kbunn's blog

Salary Continuation in NC Workers' Comp

Certain North Carolina State employees, including law enforcement officers and teachers, may be eligible for salary continuation benefits while on workers' comp.  While workers' compensation pays only 2/3's of the salary the injured employee was making prior to the injury, salary continuation replaces 100% of the pre-injury wage.  In general, law enforcement officers subject to the Criminal Justice Training and Standards act may qualify for up to two years of salary continuation.  Drivers license examiners and Department of Corrections employees may also be eligible for certain on the job injuries.  Additionally, teachers may be eligible for up to a year of salary continuation if they are injured as a result of an "episode of violence."  After the salary continuation period is up the injured worker shifts to workers' compensation payments if they remain disabled.  Under North Carolina law, medical benefits are payable during the salary continuation period as in any other NC workers' compensation claim.

Please call or email for your free consultation with a NC workers' (workmans) comp attorney.

S&P Blasts Workers' Comp Insurance Companies

Standard & Poors recently noted an improving trend for workers' comp insurers but predicted more unprofitable years noting "this industry has a dismal track record of underwriting results as illustrated by only three years of underwriting profits over the past two decades (1991-2010)."  The report noted that most workers' comp insurance companies offset underwriting losses with investment profits; not so easy in tough economic times.

In my practice as a NC workers' compensation attorney (aka workmans comp) I can tell you that these insurance companies waste an incredible amount of money by denying necessary medical treatment resulting in longer periods of disability and higher claims cost. 

Please feel free to call or email for your free NC workers' comp case evaluation.

Workplace Deaths Increase Slightly in North Carolina

Fifty-three North Carolina workers were killed on the job last year, three more than in 2010.  The construction industry suffered the most casualties with 16.  Many of the deaths were attributed to automobile accidents, being struck by equipment or debris, and falls.  Wake county suffered the most deaths with six, followed by Mecklenburg with five.  Four deaths were attributed to heat.  North Carolina workers' compensation law provides death benefits for the dependents or next of kin of workers who are killed while on the job. 

7 day waiting period for NC workers' comp.

Unfortunately, injured workers' do not receive compensation for lost wages for the first seven days they are out of work after a workers' comp injury, unless they remain disabled for at least 21 days.  The days do not have to be consecutive and if a worker is out of work for only part of a day that day is still counted.  By law, after seven days the employer or their workers' compensation insurance company must begin paying the injured employee weekly pursuant to their comp rate, which is 2/3rds of the employee's average weekly wage (AWW).  After 21 days the employer must pay for the first seven days of disability.  The worker may use sick leave or vacation while waiting for workers' compensation to kick in.  Medical benefits should be paid from the date of the injury.  See N.C. General Statute 97-28.

Please call or email for a free consultation with a North Carolina workers' (workman's) compensation attorney.

AIG $450 Million Workers’ Compensation Settlement Approved

Many might remember the case against American International Group or AIG, for underreporting its workers’ compensation premiums back in 2006. The purpose of the underreporting was to minimize the amount of money AIG had to pay in to state funds that covered bankrupt workers’ comp insurers. North Carolina has such a workers’ comp fund called the NC Guaranty Fund, which is administered by the North Carolina Insurance Guaranty Association.

The courts have finally approved a settlement of $450 million to be paid to a group of other industry insurers including Liberty Mutual, Safeco Insurance Co. and Ohio Casualty Insurance Co.

Although Liberty Mutual believes that the settlement amount is not adequate, other insurance companies believe the agreement is fair. One thing is certain, we must be vigilant of those who want to take advantage of the workers’ compensation industry to protect the injured workers who truly deserve benefits.

At Kevin Bunn, Attorney at Law, PC, we keep up with industry news and trends to make sure that we can provide the best counsel and protection for our clients. If you have any questions about your NC workers’ comp case or wish to talk to an attorney about your claim please feel free to email or call.

