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Document Library

On the page below you will find links to documents, reports, publications and discussions regarding North Carolina legal topics provided by Brent Adams & Associates. We hope that these articles, statistics, and information will help the public gain a better understanding of their own legal challenges.

Have you read more about your North Carolina legal case and decided that you should talk to a lawyer about moving forward? Contact us for a confidential consultation today.

Library Categories:

North Carolina Workers' Compensation:

Speak Up About Your North Carolina On-The-Job Worker Injury In North Carolina!
Description: New research shows that some employers discourage, minimize or even cover up worker accidents and worker injuries, stopping injured workers from receiving the workers' compensation that they deserve.
Dirty Detective Tricks: North Carolina Workers Compensation
Description: North Carolina Workers' Compensation Lawyer warns injured workers about dirty detective tricks
Injured workers can collect money for permanent impairment of the body
Description: North Carolina workers' compensation lawyer discusses the benefits available for permanent inpairment of a body part.
Injured worker's benefits for loss of or impairment of unspecified body parts or organs
Description: Injured worker's benefits for loss of or impairment of unspecified body parts or organs
North Carolina Worker's Compensation Benefits for Hearing Loss
Description: North Carolina Workman's compensation benefits for hearing loss
Another Method to Compute Workman's Compensation Benefits for Permanent Impairment
Description: Computing North Carolina Workers' Compensation Benefits for Permanent Impairment
Injury from horseplay at work can result in payment of workman's compensation benefits
Description: Injured workers can usually recover North Carolina workman's compensation benefits when they are injured at work as a result of horseplay.
Workman's Compensation Claimants Can Recover Workers' Compensation Payments For Storm and Weather Related Injuries
Description: Injured workers can recover workers' compensation benefits for storm and weather related injuries
N. C. WORKMAN'S COMPENSATION CLAIMS FOR SILICOSIS AND ASBESTOSIS ARE TREATED DIFFERENTLY
Description: North Carolina workers' compensation lawyer and attorney discusses workman's compensation benefits payable to victims of silicosis and asbestosis.
N. C. workman's compensation claimants must report work related accidents quickly
Description: N. C. workers' compensation victims must report their workman's compensation claims to their employer in writing within 30 days from the date of the work place accident.
N. C. Injured Workers must file their claims with the Industrial Commission Within 2 years from the accident
Description: N. C. workers' compensation lawyer discusses the rigid time requirements for filing a North Carolina workman's compensation claim. The injured worker's claim must be filed with the N. C. Industrial Commission within 2 years from the date of the work related accident.
North Carolina Workman's Compensation Law Imposes a 10 % Penalty For Violation Of Safety Statutes
Description: N. C. workers compensation attorney discusses the 10% penalty imposed upon employers for violation of a safety statute.
Injured worker can not receive workman's compensation if they are injured because of intoxication or drug use.
Description: N. C. workers' comp attorney discusses the consequences to the injured worker if his injury is caused by the worker's intoxication or drug use.
Workers Comp Claimants Should Be On Their Best Behavior When They Return To Work
Description: You should use extreme caution when you return to work after any workers’ compensation injury. Be sure not to give your employer any reason to fire you.
How the injured workers average weekly wage is computed when the injured worker was on the job less than one year when he was injured
Description: North Carolina Workplace Injury Lawyer discusses how the amount of average weely wage is computed when the worker was on the job less than one year before he was injured
You Can Win The Insurance Industry's War Against Injured Workers
Description: North Carolina Injured Worker's Lawyer Discusses the War That the Insurance Industry Has Declared Against Injured Workers
Can The Injured Worker Switch Doctors?
Description: North Carolina workman's compensation lawyer and attorney discusses whether an injured worker can switch doctors.
North Carolina Industrial Commission
Description: NC workers compensation lawyer discusses the virtues of The North Carolina Industrial Commission
Who is covered by North Carolina's workman's compensation law
Description: N. C. workers' compensation lawyer discusses who is covered by North Carolina's workman's compensation law
If your employer does not have workers comp insurance, you may recover from the general contractor
Description: Raleigh and Fayetteville North Carolina work comp attorney and lawyer explain how an injured worker can recover worker's compensation benefits even when their employer does not have workman's comp insurance.
Citizenship or Proper Documentation Not Required For Workers' Compensation Benefits
Description: Wilmington and Fayetteville North Carolina workers compensation lawyer and attorney advises that citizenship is not required in order to collect workman's compensation benefits
Independent Contractors Are Not Entitled To Workers' Compensation Benefits
Description: Fayetteville and Raleigh North Carolina Workers' Compensation Lawyer discusses the fact that independent contractors are not entitled to benefits for work injury.
Examples of cases holding that a claimant is an independent contractor
Description: North Carolina Workers Compensation Lawyer discusses cases holding that a claimant is an independent contractor and not an employee.
