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

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

Policy wonks and analysts who seek to optimize the North Carolina workers’ compensation system often try to ground their arguments in statistics. With new studies and new information coming out all the time, it’s often difficult to come to any clear conclusions about what direction to take the states workers’ comp system. But a recent study reported in the August 2nd issue of the Raleigh Telegram highlights some very interesting numbers.

The Civitas Institute in Raleigh reported that the gap between the incomes of public and private sector workers in NC has doubled since 2000. Back at the turn of the century, state employees got paid approximately $32,800 annually; whereas private workers got around $30,977. This represented around a 6% gap. Nine years later, that gap rose to more than 12% – state employees received over $44,100 annually, while private employees averaged around $39,300. And these figures don’t take into account benefits packages, which could theoretically skew the gap between public and private incomes even wider.

So what do these new numbers mean for North Carolina workers’ compensation policy? The conservative Civitas Institute appears to be implying that state workers “have it too good.” But the survey doesn’t suggest an immediate fix to ensure fairness and to nurture and cultivate conditions that would reduce injuries at work and generally relieve the state system of financial stress.

Some experts argue that the ultimate key to resolving both the wage gap outlined here and the general stresses on the benefit system is to introduce more responsive and proactive policies to improve workplace safety. In particular, it may be helpful to strive to reduce chronic and preventable injuries like typing injuries by doing things like instituting mandatory break policies, standards for ergonomic desks and typewriters, and urging employers and employees alike to cut back on the amount of sugar they consume.

If you or someone you love – or a co-worker – has been hurt, and you have questions about hot to collect benefits, how to deal with an employer who refused to cooperative, or how to manage a bad faith insurer, look to an experienced North Carolina workers’ compensation law firm to lead you in a strategic direction.

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Civitas Institute

Study Shows Pay Gap Between NC Public And Private Workers Doubles

North Carolina workers’ compensation experts are all talking about the case of an Ewa Beach man, who got convicted in Honolulu last week for workers’ comp theft.

Jacob Belaski allegedly hurt himself while operating his Teixeira Trucking business. He fought for benefits from his insurance company, HEMIC. At the same time, he continued (on the sly) hauling materials to and from a cement factory. In the process, he earned over $100,000 – all while collecting benefits compensating him from being unable to work.

Investigators from the Honolulu Police Department’s White Collar Crime Unit discovered the scam and realized that Belaski had misrepresented his injury to his physicians, insurance company, and others. Mr. Belaski even testified under oath to being hurt. Mr. Belaski’s conviction of theft and perjury charges may dissuade others in the Aloha State from similarly trying to take advantage of the claims process to collect benefits illegally.

This blog has investigated a number of cases of workers’ comp fraud lately to try to highlight the shades and nuances of the law – and of the individuals who commit these crimes. It’s important not to paint these defendants with a broad brush. As we have seen recently, practically anyone can wind up as a defendant in a North Carolina workers’ compensation fraud case – from strippers to goat sellers to truckers.

If you cannot collect benefits, cannot deal efficiently with your employer or insurance company, or cannot figure out how to put your life and budget back together again after a significant injury or illness, you need good help. In particular, a qualified North Carolina workers’ compensation law firm can guide you towards good resources and ensure that you stay within the bounds of your benefits arrangement. A good attorney can also help you deal with uncooperative bosses or insurance companies.

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Case of Jacob Belaski

Honolulu Man Convicted in Hawaii’s First Workers’ Compensation Theft Related Case

North Carolina workers’ compensation policy experts have largely been absent from the debate over how the Obama administration and BP’s $100 million workers’ compensation fund will be dispersed to rig workers rendered temporarily unemployed (or underemployed) by the recently imposed moratorium on off-shore drilling (due to end in November). That said, local pundits, fisherman, and policy wonks have been keeping a close eye on the unfolding story. This article can give you some background and introduce you to key points being discussed.

