Posted on Saturday, July 22nd, 2017 at 6:00 am
Learn more about what workers’ compensation is from The Workplace Injury Center and attorney Joe Miller.
Posted on Friday, March 24th, 2017 at 2:00 pm
One of the most complex parts of any workers’ compensation case is determining whether the employee is eligible for workers’ compensation benefits. In both North Carolina and Virginia, one key test is whether the worker was an employee or an independent contractor. Generally, workers who are employees can receive workers’ compensation benefits Generally, independent contractors are not eligible for state workers’ compensation benefits.
Workers should understand that the determination of employee status is not one that the employer makes. The decision is made by the Deputy Commissioner of the Workers Compensation Commission or Industrial Commission.
Many employers try to classify their workers as sub-contractors vs. employees to avoid having to provide work injury insurance for them, paying payroll taxes, and/or to avoid having to purchase health insurance under Obamacare for their employees. This is called “misclassification” by the employer is actually a crime.
If you were injured while working, you should definitely consult with an experienced work injury lawyer like Joe Miller Esq. He will review many different factors which affect your real job status. In the right case, he can persuade the Deputy Commissioner that you were really an employee and should get full workers compensation injury benefits. We have been successful in several of these kinds of cases.
Some employers will also settle these kinds of cases to avoid a hearing in order to avoid their “business model” of misclassifying employees as subcontractors from being exposed in a public forum, which might subject them to IRS scrutiny.
Some of the important workplace factors the determine if a worker is an employee or an independent contractor are:
Because the construction industry contains so many trades that are brought in to complete jobs, we often see the most contentious battles of this employee vs. subcontractor issue take place when there is a work injury on a construction site.
Workers can be considered employees even if they are day laborers, borrowed employees, or part-time workers.
Any reverse situation (the worker doesn’t get benefits, and doesn’t have pay deductions) may tend to indicate the worker is an independent contractor. But again, this is certainly not determinative. Some employers pay in cash and the folks who work for them can be employees. The key factor is control over the means and methods of the work.
Many employers try to use the payment method to try and convince workers that they are independent contractors – because the employer then doesn’t have to pay for the benefits, pays less taxes, and has less administrative work.
As mentioned previously, though, many times, the employer position is just self-serving, as a means to operate the business on the cheap.
Some employers will even go so far as to have their employees sign “contracts” where the employee declares an understanding that he or she is an independent contractor and not an employee.
You should know that such agreements are usually not worth the paper they are written on.
The Virginia Workers Compensation Commission and the NC Industrial Commission will ignore such documents IF there are “facts on the ground” that indicate that the worker is treated as an employee.
For instance, are there rules and procedures that are enforced about how, when and where the job is to be performed? Does the employer demand strict adherence to those rules on pain of the “termination of the contract”? If so, that is indicative of an employer/employee relationship and not a subcontractor relationship.
The other listed factors can flip the employer’s decision so that the worker is formally considered an employee.
A typical example of an independent contractor is a painter who has all his own ladders, paint and equipment, and is hired by a contractor on a house to come in and paint. The painter comes when he wants and leaves when he wants. The contractor provides zero equipment or supplies. The scope of the painter’s work and the price is determined by a contract drawn up by the painter and signed by the owner or general contractor. The painter controls when he begins the work and is finished when the job is complete.
Training. Generally, employers train their employees but they don’t train or educate independent contractors. Just because a worker does his/her job away from the office doesn’t mean the worker is an independent contractor. For example, many employees are allowed to telecommute.
The bottom line for the state workers’ compensation Deputy Commissioner is to look at the entire work relationship, not one specific factor.
Attorney Joe Miller has been fighting for injured workers for over 25 years. He has helped thousands of workers get strong recoveries. For advice on your work-relation status and all other work injury issues please make an appointment with Joe Miller Esq. by phoning him at (888) 694-1671 or using his contact form.
Posted on Wednesday, March 22nd, 2017 at 2:00 pm
Law enforcement officers and other security and safety professionals put their lives and careers at risk every day. These professionals who protect the community deserve to be paid promptly and justly when the suffer an injury while doing their job. North Carolina and Virginia work injury laws protect law enforcement staff by providing that officers and safety personnel who suffer workplace injuries should have their medical bills paid and should receive 2/3rds of their lost wages for the period of time they are out of work, as well as payment of medical bills related to the injury. Security professionals should also be entitled to lost wage benefits if they suffer permanent injuries. When tragedy strikes and a security worker dies, the families of these heroes should be compensated in according with state workers’ compensation laws.