North Carolina Work Comp Cases Holding That A Claimant Was An Employee And Not An Independent Contractor
Description: North Carolina workers' compensation lawyer discusses cases holding that a claimant was an employee and therefore entitled to workers compensation benefits.
First Steps To Take After a Workers' Compensation Injury
Description: N.C. Workman's comp attorney discusses the precautions an injured worker should take after a workers' compensation accident. Advice to injured workers about what to do after a worker's comp injury.
You May Not Need A Lawyer In Your Workers' Compensation Case
Description: N. C. workers' compensation lawyer discusses how to decide whether an injured worker needs a lawyer.
How Do you Choose the Right Workers' Compensation Lawyer
Description: North Carolina workers compensation lawyer discusses what an injured worker should consider when choosing a lawyer.
Nine Qualifications for a North Carolina Workers Compensation Lawyer
Description: North Carolina workers compensation lawyer discusses the nine qualifications that an injured worker's lawyer should have.
North Carolina Workers Compensation Lawyer and Attorney's Fees
Description: North Carolina workers' compensation lawyer and attorney discusses attorney fees charged in N. C. workers comp cases.
Workers' Compensation Vocational Rehabilitation Counselors: Seventeen Rules To Best Deal With Vocational Rehabilitation Counselors To Protect You And Your Family From Financial Ruin
Description: Seventeen essential rules for dealing with rehabilitation counselors.
How to protect your workers compensation claim when dealing with medical doctors
Description: North Carolina Workers' Compensation lawyer's suggestions on how to deal with workers' compensation doctors.
Protect yourself from private detectives
Description: North Carolina worker's compensation attorney warns injured workers that they will probably be followed and video taped by private detectives. The article explains how injured workers can protect themselves when they are being followed.
North Carolina Workers' Compensation Attorney's suggestions for handling job interviews
Description: North Carolina workers' compensation lawyer's advice to injured workers who are applying for employment. Suggestions for conduct during job interviews.
Even if your sub contractor employer does not have workers' compensation insurance you may still collect
Description: A North Carolina workers compensation claimant who is injured while working for a subcontractor with no insurance may recover full workers'compensation benefits from the general contractor.
Termination and suspension of benefits
Description: North Carolina workers compensation attorney discusses the process by which employers try to terminate or suspend workers compensation benefits. He gives advice on how the injured worker can avoid termination or suspension of workers compensation benefits.
How should a work comp claimant handle a demand by the employer to return to work ?
Description: North Carolina workers' comp lawyer teaches what an injured worker should do when the employer demands that the work injury victim return to work. How to avoid a termination of benefits.
Medical costs continue to rise but one South Carolina newspaper explains how employers can lower their workers compensaton costs.
Description: The editorial says the state should abolish the Second Injury Fund, which would help retain insurance companies. But employers need to focus on what they can do to lower costs.
The Most Common Reasons Injured Workers Benefits Are Lost
Description: The most common reasons workers' compensation payments are stopped.
What an injured worker should do when the employer insists that he return to work
Description: If you are attempting to return to work with various work restrictions, (such as a 10 pound weight restriction with no bending, lifting, or stooping) you should be sure that your employer intends to comply with those limitations. While you should report to work as instructed, under no circumstances should you do work which is outside of the limitations established by your treating doctor.
College Attendance is not a substitute for a job search
Description: Once an injured worker's doctor says that the worker can return to work, the workers' compensation claimant has the burden of proving that he can not find suitable employment.
Teacher Files Disability Dicrimination Lawsuit against NY School District
Description: After being fired from her job after 23 years of service, an upstate New York school librarian has filed a $2M lawsuit disability discrimination lawsuit against the Liberty School District in Sullivan County.
Starbucks Baristas Win Court Judgement Against Starbucks
Description: Starbucks supervisors were caught with their hands in the “cookie jar.’ The result was a $100 million judgment against the world’s-largest coffee shop.
Workman's Compensation Benefits for Facial and Bodily Disfigurement
Description: A worker may be compensated for injuries which leave “serious” facial or head scars. Unfortunately, the limit of benefits available for serious facial and head disfigurement is limited to $20,000.
Beware of Rehabilitation Counselors
Description: Workers' compensation vocational rehabilitation professionals work for the insurance companies. They do not work for the best interest of the injured worker.
Worker's Comp Vocational Rehab Counselors Are Not Your Friend
Description: Vocational rehabilitation professionals are not your friend. They work for the insurance company. Their goal is to help the insurance company cut off your workers' comp payments.
The Real Goals Of Workers' Compensation Nurses
Description: The real function of worker's comp nurses is to keep medical expenses low and return the injured employee back to work as soon as possible.

