comp settlements it will yield will put pressure on insurers to revise how they appraise the risk of insuring beverage companies. So, in a very indirect way, the shooting could have ultimate implications for North Carolina workers’ compensation insurance.

If you or a coworker or a family member has suffered serious injuries at work, you likely need savvy guidance about how to proceed. Often, injured workers who don’t understand this system wind up with inadequate compensation for their disabilities. This makes the process of getting rehabilitated and returning to work that much more difficult – particularly in today’s testing economy. For help now with your case, get in touch with a creditable and results-proven North Carolina workers’ compensation law firm.

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Hartford Distributors

More about the Manchester shootings

There is no doubt about it – North Carolina has faced some seriously hard times over the past two years (called by some the “Great Recession”). But North Carolina workers’ compensation and wage analysts have some good news to report -- finally. A new survey by the state’s Employment Security Commission has found that the average weekly wage has risen by $1.16 since 2009.

Since inflation is not a factor, this implies that the wage increase is real – much needed relief for the state’s beleaguered workforce. Analysts found that the average weekly wage in August 2009 was $758.44 – this year, the wage was $759.60. That may not sound much – and indeed it’s only a 0.15% increase – but it does augur well, particularly if you see the rise in the context of the state’s slowly improving unemployment numbers. Back in February, NC had double-digit unemployment topping out at over 11%. The latest statistics show that the unemployment rate has fallen for four months in a row and finally dropped back into single-digits.

While these numbers may be encouraging, they should by no means cause for celebration. Predicting the long-term success of the state’s economy is notoriously a tricky business. However, for workers who have been surviving on North Carolina workers’ compensation and unemployment benefits, this news may help to kindle a renewed sense of industry, entrepreneurial activity, and general hope.

All that said, if you or someone you care for has been waylaid by an injury or occupational disease, and you are struggling to make ends meet while battling your employer or/and an insurance company, all of these positive signs may be beside the point. What you need is actionable strategic help with your case. To that end, it almost certainly makes sense for you to consult with a result-proven and highly credentialed North Carolina workers’ compensation firm to protect your rights and benefits.

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Great Recession

Employment Security Commission survey

A few months ago, this North Carolina workers’ compensation blog reported about the case of Christina Gamble, a 43-year-old woman who got arrested on charges of workers’ comp fraud, after insurance investigators found that she had been stripping while collecting disability benefits, ostensibly because she had trouble “standing and changing positions.”

The 43-year-old Gamble waitressed at Red Robin Restaurant in 2007. She allegedly hurt her back at work. In 2008, a judge granted her disability benefits of $360 a week. All told, she collected $4,000+ in expenses and $23,000+ in disability payments. However, the restaurant’s insurance representatives hired private investigators to track down Ms. Gamble. They found her working as an exotic dancer at CR Fanny’s Gentleman’s Club in nearby Wilson. The PIs taped her stripping and used this evidence to prove that her workers’ comp claim was fraudulent.

Obviously, any North Carolina workers’ compensation fraud case hurts everyone else in the system. When people fake disabilities or play up injuries to get benefits, this not only drains resources that could otherwise be used to help people who really are injured – but it also creates a sense of mutual distrust. When insurers and employers lose trust, they tend to crack down by making the process more difficult and the investigations more probing, personal, and annoying.

All that said, in the case of Ms. Gamble, you have to feel some sympathy for this woman. It sounds like she has had a very hard go of it. It’s obviously impossible to know her full story just from a news report. But it is important to remember that North Carolina workers’ compensation fraud comes in many flavors – some people purposely bilk the system to take advantage of loopholes; other people just get into desperate straits and do desperate and stupid things.

If you or a family member faces problems collecting benefits, your focus is 100% on getting these issues resolved ASAP. To that end, you might be well advised to set up a free consultation with a local North Carolina workers’ compensation firm to explore your rights, build a strategy to get your benefits and to resolve any agita associated with your claim, and work towards building a sustainable financial future for you and your family.