Police officers and safety staff are at risk for many different types of injuries. When an assault or accident occurs, it is not necessary for the officer/security member to prove fault. If the injuries or death were due to a workplace incident, then benefits should be payable. Some common security injuries are:
Some law enforcement and security personnel may also suffer harm due to exposure to narcotics, radiation, and other dangerous job-related problems.
Many officers and security personnel suffer deadly injuries. Survivors often can never return to work again or need to be retrained because they can no longer do police work. Common enforcement injuries include:
Officers and security personnel who suffer any type of injury need to get a proper medical evaluation to determine if they can ever return to work.
Unfortunately, if you are police officer employed by a City in the Commonwealth of Virginia, it has been our experience—and that of most workers compensation lawyers in Virginia—that for whatever reason, Virginia Cities do not settle workers compensation cases. If an officer is released to light duty, Cities are much more likely to accommodate an officer with alternate employment as opposed to continuing to pay workers compensation benefits.
The reason for this reluctance of cities to settle claims in Virginia is assumed to be due to the lack of budget line-items in City Budgets for settlement reserves.
In North Carolina, we have seen cities and counties that set aside funds in the their annual budgets for potential workers compensation settlements. It all depends on the budgetary restrictions of the particular city or county.
Police officers and security professionals deserve to be treated with respect. They should not have to worry about getting work injury benefits for doing their job. If you or a loved one suffered injuries while protecting the public, attorney Joe Miller has the experience to get you justice. He has been fighting for injured workers for over a quarter of a century. To review your case now, please phone Joe Miller at (888) 694-1671 or complete his contact form.
Posted on Monday, March 20th, 2017 at 2:00 pm
Public and private school teachers provide a valuable service to the residents of North Carolina and Virginia. Like any other workers though, there is a decent chance that they may suffer an injury at work during the course of their career that prevent them from working – either part time or full time.
Some of the ways teachers can get injured are:
Teaching is a very tough profession. Along with the daily chores of teaching and education students, many teachers are required to be disciplinarians and social workers. Memorable teachers are also mentors for their students. While some schools make these tasks easy, many teachers find that overcrowded classrooms, a lack of support for teachers, underfunding, and other problems create a lot of stress on the teachers. Compensation for emotionally-related (as opposed to physical stress injuries like carpal tunnel syndrome) stress-related work injuries in North Carolina and Virginia is complicated.
One of the main problems in psychological stress cases is proving that the stress was due to a specific incident as opposed to family factors, domestic issues, pre-existing mental problems, aging, or other daily stress factors. As a general rule, psychological injuries without some physical injury or some type of trauma outside the realm of normal experiences, such as a physical assault, terrorist attack, rape, or school shooting—are not compensable.
Stress that escalates into depression or post-traumatic stress disorder (PTSD) is more objective than general malaise and fatigue that goes with many jobs – but objectivity isn’t really the key requirement.
Stress or anxiety that is triggered by a specific incident is can be compensable, whereas stress from teaching unruly students is not. For example, if a teacher suffers depression as a result of trying to break up a fight between several students, then there might possibly be a case for work-related stress – especially if the teacher suffered some physical harm while trying to break up the fight.
Contact a skilled North Carolina or Virginia workers’ compensation lawyer now for clarification in the area of teacher-related injury. Attorney Joe Miller has been fighting for injured workers for over 25 years. He has helped thousands of workers get strong recoveries. For advice on your work-relation status and all other work injury issues please make an appointment with Joe Miller Esq. by phoning him at (888) 694-1671 or by using his contact form that appears on his website at www.TheWorkInjuryCenter.com
Posted on Friday, March 10th, 2017 at 2:00 pm
Just because your employer or the insurance carrier for the employer says you have a pre-existing condition, does not mean you cannot file a claim. While a pre-existing medical condition may sometimes defeat your right to collect work injury benefits, there are exceptions and there are defenses. The best course of action is to review your case with an experienced North Carolina or Virginia workers’ compensation attorney who can make sure you get the correct legal and medical analysis.
In North Carolina and Virginia, even if the work injury was partially due to pre-existing causes, if it can be shown that the work injury aggravated the pre-existing condition, then the employer and carrier is 100% responsible for the medical bills and temporary total disability payments that the workplace accident actually causes. Often the employer will try everything it can to show that your pain and symptoms are conditions you experienced before the accident date. This is especially true if the worker has a permanent injury.
