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December 2015 Archives

Retroactive Compensation for Family Care Available in Workers' Compensation

In a recent decision, the North Carolina Court of Appeals clarified a ruling about attendant care. Even if a family member of an injured worker did not have pre-approval for compensation of expenses, familial caregivers can be compensated for reasonable nursing services as long as compensation is requested within a reasonable time.

What can motorcyclists do to stay visible?

Motorcyclists make up a fair portion of drivers on the road in North Carolina. Warm weather and sunny days make it easier to keep bikes on the road all throughout the year. A 2013 general crash profile for the state reported that 147 motorcyclists were killed and 3,351 were injured in that year alone.

You can make a civil claim against a drunk driver

Drinking and driving is incredibly dangerous for people on the roads. As someone who's been involved in a drunk-driving accident, you're probably looking at ways to make sure you're compensated for your injuries. On top of that, you may be interested in knowing about how the driver will be prevented from getting into a drunk driving accident again.

Burley v. U.S. Foods - Workers' Compensation Jurisdiction

The North Carolina Supreme Court broke new ground in the area of Workers' Compensation with its recent decision in Burley v. U.S. Foods, Inc., 776 S.E.2d 832 (2015).  Burley addressed whether, under G.S. 97-36(i), the Industrial Commission has jurisdiction over a compensation claim stemming from an out of state injury when the employee's employment contract was originally made out of state and subsequently modified within North Carolina.  Id. at 833.  The North Carolina Supreme Court held that the Commission does not have jurisdiction in such instances.  Id.  Under Burley an employment contract will not be considered made in North Carolina for the purposes of G.S. 97-36(i) when a business undergoes a merger that transfers the supervision of an out of state employee to a North Carolina office, and such a transfer results in no changes to the employees job titles or responsibilities.  Id. at 836.  This is true even if such a transfer is also accompanied by a change in the employee's daily routine or a change in the employee's method or amount of compensation.  Id.

Injuries to Healthcare Workers

Nurses, physicians, medical aids and other healthcare workers provide a valuable service to those who are in hospitals, home healthcare facilities and private and public medical clinics.  Healthcare workers, however, also bear risk of injury by a variety of harm associated with their job.

Poultry factory workers exposed to risk of injuries on the job

During the holidays, especially during Thanksgiving and Christmas, those working in poultry factories must work to produce thousands upon thousands of turkeys. These people work long hours and are exposed to potentially dangerous work every day. Many accidents take place, they claim, because the demands on them are too high and the wages are too low.

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