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Workers Compensation and Infectious Diseases

Although the fear of diseases such as Ebola and HIV/AIDS has been taken out of the news as of late, they are still truly concerning in many different parts of the world. While these exact diseases may not be such a worry here in North Carolina, the point of infectious diseases may be one to consider in regards to workers compensation claims if you have contracted one. Such diseases as HIV, hepatitis, MRSA, and others may actually be covered through the state workers compensation laws. At least under very specific circumstances you may find compensation a possibility.

When we use the term “infectious disease”, you need to understand that we are talking about severe and possibly life threatening disorders. “Ordinary diseases of life” such as the common cold or the flu are not in any way covered under workers compensation as they could be transmitted anywhere, at any time, and through any medium. The term infectious disease means those that are heavily impactful and clearly due to work. In order to apply for workers compensation in the event of contracting such a disease, you need to be able to prove that the disease was contracted while on the job as a direct result of your duties.

Occupational diseases may be covered if the work clearly contributed to the contraction of the disease or the worker was at an increased risk of coming down with the illness due to their job. While we normally think of occupational diseases as things like cancers due to exposure to certain chemicals, it is becoming increasingly apparent that some workers are at higher risks for certain diseases. This is especially true of those who work in health care.

Although health care workers take every precaution possible to limit the spread of infectious diseases, sometimes accidents do unfortunately happen. This may be through a needle poke, exposure to certain liquids, or contact with infected bodily fluids. Even those not in health care are at risk for infectious diseases, such as MRSA depending on scrapes and infections that can settle in them.

If you have been diagnosed with an infectious disease and believe it to be a direct result of your work, call Trey Collier today for a free consultation. These situations are always serious and we will do our best to get you the compensation you deserve.

Workers' Comp - Do I Really Need an Attorney?

With so many laws in place to protect workers who are hurt on the job, it may seem silly to hire an attorney. After all, you’re able to tell people what happened and you know that you were hurt while fully within your working parameters. Why should you have to shell out more money when everything is simple to explain and rather cut and dry? Well unfortunately despite many attempts, the law is never quite cut that straight and it is never fully dry. Let us explain why you really do need an attorney to help you.

Getting hurt is always a strain on someone. Whether you are still able to physically move or not, it can leave you feeling paralyzed when you see those medical bills start to pile up. It is a terrifying and uncertain time, especially if the speed at which things were being taken care of begins to slow down. Sometimes it can seem almost impossible to get everything moving again, and I don’t just mean anything that had been injured. Getting the system to work for you can take years and by then it is fully possible that any money you could have gotten in compensation has already been paid out of pocket.

Unfortunately, not everyone has it in their best interest to compensate you appropriately for your injury. Although we have made leaps and bounds in worker’s compensation laws over the past 100 years, there is still a long way to go. There are many ways for people and insurance companies to withhold appropriate funds, and it happens all too often. In order to prevent this happening to you, you need someone who knows how to fight to get you everything you need.

Having an attorney that will work for you is an invaluable thing when it comes to worker’s compensation claims. Here at Collier, we are dedicated to getting you everything you deserve. We know how scary and stressful this time can be and want to make sure that you know there is someone in your corner. We work for you, and this means that we don’t get paid until you do. You deserve to have people on your side, especially after going through an injury or sickness. Call today for your free consultation from Collier Law Firm!

Workers' Comp - Whose Fault Is It Anyway?

With almost all cases which go to litigation, there is someone who is found to be at fault and someone who is identified as the victim. When you’re hurt on the job, this can be a scary thought. While obviously you are the one who has been injured, you may be worried about your company showing that you caused the injury in the first place. This is a common concern for people who come into our office. Thankfully, we have been working this type of case for many years and know exactly how to handle the issue of blame when it comes to workers compensation.