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CR Fanny’s Gentleman’s Club

Bucks woman to stand trial in workers' comp case

On July 19, the Obama administration laid out a four-year path for state agencies to improve safety standards and limit North Carolina workers’ compensation cases (and cases in the other 49 states, as well!). Obama’s memo noted that in 2009, 79,000+ claims were filed and $1.6 billion in payments were handed out. The President said “many of these work-related injuries and illnesses are preventable, and executive departments can and should do even more to improve work place safety and health.”

The President’s initiative, Protecting Our Workers and Ensuring Reemployment (POWER) compels agencies to improve in 7 categories of performance by the close of FY 2014. These include reducing total injury/illness rates, reducing lost time and illness rates, analyzing lost time data, increasing the timely filing of wage loss and workers’ comp claims, reducing loss production rates, and speeding employees’ return to their jobs. On Wednesday, the House Committee will further explore how to deal with federal workplace injuries.

How will POWER impact the North Carolina’s workers’ compensation system? At this point, it’s obviously too early to tell. Clearly, if relevant agencies can impose stricter standards to simultaneously promote better care, better service, and faster re-employment, this would be a win-win-win for all parties concerned. But some critics worry that, in their rush to comply with POWER, agencies might accidentally (or purposefully) disempower some claimants. For instance, by trying to enforce point number 7 of POWER’s Plan (speeding employees back to work), agencies might inadvertently compel seriously injured or sick people to take on work that they are not ready for yet. Of course, it’s obviously way too early to weigh in on the merits of this order, but it is certain to change the playing field.

Do you or a loved one need help with your workers’ comp case? Have you been having trouble with your insurance company, employer, or provider? If so, consider getting the advice of a respected and credentialed North Carolina workers’ compensation attorney today.

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Protecting Our Workers and Ensuring Reemployment

WaPo opinion on POWER

Gabe Reid, a former tight end for the Chicago Bears, got an award of $325,000 for a knee injury from the Illinois Workers’ Compensation Commission this week. North Carolina workers’ compensation experts have been closely following NFL related workers’ comp cases like Reid’s – this blog reported last month about California’s dilemma over how and whether to compensate injured athletes who played for teams outside of California but who got hurt in games played in the Golden State.

Reid played for the Bears from 2003 to 2006. The team released him in 2006 to be an unrestricted free agent. His settlement was the biggest settlement for a pro athlete in Illinois history; although another ex-Bear, Mike Brown, recently collected $140,000 for injuries he suffered to his foot and leg while he played for the Bears. More ex-Bears may be eligible to collect additional funds, according to state sports reporters.

How will Reid’s settlement impact similar North Carolina workers’ compensation cases, if at all? Will ex-Panthers be eligible for similarly large payouts? Truth be told, the states individually are in the process of working out how to compensate NFL athletes (and athletes in other sports). And it will likely be several years before policy analysts have enough data to draw any clear conclusions. However, with all the financial pressure on state workers’ compensation agencies to tighten their budgets – and the new POWER initiative launched by the Obama administration, which this blog reported on earlier in the week – it may be more difficult for claimants to win relevant arguments.

Irrespective of what happens to ex-NFLers like Reid and Brown, what can you personally do to improve the likelihood of collecting fair and flexible benefits for your injury or workplace illness?

If you suffered a chronic, debilitating injury at work such as a knee problem or typing injury – or if you got hurt in some kind of acute accident – such as a slip and fall or work-related car accident – you must simultaneously struggle under a number of burdens. First, you must deal with the medical recuperation, which can be exhausting and emotionally draining in and of itself. Then, you need to figure out how to rehabilitate yourself and get back to work in some fashion ASAP – and/or how to deal with your financial situation. And lastly, under certain circumstances, you might have to fight back against unwilling employers, recalcitrant insurance companies, and bureaucratic red tape to get benefits paid out in a timely fashion.

With all these stresses on your shoulders, it may behoove you to discuss your problems with a qualified North Carolina workers’ compensation attorney. A good lawyer can simplify your strategy, relieve you of logistical and emotional stresses, and help you collect appropriate payments without hassle or frustration.

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Gabe Reid case

Mike Brown case

The California Department of Insurance made a decision in early July to earmark $1.25 million to battle workers’ comp insurance fraud. Steve Poizner, the often-in-the-news CA Insurance Commissioner, remarked that “fraud creates costs that burden our economy at a time it can least sustain it.”

