North Carolina Workers' Compensation Law Blog

Wal-Mart's unconscionable labor practices have been well-documented on this blog and elsewhere.

Now, a new book "The Retail Revolution: How Wal-Mart Created a Brave New World of Business" by Nelson Lichtenstein "offers the best account yet of the myriad problems that Wal-Mart employees endure, including the elaborate measures the company has taken to avoid paying workers' compensation to employees injured on the job," according to The Big Money.

Lichtenstein's is just one of several recent scholarly examinations of Wal-Mart's rise and the cost of its success. Go here to read a review of several Wal-mart books.

Two books mentioned in the blog are To Serve God and Wal-Mart: The Making of Christian Free Enterprise by Bethany Moreton and Lichtenstein's The Retail Revolution: How Wal-Mart Created a Brave New World of Business.

Posted By Grace Kanoy In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

 

Many injured and disabled workers also will develop depression – creating a double whammy of physical and emotional pain that can prolong recovery and lead to additional health problems.

The stress and financial burdens of being out of work combined with physical pain and the loss of identity that many out-of-work people injured people experience quite often leads to associated depression, according to medical research and our own experience with clients at the Deuterman Law Group. Unfortunately, so-called secondary depression is often under diagnosed, according to a 2005 article in trade journal Risk & Insurance.

 It is important for anyone who is suffering from depression to seek treatment, especially those who have an injury or disability that prevents them from working. Studies have linked pain with depression, and there’s evidence that depression can slow recovery from an injury or illness.

“Depression may increase your response to pain, or at least increase the suffering associated with pain,” according to the Mayo Clinic. “Conversely, chronic pain is stressful and depressing in itself. Sometimes pain and depression create a vicious cycle,”

A 2005 British study revealed that 20 percent to 30 percent of people injured in car accidents or on the job had their recovery impacted by depression and other psychological factors.

In workers’ compensation cases, depression that is the result of a work injury may be compensable. In other instances, depressed individuals may qualify for Social Security Disability.

If a client is experiencing symptoms of depression, it’s important that they are evaluated by a qualified medical professional, who can prescribe a course of treatment that may include therapy, anti-depressants or a combination.

It’s also important that clients share this information with their attorney and paralegal, as this may be important to the case. We may be able to we may be able to offer additional help and referrals to a support groups, community resources and medical professionals who can help our clients deal with these problems and overcome their depression.

Only a qualified medical professional diagnose depression, but the following is a list of symptoms:

• Loss of interest in normal daily activities
• Feeling sad or down
• Feeling hopeless
• Crying spells for no apparent reason
• Problems sleeping
• Trouble focusing or concentrating
• Difficulty making decisions
• Unintentional weight gain or loss
• Irritability
• Restlessness
• Being easily annoyed
• Feeling fatigued or weak
• Feeling worthless
• Loss of interest in sex
• Thoughts of suicide or suicidal behavior
• Unexplained physical problems, such as back pain or headaches

The Mayo Clinic also offers a depression self-assessment tool online.

 

 

Posted By Dan Deuterman In Resources for Injured Workers | Permalink | 0 Comments | | Share Link

The New York Daily News shares the story of Daniel Arrigo, a construction worker who was part of the massive cleanup effort at the Ground Zero, the site of the World Trade Center after the 9/11 terrorist attacks.

Arrigo got sick with a severe lung disease from inhaling vapors and toxic fumes at the cleanup site. He had to stop working in January 2008, but Zurich North America, the insurance company providing workers' compensation coverage for his employer, denied Arrigo's claim.

[Arrigo] called himself a poster boy for thousands of sick 9/11 responders caught between the slow-moving state compensation board and insurance firms that skillfully game the system to fight claims.

In addition to Arrigo's devastating illness, his family suffered incredible financial hardship as a result of his inability to work.

Ill and unemployed, Arrigo also fell behind on his rent. The family was evicted from their Staten Island home and forced to move into two cramped rooms with Arrigo's brother in Long Beach, L.I.

But this is a good news story. Arrigo this week won workers' comp benefits -- $400 a week plus $20,000 in back payments.

 

 

 

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

Palm Beach Post columnist Tom Blackburn, a favorite of ours at the North Carolina Workers' Compensation Law Blog, takes legislators in Florida to task for passing a new workers' compensation reform law that will make it harder for injured workers to get legal representation. The new legislation strengthens a 2003 law that established a "reasonable" fee schedule for attorneys representing injured workers. The new law strikes the word "reasonable."

In his column, Blackburn explains that by setting an unreasonable fee schedule for attorneys who represent injured people in their workers' comp claims, Florida is guaranteeing that more and more deserving people will be denied medical benefits and financial compensation.

When the fee schedule was put in place:

the percentage of claims denied by insurers rose from one-fourth to more than one-third of all claims. The percent of cases in which the injured worker appealed the denial dropped considerably...

After the 2003 law change that made it harder to fight a denial of benefits, the insurance companies began deciding that 35 percent of the employees who get hurt in Florida had only an ouchie when they broke their arm or are trying to turn a hangnail into prostate cancer or are generally malingering.

 

 

 

 

Posted By Dan Deuterman In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

A controversial workers' compensation reform proposal in Florida, which I blogged about last month, has become law -- and that's bad news for injured workers in the Sunshine State.

A 2003 law set extreme caps on the amount attorneys could charge for their work on workers' compensation cases. The Florida Supreme Court struck down that law as unreasonable. But five days ago, Florida Gov. Charlie Crist signed a new law that places similar caps on attorneys fees in workers' compensation cases.

 

Continue Reading Posted By Dan Deuterman In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

One of the most rampant kinds of workers' compensation fraud involves employers misclassifying workers as independent contractors so they can avoid carrying workers' compensation insurance for those employees.

The Salt Lake Tribute reported on a spike in the number of independent contractors with one employer in Utah, which officials say is a sure sign that the so-called contractors have been misclassified.

In the most recent data available, Utah saw a steep one-year jump in the number of independent contractors who have only one employer -- a typical indicator that the worker has been misclassified, Bill Starks, state director of unemployment insurance, said. Two years ago, 200,000 independent contractors reported only to one employer. Last year, the number swelled to 300,000.

