North Carolina Workers' Compensation Lawyer Blog

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

The last thing most employees want to do is have to go on North Carolina workers’ compensation. No one wants to be injured. Few enjoy the hassle of filing claims and dealing with less than cooperative insurance companies and employers. Some on the job accidents and illnesses are unavoidable. For instance, say your delivery van gets sideswiped by a semi-truck, and the resulting accident gives you serious whiplash. There is no way you could possibly anticipate that kind of accident. But other at-work accidents can be more easily avoided:

1. Typing Injuries

Warning Signs: You feel numbness and tingling in your fingers, your arms ache or throb at the end of the day, you notice that you are adopting “crutches” such as typing with your non-dominant hand or intentionally “slacking off” so that you don’t have to type as much.

Solution: Talk to your employer about a better ergonomic set-up. Improve your posture and muscular conditioning. Take frequent breaks. See a physical therapist to treat your “trigger points” with modalities like acupuncture, massage, and microstretching.

2. Slip and Falls Waiting to Happen

Warning Signs: “Near misses” in which you and or other employees “almost” get into serious injuries, jokes around the office that a piece of equipment is an “accident waiting to happen” or a “fire trap.”

Solution: As quickly as possible, bring the problem to the attention of your boss and/or manager. Document any or all attempts you make to get the problems fixed. If your immediate manager won’t help, consider going up the chain of command to complain.

3. Exposure to Chronic Toxins

Warning Signs: If you work with chemicals, and you come home with a headache or being unable to breathe; if you notice that you are getting a rash or other allergic reaction to chemicals, glass, plastics, or other materials used at your work; if you get dizzy or feel sick at work when you use a certain piece of equipment or a certain kind of chemical or material.

Solution: Report the problem to your manager as soon as possible. You might be able to solve this by wearing better safety equipment, such as a ventilator or mask. Alternatively, you may need to stop using whatever product or material is causing the allergic or toxic reaction.

If it’s too late – and you’ve already been injured or gotten an occupational disease – and you need assistance with a North Carolina workers’ compensation issue, it behooves you to consult with an experienced law firm that specializes in North Carolina workers’ compensation. The faster you get professional legal assistance, the easier it will likely be to start collecting benefits.

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All about trigger points

Common Workplace Toxins

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

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

Whether you work at a potentially dangerous job, such as a construction site, welding factory, or farm; or you face dangers due to occupational diseases and/or repetitive stress injuries at a white collar job, you don’t want to have to go on North Carolina workers’ compensation, if you can help it. Ideally, you want to work pain-free and accident-free. So here are a few tips to help you stay safe at work:

1. Take Breaks, Particularly When You Engage in Repetitive Work

Whether you are doing data entry, computer programming, sewing, or hair styling, or any other kind of repetitive work, ergonomic professionals will urge you to take regular breaks to avoid injuries to your hands, arms, shoulders, and back. Repetitive stress injuries typically result from long-term abuse of muscles, bad posture, and “Type A” enthusiastic work habits. This may sound silly, but one thing you can do is – every 30 minutes or so, or whatever your employer will allow – take two to three minutes to lie down on the ground and let your spine and back relax before you start doing your repetitive activity.

2. Cut Back on Sugar and Processed Foods

More and more studies have linked excess sugar and high fructose corn syrup consumption with diseases like obesity and type 2 diabetes. Although these aren’t occupational diseases, when you get obese and pre-diabetic, you stand at a much greater risk of injury. And some evidence also suggests that excess sugar consumption can decrease your stamina, make you tired, and damage muscle and organ health – which will put you at greater risk of on-the-job injury.

3. Increase Your Strength

Strength training helps with muscular flexibility, improves bone density, leads to innumerable other health benefits, according to abundant medical literature. Many employees neglect effective strength training. But as we age, we will see a natural deterioration of our muscular strength (particularly in places like our lower backs) unless we actively work to improve strength in those areas.

4. Don’t Wait Until a Problem Gets “Too Big”

If you feel like you are getting hurt or you could potentially get hurt at work, tell your employer at once. Don’t keep your concerns to yourself. Your employer can and should want to help you solve the problem. For instance, say you type at an ergonomically dysfunctional workstation. Tell your boss, so he or she can help you solve your ergonomic problems and thus help you prevent injury. Speak up!

Do you need help with a North Carolina workers’ compensation benefits case? Don’t let bad faith insurers, uncooperative bosses, or confusion beat you down – get help from a qualified and well-credentialed NC workers’ comp law firm today.

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Sugar and Obesity and Diabetes

Learn to Take Breaks at Work

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

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

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

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?”

Breaking news in a key North Carolina workers compensation case: The North Carolina Court of Appeals upheld an award in the case of Hatley v. Continental General Tire, stipulating that the claimant (Hatley) was entitled to temporary total disability benefits pursuant to an injury he suffered while repairing a tire.

Background

Hatley was a tire inspector who hurt his hand during a blowout accident at work. After he got treated, his physician put him on light duty restriction. Following this rest, he tried to go back to work but found that he could not perform his duties because of continued problems with his injured hand. His employer told him that he had to continue working or retire. The inspector chose to retire and take a new position as a teacher’s assistant, six months after the fact. His employer sought to get out of paying for disability claims; he alleged that not all of Hatley’s symptoms could be traced back to the at-work accident. (Pursuant to the North Carolina Workers’ Compensation Act, an injured worker must be able to show that a workplace injury caused a disability that resulted in impairment.)

The employer’s argument fell short, according to the Court of Appeals, because no doctor testified precisely how much of the injury resulted from work place trauma and how much resulted from other factors. Without good medical testimony to this point, the Court concluded that “any attempt to apportion plaintiff’s injury would have been speculative and improper.”

Although the plaintiff in this case managed to hold on to his temporary total disability benefits, many other workers with legitimate claims are not so lucky. They can find their benefits retroactively stripped from them. If you have questions or concerns about how to handle a difficult employer or a non-cooperative insurance company, it’s probably in your best interest to discuss your case in confidence with an experienced North Carolina workers’ compensation attorney.

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Hatley v. Continental General Tire

The North Carolina Court of Appeals

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