Those in the North Carolina workers’ compensation community have reacted strongly to California’s decision. Advocates of similar measures here at home argue that funneling money into fraud control can help the system be more functional and protect benefits to attend to the needs of truly injured workers. Opponents of stronger fraud control worry that antifraud dragnets might accidentally sweep up legitimate claims. For instance, take someone who ordinarily would qualify for North Carolina workers’ compensation for a hurt lower back. She might wrongly be denied benefits -- or at the very least given an overly hard time to qualify for them.

If you or a loved one or a coworker has experienced problems collecting benefits from a non-cooperating employer or bad faith insurance company, you may have rights and legal means at your disposal that you may not even be aware of. To find out how to protect your interests optimally, connect with an experienced North Carolina workers’ compensation attorney ASAP. Whether you have been improperly identified as trying to defraud the system, or you are having a simple vexing issue with your workers’ comp, get good help now before it’s too late for you and your family.

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California Department of Insurance

County tentatively slated to receive $1.25 million for worker's comp fraud

Appalachian State University will host a symposium on North Carolina workers’ compensation from August 1st to August 2nd in Winston-Salem, NC at the Embassy Suites Hotel. The symposium offers an opportunity for insurance professionals, lawmakers, employers, attorneys, regulators, and economists to get together to discuss critical issues about the state’s workers’ comp system.

For more information, go to http://insurance.appstate.edu// -- you can also register online there. The price is $129 if you register by the 10th of July and $149 after that. The symposium is titled: “North Carolina’s Workers’ Compensation System: is the “compensation bargain” still working for both employers and employees in our state?”

The conference aims to take a deeper and more levelheaded look at the so-called North Carolina workers’ compensation bargain – the idea that injured workers should be covered for medical care and missed wages in exchange for not filing negligence claims or debating questions of fault. Ideally, the system should move cases through faster because establishing fault is not the key issue. In practice, however, many North Carolina workers’ compensation claims end up tied up in court, potentially creating a drag on the system and even on the economy as a whole.

Some of the brightest minds and luminaries in the arena of North Carolina workers’ compensation will attend this conference. Special speakers include Nicole Coomer, an economist at the Workers’ Compensation Research Institute, Jay Norris, the President of the North Carolina Association of Self Insurers, Carol Telles, an analyst at the Workers’ Compensation Research Institute, and Pamela Young, the Chair of the North Carolina Industrial Commission.

If you or a loved one faces an intractable problem with your benefits or insurer; or if you need help understanding anything about the process, connect today with a knowledgeable and a results-proven North Carolina workers’ compensation attorney.

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Appalachian State University

“North Carolina’s Workers’ Compensation System: is the “compensation bargain” still working for both employers and employees in our state?”

On June 15th, regulators announced that South Carolina workers’ compensation rates would fall to 9.8% -- news that has sent ripples of interest and concern across the North Carolina workers’ compensation community. According to SC Insurance Director, Scott Richardson, 2009 marked the second year in a row in which regulators approved a decrease. He argued that “this trend [implies] an improved economic climate, and [we] hope to see this continue into next year.”

SC insurers will be able to use the new 9.8% rate in just 30 days. Richardson cited multiple reasons for the decline in rates, including enhanced employee safety programs, a reduction in the frequency of claims, and changes to the nature of claims themselves. In South Carolina, more than 40% of benefit costs can be directly attributed to payments for medical services. Most SC workers’ comp costs go to indemnity payments – that is, benefits to replace wages lost. As Richardson and others have noted, the extent to which the rate change will impact policy regarding medical costs in the state remains to be seen. Richardson noted that the state “will continue to monitor and assess the impact these reforms have on workers’ compensation rates…as it will take several years to realize the full impact.”

Meanwhile, north of the border, North Carolina workers’ compensation experts have been feverishly debating whether and how these rate changes might influence the playing field up here. So many unbalancing factors are at play – both at the state level (see our earlier blog entry about the ongoing devastation at the last year’s Slim Jim plant in the town of Garner, for instance) and at the national level (see our past blog entries on the local implications of the Gulf oil spill, for instance).

