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A workplace injury can be painful and challenging to overcome, but it can also leave you facing significant financial challenges. While the workers’ compensation process might provide you with some relief, there’s no guarantee that you’ll recover the compensation that you need if you pursue a claim. Commonly made mistakes during the workers’ compensation claim process Sadly, many injured workers are denied the benefits they deserve because they make easily avoidable mistakes. You don’t want that to happen to you, which is why as you proceed with your claim, you’ll want to be cognizant of these common pitfalls: Failing to report your injuries to your employer within the timeframe specified by law. Neglecting to seek immediate medical treatment. This gives your employer and their insurance company room to argue that your injuries aren’t severe or that your harm was suffered outside of work. Refusing to seek recommended follow-up care, which, again, could give the perception that your injuries aren’t as significant as you claim them to be. Procrastinating in the filing of a claim. This could result in you missing your filing deadline. Falsifying symptoms as a way to buttress your claim. Getting caught acting in a way that doesn’t correspond to your accident injuries. Agreeing with your employer that you’re better off seeking coverage through your own insurance company rather than pursuing a workers’ compensation claim. Providing insufficient details about your workplace accident and your injuries to your doctor. Don’t derail your claim by making an avoidable mistake As you can see, there are a lot of ways that you can slip up when pursuing your workers’ compensation case. If you want to protect your interests throughout the process, act swiftly, but carefully.

As a form of insurance, workers’ compensation is quite comprehensive. It covers expenses related to an employee’s work-related injuries. It also pays for any lost wages and even provides benefits to the employee’s dependents if the injury leads to death. But what happens if an injured employee already receiving compensation for a prior work-related injury suddenly dies? What happens to the rest of their unpaid benefits? If another work-related accident caused the death, is it compensable by workers’ compensation? The unpaid balance gets paid Per North Carolina statutes, the employer or insurer must pay for the unpaid balance if an employee receiving workers’ compensation dies from a cause other than the injury they applied for. This can apply to cases where the employee dies outside work, such as in a motor vehicle accident. The payments will first go to the employee’s surviving whole dependents (those who rely entirely on the employee for support), then partial dependents (those with means of support apart from the employee). If there are no dependents, the balance goes to the employee’s personal representative. Death from another compensable injury If the injured employee dies due to another compensable work-related accident, all right to unpaid compensation for the previous injury stops. Instead, the employee’s dependents will be compensated based on the latest injury. This means the employee’s dependents will receive weekly compensation payments equal to 66 2/3% of the deceased employee’s average weekly wages. They’re also eligible for coverage for burial expenses up to $10,000. Fatal workplace accidents are heartbreaking. The last thing a deceased employee’s dependents need is an unceremonious stop to benefits payments. If an employer or insurer decides to abruptly end paying benefits to a dead employee’s surviving kin, the dependents should consider legal counsel.

Construction work is back-breaking work – both figuratively and literally speaking. Construction workers often must lift heavy objects as part of their jobs and occasionally find themselves in awkward positions, and both can lead to lower back pain. There are various ways to treat lower back pain. Potential treatment methods include physical therapy and drugs such as pain relievers, muscle relaxants, antidepressants and narcotics. But another alternative option that could help those suffering from acute back pain is chiropractic treatment. What does chiropractic treatment entail, and will workers’ compensation cover the costs? What is chiropractic care? Chiropractors treat musculoskeletal pains such as back pain through manipulation of the spine. The professionals use controlled and sudden force on a spinal joint or muscles to help reduce pain and release tension. Chiropractic treatment is so popular that 35% of the 22 million Americans see a chiropractor each year specifically for their lower back pain. Apart from back pain, chiropractors can also help relieve neck pain, headaches, osteoarthritis and fibromyalgia symptoms. Notably, chiropractors aren’t doctors but must still pass a chiropractic college to practice as one. Can workers’ compensation cover chiropractic treatment? North Carolina has provisions allowing employers to offer chiropractic treatment for their employees through workers’ compensation. However, there are restrictions. By state rules, an employee is only allowed 20 chiropractor visits if they’re medically necessary. If the employee needs more, their chiropractor can request more treatment sessions from the employer. The employer also has the final say on what kind of medical treatment an employee with a workers’ compensation claim will receive. So, suppose an employee wants to have their lower back pain treated by a chiropractor instead of the medical professional chosen by their employer. In that case, they must petition the North Carolina Industrial Commission.