Background

Pursuant to the massive BP oil well spill – which this blog actually covered just weeks after the explosion happened – the Obama administration imposed a moratorium on offshore drilling to prevent additional catastrophes similar to what happened to the Deepwater Horizon. Unfortunately, by imposing this moratorium, the administration essentially put thousands of oil rig workers on a forced hiatus. To compensate these workers and others harmed by the spill, the White House assigned Ken Feinberg to administer a $20 billion Oil Spill Fund. (In case you don’t recall, Feinberg was the same man who administered the reparation fund for the 9/11 terrorist attacks.) Although Feinberg has promised to be very lenient as to the proof that he and his team will require to grant compensation, many industry workers are confused. And employers and workers in peripheral industries – even way up here in North Carolina – also must contend with uncertainty and work slowdowns associated indirectly with the BP spill.

In short, North Carolina workers’ compensation experts are busy trying to figure out whether -- if at all -- the BP spill money will translate to compensation for NC employees and others glancingly impacted. One school of thought – the predominant one – says that the oil spill will have a negligible effect, since it’s so far away. Another theory suggests that the spill will have a domino effect, essentially ricocheting through the economy of states that touch the Gulf and Mid Atlantic. In either case, unless you are directly working on a rig or directly impacted by this spill, it’s unlikely that you will be able to collect from the nationally established fund. But this doesn’t mean that the spill won’t affect you in indirect ways.

The key is to figure out what’s in your circle of control and influence. What can you personally do to improve your chances of collecting North Carolina workers’ compensation benefits in a timely fashion and to work around obstacles thrown up by your employer, the North Carolina Industrial Commission or an insurance company?

To that end, you will likely need legal guidance. Trust your case to a veteran North Carolina workers’ compensation attorney – one who has handled many similar kinds of cases in the past successfully.

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North Carolina Industrial Commission

BP’s $100 million workers’ compensation fund

North Carolina workers’ compensation and unemployment benefits recipients have been scrambling to prepare themselves financially for the end of some government protections. Since the beginning of June, according to the Rocky Mount Telegram, probably 20,000 NC residents have been dropped from unemployment compensation -- every week!

Last week, the U.S. House of Representatives voted 270 to 153 to extend some unemployment benefits for people who have been long out of work; however, the US Senate has thus far refused to pass that measure – or any like it – into law. This dispiriting news comes on the heels of a grim jobs report in June that has prompted economists – including many traditionally chipper analysts – to voice fears that the US may be plunging into a “double dip” recession – a dangerous circumstance that could put even more pressure on workers who rely on unemployment benefits and North Carolina workers’ compensation to provide for themselves and their children.

On the upside, the North Carolina unemployment rate appears to be dropping in some key counties. Edgecombe County saw its unemployment rate fall from a high of 17.2% in January to 14.8% in May. Both the Twin Cities and Nash Counties saw better job markets – and, all told, 86 North Carolina counties saw better numbers in May. So this might be a silver lining to an otherwise grim cloud of North Carolina workers’ compensation news.

Given all the dodgy financial news, injured and sick workers more than ever need to follow up their North Carolina workers’ compensation cases carefully. Recalcitrant employers, uncooperative insurance companies and paperwork-related snafus can result in your not getting timely benefits. All sorts of secondary consequences can come off of that – including missed credit card payments and mortgage payments.

If you or a loved one has any questions or concerns about how to get benefits or keep them coming, get in touch today with a creditable and experienced North Carolina workers’ compensation attorney. Don’t wait until the electric company turns out your lights and you lose all sources of income. Protect yourself by doing due diligence and coming up with a budget and get-back-to-work plan that’s plausible and robust.

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US lawmakers extend jobless benefits

Unemployment signs look better

Initiative 1082 -- way up in Washington State -- has sparked a firestorm of debate and controversy among North Carolina workers’ compensation analysts. Ordinarily, a statewide initiative in a far off part of the country would not rile up insurers, business owners, injured workers, and state bureaucrats. But the vocal debate out of Washington has served as a touchtone for a number of issues hotly being discussed right here in NC.

Facts about the Initiative, and Implications for North Carolina Workers’ Compensation Politics

The Building Industry Association of Washington – regarded as a politically conservative group – sponsored I-1082 to crack the state monopoly on workers’ comp. To qualify for the ballot, the measure needed 241,000 signatures – allegedly, it got nearly 100,000 signatures above that mark. Clearly, many Washingtonians are fired up. Sponsors argue that the current system sticks business owners with high insurance premiums and allows injured workers to enjoy overly-plump benefits. Opponents of I-1082 say that introducing a for-profit component into the workers’ comp system could degrade benefits and lead to claims being delayed or denied.