Plenty of people are legally classified as independent contractors. These people, often also called W9 employees or freelancers, perform work for a variety of different employers or clients, set their own hours and derive their income from multiple sources.

But many companies assign the "independent contractor" designation to employees. In doing so, they avoid having to pay for costly workers' compensation coverage to these workers though they are legally obligated to provide this protection.

There's a pretty good rule of thumb for knowing a worker's contracting status: If he only works with one company, that business sets his hours and the company's success is tied to the worker's success, the company should probably consider him an employee, not an independent contractor. That means that company needs to issue a W-2 tax form -- and pay taxes, Social Security and unemployment and injury insurance on the employee's behalf, at a cost of about 30 cents more on the dollar.

 

Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Las Vegas Sun Reporter Alexandra Berzon recently won a Pulitzer Prize for her 2008 series about the shocking number of workplace accidents and deaths that occur on construction sites along the city’s famous Strip.

Tourists visit Las Vegas for the gambling and the glitz and glamour, and in recent years, many of the city’s older casinos have been demolished to make way for newer, bigger, glitzier models. And in a city that literally never sleeps, the pressure is on to get these buildings constructed quickly so that the casinos can reopen and start raking in the money.

Because of lax oversight by OSHA and state regulators, negligence at construction sites and safety shortcuts, twelve construction workers died in 18 months. But after Berzon's series, people in power took notice and took action. And the deaths ceased, proving that good public service journalism can make a difference. 

Construction workers had been dying at a rate of one every six weeks in the $32 billion building boom on the Las Vegas Strip. But deaths stopped last year after the Las Vegas Sun exposed serious safety flaws on the sites and detailed how lax oversight by safety regulators failed to prevent accidents.

The stories forced state and federal investigations and became the subject of hearings in the U.S. House and Senate. Sens. Barack Obama, Hillary Clinton, Ted Kennedy, Harry Reid and others sent a letter to President Bush demanding safety reforms in the Labor Department.

As the Sun pursued the story, the newspaper reported on cozy relationships existing between safety regulators and builders. Angered by the revelations and continuing death toll, workers walked off the job at MGM Mirage's CityCenter, shutting down the largest private commercial development in U.S. history until the contractors agreed to safety improvements.

Twelve workers had died in 18 months. But after the improvements, the deaths stopped. No workers have died since June 2008.

You can read the entire Las Vegas Sun series and follow-up stories at the newspaper's Web site, as well as view OSHA inspection documents and see video coverage. If you don't have time to read the entire series -- though I would encourage you to do so -- the blog The Pump Handle has a good summary.

Sadly, many of the tragic deaths that occured on Las Vegas Strip construction sites could have been easily prevented if construction companies had followed safety rules and provided adequate equipment to workers. Unfortunately, this is the case with many workplace injuries and deaths. Often, these "accidents" are easily preventable, but so many times employers fail to follow the rules fail to provide their employees have proper tools and equipment that will keep them safe.

In Las Vegas, for example, many workers died because there were working without safety nets. These nets are supposed to be used every two floors, but in the zeal to finish the casino construction jobs quickly -- and on budget -- some construction companies scrimped on this simple, yet crucial, piece of safety equipment.

They were in essence gambling with their employees lives. And even in a town like Vegas, no one likes those odds.

We're thankful that  the Las Vegas Sun and Alexandra Berzon spotlighted this deadly issue and we congratulate them on a much deserved Pulitzer Prize.

 

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

From Florida, yet another example of why workers' compensation reform that aims to fix a system that isn't broken is a bad idea:

The Florida News Service reports:

A recent study by the Department of Worker's Compensation found litigation has declined since the restrictions imposed in 2003, while the number of denied claims has steadily increased.

This is clearly reform that has come at the expense of injured workers, while benefitting deep-pocketed insurance companies. Now, the Florida big business lobby is pushing for further workers' compensation reform that would cap how much attorneys could earn on workers' comp cases.

As is the case in North Carolina, Florida Workers' Compensation attorneys work on a contingency basis, meaning they don't collect a fee unless they win benefits for the client. That fee is generally a small percentage of the total benefits. Legislators in Florida are considering setting the bar so low -- $1,500 max -- that workers' comp attorneys would lose money representing injured workers.

Who loses if that happens? The attorneys, yes, but injured workers are the real victims. Because they could be earning as little as $8 an hour on workers' comp cases, many attorneys will stop accepting them. And that means that people who deserve compensation and medical benefits won't get them.

House Bill 903 resurrects a 2003 bill that resulted in workers' attorneys being paid as little as $8 per hour, which the Supreme Court ruled last year was unfair to workers.

Rich Templin, spokesman for the AFL-CIO, says workers are suffering from denied claims.

"They're losing their houses; they're losing their families; their losing their ability to provide health care for their kids, and they did nothing wrong. All they did was go to work and get hurt. But, because the insurance company wants to maximize its profit, these people are paying the price."

The proposed Florida workers' compensation reform is an outrage. It would victimize injured workers all over again in the name of cost cutting. Call on Gov. Charlie Crist of Florida to veto the legilsation.

Posted By Dan Deuterman In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

Workers' compensation laws prevent employees from suing their employer over an injury. But in certain instances, injured workers' may be able to sue a responsible third party (http://www.deutermanlaw.com/third-party-torts.asp) for their injuries. For instance a construction working employed by a subcontractor may be able to sue the general contractor on the job if that company's negligence caused or contributed to the injury. In such cases, injured workers are entitled to the full range of damages available to them under the law plus workers' comp benefits from their employer.

In a disturbing ruling, the Texas Supreme Court has effectively taken this right away from injured workers, according to a recent editorial in the Austin American-Statesman. The case in question involved a worker who was severely injured at an Entergy power plant.

"The Entergy case centered on whether the "premises owner" of a large facility, in this case a utility power plant, could get immunity against a lawsuit filed by a contract worker injured on the job simply by declaring itself to be the general contractor and buying workers' compensation coverage for the contractor and actual employer.

In 2001, John Summers, a contract worker for International Maintenance Corp., was seriously injured while working on a plant owned by Entergy, an electric utility that serves Southeast Texas. He began collecting workers' compensation benefits from the insurer, and he sued Entergy, accusing it of providing defective equipment. But Entergy claimed immunity on grounds it had made itself the general contractor and purchased the workers' compensation insurance for the IMC employees."