Suffering a traumatic brain injury (TBI) represents a catastrophic event that changes the lives of victims and their family members. Over time, family members rallying around their loved one may notice specific changes in their personality, a common outcome after the accident. Chronic traumatic encephalopathy (CTE) is common in young people, particularly those who started playing sports at much younger ages. Countless examples of high-profile professional athletes have also resulted in media stories, some highlighting the serious problem plaguing sports. Studies reveal troubling trends A study revealed that three-quarters of TBI victims feel like a different person post-accident, with changes to both their identity and personality. CTE involves damage to the prefrontal cortex that manages behaviors and regulates emotions. Frequently, the result is behavior that can be defined as impulsive and inappropriate. More severe cases result in the commission of crimes. Brain injury experts encourage proactive approaches to identify individuals, screening them for concussions or brain injury. The outcome is a reduction in criminal activity, not to mention a decrease in re-offending, which can alleviate prison overcrowding. The problem of TBIs going on without notice or medical care is the focus on visible injuries instead of damage not seen. Even more frustrating is the current technology that needs to improve in identifying TBI. Technology from an MRI may show normal brain images that are anything but ordinary. The technology is available. Functional MRIs or diffuser tension images can provide a more detailed and in-depth that could show a brain injury. Sadly, the sheer costs of these imaging techniques limit their availability and much-needed access.

Getting into an accident could be overwhelming and stressful. These incidents could also be scary if they cause injuries, such as concussions. They are mild traumatic brain injuries caused by blunt force or impact, making the brain move inside the skull. Concussions can happen because of various accident types, such as falls and minor collisions. Fortunately, they are usually mild and not life-threatening. Still, medical practitioners could consider it a severe injury because of its symptoms. Concussions typically cause the following health problems, affecting essential physical, mental and emotional functions: Dizziness and balancing issues Light or noise sensitivity Headaches Nausea Vomiting Vision issues Inability to think clearly Grogginess Mind fog Memory problems Anxiety Irritability Unusual mood swings Nervousness Sleeping issues One or more of these symptoms could significantly affect the patient’s daily activities. Additionally, physicians might find it challenging to diagnose concussions properly. Their symptoms are common in other health conditions, requiring thorough diagnostic tests and assessments. They could include scans and tests focusing on potential neurological problems. Concussions could also make way for worse long-term issues, affecting the patient’s cognitive functions. However, some specific symptoms could signify more severe injuries. These warning signs could mimic concussion symptoms but require more urgent and extensive medical care. Knowing when to see a physician Severe blood clots in the brain could develop and cause warning signs, including intense headaches, unconsciousness, excessive vomiting, uneven pupils, slurred speech and convulsions. These injuries could be emergency cases requiring urgent medical attention. Due to these risks, seeing a doctor immediately after a fall or minor car accident might be vital. Doing so could help detect any underlying injuries and receive proper treatment if necessary.

You are probably aware of certain dangers you could face in parking lots and garages. For example, an unobservant driver in such close quarters could strike you while walking to your car. Another issue that makes parking areas unsafe is poor lighting and the inability to see well. The following information may raise awareness of parking lot risks and improve your safety in dimly lit areas. If you have already suffered injuries in a lot or garage, it could help you tie your harm to negligence, potentially improving your injury compensation. Trip hazards You never know what might be lying in wait to trip you up in a parking lot. When lighting is sufficient, you can see obstacles and avoid them, but you may overlook something if you can’t see well. Unfortunately, tripping and falling could lead to severe injuries like broken bones or brain trauma. Criminal activity Whether they intend to rob or hurt someone, dark lots and garages are prime hunting grounds for those with a criminal mindset. Since commercial property owners must generally ensure user safety, you may have grounds for legal action based on negligent security. Weather conditions Of course, no one can change the weather, but property owners can implement safety measures to keep parking lots free of slip hazards such as pooling water or icy conditions. If they fail to do so, it could be a case of premises liability for those who suffer weather-related parking lot injuries. You should not have to foot the bill for an injury caused by a property owner’s carelessness. Learning more about North Carolina negligence laws can help you obtain compensation that covers medical and other injury-related losses.