Both opponents and proponents of the initiative claim that the implications of I-1082’s passage for the state could be profound. Currently, Washington is one of only four states that does not allow companies to privately compete with a state-run workers’ comp system.

The North Carolina workers’ compensation system allows private insurers to compete – so the WA debate can be relevant only indirectly. However, the growing frustration among business owners regarding workers’ comp costs – and the simultaneous growing health problems among workers, including chronic occupational diseases and medical conditions like obesity and diabetes – may well portend a sea-change in the next few years, economically speaking.

Can small businesses survive a clunky economy and potentially a double dip recession? Can hurt employees – many of whom may soon start to lose their unemployment benefits – survive if their benefits get curtailed or restricted?

If you or a coworker or a family member has been experiencing difficulties collecting your benefits, connect ASAP with an attorney to advise you. A free and confidential consultation with a North Carolina workers’ compensation lawyer can help protect your rights and ensure your family’s financial stability.

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Initiative 1082

Workers comp initiative steps closer to ballot

Kenneth Bullock, a St. Regis, New York man, has been charged with fraud in conjunction with a scheme that he allegedly had perpetrated since the early 1990s. North Carolina workers’ compensation blogs and analysts are closely following the story.

Background

Bullock worked as a mechanic in New York in the 1990s. While executing his duties, he hurt his back -- or so he claimed. Bullock said that his at-work accident rendered him unable to keep servicing cars, and he was put on workers’ comp. While collecting benefits, he moved to Florida and took another mechanic’s job – in direct violation of his workers’ comp arrangement.

If convicted of scamming the system, Bullock could face seven years imprisonment for illegally collecting $39,000 in benefits. Allegedly, surveillance caught Bullock working at a shop – investigators were tipped off when his claims arrived with Florida postage. The Onondaga County Insurance Fraud office will handle the matter, since that location processed Bullock’s claims.

North Carolina workers’ compensation fraud drains hundreds of thousands (if not millions) of dollars of funds from an already over-milked system every year. It’s obviously in the interest of all parties concerned – from trial attorneys to insurers to employers to injured workers – to clamp down on scams and schemes. Unfortunately, many injured workers with very legitimate claims wind up under investigation for fraud simply because they fail to file paperwork correctly or because they engage in activities to “stretch” themselves – such as aggressive physical rehab.

If you or a family member or a coworker has been wrongfully targeted for North Carolina workers’ compensation fraud, and you need guidance to make sure that you can collect benefits (and not get punished for making an illegitimate claim); or if you simply need basic FAQs answered about how to deal with a difficult employer or how to fight back against a recalcitrant insurance company, get in touch with a credentialed and experienced North Carolina workers’ compensation attorney ASAP. Get good guidance upfront, so you don’t wind up in a protracted battle over your benefits.

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St. Regis man charged in alleged workers' comp scam

Franklin County native charged with 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

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

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.

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Workers’ Compensation Research Institute (WCRI)

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

According to local station WECT (based out of Wilmington, North Carolina), almost 100 people who ordinarily collect North Carolina workers’ compensation and unemployment benefits did not get them this week due to a computer glitch. Officials believe that the problem can be traced back to an order of President Obama himself. In retooling a piece of legislation called the Emergency Unemployment Compensation Act, President extended a deadline. This indirectly resulted in a short-term glitch in the North Carolina unemployment compensation system. Some state bank accounts went temporarily empty due to the delay caused by the transfer.

WECT quoted an unemployed man named John Crawford: “I have been hungry many nights…I have been lying in my bed, crying many nights.”

Officials at the North Carolina Employment Commission have been working double time to see that everyone who is owed North Carolina workers’ compensation and unemployment claims will get their paychecks. The disbursal is being prioritized, and a manager for the NCIC (per WECT) said: “once we get it processed, and we get it cleared up, within 72 hours of us getting it fixed they should have their money.”