The Texas case clearly appears to limit injured workers' rights to sue when a party other than their employer is responsible for their injuries. And that is bad news for injured workers in the state. The ruling clearly favors businesses while leaving workers with few legal protections.

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

In what may be one of the most egregious cases of workers' compensation fraud, a California employer created a shell company to avoid workers' compensation premiums for his 1,500 workers.

Last week, Ousama Karawia, the owner of International Protective Services Inc., and two company vice presidents pleaded not guilty to charges that they defrauded the California State Compensation Insurance Fund of $9 million.

The men are accused of going to extreme measures to deceive the state about the number of people employed by the private security firm.

According to an LA Times article:

 

 

The men allegedly created a shell company, International Armored Solutions Inc., to hide the true number of employees at the security firm to avoid paying higher workers’ compensation insurance premiums to the State Compensation Insurance Fund.

Authorities said Karawia told state officials that he employed about 20 workers at the new company and that it was not part of the main security firm. The company failed to pay $9.5 million in workers’ comp premiums for its 1,500 employees, prosecut

 

 

Employer workers' compensation fraud, the most common type of fraud, costs not only injured workers but taxpayers, as well. In the event of an accident, workers' on-the-job injuries may not be covered if their employer doesn't have adequate insurance, as required by law. In those instances, the burden for caring for these hurt and disabled workers falls on taxpayers and social service agencies.

 

Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

A South Carolina newspaper is reporting that workers' compensation claims in that state are down, but the reason may have nothing to do with improvements in on-the-job safety.

Some are speculating that because of the economy, high unemployment and record layoffs that have occured as a result of the recession, some workers may be afraid to report their injuries and claim workers' compensation benefits.

That chilling revelation is likely true for many people. Some workers may  fear that could be fired for reporting a work injury and trying to collect workers' compensation benefits, but the law clearly prohibits such retaliation.

Others may be worried about how they'll make ends meet while out of work and receiving workers'  comp benefits. That's a legitimate concern, as workers' compensation does not cover and injured person's entire salary.

However, failing to report a workplace injury is a bad idea, and it may jeopardize a worker's ability to collect benefits in the future. Workers should report injuries immediately to their employer -- and definitely within 30 days. The employer is required to report injuries to the North Carolina Industrial Commission. 

 

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

A story out of California has us wondering if the state of the economy and the financial difficulties  that many businesses are going through will lead to more workers compensation fraud by employers?

Workers' compensation fraud is most commonly perpetrated by employees -- not by injured workers, as is the common perception. Two common tactics -- misclassifying employees job duties, treating employees as independent contractors or failing to carry workers' compensation insurance, as required by law. Misclassification of job duties helps companies keep their workers' comp insurance premiums lower, but it also means that employees may not be protected if they are injured on the job. Workers' comp fraud has a huge societal cost, as well.

Continue Reading Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

In August 2008, a man entered a McDonald's restaurant in Little Rock, Ark., and started beating a customer, his girlfriend.

Employee Nigel Haskett intervened in the attack, pushing the man out the door and blocked the entrance with his body. That's when the enraged man pulled out a gun and shot 22-year-old Haskett three times. The entire incident was captured on surveillance video.

Continue Reading Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

Today on NPR, they featured the story about Lily Ledbetter, (Ledbetter v. Goodyear Tire & Rubber Co.) and her crusade for equal and fair pay.  Barack Obama will be signing the act into legislation.

As I listened to this story, it reminded me so much of many workers' compensation cases. Lily Ledbetter took early retirement at age 60 because she was reassigned to lift heavy Hummer tires for inspection. Injured workers are often squeezed out of the company by being reassigned employment that they physically cannot do.

Normally, we are pursuing the insurance company to compensate our clients according to the law, but here we have a direct suit against the company. It is appalling to see in this day and age, that such discriminatory practices still exist and that Goodyear appealed the lower courts decision.

There were 16 other male supervisors, and she was the only woman. Lily Ledbetter worked for 19 years as a supervisor and was paid $6,000 less than the newest supervisor.

In 2007, in the Supreme Court, she lost by a decision of 5 to 4.

There seems to be numerous articles about the new law being a boon for trial lawyers. And it's interesting yet again, that instead of looking at the real issue, which is discrimination that some people feel that it's the trial lawyers fault. 

When companies behave unethically, it's the company's fault not the trial lawyer.

 

Posted By Grace Kanoy In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

Just got a tweet about the rise of workplace deaths in North Carolina after three years of consistent decline. We've also noticed a rise in the number of workers' compensation calls at the office as well. I'd like to monitor this more to see whether or not the current conditions in our economy are magniftying these circumstances.

Posted By Grace Kanoy In WorkPlace Deaths | Permalink | 0 Comments | | Share Link

A recent survey of baby boomers by Americas Health Insurance Plans revealed that most people do not understand what their benefits would be if they became injured or disabled and began collecting workers' compensation or Social Security Disability benefits.

Those surveyed overestimated the benefit amount and underestimated the wait time to receive Social Security Disability benefits, a system that is incredibly backlogged.

.

Continue Reading Posted By Grace Kanoy In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

There are a lot of articles and statistics about workplace injuries and workplace deaths. But sometimes these stories are so focused on facts and figures that they miss the human element --behind every statistic there's a person who was hurt on the job and whose life will never be the same because of it.

Author Lisa Cullen tells those stories in her book, "A Job to Die For: Why So Many Americans Are Killed, Injured Or Made Ill At Work And What To Do About It ."

Each year, the workplace extends into nearby communities to claim the lives of 218 bystanders and injure another 68,000.

 7.1 percent of workers are injured or made ill on the job. Every year.

The cost of this carnage and disease tops $155.5 billion annually; five times the cost of AIDS, three times the costs for Alzheimer's, and nearly as much as cancer.

The book is a great reminder of what someone who is hurt at work goes through.

I encourage you to pick up a copy, and you may also want to listen in on an interview Cullen gave on Labor Day about workplace injuries.

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

Interesting YouTube discussion involving Leonard Jernigan, Jr., a fellow workers' compensation attorney in North Carolina and chairman of the fraud task force of the Workers' Injury Law and Advocacy Group (WILG).