Workers’ compensation insurance scheme shields employers from most lawsuits arising from workplace accidents. However,  it does not protect third parties against legal action if their negligence contributed to or led to your injuries. For instance, if a defective product leads to your workplace accident, you can take action against the manufacturer. Similarly, you can hold a negligent driver legally liable if they caused a crash and you got injured while on a work-related errand. It means you can recover compensation from third parties, separate from your workers’ compensation benefits. Below is more on what you need to know if a third party was involved in your workplace accident. The elements of a third-party injury claim Third-party injury claims are not like workers’ compensation claims because they’re personal injury claims. That means you must prove the third party owed you a duty of care, and that they breached that duty through negligent, reckless or willful behavior, causing your injuries. You must also show that you suffered damages due to the third party’s negligence. It could be the medical expenses you incurred, lost wages and even the pain and suffering you endured. You may be entitled to a wider range of damages While a personal injury claim against a third party can be complicated, you can recover more damages through a civil claim than what workers’ compensation benefits offer. These include damages like loss of your property plus compensation for your emotional anguish, pain and suffering. If a third party fully or partially contributed to your workplace accident, seeking legal guidance is essential. As mentioned, it’s a whole different rule book for such claims, and it helps to understand and protect your legal rights from the word go.

As summer gets underway, most kids will have a lot of time on their hands to wander the neighborhood and beyond. That means getting into some potentially dangerous situations. Kids are natural explorers, and they often don’t pay attention to what is someone else’s private property. What if your child is injured on someone else’s property. Is the property owner liable even if they were there without permission? Under North Carolina law, most people on someone else’s private property are either considered invitees or trespassers. In most cases, property owners aren’t responsible when trespassers are injured on their property – unless they’ve done something intended to harm trespassers, like set a booby-trap. Children, however, generally aren’t considered trespassers because they can’t always be expected to understand the concept. Further, if there’s a feature or object on the property that’s just too tempting to resist (an “attractive nuisance”), a property owner may be considered liable if the child is harmed by it. They’re expected to either remove it or take appropriate steps to prevent children from being able to access it. Common attractive nuisances Typically, when people (and insurance companies) think of attractive nuisances, the following come to mind: Pools Playground equipment (like swing sets and trampolines) and treehouses Water features (including man-made ponds, fountains and wells) Construction projects, including the dangerous equipment and toxic substances that often accompany them. Weapons Firearms, of course, need to be locked up, along with ammunition. Too many tragedies have occurred because children couldn’t tell the difference between a real gun and a toy one. Discarded appliances and unlocked cars (especially older ones that don’t have safety latches inside the trunk) can also prove dangerous if left outside and unattended. Proving liability in an attractive nuisance case Proving that a property owner should be held liable for having an accessible attractive nuisance generally requires demonstrating the following: There was a potentially dangerous condition. The property owner knew or should have known it could attract children and could harm them. The condition was either created or maintained by the property owner. Every situation is somewhat unique based on the child’s age, the attractive nuisance and how the child accessed it. That’s why if your child suffered harm, it’s best to seek legal guidance to give you the best chance of successfully seeking justice and compensation.

When someone suffers a brain injury, the focus is often on immediate treatment to save their life. For instance, someone who has bleeding around their brain could suffer cell death if the pressure on the brain becomes too great. Surgery can help to relieve this pressure and reduce the scope of the injury. But it’s also important to think about the long-term effects of a traumatic brain injury (TBI). There are many ways that this condition can change a person’s life, perhaps forever. For instance, it could lead to the onset of depression and/or anxiety. A very serious condition Depression is a very serious medical condition. It can dramatically change a person’s life, and it can impact what they’re able to do. As noted by researchers who published a paper in the National Library of Medicine: “Depression can limit the ability to return to work, and even worsen cognitive function and contribute to dementia.” It’s more than being sad or feeling down. It’s a change to the way the brain functions on a fundamental level. For some, this means they lack motivation, and may even stop engaging in things that they once found fun and enjoyable, like their hobbies. For others, it means they struggle to communicate with other people or work with a team. For still others, they may have long stretches of time when they’re virtually unable to care for themselves and/or suffering from harmful thoughts. Personality changes Depression is just one of the ways in which a person can change after a brain injury. Family members sometimes note other types of personality changes. Maybe the person is always irritable and combative, rather than kind and accommodating. Maybe they now struggle to remember details that would’ve been easy for them to hold onto before. All of these other changes can simply make their feelings of depression worse because they know what life was like before the injury. In a situation this serious, those who have been injured may benefit from considering their legal options. They may have the ability to seek financial compensation from any party that was responsible for their harm. Seeking legal guidance can, therefore, potentially be very helpful.