Watch a video from attorney Joe Miller about pre-existing conditions in Virginia Workers Comp Cases.
One of the key arguments our legal team makes in pre-existing condition cases—when the comp carrier is attempting to deny the claim— is to argue that the accident at least partially aggravated your medical condition. In Virginia, the standard is that the work accident must have caused a “mechanical change in the body.” We take it upon ourselves to make sure your doctors are educated that the standard for causation in Virginia is actually very, very low.
So long as your doctor can say that your current disability and treatment were caused, even to a slight degree, by the work accident, then 100% of the condition is compensable. That means the pre-existing condition really does not matter.
For example, the most common place where we see the pre-existing condition claims is on back injuries. Particularly if you have been employed in labor most of your life and you are over 50, even if you have not been hurt, an MRI of your lumbar spine is likely to reveal a basket of horrors such as bulging discs, osteophytes, foraminal stenosis, cord compression, and all sorts of other issues. Of course, you can have all kinds of things like this going on in your spine and feel perfectly fine, until………
When a trauma occurs, those asymptomatic conditions suddenly become very symptomatic, in some cases so much so that you may be unable to walk. Although it is true that many of these conditions took years to form and develop, so long as the treating physician can say that more likely than not the work accident caused a mechanical change in the body that worsened a condition that is now causing you disability and necessitates treatment, then that injury is 100% compensable. The fact that there were pre-existing conditions that were not causing you pain or interfering with your ability to work on a daily basis is irrelevant.
Prior injuries that have not healed
The real problems in proving your case may come when you have a condition that WAS causing you pain and you were treating for that is now aggravated by a work accident. The ability to prove such cases are really going to depend on the level of treatment you were engaged in leading up to the accident, the severity of your previous symptoms, whether you had already recovered from those issues prior to the accident, and whether you were continuing to lose time from work as a result of the prior accident.
If the prior pre-existing condition arose through another workers’ compensation claim, then sometimes it is appropriate to file more than one claim and sometimes it is appropriate to leave it alone and blame everything on the first accident, assuming the evidence supports that. This is really something that you must strategize together with experienced counsel, as every case is different.
There are a few other considerations that you will need to review with an experienced North Carolina or Virginia (depending on where the accident happened) lawyer.
If you are receiving Social Security disability income or private disability income, those also should not affect your ability to get new worker’s compensation benefits. The key issue will still be how much did the new workplace accident contribute to and worsen your condition. Still, it is a good check to review any other payments with your work injury lawyer. Similarly, it’s wise to review any other benefits such as retirement benefits you get with your work comp lawyer.
Virginia and North Carolina workers’ compensation lawyer Joe Miller Esq. is ready for the arguments defense lawyers and insurance adjustors will try to make to reduce or deny your claim based on pre-existing conditions. He understands the counter-arguments that can help you get justice when you suffer a work-related injury. Attorney Joe Miller has helped thousands of injured workers get strong settlements and awards. To speak with an experienced workers’ compensation lawyer, please phone at (888) 694-1671. You may have a sizable recovery coming to you.
Posted on Wednesday, March 8th, 2017 at 2:00 pm
Workers’ compensation cases have several key differences from personal injury cases. At the Work Injury Center, we are experienced work injury lawyers who understand these key differences. We do everything we can to help workers get all the work injury benefits they deserve and to also preserve their personal injury rights.
Before the North Carolina and Virginia worker’s compensation laws were enacted, employees had to bring personal injury cases against their employer. These lawsuits put a lot of pressure on the work relationship. Eventually, State legislators realized these lawsuits hurt more than helped both sides. The workers’ compensation laws were compromises to help workers get paid and return to work when they are able, while reducing the demands on the employer to defend the lawsuits and risk having to pay large awards.
Here are some of the key differences:
In a worker’s compensation case, there is no need to prove the employer was at fault. The key requirements are that the worker show that the accident happened while the employee was performing his/her job and that the accident caused he worker’s injuries. There is no need to assign blame. There is no need to have co-workers testify or to cross-examine your boss as to what he may or may not have done wrong.
That being said, in North Carolina there are extremely rare circumstances where an employer’s gross negligence can permit a lawsuit instead of a workers comp case; however, this is almost never permitted. In North Carolina, if the employer can be shown to have violated an OSHA or other safety law which proximately caused the worker’s injury, there is a potential 10% increase in compensation available to the employee.
That is not the case in Workers Compensation. In Virginia, unless it can be proven that you willfully ignored a known safety rule which caused you to get injured, your negligence or carelessness will not prevent you from bringing a worker’s compensation case.