It’s important to recognize the limits of our collective power to influence the interactions of the dynamic elements that comprise the ecology of the North Carolina workers’ compensation system. Even among key players -- who include but are not limited to insurance adjusters, attorneys, judges, economists, employers, employees, and their families -- debate about how to set rates rages.

Getting away from generalities and down to brass tacks… if you or a loved one has a clear and present concern about North Carolina workers’ compensation benefits, insurance, or coverage, consider connecting today with a top caliber attorney to discuss your needs and responsibilities.

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South Carolina Workers' Compensation Rates to Drop 9.8%

South Carolina Regulators Approve 9.8% Cut in Workers' Comp Rates

Most news coverage about the 2010 BP Gulf oil spill has focused, understandably, on states like Louisiana, Mississippi, and Texas because they are “in the line of fire” of the spillage. But North Carolina workers’ compensation experts and other local observers have expressed a plethora of concerns over how the spill might ultimately impact the economy of North Carolina. In particular, what might happen to local workers and employers injured by the environmental and economic fallout? Will North Carolina fishing industries suffer? If so, by how much? What about the state’s oil and gas industry -- how will the BP disaster impact it and all those who depend on that industry for employment and income? And so on.

These questions about the relevance to North Carolina workers compensation remain unanswered. But a White House fact sheet released last Wednesday outlines some critical specifics regarding victim compensation for the oil spill. Per this fact sheet:

1. An independent claims facility will be established to ensure that those with recoverable claims (e.g. businesses and individuals) will be paid in a quick and transparent manner. Kenneth Feinberg – the former administrator of the September 11th Fund – will be the head administrator.

2. BP will establish an escrow account and contribute $20 billion to it to make sure that funds exist to pay injured workers, businesses, and others. BP has stated that it will not hide under the protection of the Oil Pollution Act to cap its liability.

3. BP will additionally contribute $100 million to provide support for workers rendered jobless by the oil rig disaster, and the payouts will be handled by the Disaster Unemployment Assistance Program.

4. BP will contribute another $0.5 billion to the Gulf of Mexico Research Initiative, which will explore ways and means to mitigate the environmental and economic fallout of the oil pollution and set in place long-term monitoring stations along the Gulf Coast (and presumably elsewhere – if the spill trickles out to places like North Carolina).

Although many environmental activists and Gulf Coast politicos have welcomed these concrete steps that the White House and BP have taken, some worry that they may be too little, too late.

If you or a co-worker or a family member has encountered problems with your benefits, insurer, or even the North Carolina Industrial Commission itself, it may be in your interest to connect with a trusted North Carolina workers’ compensation attorney to get a free and no obligation consultation.

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Kenneth Feinberg

White House fact sheet about BP fund

Although her saga does not technically pertain directly to North Carolina workers’ compensation matters, Octomom Nadya Suleman quest for workers' comp has riveted the attention of the nation. According to breaking reports, the Southern California mom of 8 has finally settled a long standing lawsuit for workers comp for just a little over $23,000.

Background

In 1999, Suleman sustained an injury at the Metropolitan State Hospital while working as a psychiatric technician (hurt her back). For this, she subsequently received around $170,000, which she used in part to fund the in vitro fertilization that led to her becoming the mother of octuplets last January. The California Division of Workers’ Compensation reported that her original settlement of $40,000 was diminished by nearly half because of attorney’s fees and advance payments.

Suleman has been roasted widely in the press for feeding her children with food stamps, selling pictures of herself clad in a bikini to the tabloids, and taking $5,000 from People for the Ethical Treatment of Animals in exchange for putting a sign in her window that reads “don’t let your dog or cat become an Octomom - Always spay or neuter.”

The workers’ comp drama may not be over for Ms. Suleman, given that some of her medical providers have a lien against her, claiming that she owes them around $800.

Are there lessons here for would be North Carolina workers’ compensation claimants? Likely not. Ms. Suleman’s case is fairly unique, and not just because she has octuplets and has behaved in fairly idiosyncratic manner. California has special laws in place that may not be applicable to North Carolina workers’ compensation cases.