NC Man Pleads Guilty to $2.7 million dollar Workers’ Comp Scheme

While the media tends to focus its workers’ comp fraud coverage on stories of workers exaggerating injuries, workers’ compensation fraud is commonly perpetrated by employers and insurance professionals. A case with a North Carolina connection typifies this.

The company, National Employment Services (NES), thought it purchased required workers’ compensation coverage through a North Carolina insurance agent named David Walters. NES had proof that they paid the insurance company more than $2.7 million dollars in workers’ compensation premiums. 

Authorities recently discovered that the insurance company had no agent by the name of David Walters and had never received any type of premium payments from or on behalf of NES. 

The man pretending to be David Walker, Carl Delmas Fuller, pleaded guilty to one count of mail fraud and was sentenced to four years in prison and ordered to pay more than $3.1 million in restitution. 

This is an interesting story of workers’ comp fraud and it is bigger than most cases we have seen. At the law office of Kevin Bunn, we pride ourselves on helping people that have been seriously injured on the job. We are proud to assist in workers’ comp cases and are always available for a free consultation. Please call 1-800-665-8945 to set up a meeting to discuss your possible workmens comp case. 

The 10 Most Dangerous Jobs in America

We recently read this article that described the 10 most dangerous jobs in America according to the most recent figures from the Bureau of Labor. Some of the jobs on the list were pretty surprising. 

Can you guess which job is the most dangerous in America? 

Being a Fisherman is the most dangerous job in America.

The Bureau of Labor says that the occupation is a lot of hard work, long hours, seasonal employment, and has some of the most dangerous conditions in the workplace. 

The list of the most dangerous jobs in America includes:

• logging workers
• airplane pilots and flight engineers 
• farmers and ranchers
• mining machine operators
• roofers
• sanitation workers
• truck drivers and delivery workers 
• industrial machine workers 
• police officers

Some jobs on this list were pretty surprising. We did not expect to see airplane pilots and flight engineers as the third most dangerous job in America. The Bureau of Labor said that there were 78 fatal work injuries for that industry in 2010. 

We recently wrote a blog about the hazards of working on a farm and tobacco field. The workplace can be a dangerous place and we hear about these stories every day.

If you were severely injured on the job and want to talk to an attorney, feel free to call us. At our law office in North Carolina, we make sure that all workers are treated fair and equal. We do free consultations so that you do not feel obligated to hire an attorney. Workers' comp or workmans compensation cases in NC can be challenging but we always want to do the right thing for our clients. 

Migrant Farmworkers Facing Tough Conditions

We recently read this News & Observer article that we thought was worthy of sharing. The newspaper wrote that state officials need to do more to reduce the risk of serious injuries and deaths of migrant farmworkers in North Carolina. 

There have been several tragic stories in the news about workers getting injured or dying because of heat strokes or machinery mishaps.  Farm workers are at a high risk for injuries because of the kinds of work they do. It is a very dangerous and sometimes dirty job. 

The News & Observer wrote 

"Last month, Legal Aid of North Carolina complained to the federal Department of Labor that the state Department of Labor's Agricultural Safety and Health Division, the agency in charge of overseeing health and safety conditions on farms, is failing to ensure that proper living conditions are being provided to workers."

We hope that state officials in North Carolina have been working towards safer conditions for farm workers. All workers deserve to be treated fairly. Here at our law office in North Carolina, we work to ensure that all employees receive proper benefits and work in safe environments. Workers' comp cases are never easy, but we try to be the helping hand during a dark and difficult situation. 

Mark Lindquist Fights for Workers' Compensation

We have been following the Mark Lindquist story for a while. His tale of heroic survival brings up a great debate about workers' comp and where insurance companies decide to draw the line. 

The fact that Mark is alive is incredible and what he did makes him a hero. The debate is not about what he did but rather if he should qualify for workers' compensation insurance.