In North Carolina, even if you violated a safety rule or OSHA rule, similar to the rule against employers, this would not bar your case, but may result in a 10% reduction in your compensation.
The contingency rate is much less in worker’s compensation cases, typically 20% in Virginia and 25% in North Carolina. Moreover, all such arrangements are subject to the approval of the Virginia Workers Compensation Commission and the North Carolina Industrial Commission.
In personal injury cases, it is often necessary to bring expert witnesses into court. Doctors charge high rates for testifying in court or via video deposition because they’re losing time away from the office.
In worker’s compensation cases, many times, the testimony of the doctor can be submitted through the physician’s medical reports or by taking a medical deposition, both of which are far less expensive than bringing the doctor live to Court. In personal injury cases, there also may be the need to bring in experts such as traffic reconstruction experts or economic experts who can be expensive too. Such experts are typically not involved in workers compensation cases.
In addition, the employee vs independent contractor relationship is complicated. Workers should not automatically assume they are an independent contractor just because that is what the employer says. In some cases, we can prove that the worker really was controlled by the employer and should be considered an employee who can demand work injury benefits, even if there is a contract that says otherwise. Click here for more information on this issue of employees vs. independent contractors.
Whether it is appropriate to proceed in that regard depends on the size and assets of the employer. It is extremely rare that a large, well-financed employer fails to carry workers compensation insurance in Virginia; however, in the rare instance that it does happen, then a lawsuit may, in fact be brought against the employer by the employee and the employer waives all defenses to the lawsuit. Employees should seek competent counsel before deciding how to proceed.
Injured employees who do have a valid worker’s compensation claim may also, in some cases be able to bring a personal injury claim against a third party. For example, if the work equipment was defective, the worker can normally file a worker’s compensation claim and also bring a product liability claim against the manufacturer or seller of the defective product.
North Carolina and Virginia workers’ compensation attorney Joe Miller Esq. has been helping employees get justice for over 27 years. He is ready to explain your options, analyze and prepare your case, and plead your case with insurance adjusters and before workers’ compensation Deputy Commissioners . For answers to your questions and tough advocacy, please call at (888) 694-1671 to speak to a trusted workers’ compensation attorney or fill out our online form for more information.
Posted on Friday, February 3rd, 2017 at 2:00 pm
Construction work is one of the leading cause of workplace accidents and sadly causes of death, too. Many construction accidents leave a worker permanently disabled or needing extensive long-term medical care. Workers who can’t return to their job often need to retrained for jobs that involve much less physical labor. Construction work includes jobs at private residences, commercial buildings, industrial sites, road and bridge repair, and a variety of needs throughout both North Carolina and Virginia
Unlike office work, construction work is often at a temporary site which is a constant state of change because of the work being done. As with all workers comp injuries, there is no need to prove that the company that ran the site, a supervisor, or any other party was responsible or at fault for the employee’s accident. Any employee who is hurt while doing his/her job and suffers injuries that prevent an immediate return to work is entitled to payment for medical bills and 2/3rds of lost wages until a return is possible (with some exceptions).
Construction companies are supposed to comply with local building laws. If they don’t, accidents are much more likely. Even at sites that obey all the rules though, accidents are all too common. Some of the ways construction site accidents occur are:
Fatigue is another cause of construction site workers. Tired workers are easily injured by others and even by their own actions. Other accident causes include fires, explosions, and control of hazardous energy.
According to the Occupational Safety and Health Administration, one in five fatalities in the private sector were due to a construction site accident. The top four reasons (other than vehicle accidents) were falls, electrocution, being struck by an object, and being caught-in/between. Those four accident types accounted for over 60 % of construction site deaths in 2014 – over 500 workers.
Workers’ compensation does provide some additional benefits for some injuries such as the need to have a body part amputated. Attorney Joe Miller understands which injuries qualify for additional compensation and the amount of the compensation. He also explains to family members what benefits the family is entitled to if someone tragically dies. In addition to the strong possibility of a family losing a beloved relative, many workers suffer the following types of serious, sometimes permanent, construction site injuries
Other common construction work accidents include eye injuries, injuries to the extremities, and post-traumatic stress disorder
There are a few special considerations, your North Carolina or Virginia worker’s compensation lawyer will need to review if you are hurt at a construction site and want to file for workers’ compensation benefits. Workers generally need to be employees and not independent contractors. Whether you qualify is a decision for the worker’s compensation office to determine. Even if an employer says you are an independent contractor, you may still qualify as an employee.