For instance as this blog recently reported, an NFL player who hurts himself in a game in California can theoretically claim workers’ comp benefits from the state for the rest of his life – CA is unique in the nation regarding this kind of liberal policy.

If you or a family member faces difficulties collecting benefits, wrangling with insurance companies, or even processing paperwork to meet critical deadlines, it may behoove you to speak with a reputable and battle proven North Carolina workers’ compensation attorney. As the case of Octomom illustrates, workers’ comp – whether you succeed in getting appropriate payments or not – may not be a complete solution for your financial woes.

Speak with a financial planner to draw up a battle plan for you and your family to get on a more even financial keel.

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Octuplets mom Nadya Suleman settles her workers’ comp case

Octuplet mom settles disability claim for $23,000

Last Wednesday, the multinational bank Wells Fargo was ordered to pay out $30 million to four non-profit entities, pursuant to a jury’s verdict that the bank participated in fraud. North Carolina workers’ compensation policy analysts have been reviewing the case to see whether it may have interstate implications.

The four non-profit entities -- the Minnesota Workers’ Compensation Reinsurance Association, the Robins, Kaplan, Miller and Ciresi Foundation for Children, the Minnesota Medical Foundation, and the Minneapolis Foundation -- all alleged that Wells Fargo essentially tricked them into believing that they were investing in low risk options, when in actuality the bank had been funneling their money into risky investments which blew up during the recent credit collapse. The jury found that the bank violated the Minnesota Consumer Fraud Act (and other laws). Punitive damages have yet to be assessed against Wells Fargo.

Representatives for the bank expressed disappointment about the decision, although it could have been worse for Wells Fargo. The non-profits asked for $400 million -- more than ten times what the jury returned.

The litigation over punitive damages (and the potential Wells Fargo appeal) could stretch on for years – a not uncommon phenomenon in North Carolina workers’ compensation cases in which millions of dollars hang in the balance.

Most individual workers’ comp cases involving occupational diseases, injuries at work, and conflicts with insurers do not take as long to resolve and do not get nearly as complicated as the Wells Fargo case. Nevertheless, if you or a loved one faces friction getting benefits, dealing with an insurer, or managing the deadlines associated with your claim, connect at once with a reputable and experienced North Carolina workers’ compensation attorney to review your strategic options and make sure that you’ve dotted all your I’s and crossed all your T’s.

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Wells Fargo vs the non-profits

Minnesota Workers’ Compensation Reinsurance Association

The ongoing oil well gusher in the Gulf of Mexico may have a profound impact on North Carolina workers’ compensation claims, even though at present the residue remains hundreds of miles away from North Carolina shores.

With President Obama, Coast Guard Admiral Thad Allen and thousands of other federal, state, and local officials and engineers “on the case” to get the deep sea oil well capped and to resolve the environmental and human health fallout, one might think that North Carolina would be spared significant damage. But a recent ABC News analysis of how the potential spill may evolve over the coming months suggests that tarballs and other oil spill related environmental problems may come to haunt North Carolina shores, cause injuries to fisherman and workers here and lead to a host of North Carolina workers’ compensation claims.

All sorts of indirect problems may be in the offing. Consider that, in May, the Obama administration ordered BP to stop using a chemical called Corexit (a dispersant) because of its potentially toxic effects on ocean life and on engineers who disperse it. The spill may also have tertiary and quaternary impacts on the North Carolina workers’ compensation system. If, as many analysts fear, the spill drives the US into a double dip recession or at least slows down growth, business owners and insurers in NC will come under intense pressure to downsize and cut corners. As any half aware watcher of the North Carolina workers’ compensation scene knows, when business owners cut corners, people get hurt at work. It would be very difficult to trace any resultant injuries back to the BP spill (after all, it’s tough enough to isolate secondary consequences of a disaster like this – much less tertiary and quaternary consequences), but an historical analysis might indeed suggest that the thesis proposed here has merit.