One thing that makes it a little bit easier for us is that workers compensation is a “no fault” insurance. This means that in most cases there is no blame put on either party. Although it may have been a result of negligence on either group, this normally won’t affect your claim to reimbursement in whichever form is decided upon. Your reimbursement is typically paid out in one of two ways. This is either in wage reimbursement for the time you are out of work (which is typically two thirds of your normal salary), or in a lump sum. The lump sum is normally seen as compensation for either medical bills which may accrue or as payment for any partial permanent disability which may have resulted from your injury. Often in cases of workers compensation, both forms of payment are received by the victim.

Although the law states that an industrial accident is more or less a fact of life and therefore the fault of no one, many employers do take it upon themselves to go above and beyond what it required of them in regards to compensation. While they are required to pay for medical and rehabilitation services for anyone who is hurt under their care, many will also pay for work-hardening services which make it easier for the victim to return after a doctor has cleared them. This is because it has been shown to have a good investment turnover in the long run.

Although worker’s compensation does not find any specific person at fault, this doesn’t mean you shouldn’t hire an attorney to help you get everything you deserve. If you have been injured, call Collier and schedule your free consultation today.

Sustaining a Personal Injury at Work - Workers' Comp

While work is often hectic and crazy enough for most of us, it is certainly worse when you get hurt. Sustaining a personal injury at work is always a confusing and stressful time. There is always concern about where the money for treatment will come from and how you will continue to support yourself and your family while you are out of work. Thankfully, there have been laws put in place over the past century around the world which help to solve these exact problems. How lucky for you that Collier Law Firm specializes in these exact laws.

If you have been recently injured at work, you may have asked questions about what payment you can get through your employer. The chances are that you have been told that the only compensation that you will be able to receive is that from your company’s workers compensation insurance plan. While this is true in most cases, there are some situations in which you may be able to seek additional payments from a third party. While this doesn’t apply to every injury, it can certainly help you to gain more compensation in the event of a lengthy injury.

Some of these situations do involve injuries sustained while using a product. The chances are that if you were not harmed while operating something or working with a substance, you will not be able to collect from a third party. However, read on to see if you have a claim which you can file for additional compensation.

If you were harmed while using a product or device that was produced by a third party due to something going wrong with it, you may be able to seek payment from the manufacturer of that product. This is only accurate if the product was somehow defective or if the warnings were not accurately conveyed to you or your employer. Similar situations may occur if you were injured due to a toxic chemical. Whether the injury is acute (immediate) or latent (delayed), you may be able to seek payment if an injury or illness occurs.

In many states, any money that is won on a third party case must go to your employer’s insurance carrier as repayment for what they have sent to you. Sometimes, however, you get to keep what you have won. Call Collier today and see what we can do for you.

What Is My Workers' Comp Claim Worth?

Once you are hurt on the job, there are many things that go through your head. While your thoughts normally should be on getting back to your old self, this often doesn’t work. Being injured is stressful and scary and seeing any medical bills that result from the injury can just add to these negative emotions. All of those dollar signs can keep you up at night and may even become an obstacle to your renewed health. While most doctors will tell you not to worry about that, it seems almost impossible not to especially if you are out of work for an extended period of time.

One of the first questions we normally get here at Collier is “How much am I going to get?” While we would love to be able to answer that question with an exact figure, the truthful answer is we just don’t know. There are many mitigating factors which go into a workers compensation case and it is almost impossible to predict just how much a client will come out with. You can rest assured, however, that we will work to get you as much compensation as possible under the laws which we have at our service.

One good thing is that some of these laws make it easier to calculate a base amount of money which you can receive. For example, once lost wage compensation is paid out, you will find that the average weekly rate is sixty six percent of your pre-injury pay. This is equivalent to two thirds, and as of 2017 the weekly amount is not meant to exceed $978.00. This maximum rate does change every year, however, and so if your claim lasts longer this amount will need to be adjusted. In the state of North Carolina, you are able to claim this weekly payout until you are able to return to work.

We know this information may not be what you were looking for under this title, but there are too many differences from case to case for us to give a confident and accurate number in an article. This is why we make ourselves available to schedule your free consultation with us. We want to do all we can to help you, and this is one of the best ways we know how. Call today and see just what we can do to protect you financially.