The next time someone tells you they think most people who are collecting workers' compensation are cheating the system, direct them to this video. It might not be as dramatic as a report by John Stossel, but at least it's accurate.

Click here to see the video on workers' compensation fraud.

Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

As an attorney who represents injured workers, I get so upset by the widespread public perception that most people who are collecting workers' compensation are "faking it" and somehow defrauding the system.

I know that's simply not true. The overwhelming majority of people who apply for workers' compensation benefits are injured and unable to work because of those injuries. But the media and the insurance companies have done a great job conducting smear campaigns that cast injured workers in a bad light. They've subverted the facts with anecdotes and a few damning videos and created the impression that workers' compensation fraud by employees is rampant. But in reality, only about 1 percent of all workers' compensatioin claims are found to be fraudulent.

However, fraud by employers and insurers is much more prevalent and costs billions of dollars annually. There's a human cost, too. Injured workers who are the victims of workers' compensation fraud often are unable to collect benefits that would make their lives easier and help them get the treatment they need.

Leonard Jernigan Jr., a fellow workers' comp attorney in North Carolna and the chairman of the fraud task force for the Workers Injury Law and Advocacy Group (WILG) has an interesting article in Workers First Watch about the prevalence -- and cost -- of employer and insurance fraud. In it, he provides the straight scoop on workers' compensation fraud.

Continue Reading Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Getting injured on the job has a costly ripple effect that hurts the worker and the employer's bottom
line. It means lost work time, workers' compensation expenses and other hefty bills.

Not all injuries can be prevented, of course. But there are some pretty easy ways to stop painful and serious injuries in the construction industry, which has more than its fair share of job-related injuries.

Continue Reading Posted By Dan Deuterman In Resources for Injured Workers | Permalink | 0 Comments | | Share Link

After suffering from pain for weeks or months after an injury from a car or a work-related accident, many people look forward to the relief from pain that back surgery will provide. Being able to return to normal, everyday activities, such as lifting a box, driving a car, or sitting or standing for long periods of time, without pain is the goal of most back surgery.

However, many people are surprised that post-surgery, the pain doesn’t subside as quickly as they would like and that the return back to normal life doesn’t happen automatically.

Continue Reading Posted By Grace Kanoy In Back Injuries | Permalink | 0 Comments | | Share Link

Honest workers can sometimes fall prey to dishonest bosses trying to cheat the workers' compensation system, leaving employees vulnerable and without benefits when they're injured on the job.

That's what's happening in New York, where some people working as contractors were charged with cheating the system byforging workers' compensation insurance benefits. At the same time, they were failing to provide insurance coverage for their workers who were injured.

Continue Reading Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

In our last installment of the Deuterman Law Group's Back Health blog series, we highlighted some of the commonsurgeries for treating back injuries. Those included laminectomy, discectomy and IDET.

Today, we take up where we left off with a discussion of other surgical treatments for back pain, namely spinal fusion, artifical disc replacement and radio frequency ablation.

Continue Reading Posted By Grace Kanoy In Back Injuries | Permalink | 0 Comments | | Share Link

Injured people deserve fair and just compensation, especially if their injuries prevent them from working. Unfortunately, not everyone plays by the rules.

Willard Leech of Bellingham, Wash., learned that the hard way. He got jail time for illegally collecting workers' compensation for a low-back injury that supposedly prevented him from working.

 

Continue Reading Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

While many back injuries can be treated with rest, physical therapy and/or anti-inflammatory medication, some injuries are best treated with back surgery.

The prospect of back surgery can be frightening and confusing, to be sure. Surgery and other treatments may involve risks and complications and require extended recovery time. In this installment of the Deuterman Law Group’s Back Health blog, we hope to alleviate some of those concerns by explaining what happens in the various back surgery procedures.

If you’re wondering what you’ll experience during and after your surgery, be sure to educate yourself by talking with your doctor, ask lots of questions and consult other resources, such as the Web sites we refer to in this blog entry.

Remember, thousands of people undergo back surgery each year, and advancements in the field of back health now provide a range of treatment options including inpatient surgery and outpatient procedures.

We’ll explain a few here:
Continue Reading Posted By Grace Kanoy In Back Injuries | Permalink | 0 Comments | | Share Link

Injured workers seeking compensation can breathe a little easier, at least in Ohio.

We’ve followed other workers' compensation stories out of Ohio and this one is significant because the Ohio Supreme reversed an earlier decision.

The court ruled that a teenaged KFC worker who suffered severe injuries after violating workplace rules is nonetheless entitled to workers' compensation.

Continue Reading Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

They've been called Crackberries and for good reason.

People who own BlackBerry devices can't seem to put them down. They're constantly typing and texting friends, family, the office. But handy devices such as the BlackBerry, Sidekicks, and Treos that make our hectic lives more manageable are wreaking havoc on our thumbs.

 

Continue Reading Posted By Dan Deuterman In Resources for Injured Workers | Permalink | 0 Comments | | Share Link

Oh my aching back!

I don’t know a single person who hasn’t uttered that phrase at some point in life.

So you know that a back injury can be extremely painful. It can happen – snap your fingers – just like that. And when you injure your back, it can stop you in your tracks – prevent you from working, limit your movements, make sleep difficult, make walking difficult, make surviving daily life difficult.

In the first installment of the Deuterman Law Group’s Back Health series, we talked about the anatomy of the spine and the types of pain you might experience as the result of a back injury.

Today, we’re focusing on the most common types of back injuries -- sprains, soft-tissue injuries, bulging discs and herniated discs – and the typical course of treatment for each.

Continue Reading Posted By Grace Kanoy In Back Injuries | Permalink | 1 Comments | | Share Link

It’s a classic case of no good deed goes unpunished.

A Bakersfield, Calif., school worker who hurt his shoulder while helping police capture a suspect at a nearby school had his workers' compensation claim rejected.



Continue Reading Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Workers of different ages, jobs and backgrounds can suffer from the effects of injuries in extremely different ways, right?

However, South Carolina’s governor Mark Sanford doesn’t see any difference in say, how an 18-year old, with a lifetime of future earnings ahead of him suffers as compared to a 65-year-old nearing the end of his career. He recently signed an order that will apply the same standards across the board when awarding workers' compensation disability payments. He also decreed future earnings should not be a factor when awarding payments.