When you drive, you share the road with many others, and keeping a safe following distance at all times is crucial. The problem is that many drivers have no clue how far that is. The simplest method to calculate a safe following distance is to count three seconds. Why does this work? All vehicles need a greater stopping distance as their speed increases. Counting to three avoids you having to try to guess the actual distance to stay behind another vehicle in feet. The faster you travel, the greater your three-second gap automatically becomes (provided you stick to it). Is three seconds always enough? You should treat it as an absolute minimum for good conditions. That means good road conditions, good weather conditions and when you are in good mental condition yourself. If the road surface is loose or wet; if visibility is poor due to fog or rain or if you are feeling tired or have a heavy cold, then you should increase how many seconds you count. Another reason to increase the distance is concerts about the driver in front Sometimes you get a bad feeling about a driver in front of you. Perhaps you see they are using their phone as they drive. Or perhaps you notice they are driving a bit erratically. In this case, the safest option is to drop back, as if they are distracted, drunk or something else, then they may brake late because they fail to notice a hazard or red light. Unfortunately, you always run the risk that a driver behind you does not keep a safe distance. If they hit you from behind then you’ll likely need to find out more about your legal options.

While summer brings warm weather to North Carolina, it can also bring some heavy thunderstorms. That can create problems for drivers. Slowing down is wise if it starts to rain heavily or has just finished raining heavily. Here is why: Falling rain reduces visibility Sometimes the rain falls so thick and fast that it can be hard to see out of your windshield. It’s going to be the same for every other driver out there. Motorcyclists will struggle to see out of their visors and pedestrians or cyclists may have their hoods up and their heads down as they rush for shelter. So, all in all, the chances of a crash increase. Rain on the road can also reduce traction, especially after a dry spell when it washes off all the accumulated grease and oil from the road surface. It means stopping distances increase drastically, so the best way to counter that is to slow your speed. Puddles can cause hydroplaning Sometimes a puddle is deeper than expected, and that can cause you to lose traction altogether and hydroplane across the surface of the water. Your vehicle might veer off in the direction of the oncoming traffic as a result. Even if you don’t hydroplane, carrying too much speed into a deep puddle can send a huge plume of spray up, making it hard for you or anyone passing you in the opposite direction to see. While slowing down for water seems obvious, some drivers don’t. If they injure you, you’ll need to find out how to hold them responsible.

One of the first things many people do when dreaming of a new vehicle is to pick the color. For example, they want a yellow motorcycle or a black car. Indulging your personal preference is fine, but it pays to know that the color of your car can also affect your safety. Here’s what you should know: Lighter colors help you stand out Maybe you’re the kind of person who prefers to blend into the background than grab the attention. That’s fine, but when it comes to safety, standing out from your surroundings reduces your risk of injury. A lot of crashes happen because a driver did not see the other vehicle. Making your vehicle hard to miss increases the chances they spot you. That doesn’t mean you need to go for fluorescent paint, but it does suggest you think twice before selecting certain colors. White and yellow cars are good choices for visibility. Fire trucks are red, so that must be a good choice, right? Wrong. While red was the color of choice for fire trucks for years, research shows it’s a poor choice because “the human eye is red-blind at night.” That could make your choice of a red car particularly dangerous after dark. Black and other dark shades are also risky choices You wouldn’t be alone if you think black cars look cool. However, lying in a hospital bed because someone didn’t spot your car is definitely not cool. Try to avoid darker shades because they blend into the background of a cityscape or road at night. Staying visible still won’t ensure all drivers spot you as some may be too drunk or too distracted to pay attention to any vehicle, of any color. If that happens you’ll need to learn more about claiming fair compensation for your losses.