Temporary computer glitches and shortfalls impact North Carolina workers’ compensation claimants differently. For people living paycheck to paycheck, shortfalls can devastate and lead to an almost Rube-Goldberg-esque cascade of financial problems. For other people, who have more savings and a bigger safety net, a payment delay might not much, if anything at all.

If you or a family member has been struggling with a North Carolina workers’ compensation issue – be it a computer glitch, a dispute with your employer, a frustrating series of negotiations with your insurance company, or a feeling of overwhelm from dealing with the mountains of paperwork you must file with the NCIC – a solid North Carolina workers’ compensation attorney may be able to give you good guidance.

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Emergency Unemployment Compensation Act

WECT story about the glitch

Blue chip insurance companies, such as Travelers and Hartford Financial Services Group, heavily lobbied the US government over North Carolina workers’ compensation (among other issues) last year, according to twin reports released on February 9th by the AP.

Travelers spent over $1.6 million in just the fourth quarter last year to lobby Congress, the FDIC, the Federal Reserve, the Treasury, and other government agencies.

Hartford Financial Services Group spent more than $0.5 million in that same period.

In addition to lobbying on behalf of North Carolina workers’ compensation concerns, the insurers also sought favorable treatment with respect to consumer protection issues, global warming issues, and insurance regulation reform.

Travelers also lobbied on bankruptcy, asbestos loss, and coastal wind zone issues. Hartford Financial, meanwhile, lobbied on drywall safety issues, retirement securities and flood insurance, and issues concerning the National Insurance Consumer Protection Act.

What should North Carolina workers’ compensation policymakers take away from these concerted lobbying efforts? Will insurance companies substantially impact policy by throwing around their money and influence? And if so, what might insurance-company-induced changes to law and policy ultimately mean for the workers, employers and physicians who must navigate the North Carolina workers’ compensation system?

The reforms these companies seek are complex and technical. But while it might be tempting to dismiss the proposals as purely self-interested (and thus purely destructive to those who might oppose them), only an in-depth analysis of specific policy proposals can lead to any meaningful insights. And even if a particular proposal does look good (or bad) for employees, for instance, there is no way to really know how it will pan out without seeing a full-scale implementation. After all, the real world tends to change policies substantially; the so-called law of unintended consequences guarantees unpredictable outcomes.

These philosophical considerations notwithstanding, if you or a loved one or friend has specific concerns about your North Carolina workers’ compensation, connect with a qualified and highly credentialed attorney. A free consultation can simplify and improve your long-term outlook.

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Hartford Financial Services Group

Travelers Insurance

You’ve successfully fought for and won a substantial North Carolina Workers’ Compensation claim. Now you are left with the difficult and long-term task of rebuilding your life, planning your career direction, and managing your injury/injuries. Here are some useful tips and solutions as you make this great journey back to financial and physical health.

1. Get support

No one recovers alone. Human beings are social creatures. We need the support of doctors, friends, family members, and other people who are going through similar situations. Reach out to people who can help you, including specialized North Carolina Workers’ Compensation attorneys, support groups, and the helpful operators at the North Carolina Industrial Commission. You are not the first person forced to endure a long and difficult rehabilitation from an on the job injury. And you need not “reinvent the wheel” when it comes to navigating recovery. Listen to what others have to say, and do due diligence and research now to save yourself trouble down the line.

2. Treat your injuries holistically.

You may simply have suffered a sprained finger on the job, or you may have endured something more severe, like a blood injury due to chemical exposure. Whatever the case, in addition to the acute damage the injury/illness has caused you, you have no doubt suffered secondary and even tertiary consequences from the initial insult. Often times, surgery and pain medications can alleviate some of initial symptoms. Work now with your physician to develop a long term system of pain management, exercise, diet, flexibility training, and ergonomic practices. Otherwise, you could easily reopen old wounds and exacerbate current problems. For instance, people who get typing injuries in one hand often revert to using the less favored hand to type -- without changing anything fundamental about their work habits. As a result, the less favored hand also gets injured.

