The Bollinger Law Firm, P.C.

August 2012 Archives

Employers abuse loopholes in North Carolina's workers' comp law

Providing workers' compensation insurance is every North Carolina employer's duty. Unfortunately, as previously mentioned on this Charlotte NC Workers' Compensation Law Blog, many employers are failing to provide their workers with insurance, and others are putting workers at risk by inaccurately classifying them as 'independent contractors' instead of 'employees.'

Emily Lytle has joined our firm

We are pleased to announce that Emily Lytle has joined the Bollinger Law Firm as a paralegal.  Emily will be working primarily with attorney Chad Winebarger.  Emily has a warm and friendly personality and she enjoys helping our clients get through their legal troubles.  You may reach Emily here at 704-377-7677.   

How much are Attorney's Fees in NC Workers' Compensation Cases?

Attorney's fees in NC workers' compensation cases paid by injured workers are regulated by state law.   

Making the Insurance Carrier pay Attorney's Fees in NC Workers' Compensation Cases

On August 21, 2012, the NC Court of Appeals filed a new decision on attorneys' fees as a sanction in workers' compensation cases.  In Ensley v. FMC Corporation and Broadspire (servicing agent), COA12-255, the Court held that the Industrial Commission had correctly assessed attorneys' fees against FMC and Broadspire as a penalty for unreasonably defending this asbestosis case. 

"Charlotte Workers Getting Hurt" by the Charlotte Observer

On August 19, 2012, the Observer ran this article about North Carolina workers who get hurt at work, and are then denied benefits because their employer fraudulently misclassified them as "independent contractors."   If your employer is telling you when and where to work, and how to do the job, then you are probably an employee and not an independent contractor.  Call us here at the Bollinger Law Firm if you are concerned about your employer committing misclassification fraud.  We can help you.  Here is the article:    

"Cheating Employers Make it Tough to Compete" Charlotte Observer

Here is an investigative article from the Charlotte Observer on August 19, 2012, about employers in NC who cheat their employees out of workers' compensation coverage in various ways.  These employers are also getting a competitive advantage over businesses that follow the law and play by the rules.  

Disabled workers more likely to be hurt on the job

Sometimes employers neglect to create a safe working environment for disabled workers. Unfortunately, this has led to the workplace injury rate for disabled workers to be approximately three times that of non-disabled workers.

I have two jobs, was hurt on one job-- how is my comp calculated in NC?

The North Carolina Court of Appeals addressed this issue in a case decided on August 7, 2012.  In Tunell v. Resource Manufacturing/Prologistix, COA 12-103, the Court reversed the Industrial Commission's decision (IC# W77904) with regard to the calculation of the employee's post-injury earnings. 

Construction site accident kills 2 North Carolina DOT workers

While driving alongside a construction site on the road, many drivers may slow down to ensure the construction workers' safety. This simple act may reduce the risk involved with a utility or Department of Transportation worker's job.

NFL players may face mental illnesses, encouraged to seek help

It is most employers or organization heads' priority to ensure the physical and mental health of their employee. However, workplace illnesses can strike any worker, regardless of the nature of the job or the worker. The NFL Commissioner has recently expressed concern over the mental health of NFL players.

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