Law Blog

Don’t Be Joggin’ Your Noggin

Did you know March was Brain Injury Awareness Month?  We wanted to post this blog last month, but we forgot – brain injury, perhaps? All kidding aside, brain injuries are no joke.  Often not detected or diagnosed for months or even years, these injuries can devastate lives.  New studies reported by Reuters last month reveal that young children who are hospitalized with head injuries may be at higher than average risk for developing attention deficit hyperactivity disorder (ADHD) later in life. As for adults, head injuries are responsible for more than 80,000 emergency room visits

Posted in Personal Injury Tagged with: ,

Some conditions ARE payable under Workers Comp even when there is NO Accident!

Most people know that workers who get a condition known as carpal tunnel syndrome from a job that requires strenuous, repeated hand movements sometimes can get workers comp benefits. But why some other conditions are occupational diseases and payable under workers’ comp is not as well understood. Some occupational diseases are listed in the workers’ comp law, like brown lung from breathing in cotton dust, or lung disease from asbestos. Other occupational diseases can be any condition that meets both of these requirements: the employee’s work causes the condition the employee’s job put her at

Posted in Workers' Compensation Tagged with: , ,

America’s Most Dangerous Jobs

Dangerous Jobs

Bomb testers? Bail bondsmen? Stunt doubles? Sure, those jobs are risky business. But plenty of ordinary, everyday jobs also make the cut for America’s Most Dangerous Jobs. Here is our top 10 list of notoriously dangerous fields: Loggers / Landscapers / Groundskeepers: Watch out for falling trees, chainsaws, grinders, and other hazards of working in a rugged landscape. Loggers and landscapers are exposed to harsh temperatures, rugged terrain, and exposure to pests such as ticks, snakes, and wasps. Don’t forget about repetitive motion diseases – above-shoulder work or machinery vibration often takes a toll on

Posted in Employment Law, Safety Information Tagged with: , ,

Workers’ Comp is based on disability

Many injured workers know someone who was injured at work and got a “big” settlement from workers’ comp. But getting a big settlement means that the injured worker suffered a terrible impact to his life and his ability to earn a living. Because Workers’ Comp is based on disability, it means a serious injury and lost money from being out of work. With workers’ compensation settlements, serious injuries accepted by the insurance company usually take a long time before there is a settlement. Sometimes they will never settle. All workers comp settlements are voluntary, and

Posted in Workers' Compensation Tagged with: , , ,

Pain Killer Limits for Workers’ Compensation Claimants? North Carolina’s Dramatic Proposal to Fight the Opioid Crisis

Like many states, North Carolina has been hit hard by the opioid crisis, and workers’ compensation claimants are particularly vulnerable, because they must find a way to control their pain, so they can get back to work. Like many folks experiencing severe pain, injured workers often fall victim to prescription opioid addiction. Sometimes prescription addiction even leads to the use of illegal drugs, when pain continues but prescriptions run out. The North Carolina Industrial Commission, which oversees workers’ compensation claims, is hoping to reduce addiction among workers’ compensation claimants by proposing rules reducing the availability

Posted in Workers' Compensation Tagged with: , ,

When The Company Calls You An Independent Contractor, But Controls You Like An Employee

Do you work for an employer that promised you the opportunity to own your own business?  Did that employer help you get started in the “business,” but now tells you what to do every day?  Does the company dictate what time you go to work and what price you get paid for your services or for the products you sell?  In that situation you likely don’t feel very independent, and in fact, your company may be skirting the law and may owe you money.  You may not have the social security, Medicare, unemployment and workers’

Posted in Employment Law Tagged with: , , ,

Congress and the President Just Increased Taxes on Confidential Sexual Harassment Settlements – Will They Fix It?

You may have heard that the Tax Cuts and Jobs Act, the one that gives corporations permanent tax cuts, was passed in a hurry.  There was talk about members of congress writing provisions by hand during the wee hours of the morning.   The bill was signed into law on December 22, 2017 and went into effect just a little over a week later.  Now that the dust has settled, we can see at least one provision wasn’t thought out very well. First, as part of the drafting process there was the Stop Tax Breaks For

Posted in Sexual Abuse and Harassment Tagged with: ,

You Might Have the Right to Take Your Sexual Harassment Case to Court if This New Bill Passes

A North Carolina employment attorney can tell you if the employment agreement you signed took away your rights to sue in court in exchange for a job.  And if you gave up those rights, and are fired wrongly in North Carolina, or if you are sexually harassed or discriminated against, you will not be able to go to court.  You instead might go in front of arbitrators, who are lawyers or former judges in part picked by the employer’s lawyer.  That kind of forced arbitration can stack the deck against you. A new bill introduced

Posted in Employment Law, Labor and Employment, Sexual Abuse and Harassment, Legislative Action

How to Avoid a #MeToo Experience with a Massage Therapist

How to Avoid a #MeToo Harassment Experience with a Massage Therapist

There is nothing like a good massage at a spa where you feel safe. Turns out some massage therapists are dangerous. Recently BuzzFeed said that more than 180 women around the USA have complained they were sexually assaulted by employees of Massage Envy. Some of the women filed lawsuits which have since settled. Since the announcement, Illinois Attorney General Lisa Madigan has subpoenaed a number of documents from Massage Envy locations in that state, as well as from corporate headquarters in Arizona. Madigan is looking for corporate policies, employee training, information about lawsuits, sexual misconduct

Posted in Cases in the News, Sexual Abuse and Harassment Tagged with: , ,

What if My Trucking Company Doesn’t Have Workers’ Comp Insurance?

What if My Trucking Company Doesn't Have Workers Comp Insurance

Here is why you need an experienced North Carolina workers’ compensation attorney. You sign up with a trucking company to become one of their drivers. You may travel from your home in North Carolina to another state to finish your application. Or you live outside of North Carolina. You probably take tests for the company in that other state, and they give you a lot of paperwork to sign. One paper in the pile is for occupational accident insurance (OAI). You sign it and everything else they give you, and you have a job. You don’t

Posted in Workers' Compensation Tagged with: , ,

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