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Special workers’ compensation laws for public employees

On Behalf of Christian Ayers
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In most cases, an employee who suffers a work-related injury or illness is entitled to receive workers’ compensation benefits. The benefits include payment for time taken off of work and compensation for medical bills. Essentially, the purpose of workers’ compensation laws is to provide a safety net for employees who…

Workers’ compensation: All fun and games until someone gets hurt

On Behalf of Christian Ayers
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When an employer considers whether to pay a workers’ compensation claim, three factors that come into play are: (1) was the injury or illness work-related?; (2) did it happen during the course of business?; and (3) did the employee contribute to it through some of his or her own behavior…

Does the “dual capacity” theory apply to workers’ compensation?

On Behalf of Christian Ayers
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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?

On Behalf of Christian Ayers
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“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

On Behalf of Christian Ayers
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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?

On Behalf of Christian Ayers
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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

On Behalf of Christian Ayers
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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?

On Behalf of Christian Ayers
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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

On Behalf of Christian Ayers
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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?

On Behalf of Christian Ayers
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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…