The key issue is control. What level of control does the employer have over the worker? Does the worker have to report to the worksite at a certain time each day? Are there rules to follow that are set by the boss? Who supplies all the main work equipment? If it’s mostly the bossman, then in all likelihood, no matter what the employer tells you, you are an employee and not a subcontractor.
We see this issue come up again and again in construction cases. Workers compensation insurance can be expensive. So companies get bad advice from someone who says they can just call all their employees subcontractors, even though they are actually employees, and get away with it.
The worst part about that is that the employer will then fail to purchase workers compensation insurance. Then when the employee suffers a severe injury, the employer shrugs and says “oh, well, you know you’re a subcontractor, right?”
Sorry, Mr. Bossman, it does not work that way. The good news is that even in such situations, all may not be lost. If the employer was under another contractor or there was a general, the injured worker should be able to recover under the general contractor’s worker’s comp insurance. Also, in Virginia, assuming the employer had at least 3 employees regularly employed in the business, the injured worker may find relief from the uninsured employer’s fund.
In construction place accidents, the injured worker may have a direct personal injury claim against non-employers such as manufacturers of equipment that was improperly made or designed.
North Carolina and Virginia workers’ compensation attorney Joe Miller has the experience and tenacity that injured workers need. His dedication to detail, understanding of the relevant legal and medical issues, and his ability to argue the facts of your case have led to thousands of satisfied work injury clients. For immediate help and strong advocacy, please call attorney Joe Miller at (888) 694-1671. You can also schedule an appointment through his contact form.
Posted on Wednesday, February 1st, 2017 at 2:00 pm
In today’s economy with its emphasis on technology, many North Carolina and Virginia workers are working from home. From home, they can access the Internet, download files from the cloud, have videoconferences when needed, and create or use company software. Some workers, such as nurses and salespeople do all their work from home and/or on the road visiting clients. Others work at the company office but take an occasional day to work from their house or apartment. While working with a computer or reading files may not seem like a likely place for an accident, home accidents can occur for many different reasons.
An employee can trip and fall over a wire, fall down the stairs, slip on ice while going to the car, or suffer a heart attack. A fire is just as likely to occur at home as it is at the office. It is generally not a requirement that the employer inspected the employee’s work environment – most employers do not bother to check. Many workers who do sit-down jobs suffer back aches, neck injuries, and repetitive stress injuries.
At the Law Offices of Joe Miller Esq., we have helped thousands of workers get justice when an accident happens. We have been providing this advocacy for over 25 years. Our legal counsel extends to all types of workers including at-home employees and workers who may be working from an offsite location. Part of our counsel is to explain that under the right circumstances, telecommuters are entitled to state workers’ compensation benefits, which includes payment for medical bills and 2/3rds of average weekly wages.
Both employers and employees like the advantages of telecommuting. For employers, it can be saving on expenses for office rooms, utilities, and office furniture, and generally the ability to expand into new territories without having to invest in “brick and mortar.” It also means a happier workforce because many workers enjoy the convenience of working from home. For employees, telecommuting means no need to spend hours on the road to report to a central office, less gasoline costs, the ability to sleep a littler later, and often a more relaxed dress code. Plus, homeworkers can listen to their own music and create their own work environment.
Statistics from Global Workplace Analytics confirm the popularity of telecommuting:
First, it is important to remember that the injured worker does not have to prove an employer was at fault for the accident. The key requirements are to show that an accident happened that is work-related and that the employee’s injuries were caused by that accident. The trade-off is that employees can’t sue their employer for pain and suffering and they only get 2/3rds of their lost wages instead of the full amount of lost earnings, for up to 500 weeks.
When an accident happens at work it is usually clear that the accident was related to the employee’s work. Accidents at home require a little more proof that the accident was work-related. At-home accidents are more likely to be questioned by insurance companies and defense lawyers who will argue that that the accident was related to something personal the worker was doing instead of actual work. A worker at the office who falls while going to the bathroom is entitled to benefits. If the same type of accident happens at home, it may be attacked.
This is a different question than asking if the accident was work-related. Work-related means that some identifiable work task was being performed. During the course of employment means that the employee was working for the company or boss at the time of the accident. An accident that happens at 3 in the morning because a regular 9 to 5 worker decides to do some word processing because he can’t sleep may not be considered during the course of employment.
Many telecommuters login to a computer system and log out at the end of the day. Workers who were properly logged in and are hurt while logged in have a stronger case than other workers.
