Posts By: Zabrina Delgado

If I Develop Additional Conditions, Are They Covered?

If I Develop Additional Conditions, Are They Covered?

This summer, the North Carolina Supreme Court came to a decision on a case that is having a huge impact on the world of workers’ compensation. In fact, this ruling is one of the biggest things to happen to workers’ comp in several years. The outcome of Wilkes v. the City of Greenville changed the way we look at the coverage of symptoms and conditions caused by the initial injury.

 

In this case, a man was injured in a car accident while on the job. Not only did he sustain physical injuries, but he also suffered a concussion and tinnitus (or ringing of the ears). As a result of his accident, he filed for workers’ compensation. While initially he made his claim to cover the physical injuries, he eventually wanted to extend the claim to also cover his depression and anxiety that had resulted from the accident.

His employer claimed that because symptoms such as the anxiety and depression were not directly caused by the accident itself nor were they mentioned in his first claim, they were not responsible for them. The court agreed.

 

Knowing this was unfair, the man took his case to a higher court. The North Carolina Supreme Court decided that the defendant has a right to ask for additional symptoms and injuries to be considered, even if they are not the precise injury that was initially claimed, and that his additional conditions should be covered.

 

Cases like this show the court’s dedication to upholding what is right and protecting the rights of individual workers. Because this is such a new ruling, it will be interesting to see how it goes on to affect future cases. Chances are, it’ll mean more people are getting the benefits that they need.

 

If you’ve developed additional conditions after being injured at work, don’t hesitate to reach out to us. We’re happy to provide a free consultation to discuss your case.

Can My Third Party Personal Injury Case Affect My Workers’ Comp Claim?

Can My Third Party Personal Injury Case Affect My Workers’ Comp Claim?

You may think that a personal injury case and a workers’ comp claim wouldn’t affect each other. After all, they are completely different areas of the law, right? Well, that’s not always the case. While you may believe the cases are unrelated, they may have more effect on one another than you might think. For instance, in the Easter-Rozzelle case in Charlotte, NC, one man’s personal injury claim totally changed the outcome of his workman’s comp case.

Initially, the worker filed for workers’ compensation after injuring his shoulder while removing a manhole cover for work. He was put on work restrictions for about a week until he recovered. However, by the time his work restrictions were up, he had still not recovered. His employer instructed him to visit his doctor and have his restrictions reevaluated.

It is not uncommon for injuries to not improve by the time you are supposed to return to work. However, on the way to the doctor, the worker got into a car accident. During the accident, he sustained a traumatic injury. In order to deal with this case, the man hired a new attorney to deal with his personal injury case regarding the car accident. This case was settled and he dispersed his settlements without taking into account his workers’ comp lien or informing the Industrial Commission.

When it came time to settle his workers’ comp claim, he tried to have workers’ compensation take into account his injuries from his car accident. Under normal circumstances, this would be a possibility; however, once it came out that he had already settled the claim without letting the insurers or his employer be involved in the process, he lost his claim to the workers’ compensation benefits.

Regardless of whether the cases seem related or not, it’s important to tell your attorney about any and all of the cases that you’re involved in. Your attorney will know which cases might affect the other and which cases might benefit from involving one case with the other.

If you’re dealing with more than one case, be sure your attorney or attorneys know about them. If you’re unsure about how your case might affect your workers’ comp claim, don’t hesitate to contact Oxner + Permar for a free consultation.

¿Sabias que…

¿Sabias que…

 

…su caso de lesiones personales, puede tener un efecto con  relación a su caso de compensación al trabajador?

Esta situación surge, cuando usted fue lesionado por una tercera parte en el transcurso de su empleo y tiene un caso de compensación al trabajador en contra de su empleador. Según el caso Easter-Rozelle vs. City of Charlotte (2015) si usted empieza una querella en contra de la tercera parte que le lastimó, y también empieza una querella en contra de su empleador, usted tiene la obligación de avisar a su empleador, si entra en un acuerdo legal con la tercera parte.

Si usted no avisa a su empleador cuando llega a un acuerdo legal con la tercera parte, usted no podrá seguir adelante con su caso contra su empleador.  Esta regla aplica hasta en situaciones en que la cantidad de dinero que consiguió en su acuerdo con la tercera parte, no es suficiente para cubrir los gastos asociados con su lesión laboral.

Es por esto que usted debe de contactar abogados con experiencia cuando se lesiona en el trabajo.  Aquí en Oxner + Permar, tenemos abogados con años de experiencia en casos de compensación al  trabajador que pueden asistirle en español. ¡Llámenos!

Logo Image
Logo Image
Logo Image
Logo Image
Logo Image
Logo Image
Logo Image
Logo Image
Logo Image
{"slides_column":"4","slides_scroll":"1","dots":"true","arrows":"true","autoplay":"true","autoplay_interval":"2000","loop":"true","rtl":"false","speed":"1000","center_mode":"false"}