The Bollinger Law Firm, P.C.

May 2013 Archives

Proposed bill could change worker comp rules in North Carolina

When a North Carolina employee is involved in an work accident at work, whether it is in the field or in the office, they or she hasve the right to file a workers' compensation claim within a specific time frame. Through the claim process, it is possible for medical costs can be covered and sometimes even replace lost wages. For instance, wWhen a home improvement center employee was involved in a fall accident, she was able to file a special medical motion and get her a leg braces within days of filing because of the debilitating pain she was suffering. However, a new bill reportedly would change all that by changing certain workers' compensation rules.

Unsafe work environment causes workplace diseases, fatalities

It is every employer's duty to create a safe working environment for their employees. When they neglect their duty, the Occupational Safety and Health Administration cites them for their violations and often levies fines against them. In addition to this, injured workers or their family members can file a workers' compensation claim to recover compensation to cover their medical expenses or replace wages lost by taking time off from work to recuperate.

Workplace deaths are underreported in North Carolina

The North Carolina Occupational and Safety Health Administration has recently received a lot of press for decreasing fines levied against companies violating safety regulations across the state. A recent report by the National Council on Occupational Safety and Health highlights the story of a 39-year-old worker who died as a result of injuries on the job after a trench he was working in caved in on him. His employer had been cited many times previously for violating trench safety standards and was even fined, but the fines were reduced to negligible amounts each time, and even to zero on one occasion.

Worker's Memorial Day in memory of killed and injured workers

North Carolina workers may not be aware that Worker's Memorial Day was last month. It is a day to remember those workers who sustained injuries on the job or who died due to workplace injuries and to renew the effort to create a safe working environment for workers across the country. However, according to a representative of the AFL-CIO Community Services Labor Liaison, the day often ends up going unnoticed and only when a catastrophic accident takes place is the issue of workplace safety brought into the limelight.

I had two jobs when I got hurt and lost one--how is my compensation calculated in North Carolina?

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.

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