Many truck drivers can file their injury claims here in North Carolina even if the driver is hurt in another state. This is because of the "jurisdiction" rules of the NC Workers' Compensation Act. The workers' compensation benefits under NC law may be better than the benefits in other states. For instance, Florida only allows 104 weeks of TTD (temporary total disability) payments. North Carolina allows up to 500 weeks of TTD. Being able to pursue your claim under North Carolina workers' comp law is important if you live here in our state. Your doctors are likely to be here near your home, and it is much easier to fight the insurance company here on your home turf than to have to travel to Kansas or Oregon to do it. Under NCGS 97-36, an injured worker can file his or her claim in North Carolina if:
Airline employees stationed at CLT got a win today in the NC Court of Appeals. In an unpublished decision, Skoff v. USAirways (COA 13-994), the Court upheld an Industrial Commission decision awarding workers' comp benefits to a flight attendant who was hurt on the "employee bus" as it was transporting her to the employee parking lot. The driver slammed on brakes and she fell from a standing position. These buses are actually provided by the Airport but the airlines make them available to the airline employees by paying the bus fare to the City as part of the contract of employment. Cases in which airline employees get hurt on the bus come up pretty often. Now we have a Court of Appeals decision favorable to the employees under the "provision of transportation" theory. In the future, it should be easier to get those claims covered for injured airline employees!
Here is a link to the article published in the Business Insurance journal.
I have handled many cases over the years involving injuries to the lower spine or back. Fortunately, very few of my clients with lumbar back injuries have developed cauda equina syndrome.
I am a certified mediator and I recently mediated a workers' compensation claim for some local lawyers. The injured worker in the case alleged that she hurt her foot on a piece of equipment at work. Her supervisor claimed that the woman told the supervisor that she had gotten hurt at home. Normally, this type of dispute would be a "swearing match" with both people testifying under oath in court, and the Deputy Commissioner would have to figure out who was telling the truth. Having a document to clarify the facts either way is a big help in this kind of situation.
North Carolina requires most employers to purchase workers' compensation insurance for the benefit of its employees. When the employers fail to do so, an employee injured on the job may have a very hard time getting the benefits he or she deserves. However, a recent report found that the state agency that is supposed to make sure employers are buying the insurance is not doing enough to enforce the law.
Workers' Comp is normally not very sexy, but two news stories came out this week involving sex and workers' comp........
Workplace safety regulation enforcement saves millions in employer's bottom line each year. By reducing workplace injuries, workers' compensation costs are lowered. However, these regulations can also save the lives of those present at the time of a workplace accident.