Of course, though the press, environmental activists, and Federal civil engineers may be apoplectic about the spill, you as an injured state worker don’t care as much about the national implications. You just want to know how to get your benefits, deal with frustrating insurance companies and negotiate with uncooperative employers.

To that end, don’t replicate the kinds of mistakes that BP has made over the past few months. Get help sooner to understand your personal financial situation better, and talk to a creditable and experienced North Carolina workers’ compensation attorney to explore how to get fair benefits quickly and cut through red tape.

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Corexit

Politico Story about BP Spill Workers Comp Issues

Many North Carolina workers’ compensation cases wind up being dry and technical, requiring attorneys to develop nuanced arguments based on subtle interpretations of the law. But a new case out of Montana has engendered lots of laughs and some raised eyebrows. Below are the deets.

On June 7, a judge found in favor of a 23-year old plaintiff, Brock Hopkins, who was mauled by a bear he had been feeding while high on marijuana. Brock had been volunteering at Great Bear Adventures in Montana. One day, he smoked a pipe of marijuana and came in to do his job when the bear attacked him, dislocating his knee cap, and leading to $70,000 in medical expenses.

The park’s owner, Russell Kilpatrick, argued that Hopkins’ marijuana use was the major cause of the attack – had he not been high, the bear would not have attacked. But although the judge found Hopkins behavior to be “ill advised to say the least and mind bogglingly stupid to say the most,” he also found that Kilpatrick’s testimony that he paid Hopkins “out of my heart” to be laughably disingenuous. Since Hopkins should have been considered an employee of the park, he deserved workers comp benefits.

We have to throw in this pretty amazing quote from Kilpatrick about the event: “Brock could not resist one last time of harassing the bear with his habit of blowing smoke in their faces for God only knows what reason in direct defiance of my telling him not to disturb them!!!”

Hopkins is clearly lucky to have survived the encounter and hopefully has learned his lesson. If you or another family member has been hurt at work (even if you don’t work at a Grizzly Park), your employer or the state could be liable for your medical bills, time off work and other costs. Filing out a North Carolina workers’ compensation claim is not easy. You can find more information about how to do so at the official North Carolina Industrial Commission website.

If you encounter any problems with your insurer, employer, or any other party, it may make sense to connect ASAP with a top caliber North Carolina workers’ compensation attorney to review your rights and make sure the legal system treats you fairly.

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Bear Attack Victim Eligible for Workers' Comp Despite Marijuana Use

Pot not to blame for bear mauling, judge rules

According to a recent story in The Charlotte Observer, companies across the state are taking the unusual step of hiring back formerly fired employees to work as independent contractors. This has North Carolina workers’ compensation experts concerned. Although many contractors have relationship with staffing companies like the Raleigh-based Manpower, staffing companies don’t usually provide the same kinds of benefits that traditional employers do.

The Observer news story tells the tale of several workers who lost their jobs and benefits – then got rehired as contractors through an agency. These workers ended up with the same bosses and salaries and responsibilities as they used to have – but without the benefits, North Carolina workers’ compensation coverage, sick days and paid vacations. In a time of belt-tightening, many employees view this option as the only way out of dire financial straits. But is this kind of arrangement exploitative or in violation of North Carolina Workers’ Compensation law?

It’s easy to demonize parties when analyzing these seemingly intractable problems with North Carolina Workers’ Compensation coverage. You could blame workers groups for not doing enough to ensure that independent contractors get fair treatment. You could blame employers for not doing enough to protect and value their workers. You could blame state agencies, insurance companies, and even the state and federal governments for enacting flawed policies or failing to enact appropriate policies to address the tactical problems on the ground.

If you are an employee (or loved one of an employee) who has been forced to do independent contract work and thus opt out of North Carolina workers’ compensation coverage, you are concerned with practicalities:

What happens if you get injured at work?
What happens if you got injured at work before you lost your job?
What should you do if your insurance company refuses to pay out your North Carolina workers’ compensation benefits?

To meet these challenges, it may behoove you to speak immediately with a knowledgeable North Carolina workers’ compensation attorney. The law is complex. And you may be entitled to significant benefits – particularly if your employer has misclassified you as an independent contractor when really you should be classified as a full-time employee.

