601 East Blvd., Charlotte, NC 28203       1.800.WORKERS        Se Habla Español

Workers' Compensation Blogs

Independent Contractor vs. Employee - Workers' Compensation Attorney

When we get a call about someone getting hurt at work, one of the first questions we have to ask is what the person's specific employment status is. As odd as this may sound, many people are unsure about their specific title when it comes to employment. While a person may be employed by a company to produce either items or a service and get paid for it, they may not qualify as an employee by the definition of the law. They may, in all actuality, be marked down by the company they work through as an independent contractor instead. This is a very important distinction when we are talking about workers compensation. An employee is, by definition, someone who only does work for one company at a time. While they may have multiple jobs through different employers, they generally have to travel to each one and receive W-2 tax forms from each as well. An employee will also work the hours that are set by the employer as opposed to setting their own flexible schedule. Many employees are welcomed and even encouraged, to join a union. They are also generally able to apply for benefits that are available through work such as healthcare or retirement plans, and are eligible for unemployment if they are released for certain reasons. An employee is also covered by federal and state laws which set a minimum wage as well as overtime laws. On the other hand, an independent contractor can work for multiple companies at the same time doing specialized work. They often work from a remote location and can work any hours they choose as long as deadlines are met. There are no unions for independent contractors and you cannot receive unemployment if let go. There are also no employment benefits for an independent contractor. There is no legal protection that assures they receive minimum wage, and there is no overtime pay. They also get a different tax document, known as a 1099-MISC. The difference that we are most concerned about is that independent contractors are not eligible for worker’s compensation. While an employee can apply for worker’s compensation benefits if hurt on the job, an independent contractor does not have this option. If they are hurt, the treatment costs fall completely on them and no compensation is to be provided. If you are unsure whether you are an employee or an independent contractor, call Collier and see if we can help you look at the possibility of workers compensation.

Clinchers - Workers' Compensation Attorney

Something that needs to be talked about with workers compensation claims, and almost every other type of litigation for that matter, is the idea of a settlement. A settlement is simply something that allows the issue to be resolved privately between the involved parties without having to go to court. When you're talking about workers compensation, this is often referred to as a “clincher”. Often times, we don't hear from clients until a clincher has been offered and they aren't sure if they should take it or push for a better result. In a perfect world, you would have been in contact an attorney before this stage, but we understand that there are reasons why people wait. The problem tends to be that people want an immediate yes or no and without knowing the details of your case, we simply cannot give you one. Clinchers are difficult to talk about because every case is so different. Every claim is as unique as the person involved, so no two are exactly alike. This means that every compensation should be different as well. Generally, we find that if a settlement is offered it isn’t going to be the best choice, but again every case is different. Sometimes you get lucky enough to be given a fair offer. Unfortunately, we often see people realize far too late that they shouldn’t have taken a clincher and now have to pay out of pocket for things related to the injury. Even if you want to settle a claim and get the ordeal over with, you should never be too hasty. Having a lawyer on your side can help you notice all of the finer details of your case without overwhelming you. It is important to remember that you still need to recover from your injury. You don’t need the additional stress of trying to figure out whether or not you should take the first offer that is presented to you while trying to get back to work. If you have been hurt at work and offered a settlement, call Collier Law Firm today. We will work to get you the compensation that you deserve, regardless of whether that involves a clincher or not. Call us for your free consultation as soon as you can and let us focus on getting you the compensation you deserve while you focus on getting better. Trust us to help you through this tough time!