Workers' compensation nurses work for the insurance companies which employ them. Their loyalty is not to the injured worker.
Workman's Comp Claimants Should be Careful Not To Give Employers An Excuse To Be Fired
Description: Injured workers should be careful not to give their employer an excuse to fire them when they return to work.
If the employer fires an injured worker for good cause it will be very difficult for the worker to keep receiving workers' compensation benefits.
Trial Return To Work
Description: This page discusses the procedure that is to be followed when the workers' compensation claimant tries to return to work.
A nurse who developed a fungal infection in her larynx has sued a New Jersey school district, claiming mold is the culprit.
What happens when the employer tries to terminate injured workers benefits
Description: If the employer tries to terminate workers' compensation benefits there must be a hearing with the right to appeal.
How workers' compensation trials are conducted
Description: North Carolina Workers' Compensation Attorney Discusses the hearing process that occurs when the injured worker and the employer can not agree on the benefits to be paid for a workers' compensation claim.
A mediated settlement conference must occur before a hearing (a trial) is conducted.
Description: North Carolina Industrial Commission requires that a mediated settlement conference be conducted before there can be a hearing.
WHAT IF THE EMPLOYER DENIES THE INJURED WORKER’S CLAIM FOR COMPENSATION BENEFITS?
Description: If the injured worker and the employer can not agree on a workers' compensation claim, either party may request a hearing before the North Carolina Industrial Commission.
North Carolina Workers' Compensation Law Requires Employers To Interest On Past Due Benefits
Description: N C workers' compensation attorney and lawyer discusses the requirement that the employer pay the injured worker interest
on a workman's compensation award.
North Carolina Workman's Compensation Law Imposes a Penalty For Late Payment
Description: N. C. Workers' Compensation Attorney discusses the 10% penalty for late payment of workers compensation benefits.
North Carolina Workmans' Compensation Law Requires Employers To Pay Benefits On Time
Description: N. C. workers compensation attorney and lawyer discusses the time requirements placed upon North Carolina employers to pay workman's compensation payments.
N. C. WORKMAN'S COMPENSATION CLAIMANTS MUST PROVE THEY ARE DISABLED
Description: The injured worker has the burden of proving that he is disabled. He must prove this disability by showing that he is incapable, as a result of a work related injury, of earning an income.
Pre-existing conditions will not prevent an injured worker from collecting workers compensation payments
Description: N C workers' compensation lawyer and attorney discusses the effect of a pre-existing injury on work injury claims. A pre-existing injury will not prevent the collection of money for a workman's compensation injury.
North Carolina Injured Workers Can Collect Workers' Compensation Benefits For A Disease Which Results From An Injury
Description: Workers' compensation claimants may receive payment for diseases which result from injuries caused by an accident.
Repetitive motion conditions are considered to be an occupational disease and therefore payable under North Carolina's workers' compensation law
Description: Repetitive motion conditions are considered to be occupational diseases which are payable under North Carolina's workers' compensation law.
Occupational Diseases Give Rise To Workman's Compensation Claims
Description: North Carolina Workers' Compensation law provides payments to victims of occupational diseases.
An Accident Is Not Required In Order To Recover For Back Injuries
Description: It is no longer necessary for a worker to prove that his back injury was caused by an accident in order to collect payments for a workers' compensation claim.
Injured workers can recover workers compensation benefits even when they are injured while outside of North Carolina
Description: Injured workers can recover North Carolina workers' compensation benefits even when they are injured outside the state.
The "going and coming" rule prevents collection of workers' compensation payments for accidents while traveling to and from work: There are important exceptions
Description: An injured worker can not usually collect workers' compensation payments when he is injured while traveling to or from work. This prohibition is known as the going and coming rule. There are important exceptions, however under which the worker can get paid for injuries while traveling to and from work.
Workers' Compensation accidents must occur while at work
Description: Workers' compensation claimant must be injured by accident arising out of and in the course and scope of employment in order to collect workman's compensation benefits.
It may be possible for families of suicide victims to collect workers' compensation payments
Description: If suicide was intentional, there can be no recovery for the family. However, if a work related injury causes a worker to lose his normal judgment such that he can not control his impulses, the suicide will be considered work related and therefore the victim's family may be paid workers' compensation benefits.
If you are assaulted at work, you may be entitled to collect workerman's compensation benefits
Description: Workers may collect workers' compensation benefits for assaults at work.