This represents workers' compensation reform at its worst.

 

Continue Reading Posted By Dan Deuterman In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

Many people throughout their lives will suffer from back pain, resulting from a variety of causes and injuries.

Understanding the medical terminology doctors use in diagnosing and treating the causes of back pain can be confusing. While its always your right to ask your doctor for clarification, some patients may not feel comfortable asking a busy physician to take more time to explain things in simpler terms.

This series of blogs, entitled Back Health, is designed for injured people seeking more information about common back injuries, including symptoms and treatments. And we've attempted to explain things in simple terms, so you won't need a medical degree to understand what's going on with your back.

Read on for the first installment in our Back Health Series. This one focuses on the anatomy of the spine.

Please remember, this information is for educational purposes only. If you are suffering from back pain, please consult a doctor. Do not try to treat yourself.

Continue Reading Posted By Grace Kanoy In Back Injuries | Permalink | 0 Comments | | Share Link

For any state considering workers' compensation reform, California should be a cautionary tale.

After his election, Governor "Arnold" began working to reform the state's WC system, promising that changes would save businesses millions, if not billions, in reduced premiums. But years later, those savings still have not been realized, and the reforms have been devastating for injured workers. The only winners from workers' comp reform in California? The insurance companies.

Recently, an injured worker who had been falsely accused of workers' compensation fraud after filing a claim received some measure of justice.

 

Continue Reading Posted By Dan Deuterman In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Undocumented workers have an enormous impact on the U.S. economy, as these statistics from the Center for American Progress illustrate:

• There are an estimated 7.2 million undocumented immigrants (out of some 12 million undocumented immigrants) who work in the United States. That's 4.9 percent of the civilian labor force.
• Undocumented workers contribute an estimated $7 billion per year to the Social Security Trust Fund through payroll taxes paid on Individual Taxpayer Identification Numbers and fraudulent Social Security numbers.
• The United States would face a shortfall of 2.5 million low-skill workers if undocumented workers were removed from the labor force.

Posted By Dan Deuterman In Undocumented Workers | Permalink | 0 Comments | | Share Link

An initiative to repeal most of the workers' compensation reforms enacted over three years in California has gotten the go-ahead to begin collecting signatures. The initiative, led by worker’s compensation plaintiff attorney William Morris, needs 433,971 signatures by Sept. 10 to be put on a statewide ballot next year.

Continue Reading Posted By Dan Deuterman In Workers' Compensation Reform | Permalink | 1 Comments | | Share Link

June Walker, a tax and financial consultant for the self-employed, blogs about the difference between employees and independent contractors -- an important distinction where workers' compensation is concerned.

Continue Reading Posted By Benjamin Burnside In Workers Compensation Cases | Permalink | 4 Comments | | Share Link

The Illinois state government is investigating whether some Illinois construction companies are deliberately misclassifying workers as independent contractors instead of employees.  The  companies are allegedly boosting their profits by failing to withhold taxes and, more seriously, by shirking their responsibility to carry workers compensation coverage.  Employees of these allegedly unscrupulous companies without workers' compensation insurance who are unlucky enough to be injured on the job are the ones who ultimately have to pay for these ill-begotten profits.

This is another example of how employers continue to run roughshod over the workers' comp system, while workers' compensation insurance companies spend billions to convince the public that the blame for rising costs lies on worker malfeasance.

Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

A recent South Carolina state audit report recommends phasing out part of that state’s workers’ compensation system.  

Business leaders and lawmakers in South Carolina are using this audit to support their argument that the states workers’ compensation insurance premiums are too high. They argue the high premiums are keeping new businesses away.

Sound familiar? Similar arguments were bandied about when the N.C. legislature was considering reforming this state’s workers’ compensation system.  Part of the problem with this view of workers' comp. systems is that it is almost always one-sided.  Business interests have enormous amounts of money to spend on lobbying lawmakers and putting intense pressure to cut costs for business.  Injured workers, on the other hand, generally do not have the resources to effectively advocate in the legislative arena.  What is too often hidden in this debate is the devastating effects that cutting workers' comp. benefits have on the lives of real people. 

The South Carolina legislature is looking to overhaul the state’s WC system as a whole, and this usually means trouble for injured workers.  We’ll keep a close eye on what our neighbors to the south are doing and keep you updated.

  

Posted By Benjamin Burnside In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

Today we’re highlighting another case of alleged workers’ compensation fraud committed by an employer, this time in Riverside, Calif..

The owners of  Banning Construction Company (also known as TF Ventures and All Service, Inc),  are charged with an on-going scheme dating back to 2001 to defraud the state.

Carter Lee Pendergrass, 56, his son Joshua, 25, and their business associates, Timothy Cassidy and his wife, Karen, both 51, are each facing dozens of counts of insurance fraud, money laundering and filing false income tax statements, according to court documents. The charges involve collected losses over $6 million which include unpaid payroll taxes and lost money on insurance premiums.

 

Continue Reading Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Found an interesting article on the Hispanic Trending, Latino Marketing & Advertising Blog on the key to understanding the Latino worker to improve communication and productivity at work.

Although a diverse group, Latino culture shares a lot of the same values including unquestioning respect and deference to authority figures such as work supervisors, foremen, business owners and they like, and they won’t disagree or question a person in authority. Latinos, generally, trust mostly family, extended family members and other Latinos and are likely to not trust employers, especially if they are non-Latino. They don’t want to rock the boat and many fear deportation so the potential for underreporting safety issues, injuries and other problems at the workplace is huge.

Distressingly, the blog also reports that fatalities among Latinos have increased 67 percent between 1992 and 2001. Even worse, these grim statistics may underestimate the problem because of underreporting when illegal immigrants are involved.

Indeed, cultural differences and fears of deportation are likely keeping many Latinos from reporting injuries that happen on the job and claiming workers’ compensation benefits that are due them.

I think it’s important to once again emphasize that under the law undocumented workers are entitled to the same benefits if they are injured or killed on the job.