Another item that may be considered: Did the employee typically start the day with a conference call with his or her boss to go over the day’s assignments? If the worker was hurt subsequent to the morning meeting, this may be a good indication of being injured in the course of employment.
What was the worker doing at the time? Was he or she carrying items such as files or equipment related to the work to be performed? This would weigh strongly in favor of an injury occurring in the course of employment.
Many telecommuters are not full-time employees. Only employees are entitled to collect North Carolina or Virginia workers’ compensation benefits. There are a number of factors the states will review in deciding if the worker was an employee or independent contractor. The abilities of the employer to control the manner and time of work are key factors. Workers who use company software through the Internet may be more likely to be considered employees than workers who use their own software.
As mentioned previously a daily, scheduled meeting to discuss the day’s planned activities is also a good indicator of control. Also, does the employer require that the employee wear a company uniform or other clothing when going on appointments? Also, how is the worker paid? Is it per contract or job completed, or on a regular, weekly basis? Does the worker have to invoice the work?
As with any type of injury, the worker still needs to inform the employer that an accident has happened. Workers are not required to return back to work until they can do the telecommuting job they were doing before the accident.
The laws on telecommuting and entitlement to worker’s compensation are evolving. North Carolina and Virginia work injury attorney Joe Miller understands the laws and many of the practical issues involved in claiming benefits for at-home injuries. For help now, please call Joe Miller at (888) 694-1671 or use his contact form.
Posted on Wednesday, December 7th, 2016 at 2:00 pm
Settlement rates at IC mediation conferences have historically been at or above 70%.
Under the automatic referral procedures commenced during the 1996-97 fiscal year, whenever a party files a request for hearing in a workers’ compensation claim, the Clerk’s Office sends an Order for Mediated Settlement Conference to all parties along with the Commission’s acknowledgment letter.
The only cases that are not automatically referred to mediation are claims against the state brought by prison inmates, which are excluded by law, expedited medical motions and administrative appeals.
Cases involving injured workers who are not represented by counsel are generally mediated only if all parties agree to mediate
Cases involving non-insured employers are generally mediated only if all parties agree to mediate and the Deputy Commissioner responsible for the adjudication of non-insured cases approves the parties’ request to refer such cases to mediation.
The parties have the right to select a mediator certified by the Dispute Resolution Commission on their own and may do so within the time periods specified by the ICSMC Rules. If the parties do not have a specific mediator in mind, they can select one from a list of mediators available on the Commission’s web site or from the Dispute Resolution Coordinator’s office. Our office has our ‘favorites’ who we feel do a good job for our clients and will typically select those mediators if we can, barring some major objection from the defense.
To be appointed by the Industrial Commission, a mediator must be certified by the North Carolina Dispute Resolution Commission to mediate cases in North Carolina’s Superior Courts through the court’s mediated settlement conference program. The mediator also must have a Declaration of Interest and Qualifications form on file with the Commission. The declaration must state that the mediator, if an attorney, is a member in good standing of the North Carolina State Bar; that the declarant agrees to accept and perform mediations of disputes before the Commission with reasonable frequency when called upon for the fees and at the rates of payment specified by the Commission.
After a mediation conference is scheduled to convene on a specific date, it may not be postponed unless the requesting party first notifies all other parties of the grounds for the requested postponement, or without the consent and approval of the mediator or the Dispute Resolution Coordinator.
Generally, the worker and the employer split the mediator’s fee though sometimes payment of the fee can be adjusted as part of any overall settlement.
All mediators must adhere to the Standards of Professional Conduct for Mediators adopted by the North Carolina Dispute Resolution Commission.
Motions related to the ICMSC (Industrial Commission Mediated Settlement Conference) Rules should always be addressed to the Dispute Resolution Coordinator, but all other motions should be addressed to the Industrial Commission’s Executive Secretary, unless the case has already been assigned to a Deputy Commissioner or a Full Commission panel, or the motion is otherwise subject to the Commission’s expedited medical motions procedures.
An experienced North Carolina workers’ compensation lawyer will prepare your case for mediation by making sure all the appropriate medical reports, bills, and future cost estimates are available. The attorney should also have ready any vocational reports or other documents. Additionally, the attorney will review what happens at the mediation, and what the worker’s negotiating points are in advance, and the best way for the injured worker to conduct him or herself at the mediation. The employee is not required to speak or testify at the mediation. With an experienced work injury attorney, such as Joe Miller, the mediation should run smoothly with minimal surprises.
