This issue was addressed by the North Carolina Court of Appeals in Wright v. Alltech Wiring & Controls (2019) In this case the injured employee was required to visit clients’ job sites and on the majority of days the injured employee would travel from home to the employer’s office before heading to clients’ job sites; however, on some mornings the injured employee would travel from home directly to the clients’ job sites and on most days at the end of the work day the injured employee would return to the employer’s office before traveling home. The employer provided the injured employee with a company truck, which the injured employee used to commute to and from the employer’s office and to travel to and from clients’ job sites. On the date of the injury employee’s injury, the injured employee left the…Read More
This issue was recently addressed by the North Carolina Court of Appeals in Collins v. Wieland Copper Products, LLC. In this case the injured employee had an accident at work in 2009 resulting in an injury to his right shoulder. The injured employee underwent two surgeries for his right shoulder, after which the injured employee returned to work for his employer. In 2014 the injured employee entered into a settlement agreement with his employer wherein he received a lump sum of money and in exchange his 2009 workers’ compensation claim was closed for any future benefits. In 2020 the injured employee had a new accident work for the same employer which resulting in an injury to his right shoulder. When he filed a new claim for workers’ compensation benefits, his employer denied the claim alleging that the prior settlement agreement…Read More
This issue was addressed by the North Carolina Court of Appeals in Ball v. Bayada Home Health Care (2019). In this case the injured employee began work for the employer in May 2010 and worked in a part-time position earning $8.00/hour until November 2010 when the injured employee began working a full-time position. In February 2011 the injured employee was transferred to a new position which required increased work hours and included an hourly pay increased to $10.00/hour. However, on the injured employee’s first day of work in the new position, the injured employee suffered an injury at work. The primary issue in this case was the amount of the weekly disability checks the injured employee was entitled to receive. The employer argued this amount should be based on the average wages paid by the employer to the injured employee…Read More
In this article, you can discover… What to do immediately following a commercial truck accident. Symptoms to look out for following a truck accident. How an attorney can connect you with specialists and advocate for you meaningfully. What Should I Do Immediately After A Tractor Trailer Accident? First and foremost, call 911 to report the accident. Your safety is the top priority, so check yourself for any injuries and see if you're able to safely exit your vehicle. Pay attention to any pain or signs of injury, even if they seem minor. If you’re able to leave the vehicle, try to gather names and contact information from everyone involved. It's also a good idea to take photos of the accident scene, the damage to the vehicles, and any visible injuries you may have—your cell phone will come in handy for…Read More
Suffering a personal injury can be life-changing, and understanding the legal terms involved is essential to getting the compensation and justice you deserve. Whether you're dealing with the pain of physical recovery or the stress of mounting medical bills, knowing how liability, damages, and negligence factor into your case can give you the power to protect your rights. This guide breaks down key legal terms every personal injury claimant in North Carolina should know, helping you take control of your path to recovery. Keep reading to learn about… How negligence and liability factor into your personal injury claim. What damages you may be entitled to in North Carolina. How a pain journal can benefit you, and what to record. What Constitutes A Personal Injury Claim? When most people think of a personal injury claim, they often associate it with car…Read More
My employer was paying for the medical treatment for my work-related injury and now they are telling me that my workers’ compensation claim has been denied, can they do this? This issue was addressed by the North Carolina Court of Appeals in Garrett v. The Goodyear Tire & Rubber Company (2019). In this case the North Carolina Court of Appeals affirmed the prior decision of the North Carolina Industrial Commission who ruled that an employer may voluntarily provide payment of medical bills for an injured employee via the filing of a Form 63 and then later, and in some instances much later, file a Form 61 denying any further workers’ compensation benefits for the injured employee, requiring a formal trial before the North Carolina Industrial Commission if the injured employee alleges the entitlement of further workers’ compensation benefits due to the…Read More
This issue was addressed by the North Carolina Court of Appeals in Bache v. TIC-Gulf Coast (2019). In this case the injured employee lived in Florida and was hired by an employer located in Colorado to work on a building site in North Carolina, which was estimated to take 1.5 to 2 years to complete the building project. The injured employee was paid an hourly rate for the work performed and received a $70/day per diem to cover living expenses while working in North Carolina, since the injured employee lived in Florida. After getting off work one day the injured employee and a co-worker went out to dinner at a restaurant and on the way home the injured employee was involved in a motor vehicle accident resulting in a significant injury. The North Carolina Court of Appeals noted that generally…Read More
I was injured when something got jammed in a machine at work and my employer says this is not an accident which would allow me to receive workers’ compensation benefits. This issue was addressed by the North Carolina Court of Appeals in Embery v. Goodyear Tire & Rubber Co. (2020) In this case the injured employee injured his shoulder when he was removing rubber jammed in a machine at work. The employer denied the injured employee workers' compensation benefits alleging there was not an “accident” at work, which caused the injury. The North Carolina Court of Appeals noted that an “accident” is defined as an interruption of the normal work routine of work and the introduction thereby of unusual conditions likely to result in unexpected consequences. The North Carolina Court of Appeals ruled that when an activity which is otherwise unusual becomes part of the…Read More
I have continued to receive treatment from my workers’ compensation doctor, but now the insurance company is denying to pay for my further medical treatment? This issue was address by the North Carolina Court of Appeals in Dunbar v. Acme Southern (2020). In this case the injured employee was not entitled to any ongoing disability checks due to his injury at work, but he continued to receive medical treatment for his workers’ compensation injury. At some point, without the knowledge of the injured employee his medical bills began to be paid by Medicare vs. his employer via the workers’ compensation claim. After approximately 4 years of this occurring, the injured employee was recommended to see a new doctor for medical treatment related to his work injury, but the employer denied payment for this based on the fact that they had…Read More
An option to address this type of situation was addressed by the North Carolina Court of Appeals in Suazo v. Juan J. Gutierrez-Bojorquez (2021). In this case the North Carolina Court of Appeals ruled that a principal contractor is a statutory employer and may be held responsible for the injuries for an injured employee who was working for a subcontractor contracted by the principal contractor when the subcontractor does not have workers’ compensation insurance. Should you have any questions about this or any other issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127. Read More