For the full story:

HispanicTrending - http://juantornoe.blogs.com/hispanictrending/

Posted By Dan Deuterman In Undocumented Workers | Permalink | 0 Comments | | Share Link

The bloggers over at Tort DeForm, The Civil Justice Defense Blog, are tackling workers’ comp in their Mythbusters series.

They argue that workers’ compensation laws are inherently ineffective and overly bureaucratic. The rising costs of workers’ compensation benefits are negatively affecting employers while an adversarial system is penalizing employees, placing most of the burden of proof on them for the claim.

The full thrust of the article is that neither employees or their employers are benefiting or being protected by the workers’ compensation system.

The blog also weighs in on workers’ comp fraud, specifically “the fraud of worker fraud.”

According to Tort DeForm,

“In the early 1990’s, insurers and businesses began a misleading media campaign focusing on employee fraud, even though only a tiny percentage of workers – one to two percent – engaged in it. Despite its lack of substance, the campaign caused rights and benefits to be cut in many states, and created an unfair stigma for injured workers.”

Glad to know that other bloggers out there are talking about this deception.

For more on Tort DeForm’s take on WC, visit the blog.

 

Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

We recently sent out letters to our clients urging them to call their Congressman and Senator to reject the bill SB901 aka "the Premium Increase Act of 2007" which is working it's way through the NC State Assembly.  We have received numerous calls to our office from clients who needed a clearer explanation of what this bill implies.

I found this article, Insurance rates not high enough? in the Wilmington Star online that explains the implications of this bill quite clearly. Please read it, and tell everyone you know to call their local Congressman and Senator to vote against it.

 

Posted By Dan Deuterman In Insurance Practices , News , Workers' Compensation Reform | Permalink | 0 Comments | | Share Link

The Small Business Blog offers some good advice on how employers can cut their workers' compensation insurance costs without eroding benefits.

Among the options:

1. Prevent workplace injuries and illnesses through employee training and reviews of high-risk areas.
2. Shop around for the best insurance policy.
3. Consider self-insurance..

Visit the blog for more on each topic.

Posted By Grace Kanoy In Insurance Practices , Workers Compensation Cases | Permalink | 0 Comments | | Share Link

An alarming Federal District Court decision from New Jersey:

A group of wokers who sought workers' compensation benefits after their factory closed were ordered to pay more than $2.2 million to their former employer.

The company levied racketeering charges against the employees and accused them of conspiring to defraud the company by making false injury claims.  The saddest part is that the workers, in part because they may not have understood what was happening, did not contest the lawsuit.  And so, without any contested hearing on the merits of the case, U.S. District Judge Stanley Chesler signed a default judment against the workers. 

Judge Chesler ordered the employees to repay the company's attorney fees, costs, compensatory damages and even workers' compensation awards that had been paid to two former factory workers.

The judgment is alarming, not least because it is a default judgment and the viewpoints and positions of the workers were not heard.  I've got to agree with others workers' rights attorneys who told the Star-Ledger newspaper in New Jersey that the case "signals a 'frightening precedent' that can be used to quell legitimate employee injury claims" and may make attorneys hesitant to take on workers' cases.

The Michigan-based company involved had 12.8 billion in sales last year, and obviously had plenty of money to hire competent attorneys to bring this federal case.  The workers, many of whom had salaries of $16,000 or $17,000 a year, would probably have had trouble paying attorneys to defend them, had they realized the necessity of responding to the suit. 

Read more about the case here.   

Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

From CarolinaNewswire.com:

"Builders Mutual Insurance Company, a leading regional insurance provider to the home building industry, announced today that the company will distribute $2.8 million in dividends back to eligible workers' compensation policyholders in late spring as a result of lower than expected workers' compensation claims.

Since Builders Mutual was first founded in 1984, the company has returned a dividend to policyholders in 18 out of 22 years. To be eligible for a return, workers' compensation policyholders must have a favorable loss experience. "

To read the entire article, click here.

Posted By Dan Deuterman In News , Workers Compensation Cases | Permalink | 0 Comments | | Share Link

A man from El Salvador, who had legal permission to work in the United States, was killed last week after falling to his death on a construction job, according to a report in the Tooele Transcript Bulletin.

Francisco Antonio Alaman-Renderoz, 45, fell to his death while putting in a fireplace wall during construction of a private cabin. According to OSHA regulations, construction workers should use a harness, safety line or railing f they're working at heights over six feet.  Alaman-Renderoz, who was working 25 to 35 feet off the ground , was not wearing any kind of safety equipment when he fell.

This tragic story illustrates the danger that many Hispanic workers face every day when the go to work. Hispanics hold a quarter of all construction jobs, according to the Pew Hispanic Center and that puts them at high risk for on-the-job injuries and even death.

Continue Reading Posted By Dan Deuterman In Undocumented Workers | Permalink | 0 Comments | | Share Link

In Georgia, the family of a Mexican construction worker who was killed on the job are suing for workers' compensation benefits.

 

Evaristo Enrique Chimal Librado, 43, was killed when a house he was helping to build collapsed on him. He was an undocumented worker from Mexico.

 

By Georgia law, a maximum workers’ compensation award would provide Librado's family with the greater of two-thirds of Librado’s salary for 400 weeks, or $125,000, according to an article at MainStreetNews.com. It would also provide a $7,500 death benefit.

 

Even though Librado wasn't in this country legally, he should still be entitled to workers' compensation benefits. But this case is complicated by the fact that Librado worked for a subcontractor. Attorneys for his family are still trying to sort out who his direct employer was and therefore which company is legally responsible for his injuries.

Posted By Dan Deuterman In Undocumented Workers | Permalink | 0 Comments | | Share Link

Dr. Nortin Hadler, a professor of medicine and microbiology/immunology at the University of North Carolina at Chapel Hill, writes an interesting commentary at ABC News about how disability compensation is calculated.

He raises some tough questions, the most compelling of which is "What are you worth?"

The answer to that question is at the crux of most workers' compensation and Social Security disability claims.

 

Posted By Dan Deuterman In Social Security Disability , Workers Compensation Cases | Permalink | 0 Comments | | Share Link

We've written here before about how unscrupulous employers commit more workers' compensation fraud than do greedy employees.

Here's a story about one such case in New Mexico. The owners of a roofing company are charged with providing a bogus documents that said they carried workers' compensation coverage for their business when they really didn't.