Injured Workers Can Not Always Recover for Falls an Work
Description: North Carolina Workers' Compensation lawyer and attorney discusses whether a worker can recover workers' compensation benefits for injuries sustained from a fall while at work.
ACCIDENTS FOR WHICH WORKERS’ COMPENSATION BENEFITS ARE PAYABLE
Description: North Carolina Worker's Compensation lawyer discusses the circumstances under which an injured worker can recover workers' compensation benefits including injury by accident, by a specific traumatic incident and by an occupational disease.
Worker's Family Can Recover Workers' Compensation Death Benefits
Description: A discussion of the benefits available to the family of a worker who is killed at work
Texas Supreme Court Short Changes Injured Workers: Allows Plant Operators to Escape Liability For Negligence
Description: Texas Supreme Court Takes Rights Away From Injured Workers: Approves the substitution of "bogus" workers compensation scheme for traditional tort liability for negligence.
North Carolina Workman's Compensation Benefits For Permanent Back Injuries
Description: North Carolina Workers' Compensation Benefits For Permanent Back Injuries
Unusual Average Weekly Wage Issues: football players, trainees and housing allowance
Description: Fayetteville, Durham and Raleigh Workers' Compensation lawyer discusses unusual average weekly wage issues
How the all important "comp" rate is determined
Description: Wilmington Raleigh and Durham North Carolina work place injury lawyer and attorney discusses how the all important "comp" rate is computed.
Medical Benefits Available to Injured Workers Under North Carolina Workers' Compensation Law
Description: Raleigh, Durham North Carolina workman's comp attorney and lawyer discusses the employer's obligation to provide medical benefits for the injured worker
North Carolina Workers' Compensation Benefits
Description: Raleigh and Fayetteville Workers' Compensation Lawyer and Attorney Lists the Five Main Benefits to Injured Worker's under North Carolina Work Comp Law
Worker's Comp Payments For Lost Wages --Average Weekly Wage
Description: Raleigh and Fayetteville North Carolina Workers Comp Lawyer and Attorney Explains Wage Replacement Benefits and How Average Weekly Wages Are Computed
North Carolina Workers' Compensation and Unemployment Benefits
Description: North Carolina workers' compensation lawyer discusses the interplay between NC workers' compensation benefits and North Carolina unemployment.
North Carolina Workers' Compensation Attorney and Lawyer Discusses Claims Against Third Parties
Description: Raleigh and Fayetteville North Carolina workers comp lawyer gives advice to injured workers who have a claim against third parties (not the employer or a coworker) for injuries which occur at work.
Injured Workers Can Not Sue Their Employer in Court
Description: North Carolina Workmen's Compensation Lawyer and Attorney Discusses Limitations on the Injured Workers' Ability To Sue Their Employer
How N. C. Injured Worker's Can Keep From Being Fired When Returning To Work
Description: Fayetteville workers' compensation lawyer discussess how injured workers can keep from getting fired upon returning to work.
North Carolina Workman's Compensation Lawyer Teaches How to Deal With Work Comp Nurses
Description: N C work comp lawyer explains how an injured worker should protect themselves while dealing with a workers' compensation nurse.
Injured employee must not refuse medical examination
Description: North Carolina workers' compensation lawyer discusses injured workers obligation to submit to medical examination.
Disfigured Injured Workers are Entitled to Additional Benefits
Description: North Carolina Workers Compensation Attorney discusses benefits available to injured workers for facial and bodily disfigurement
North Carolina Injured Worker's Guide to Returning to Work
Description: North Carolina Workers Compensation Attorney explains North Carolina's Workers Compensation procedure for trial return to work. An explanation of the weaknesses of the trial return to work procedure and advice to the injured worker on how to deal with returning to work.
N.C. Court of Appeals creates new exception to the going and coming rule
Description: A North Carolina Court of Appeals opinion which holds that an in home nurse whose job required her to use her personal vehicle to travel between the homes of her patients could recover full workers compensation benefits when she was injured in a motor vehicle accident while driving to the home of her first patient of the day.

This case created an exception to the "going and coming" rule which forbids the collection of workers compensation benefits by a worker who is injured while traveling to work.
Workers Compensation Rights Expanded for Injured Workers
Description: North Carolina Court of Appeals creates exception to the "going and coming" rule. This opinion holds that when a worker is required to provide his own vehicle for use while at work, he may collect workers compensation benefits if he is injured while travelling to work
Workers Compensation Benefits
Description: If you have suffered illness or injury while on the job, the lawyers at Brent Adams & Associates understand workers' compensation benefits and can help ensure you receive all that your claim is worth. In the state of North Carolina, employers are required to provide workers' compensation benefits for their employees who are injured on the job.