Mediation is an attempt to resolve a dispute. If either party does not think the mediator is working towards a fair resolution, the party (including the employee) can request a full hearing. The worker, or the worker’s lawyer, may also seek to have a clearly biased mediator disqualified and request that a new fair mediator be appointed.
Generally, no. The parties should be prepared to discuss all the relevant issues at the assigned mediation. If any issues cannot be resolved, then the mediator will report that there was an impasse and the case will then proceed to a hearing before a North Carolina worker’s compensation Deputy Commissioner.
It varies. Some mediations can take a very short time – less than an hour. Usually those are the ones that do not settle. Most mediations several hours to make sure all the issues are addressed and all the details are addressed. A lot of mediation comes down to getting the math right – making sure all the future medical bills and all the lost wages are addressed. Other issues such as discounts for lump sum payments and any moneys that might be owed to other government agencies who advanced money may also need to be finalized. Once an agreement is reached, you can’t reopen the process. So, it is important to be prepared and get all the details right. That is also a big advantage in North Carolina. If an agreement is reached, the Mediator will draw it up on a special form. That form carries the weight of a Court Order. This is so that if anything should ever happen to the injured worker, the money is still required to be paid on the claim by the insurance company. That’s a major reason for hiring a North Carolina workers’ compensation lawyer who has successfully negotiated many mediations.
The mediation topics are going to vary depending on whether the claim is accepted or denied. We obviously prefer to mediate accepted claims, as we are in a stronger position. This is because the employer and insurance company have obligated themselves to pay the injured worker on an ongoing basis and cover the ongoing medical bills. Therefore, the only issues typically will relate to the degree of impairment of the worker and his or her ability to return to work, as well as future medicals.
When the claim is denied, them many more issues may come into play, just as they would at a hearing. Some common mediation topics are:
Many other issues get discussed. Your North Carolina work injury lawyers will address all the ones that apply to your situation.
Mediation is a negotiation. The employer and the employer’s insurance company will have an experienced attorney fighting for them. You need a North Carolina work injury lawyer who understands mediation and has a track-record of success, with a team behind him that knows how to put you in the best position to successfully resolve your claim at mediation. Attorney Joe Miller, Esq. has been helping injured workers for over a quarter century get justice. He will fight to get you every dollar you deserve and will only work towards a settlement when you know your medical condition. Call now at (888) 694-1671 to get answers to your questions. You can also fill out my contact form to make an appointment.
Posted on Monday, October 31st, 2016 at 2:00 pm
Accidents at work happen for many reasons. Employers should be aware of the various causes and take steps to try to avoid these types of workplace accidents or, at least, take preventive steps to try to reduce them. A common misconception is that the employer has to be negligent or “at fault” for the accident at work. This is false. Workers in North Carolina and Virginia do not have to prove that the employer was responsible for a workplace accident in order to have a valid workers compensation case. The worker just needs to prove a workplace accident did occur at some specific moment in time, and the injuries were caused by the workplace accident. Still, the best way employers can help their workers is to take safety precautions to prevent the accident from occurring.
Attorney Joe Miller is an experienced North Carolina and Virginia Workers’ Compensation attorney. When a common or uncommon workplace injury occurs, he has the skills and tenacity to file, negotiate, and litigate your work injury claim. He also understands that often times the type of accident is an indicator of the types of injuries that occur and the typical time frame for how long the worker will likely be out of work.
· Workplace violence. Many injuries are caused when workers get into arguments with other workers or when a worker has mental health issues and that instability leads him/her to lash out at other workers. In Virginia, if the employee was an unwitting victim of horseplay or violence, he or she still has a valid claim. On the other hand, if the worker was a willing participant, this may invalidate the claim, especially if the argument had nothing to do with the work at hand.
· Repetitive Stress or noise exposure. Many workers suffer injures due to repetitive motions such as working with computers or performing the same tasks over and over and over again in an assembly line or using hand tools. These are known as occupational disease injuries. Employees who suffer this type of stress often get injuries such as carpal tunnel syndrome, or hearing loss. Better equipment and better training, and rule enforcement can help reduce these types of injuries. Employees who suffer repetitive motion injuries, hearing loss, or some other injury they believe was caused by conditions at work need to speak to an experienced Workers’ Compensation lawyer because there are very specific things that need to be proven in order to qualify for a valid occupational disease case.