Posted By Benjamin Burnside In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Associated Press reporter Andrew Welsh-Huggins writes about his experiences with a back injury and his successful -- though lengthy -- recovery.

It's an interesting article that shows just how debilitating back injuries can be. The writer, a distance runner, outlines his long recovery and also highlights some of the realities of back injuries:

• The most common type of pain reported by adults in the United States, with more than one in four reporting some back pain lasting at least a day in the past three months. Eight of every 10 people in the United States will suffer from lower back pain at one point in their lives.
• The most common reason injured workers file for workers’ compensation claims, accounting for about one in every five U.S. claims for workers’ compensation.
• The leading cause of disability in the United States military.
• The leading cause of disability in people under age 45 and the third-leading cause in people older than that, after cancer and heart problems. One study found that two of every three people aged 20 to 60 reported some type of spinal pain in a given year.
• The leading cause of missed work time or doctor’s visits after headaches and cold symptoms.

Posted By Dan Deuterman In Back Injuries | Permalink | 0 Comments | | Share Link

Workers' compensation for undocumented workers is a hot button issue right now.

Stats show that Latino workers are injured on the job at a disproportionate rate.

The real tragedy occurs when an undocumented worker is injured. Many employers try to deny these employees workers' compensation benefits, and they're often successful in doing so.

According to an article from McClatchy Newspapers:

"In one national study, university researchers surveyed 2,660 day laborers, most of them working illegally. One in five said he'd suffered a work injury. Among those who were hurt in the last year, 54 percent said they didn't receive the medical care they needed, and only 6 percent got workers' comp benefits."

But the law is clear.  Undocumented workers, even if they are working in the U.S. illegally are entitled to workers' compensation benefits -- lost wages and medical treatment.

From the same article:

"Employers in at least 20 states, arguing that their employees shouldn't receive injury benefits because they're illegal immigrants, have fought and lost in courts and review boards. Among those employees were a California laborer who hurt his back lifting sacks of coffee, an Arizona auto mechanic who was hit in the eye by flying debris, a Maryland carpenter who cut his hand on a saw, and a North Carolina construction worker who suffered a brain injury when he fell 30 feet onto a concrete floor."

I encourage you to read the entire McClatchy article to learn more about how some workers are being denied benefits to which they are lawfully entitled.

Posted By Dan Deuterman In Undocumented Workers , Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

Senate Democrat Leader John C. Lander III of the South Carolina talks about the shocking freedom that insurance companies have in establishing their premium rates for workers' compensation.  How is it possible that they have gotten away with this gross advantage?

More examples of how the insurance companies have distorted public perception of workers' compensation fraud.

http://scsenatedems.blogspot.com/2007/03/workers-compensation-makes-insurance.html

Posted By Grace Kanoy In Insurance Practices , Workers Compensation Fraud | Permalink | 1 Comments | | Share Link

An article in the Atlanta Constitution talks about the growing numbers of Hispanic workers suffering disabling injuries. 

Read http://www.ajc.com/metro/content/metro/atlanta/stories/2007/02/24/0225metinjury.html 

Posted By Dan Deuterman In Undocumented Workers | Permalink | 0 Comments | | Share Link

The issues regarding Immigration reform has brought media attention to the plight of undocumented workers and their work conditions. As a result, more and more articles are exposing the unfair treatment and work conditions that undocumented workers are subjected to. 

We have created a new category , "Undocumented workers and Workers' Compensation" and hope to compile more stories and comments about this emerging issue. 

In the past, we have rarely seen WC claims filed by hispanic workers. The number one reason preventing this is fear of deportation of not only themselves, but also their families. We hope that further discussion and exposure will give people confidence to come forth.

In North Carolina, undocumented workers are entitled to workers' compensation.  Many people are unaware of this including insurance adjusters who wrongly deny claims because they feel undocumented workers should not be entitled to such a benefit. 

Posted By Dan Deuterman In News , Undocumented Workers | Permalink | 0 Comments | | Share Link

A new study  by the Fiscal Policy Institute (FPI) illustrates just how costly employer workers’ compensation fraud can be.

In New York state, the cost is a staggering $1 billion every year – the result of companies that either don’t pay their workers compensation insurance premiums or underpay because they lie about the size of their work force. Honest companies end up paying higher premiums as a result, and injured workers are forced to go without the workers' compensation benefits that they are entitled to.

This study further supports my point that workers comp fraud is much more prevalent among employers than among workers, and it is clearly more of a financial drain on the system.  The basis of the workers' compensation system is a compromise between employers and employees - employees forgo their traditional tort remedies in order to obtain a swift recovery, and employers are assured capped damages but are liable for work related injuries regardless of negligence.  When employers perpetrate fraud on the workers' comp. system, which they do in far greater numbers than employees, the bargain is eroded.   

You can read more about the study in the New York Times (registration may be required) and in this press release from The New York State Public Employees Federation, which is urging reform and a crackdown on employer workers’ compensation fraud.

To read the full FPI report, click here

Continue Reading Posted By Benjamin Burnside In News , Workers Compensation Fraud | Permalink | 1 Comments | | Share Link

This PBS frontline article offers some good stats on wc fraud and supporting references. The same Dateline television show referred to in an earlier blog about WC fraud is referred to in the PBS frontline investigation.

See www.pbs.org/wgbh/pages/frontline/shows/workplace/etc/fraud.html

 

Posted By Grace Kanoy In Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

A supposedly injured worker is caught on hidden-camera video doing strenuous work in his backyard.

Footage such as this, shown on NBC’s Dateline, makes for compelling television news. But it also perpetuates the myth that workers’ compensation fraud is rampant.

But it’s not.

Continue Reading Posted By Benjamin Burnside In For Attorneys , Workers Compensation Fraud | Permalink | 0 Comments | | Share Link

The case of Clark v. Wal-Mart has received quite a bit of press. What is so significant about this case?

Essentially, the NC Supreme Court ruling in Sandra Clark's case allow employers to accept liability on a form 60 or 63, without necessarily accepting responsibility for ongoing disability. The Supreme Court decided that the form agreements were simply admissions of compensability, not disability. So, anytime there is a dispute about disability, the employee must come to court and prove that he/she continues to be disabled, i.e. by Dr. testimony and prove that they cannot find a job because of the disability, even if they are still receiving temporaty total disability under a form agreement.