He amassed over $2.5 million dollars in medical expenses and requires 11 daily prescriptions. He never thought that his workers' comp insurance would not cover him, because the tornado hit while he was at work trying to save the members of his group home. Out of the 152 workers' compensation claims filed after the tornado, only eight were denied by insurance companies. 

Mark was driving to the group home where he works on the evening of May 22. He was responsible for looking after three middle-aged men with Down syndrome. Soon after he arrived at the group home, he heard a tornado siren. His company had recently put all of their workers through a tornado drill but there was not a basement or shelter to move the residents to. Mark and his co-worker, Ryan Tackett, decided to place the men under their care under mattresses and they sat on top of the mattress to help protect the men. 

The tornado was among the nation's worst and it killed the three men that Mark and Ryan were trying so desperately to save. When rescuers found Mark, he was buried in rubble and impaled by a piece of metal. His survival was unheard of. Doctors told his family that if he survived, he would likely be in a vegetive state. After months in a coma and a fungal infection, his recovery amazed doctors. Even though his right arm is in a sling, he has full sight in both of his eyes and is able to walk. 

We were pleased to find out that after all of the news coverage about Mark's story, the workers' comp insurance changed their mind and decided to work with him to make sure he receives all of his benefits. It is a tricky balance to understand exactly how insurance companies work. They think about the hard line and often don't hear the stories and tribulations of the people applying for workers' comp. It is important to have an experienced workers' comp lawyer looking into the case like Mark did so they can look through the policies and see if the coverage is suitable for the situation.

Not every case is black and white and this is a case that falls in the grey area. Here at our law office in North Carolina, we can help you determine what compensation you deserve and fight for your rights. 

Expert Testimony in NC workers' comp cases

Following is a summary of the law relating to expert testimony in North Carolina workers' compensation cases.  Frequently an injured NC worker must rely on their workers' comp lawyer to introduce expert testimony to prove disability or that an injury is related to employment.  Other times the injured worker must defeat expert testimony offered by the employer or its insurance company.  Most often the expert is a medical professional although experts or "pseudo" experts in other fields often attempt to testify, including ergonomics, human factors, engineering and economics.

Trial courts must decide preliminary questions relating to the qualifications of experts and the admissibility of expert testimony. N.C. Gen.Stat. § 8C-1, Rule 104(a) (2005).  The North Carolina Supreme Court has established a three part test for determining whether to allow expert testimony: 

1) whether the expert's method of proof is sufficiently reliable

2) whether the witness is qualified as an expert in that area

3) whether the expert's testimony is relevant. State v. Goode, 341 N.C. 513, 527-29, 461 S.E.2d 631, 639-641 (1995). 

Expert testimony is subject to Rule 702 of the North Carolina Rules of Evidence, which states:  “If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion.”  N.C. Gen.Stat. § 8C-1, Rule 702(a) (2005).

The NC Supreme Court held that reliability is “a preliminary, foundational inquiry into the basic methodological adequacy of an area of expert testimony.”  Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 460, 597 S.E.2d 674, 687 (2004).  “[O]nce the trial court makes a preliminary determination that the scientific or technical area underlying a qualified expert's opinion is sufficiently reliable (and, of course, relevant), any lingering questions or controversy concerning the quality of the expert's conclusions go to the weight of the testimony rather than its admissibility.”  Id. at 461, 597 S.E.2d at 688.  In assessing whether testimony is reliable the court should first “look to precedent for guidance in determining whether the theoretical or technical methodology underlying an expert's opinion is reliable.” Id. at 459, 597 S.E.2d at 687.  If such guidance is insufficient the court should assess, without limitation: “ ‘the expert's use of established techniques, the expert's professional background in the field, the use of visual aids before the jury ..., and independent research conducted by the expert.’ ”  Id. at 460, 597 S.E.2d at 687 (quoting State v. Pennington, 327 N.C. 89, 98, 393 S.E.2d 847, 852-53 (1990)).

Please contact us for a free consultation with a NC attorney on your NC workers' (workmans) comp case.