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Raleigh-based Manpower

You are... unfired

If you face a personal North Carolina workers’ compensation battle – against an insurance company, employer, or even the North Carolina Industrial Commission – chances are that you are not all too concerned about the broader implications of the NC workers’ comp policy debate. But an announcement at a recent conference in Orlando, Florida may indirectly affect you by changing insurers’ fundamental attitudes about state of the workers’ comp market.

Here is the scoop:

On May 6th, Stephen Klingel, the CEO of the National Council on Compensation Insurance (NCCI) announced that workers’ comp premiums in the United States have dropped precipitously from 2007 to 2009. The decline in premiums – which has been going on for three in a row – is the worst that the industry has faced since the Great Depression, and doomsdayers argue that these numbers do not spell good news for the economic recovery.

On the flip side, if North Carolina workers’ compensation insurance premiums fall -- while this certainly will not be great for the insurance industry -- it might prove to be something of a boon for employers and workers. Here is the thinking. If employers can afford more coverage, they theoretically might hire more workers.

That said, you have to be careful because these things are not always one to one. Just because North Carolina workers’ compensation premiums drop doesn’t mean that employers will be incentivized to do more hiring or that this will in turn lead to brighter times for workers.

All this is to say that if you or a loved one faces a crisis with respect to North Carolina workers’ compensation policy or benefits, don’t try to work out the complex details on your own. Connect today with a veteran, experienced North Carolina workers’ compensation firm to go over your strategic options and build a battle plan. Clarifying your road ahead will reduce your anxiety and help you focus on your physical and financial rehabilitation.

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National Council on Compensation Insurance

Story about plunging workers comp rates

Here are more solid answers to questions about the North Carolina worker’s compensation process (pursuant to laws in effect as of 2006). Consult a reputable NC worker’s comp attorney for details about your case.

What forms can you use to notify your employer that you have been hurt at work or that you have come down with an occupational disease?

Three different forms may be used:

1. The NC Workers’ Compensation program has a form called SGWCP-2 that you can get from your direct supervisor or from a workers’ comp administrator. This form lets you talk about the injury or accident and fill out different leave options.
2. Form 18 from the North Carolina Industrial Commission. You can get this from your workers’ comp administrator or directly from the NCIC. You can use Form 18 even if your employer does not want to accept responsibility for paying your claim.
3. Other forms (usually internal to your company). Talk to your HR department about how to get this form or speak with an official workers’ comp administrator.

How do employers report employee injuries?

Typically, they use Form 19, which they can get through the NCIC.

Can employers opt out of covering people for workers’ compensation?

No. North Carolina is a compulsory state. With some exceptions -- waivers not being one of them! -- employers must provide workers’ comp insurance either through self insurance or through a private carrier.

What are the exceptions?

• If an employer has three employees or fewer
• If a saw mill and or logging operator has 10 workers or fewer
• If an agricultural, non-seasonal employer has fewer than 10 full time workers

How does Temporary Total Disability work for North Carolina Workers’ Compensation?

Temporary Total Disability, also known as TTD, can be paid for the length of the disability. TTD is calculated by taking into account the working wage. Benefits are capped at both a maximum and minimum pay out.

What payment rules govern Permanent Partial Disability (PPD)?

PPD is also calculated based on the employee’s wage and capped for maximum payouts. Injured workers can collect PPD for as long as 300 weeks – that’s nearly six years. In certain cases, such as permanent disfigurement or complete incapacitation, disabilities can obviously be extended.

What rehabilitation benefits are available under North Carolina Workers Compensation law?

Physical rehab is compensable but occupational rehab is not provided for in the current law. If you lose your hearing as a result of an occupational injury, you may be able to collect compensation for this, though strict filing protocols apply.

How do NC workers’ comp death benefits work?

State law requires that the spouse and/or children of an employee will collect death benefits calculated by looking at the employee’s wage and estimating a percentage from that. Death benefits include funeral allowances and insure a minimum payout no matter what the employee made.

How can you get more specific information what to do about your North Carolina workers’ compensation claim?