· Getting clothes or body parts entangled in machinery. Clothing, hair, fingers, shoelaces, and other items can get caught in the machinery which can then cause severe injuries including loss of a body part. Employers should make sure workers are educated about the risks of working with some types of equipment and take necessary preventative steps. Examples of safety measures include better equipment and educating the employee about proper work techniques. We often see some of the most severe injuries where employers cut corners by failing to properly maintain equipment, failing to utilize machine safety guards, deliberately disengaging safety devices, or failing to have any written, enforced rules or procedures for hazardous work duties.
· Car and truck accidents. Many workers such as construction workers or delivery drivers use vehicles for their job. Vehicle accidents can be deadly or cause serious injuries. Workers should be advised on the local driving rules and on how to properly operate the vehicles – especially trucks. Employers should have clearly defined and enforced safety rules which require the use of seatbelts at all times.
· Lack of industry standard simple safety measures. Many workers get injured because they are concentrating so hard on immediate physical tasks that they fail to see objects that can hurt them. For example, a worker may not see a door, table, while carrying a heavy load, or not see a person while driving a forklift around a corner. Also Employers should create a work environment that minimizes these types of accidents. For instance, the installation of wide-view mirrors at strategic points in a plant or factory can increase visibility of oncoming vehicles and people. Creating ergonomic environments where employees with restricted vision will have a path clear of obstacles is also helpful.
· Falling Objects. Employers should make sure that shelves aren’t overstocked and that items hanging from the roof or other high places are secure. Workers should be advised to wear helmets in certain work areas. Injuries can include brain damage, head trauma, and pain in the area where the object strikes the worker.
· Slips and Falls. This type of workplace accident is very common. Workers can slip or trip when there are loose objects lying around, the floors are slippery, there are tears in carpets, or for a variety of other reasons. Injuries can include broken bones, soft tissue injuries, bruises, concussions, and lacerations. In severe cases, a worker may suffer death or permanent injury.
· Falls from High Places. Workers who use ladders, work on roofs, or work on stairwells can slip and fall. While protective gear can help, anyone who falls from a high height is likely to suffer a long-term injury. Proper spotting and use of safety harnesses as required by OSHA is essential. We have seen too many workers get injured in this fashion when again, employers are willing to cut corners and not create or enforce strict rules in relation to working at heights.
· Overexertion. Many workplace accidents happen simply because the worker is being pushed too hard, and we often see this occur in the heat. When workers are tired, they are much more likely to trip, fall, fail to see other objects, or fail to use proper techniques, not to mention suffer heat stroke or a heart attack. Fatigue is a major cause of workplace accidents and is one of the most preventable – making sure the employee gets enough rest, and is provided with appropriate opportunities for cool-down and hydration.
The US Department of Labor, through the Occupational Safety and Health Administration (OSHA), keeps regular records of why workplace accidents occur. In addition to the causes listed above, some other causes of workplace accidents, according to OSHA, include:
· Poor communication – especially about safety issues
· Failure to provide respiratory protection
· Faulty equipment including up-to-code scaffolding equipment, bad ladders, and machines without safety guards
· Forklift malfunctions and misuse
· Electrical failures such as improper wiring
The list or reasons workplace accidents occur is virtually never-ending. Still, trying to categorize them makes it easier to work to prevent them. Some additional causes, that are human related, include:
· Taking shortcuts. Workers should never place speed over safety. Failing to take proper precautions can cause injury and death. Unfortunately, employers often encourage this behavior in the name of higher profits.
· Failure to clean up. Workplace supervisors should inspect the workplace before work starts each day to make sure the place is free of debris, that equipment functions properly, and that all loose elements such as overheard storage are secure.
· Poor training and preparation. Workers should be trained on how to use each piece of machinery or equipment. They should also be trained on everyday workplace safety issues to avoid injuries and to respond to them quickly when they do happen. There should also be written enforceable rules, and daily safety meetings prior to work beginning to address specific concerns of employee and management.
· Failure to address mental and emotional issues. Many workers have personal concerns that should be addressed. Workers who are thinking about their family members or other aspects of their personal lives are not focusing on safety. Employers should make some effort to help workers have the time to address personal issues so the worker can be safe and more productive.
If you were hurt in any type of workplace accident, do not delay. Even though the employee does not have to prove the employer was negligent, it does help a great deal to be able to show how the accident occurred. You may be leaving out a critical detail that could mean the difference between your employer covering or denying your case. For our free, quick, elite, 7-step case evaluation, phone Joe Miller Esq. at (888) 694-1671 or fill out his contact form. Attorney Miller represents injured workers in both Virginia and in North Carolina.