A group of North Carolina Republicans recently introduced legislation designed to end North Carolina’s long-standing contributory negligence law. Senators Danny Britt, Jr. (R – District 13), Jim Perry (R – District 7), and Amy Galey (R – District 24) are the primary sponsors of SB477, entitled The Victim’s Fair Treatment Act. North
Rampant Workers’ Compensation Fraud – The Truth
Unless you’ve been living off the grid or trapped under a rock, most of us have heard statements such as, “Most workers’ compensation claims are bogus!”, “Workers’ Compensation reform is necessary because so many claims are fraudulent.” and “All those fraudulent workers’ compensation claims are driving up employers’ workers’ compensation rates.” Every
Part II of Workers’ Comp & Pre-Existing Conditions: Not the End of the World, but Beware
Having established in Part 1 that pre-existing conditions are not an absolute bar to recovery in workers’ compensation cases, we have arrived at the “beware” part of this discussion. Beware of NCGS §97-12.1. §97-12.1. Willful misrepresentation in applying for employment. No compensation shall be allowed under this Article for injury by accident or occupational disease
Workers’ Comp and Pre-Existing Conditions: Not the End of the World but Beware
I always like to start with good news so let’s start this two-part series with the “not the end of the world part.” Do not let rumors or negative assumptions get you down. Having a pre-existing condition does not prevent you from obtaining workers’ compensation benefits. If you have a pre-existing condition,
Doomscrolling: Perpetuating the State of Heightened Anxiety
No, this isn’t the part where I preach to you about how bad social media is or that we should give up all modern technology and live a Henry David Thoreau type existence of quiet contemplation in the woods. There is nothing wrong and in fact something quite healthy in looking for
NC Workers’ Comp & SSDI: 2 Benefit System Puzzle Pieces That Don’t Always Fit Together Easily Part II
In Part I of this series, we discussed requirements/qualifications for benefits under each system and the “offset.” Now, we will pick up the conversation and discuss other considerations. While in theory, it would seem common sense that it is better to draw benefits from two systems than one, there is another catch.
North Carolina Workers’ Comp & SSDI: Two Benefit System Puzzle Pieces That Don’t Always Fit Together Easily
A number of people who are injured at work, find themselves out of work for an extended period of time and wondering whether they can draw benefits through workers’ compensation and social security disability. The short answer is maybe, but it’s complicated. First, is the issue of eligibility requirements. Generally speaking, it is easier
Working from Home or A Hybrid Working Environment – North Carolina Workers’ Compensation Implications
As the COVID-19 public health crisis developed, many North Carolinians found themselves working from home either, as a result of voluntary safety initiatives of employers or executive orders of Governor Cooper. Today, as COVID-19 metrics improve in North Carolina, a significant number of North Carolinians still find themselves working from home or
Back to School Blues in the Time of COVID 19
What a roller coaster ride, and not the fun kind, more of the there’s been a ride malfunction and the riders are getting worried and nauseous kind of ride. First, parents/guardians and students faced the uncertainties of what the 2020-2021 school year would look like. Now, we know what that looks like,
Nursing Homes, and Others, Are “Immune” From COVID-19 Liability?
Nursing home staff have been begging for proper PPE in homes, but many are required to use inadequate protection. Some staff are using things such as ponchos and even trash bags, and some with no protection at all. Such terrible conditions put elderly patients at risk. If a nursing home corporation failed to