Given all the legal complexities that go into these claims, it may behoove you to retain a pre-qualified and experienced North Carolina workers’ compensation attorney. Most attorneys will provide free consultations (in confidence) to give you a better idea of how they might be able to serve you.

More Web Resources:

Permanent Partial Disability (PPD)

Temporary Total Disability (TTD)

Pursuant to North Carolina worker’s compensation laws as of the beginning 2006, here are some brief answers to FAQs you may have about worker’s compensation benefits and restrictions. Please speak with an attorney before making any decisions about your claim and coverage.

How long can you wait after you get hurt before filing for benefits?

One full week (seven days).

How long do you have to be out of work for an injury before you get retroactive North Carolina worker’s compensation benefits?

Three full weeks (21 days).

Who decides what physician you can see?

Your employer does, in general. But the North Carolina Industrial Commission can change your physician selection in certain cases.

What employees do North Carolina worker’s compensation laws cover?

• NC government workers
• Officers and employees of universities
• Elected officials of North Carolina
• Most temporary, part time, and full time employees

What does the North Carolina Worker’s Compensation Act say?

A worker hurt by accident that occurred during the course of or out of employment can get compensations. Not all work injuries will be compensable. Some event had to cause the harm. One exception: hernias and back injuries may be compensable even if the claimant cannot identify a specific traumatic event stemming from work that caused the problem.

The Act also says that so-called occupational diseases can be compensable. These are diseases or illnesses that occur more frequently in a particular occupation. For instance, stenographers tend to suffer higher rates of typing injuries than do people in other professions. So, carpal tunnel syndrome may be classified as an occupational injury for a stenographer. However, say a stenographer comes down with diabetes. That may not be a compensable occupational disease, since being a stenographer does not typically predispose to getting diabetes.

What must an injured employee do to get compensation?

First, you must tell your employer as quickly as possible after the injury happens. If you wait 30 days or more, the employer may be able to refuse to pay out North Carolina worker’s compensation benefits. The injured party must also file a claim with the North Carolina Industrial Commission within two years from the injury or from the time that the injury was recognized.

Should you get legal help for your claim?

It never hurts to discuss your matter for free and in confidence with a qualified and proven North Carolina Worker’s compensation attorney. A free consultation is non-binding, meaning that you don’t have to pay for any services if you choose not to retain the lawyer after speaking with her.

More Web Resouces:

North Carolina Industrial Commission

North Carolina Worker’s Compensation Act

The Workers’ Compensation Research Institute (WCRI) released a study at the end of April suggesting that North Carolina worker’s compensation claimants may be paying much more per claim for prescription drugs than claimants do in other states. The Cambridge-based Institute found that the NC rate was 14% higher than other states. On average, each claim cost $467. WCRI analysts suggested that the hike in prescription costs might be due to certain kinds of drugs prescribed, such as the muscle relaxants Metaxalone and Cyclobenzaprine. The study found that NC rates of consumption for these two muscle reluctants was nearly 20% higher than the average rate for the 16 states studied.

WCRI analysts had theories to account for the higher cost. For one, in North Carolina, physicians do a lot of direct prescribing of medications (instead of urging patients to get drugs filled at pharmacies). This may have had a cost impact, since physician dispensation typically results in slightly elevated costs.

Another theory is that the price per pill of certain medications was simply higher for several medications, such as the aforementioned Metaxalone and Cyclobenzaprine.

What might be the policy implications for North Carolina worker’s compensation from this latest WCRI Study?

Assuming the data are correct, policymakers may want to consider changing the system to encourage physicians to dispense fewer medications directly and to leave that job to the pharmacies. Policymakers might also examine whether market incentives could depress prices. They may also consult pharmacists and physicians directly for suggestions.

If you or a loved one is on prescription drugs as a result of a North Carolina workers’ compensation claim, it may help to take the time to consult with a respected North Carolina Workers compensation lawyer regarding your options. Patients who understand the rules and protocols of the NC workers’ comp system and who follow these guidelines strictly tend to do better over the long term in terms of getting rehabilitated and regaining their financial footing.

More Web Resources:

Workers’ Compensation Research Institute (WCRI)

Full story on how/why NC rate was 14% higher than other states