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Does the “dual capacity” theory apply to workers’ compensation?
Workers’ compensation offers what can broadly be thought of as a “win-win” outcome for injured workers and their employers: the worker benefits from having a relatively speedy forum through which to receive benefits for lost income and for medical expenses, while the employer has a way to avoid being the…
Should you be “Mirandized” in a workers’ compensation claim?
“You have the right to remain silent. If you choose to give up that right, anything you say can and will be used against you in a court of law.” If you have ever watched a television police drama, you probably already know those words by heart as you have…
Recent court decision highlights scope of workers’ compensation
Most people associate workers’ compensation benefits with injuries suffered in a workplace accident. Fewer people might associate a claim under the North Carolina Workers’ Compensation Act with compensation for being wrongfully convicted in a criminal case, but that issue was recently in front of the Court of Appeals. As it…
May I choose my own doctor when receiving workers’ compensation?
Most employees in North Carolina are covered by workers’ compensation insurance for workplace injuries and work-related occupational disease. Workers’ compensation benefits for medical expenses, lost wages and disability are payable without the necessity of a lawsuit against an employer. One of the tradeoffs associated with workers’ compensation is limitations it…
OSHA woefully deficient in preventing toxic exposure to chemicals
The Occupational Safety and Health Administration was created to protect workers from hazardous conditions in their jobs. But due to numerous changes in the workplace since the agency was created in 1970, as well as pressures from special interest groups, OSHA is failing to protect many workers from common workplace…
What is benzene?
Every day thousands of workers in North Carolina are subject to toxic substances. Most of the time, proper precautions are taken to make sure no harm comes from working with these chemicals. One such substance is benzene. Benzene is naturally found in volcanoes and forest fires. But it is also…
How to handle a head injury on the jobsite
A head injury on a worksite can cause everything in the vicinity to come to a standstill. These are very dangerous — potentially fatal — injuries that should be addressed immediately. It is important for both the injured person and anyone around to stay calm; inducing panic will not be…
What is the role of the North Carolina Industrial Commission?
Workers who suffer job-related injuries or illnesses in North Carolina and who seek to file workers compensation benefit claims have two options available to them in seeking assistance. One is to use the North Carolina Industrial Commission, specifically its Workers Compensation Information Specialists Section. Beyond the information generally available on…
Not all work accidents take place on the job site
Workers’ compensation claims frequently, but not always take place in the context of employees being injured at their place of employment, such as a construction site, factory floor or office. But we at Ayers, Whitlow & Dressler know that what is most important in establishing a claim for workers’ compensation…
Understanding North Carolina workers’ compensation death benefits
The death of a family member from an incident connected to employment is extremely difficult for surviving family members. The purpose of workers’ compensation is to at least partially alleviate such work-related loss by providing weekly compensation payments and covering burial expenses. Navigating North Carolina’s Worker’s Compensation Act, however, can sometimes feel…
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