3. Budget realistically for the future - and don’t ignore your finances.

While filling out and waiting for a North Carolina Workers’ Compensation claim to go through, it’s easy to awfulize bad news and celebrate good news. Try to keep yourself on an even keel. The budgetary uncertainty won’t go away soon - even if your claim goes through fine. You have a difficult and unpredictable recovery and rehabilitation ahead of you. Budget conservatively, and develop workarounds to protect your nest egg and ensure a good quality of life -- without creating undue expectations. If your spouse or partner can pick up some of the financial burden, may be that’s something to consider. If you can take on a temporary job that doesn’t stress your injuries or interfere with your rehabilitation, that also might be something to consider. Workarounds abound. The key is to, first of all, be honest about where your financial situation is right now. Only once you have collected all of your concerns, hopes, and fears about your financial future can you make an accurate and active strategic plan.

4. Consult with a reputable and experienced North Carolina Workers’ Compensation firm regarding any legal questions.

Often, North Carolina Workers’ Compensation claimants wait until the last minute - or wait until deadlines have passed - to get good legal help. Don’t make that mistake. Whether you are negotiating with insurance companies, dealing with an uncooperative employer, or simply confused by the maze of paperwork presented to you, you need not go down this path alone. A free consultation with a vetted and credentialed N.C Workers’ Comp Attorney can make a huge difference to your financial future and to the prospects for your rehabilitation.

More Web Resources:

Medical Rehabilitation Nurses Section of NCIC

Sorehand.org

To collect North Carolina Workers’ Compensation benefits, you must first go through a rigorous and formal process. Even if you were legitimately hurt at work and you have a clear case for needing Workers’ Comp; if you don’t go through official channels, you could be denied compensation and long-term coverage. So, take your time now to understand your options. Go over any questions you might have with a credentialed North Carolina Workers’ Compensation attorney, and plot out a strategic course for your rehabilitation and remuneration.

To qualify, your injury must generally meet the following criteria:

1. You got hurt or sick during the course of your employment.
2. The injury or illness arose directly or indirectly from circumstances of your job.
3. The injury and illness created an impairment which led to medical costs and/or lost wages.

Of course, just because you got hurt on the job does not mean that you will automatically collect North Carolina Workers’ Compensation. Conversely, if you got hurt on the job and it was your fault, you are NOT necessarily denied coverage.

Confused? Let’s take a look at some examples to clarify these points.

Let’s say that you and a co-worker horsed around on some industrial equipment, and you fell off and broke your femur. In this case, you likely would NOT be able to collect North Carolina Workers’ Compensation benefits because your negligence led directly to the injury.

Similarly, let’s say that you suffered a stroke on the job. If you were predisposed to stroke (obese, diabetic, history of stroke, etc), and the condition occurred NOT because of your job, you may not be able to collect Workers’ Comp benefits. (You may have alternative avenues to collect support, however.)

Alternatively, let’s say you suffered a stroke during a particularly stressful time on the job. You might be able to argue that the stress of the situation caused or exacerbated the stroke; and thus you should be entitled to Workers’ Comp.

The point is, at the end of the day, subtle distinctions matter a great deal when it comes to North Carolina Workers’ Compensation benefits. To protect yourself against insurance company harassment, problematic negotiations with your employer, snafus with paperwork, and other potential but not so obvious hurdles. It likely behooves you to discuss your matter with a qualified and trained North Carolina Workers’ Compensation lawyer.

A professional attorney can draw upon a deep knowledge of the law and practical applications of the law to provide you with strategic guidance during this difficult time.

More Web Resources:

Workers’ Compensation Criteria

Denied Coverage? It can be maddening!

As we discussed in our first post on this subject, the North Carolina workers’ compensation system has been strained by a staggering variety of factors. Here are five more key challenges that policymakers may want to address seriously.

6. Weather.

The issue of climate change is on everyone’s minds. Following the inconclusive resolution to the recent Copenhagen Summit on Climate Change and the revelations that researchers at East Anglia University cherry picked data and prevented skeptics from publishing in peer review journals, many North Carolinians have soured on the idea that global warming is manmade (and that we have the wherewithal to do anything about it, if it is). Regardless, uncertainties regarding the state’s climate indirectly impact business investment, which in turn might impact North Carolina workers’ compensation insurance rates and other policies. For instance, let’s say that a small business owner wants to commission a fleet of boats but worries about possible hurricane damage. Her uncertainty about the science of climate change could impact her business’s investment decision and thus indirectly impact the number of jobs in NC and the rates for insurance, and so forth.