Chronic Disorders - Workers' Compensation Attorney

Every now and then, we get a case that is more complicated than a lot of our others. While these cases may be complicated for any number of reasons, one complication that we keep running into with these cases is a chronic disorder. When we use the term “chronic disorder”, we generally mean conditions that cause pain. This can refer to issues such as arthritis, fibromyalgia, and even previous injuries that didn’t heal correctly. These tend to complicate workers compensation claims because insurance companies will try to use these conditions against your claim by saying that your pain is not from your workplace injury. It is cheaper for them to write something off as part of your condition regardless of whether or not it is consistent with any of your past symptoms. Due to the fact that each chronic condition is different and every person with a chronic condition experiences their disorder differently, arguing against the chronic condition claim is difficult. This doesn’t mean that you should give up hope! If you have a chronic health condition, you will probably have an extensively documented medical history, which is something a vast majority of people dealing with workers compensation don’t have. Some doctors even request that patients keep a journal. If this is the case, you should have a fairly good record of your pain and how it has changed since your injury. While this isn’t considered an objective piece of evidence, it can certainly help your case. After all, a personal journal that stretches back what may be years can help to back up your claims for what has happened recently. Suffering from a traumatic injury when you already have a chronic disorder can really throw your body off track. We often see that injuries like these can mess with someone’s mental health as well. Naturally, we want you to be healthy in all aspects of life, so be sure to keep an eye on your mental health as well as your physical health. If you have a chronic condition and have been hurt at work, call Collier today for your free consultation. We will do everything we can to get you the compensation you deserve so that you can get back to your old level of ability. We know that if anyone can fight for what they deserve it's you, so let us represent you in this new task!

School Safety Tips - Workers' Compensation Attorney

In most districts, the school year is underway in some form or another. Regardless of how you and your school administrators are approaching this year, there are always a few things that you need to think about when it comes to teaching. This generally includes less confusion than you may be experiencing this time around, but the fact remains that each year presents its own challenges and each year you learn how to work around or with the special circumstances you are given. This year is no different in that regard, even if the factors may be a bit more novel. Even if you have been an educator for decades, there are always going to be things that change from year to year. This may be something as simple as being in a new room or having an assistant teacher as they complete their schooling to having to help the kids figure out how to navigate an entirely new school building or new schedule system. No matter how experienced you may be, there are any number of things that can throw a wrench into your carefully crafted system that has worked for you over the years. One of these things is injury. Injuries in school can happen many ways. It can be something as simple as carpal tunnel from using the computer to falling down the stairs due to a wet spot or maintenance issue. Whatever caused your injury, it may very well fall under the purview of workers compensation as long as you were acting within the scope of your job while at the school. As a teacher, it can be upsetting to need to take workers compensation and leave the kids in the hands of a substitute, but the main thing to remember is that you need to be at your best to help your students and that simply isn't possible if you're hurt. If you were hurt as a teacher, call Collier Law Firm. We know how important it is for you to get back to your students as quickly as possible, and we want to help. We will help take care of all of the legal ramifications that you may be dealing with so that you can focus on your recovery. Give us a call and get a free consultation as soon as you can so that we can help you get back on your feet!

When Should I File My Claim? - Workers' Compensation Attorney

When it comes to any type of injury or illness, time is of the essence. You always want to catch a cold early so that you don't develop full blown symptoms just like you want to treat a cut before it can get infected. You don't want to have to walk around on a broken foot for a week or so before getting it looked at just like you want to go to the doctor immediately if you dislocate your shoulder. If all of these things are something you want to do quickly, then it only makes sense that you want to be on top of any extra work that it may include. When you're hurt on the job, this includes paperwork regarding the injury. We often hear people ask when we think they should file their workers compensation claim with the North Carolina Industrial Commission. Our answer is always the same: immediately! Not only is it important for you to get the ball rolling quickly in case there are any issues, but you only have two years from the date of the injury to file. While this seems like a long time, you can't get any workers compensation benefits without filing, which means you really should do it within 30 days. Any longer and you may have other issues occur that can impact how much compensation you receive. While there may be certain reasons that you cannot file right away after an injury, it is important that you do so as quickly as possible once you are able. If there is one thing that we never want to hear, it's that your compensation was impacted because of when you filed. There are always so many things that you need to get done when you are injured, and all of them seem like the number one priority. Although it is definitely exhausting to recover from an injury that keeps you out of work, it is important that you do everything you can to get any paperwork in quickly and set things in motion so you can sit back and relax a little instead of having to try and cram something in before a deadline. If you were injured at work, give Collier a call and see what we can do to help you get the compensation you deserve. Just make sure you do it quickly so that you don't have to worry about it later!