I would say from our standpoint that Clark v. Wal-Mart case has increased litigation and the number of hearings. It will be interesting to observe the rise in litigation especially since this ruling is not even a year old.

Posted By Dan Deuterman In Workers Compensation Cases | Permalink | 0 Comments | | Share Link

Found a useful article in the MayoClinic.com site called "Back pain at work: Strategies to prevent aches, pains and injuries". The page also has links to other related back pain topics that may be of use.

Posted By Grace Kanoy In Back Injuries | Permalink | 0 Comments | | Share Link

(Greensboro, N.C., July 12, 2006) - Ending an eight-year legal battle that went all the way to the N.C. Supreme Court, the N.C. Industrial Commission has ruled that an elderly Winston-Salem woman who was hurt while working at Wal-Mart is entitled to lifelong disability benefits and medical treatment for her injuries.

Sandra Clark of Winston-Salem began working as a Wal-Mart greeter in July 1998. A few days before Christmas 1998, Clark was asked to stand on a 10-foot ladder and move a decorative sled that was above her head. Clark, who has osteoporosis and was under doctor's orders to avoid heavy lifting, felt a sharp pain in her lower back after moving the sled and was diagnosed with two fractured vertebrae, an injury that prevented her from working.

Clark's employer initially began paying workers' compensation benefits. But in 2000, Wal-Mart applied to the N.C. Industrial Commission to stop payments to Clark, arguing that Clark and her attorneys had the burden of proving that Clark was entitled to continuing disability payments.

Continue Reading Posted By Grace Kanoy In News , Workers Compensation Cases | Permalink | 2 Comments | | Share Link

Kids' Chance first came to be in 1988 because of the initiative taken by the Workers' Compensation section of the Georgia Bar. Jeff Kight one of the earliest recipients, who is now an attorney, talks to radio host Attorney Alan Pierce on Workers Comp Matters about how Kids' Chance helped him attend college.

Posted By Grace Kanoy In Resources for Injured Workers | Permalink | 0 Comments | | Share Link

Like us, you know how deeply family members can be affected by a workplace injuries, both financially and emotionally. The impact of such injuries is long lasting. A family's struggles and challenges don't disappear once we obtain a verdict or a settlement or payment of their medical expenses.

They persist.

But at least there's help out there from groups like Kids' Chance of North Carolina, a scholarship program meant to help the children who become unwitting casualties of workplace injuries.

Kids' Chance of North Carolina scholarships are available to any student between the ages 16 and 25 whose parent's on-the-job injury or death resulted in a substantial decline in family income.

Scholarships in the amount of $4,500 annually may be used to pay for high school, technical school or college tuition, books, housing, meals or transportation. Another goal of Kids' Chance is to prevent students from dropping out of school. So scholarship recipients may also use the money to contribute to the family income.

For more information about Kids' Chance of North Carolina, visit www.kidschancenc.org. Scholarship applications are available from Deuterman Law Group by calling 373-1130 or online at www.deutermanlaw.com.

Posted By Grace Kanoy In Resources for Injured Workers | Permalink | 0 Comments | | Share Link

Check out Lorraine Ahearn's column from Sunday's News & Record about Kids' Chance of North Carolina.

The organization, which Deuterman Law Group supports financially and in other ways, provides scholarships to high school and college students who had a parent killed or catastrophically injured on the job.

Next month, we'll begin selling cookbooks to benefit Kids' Chance at our offices. They're just $10.

And if you know of a student who might be eligible for a scholarship, we have applications. Just visit our Web site or email our PR person at amyjoyn@bellsouth.net and she'll send you the details.

Posted By Grace Kanoy In News , Resources for Injured Workers | Permalink | 0 Comments | | Share Link

For a list of frequently asked questions, check out the Deuterman Law Group's recently updated FAQ for WC and Social Security Disability.
http://www.deutermanlaw.com/faqs/

Posted By Grace Kanoy In Social Security Disability FAQ , Workers' Compensation FAQ | Permalink | 0 Comments | | Share Link

One of our paralegals recently found this wonderful resource for our clients, Angel Food Ministries. This is a program that is sponsored by the federal government and many local churches in our area. The basic concept is there is a monthly menu that consists of many items such as meat, pasta, veggies, eggs, and so on. The price for the items is $25.00. It is a wonderful deal for the amount of food that is included. You can also purchase additional specials as well. Food stamps and cash are accepted. The $25 worth of food should feed a family of 4 for one week or a senior citizen for one month.

Posted By Grace Kanoy In Resources for Injured Workers | Permalink | 2 Comments | | Share Link

The N. C. Academy of Trial Lawyers has ended its longtime relationship with its offical bank over the issue of workers' compensation reform.

The Academy, whose membership includes more than 4,000 attorneys dedicated to protecting individual rights in North Carolina, instead has chosen SunTrust as its official bank.

Insurance lobbying groups and big companies, including Duke Energy, Progress Energy and Bank of America, are the major backers of an effort to change the state's Workers' Compensation Act in ways that would severely compromise workers' rights.

Among other things, these groups and corporations supported legislation that would have imposed a 500-week (or approximately 10-year) limit on workers' compensation benefits. Under their plan, workers who are older than 60 could only collect benefits for 260 weeks - or about five years - no matter how debilitating or severe their injuries.

Their efforts are aimed at saving big businesses money at the expense of taxpayers. They seek to transfer the cost of caring for injured workers to taxpayers and the already overburdened federal Social Security system.

Continue Reading Posted By Grace Kanoy In News , Workers' Compensation Reform | Permalink | | Share Link

As you know, in the summer of 2005 Senator David Hoyle sponsored the S984 bill for WC reform. The bill is backed by heavyweights such as Duke Energy, Progress Energy and Bank of America. The NCATL (North Carolino Association of Trial Lawyers) and other organizations rallied and continue to rally against it. It is exciting to also find out that within the companies that backed the bill, efforts are being made to keep people informed and proactive. The following article was taken from the Employee Advocate, a newsletter for Duke employees:

Continue Reading Posted By Grace Kanoy In Workers' Compensation Reform | Permalink | 0 Comments | | Share Link