7. General changes to insurance rates.

Wayne Goodwin, the North Carolina Insurance Commissioner, announced a few months ago that North Carolina workers’ compensation insurance rates would be decreased by 9.6 percent -- netting employers throughout the state a savings of around $100 million. How might this rate cut impact the benefit system is anyone’s guess. Employers seem to appreciate getting a break during these difficult economic times. But just because small business owners in general like the proposal doesn’t mean that good things will not necessarily come out of it -- and the uncertainty could even cause some problems.

8. Outsourcing.

Although North Carolina’s Research Triangle continues to produce income for the state at a prodigious rate, local economists remain concerned about how outsourcing of industry tasks might morph the state’s economy. With unemployment now in the double digits, more than a few North Carolinians are advocating for restrictions on certain kinds of outsourcing and for increasing taxes on those who do send work overseas or to other states.

9. Immigration.

Although the debate over immigration does not attract the kinds of headlines it did two or three years ago, North Carolina’s population nevertheless continues to evolve and transmogrify. With radical demographic shifts becoming normal for the state, it stands to reason that the flux will have profound ramifications for workers’ comp benefits policy.

10. Actions of other states and the federal government.

North Carolina is not an island unto itself. It is interdependent. The actions of the federal government and of neighboring states -- particularly Virginia, South Carolina, and Maryland -- can have huge impacts on the state economy. The actions of these states are largely outside of our control. And they add yet another layer of uncertainty to an already tumultuous mix.

If you or someone you know has been hurt at work or has fallen ill, connect today with a North Carolina workers’ compensation lawyer to learn about your rights and potential benefits.

More Web Resources:

North Carolina’s Research Triangle

Wayne Goodwin, the North Carolina Insurance Commissioner

North Carolina workers’ compensation experts are constantly on the lookout for ways to protect workers better, reduce claim costs, and speed up recovery times. A new study out of Copenhagen, Denmark could provide fresh new policy ideas for how to protect state workers from lower back injuries -- by challenging what are known as “fear-avoidance beliefs.”

According to a journal called BMC Musculoskeletal Disorders, European National Research Center researchers studied over 2,600 healthcare workers to determine whether fear of lower back pain increased or decreased risk of actually developing musculoskeletal problems in the lower back area. In other words, could an anti-placebo effect develop? Could worry about hurting oneself in and of itself lead to injury?

The researchers apparently found a correlation between “fear-avoidance beliefs” and increased likelihood for getting hurt. So does this association prove that thinking fatalistic thoughts causes injury? Or could something else be driving the association?

If indeed it can be determined that thinking negative thoughts -- that is, being afraid of going to work or doing certain on-the-job tasks -- could cause injury, policymakers could work from this concept to develop a battery of solutions that could help drive down North Carolina workers’ compensation claims and costs. For instance, perhaps human resources managers could identify particularly pessimistic workers or workers who are otherwise afraid of certain pieces of machinery and retrain them to be less afraid and more “ergonomically ready” to tackle tasks.

If, on the other hand, the association between the development of musculoskeletal problems at work and fear of injury stems from some other root cause, then maybe modifications in worker thinking might not yield much benefit. For instance, let’s say that individuals who are more fearful of doing certain tasks are also in some other way more vulnerable to getting injured. Perhaps these individuals are malnourished, depressed/anxious or less self-confident than are individuals who demonstrate less of a fear-avoidance reaction. Perhaps one of these other factors is the key. In this scenario, the goal would be to help workers become more self confident, optimistic, etc. -- rather than help them limit their fear avoidance.

If you’ve had the misfortune of developing lower back injury on the job, help is available. To navigate the system, consult a competent and battle proven North Carolina workers’ compensation attorney to discuss your situation in confidence.

More Web Resources:

BMC Musculoskeletal Disorders Study

fear-avoidance beliefs