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medical recordsThere several steps involved in a North Carolina workers’ compensation claim that a claimant must complete before receiving an award of benefits and reimbursement for medical expenses.  For example, the reviewing judge will scrutinize all medical evidence that the parties present and determine whether your injury is the direct result of your work duties. As dedicated work injury lawyers, the attorneys at Maurer Law understand how important it is to abide by all applicable procedural rules and to present your claim in the most favorable manner possible.

In a recent appellate opinion, the court considered whether a lower court made an appropriate determination regarding whether a welder’s lung disease was the direct result of his job duties and functions. The man’s welding job required him to perform a type of welding that produced large volumes of smoke and fumes. In 2009, he was diagnosed with chronic obstructive pulmonary disease (COPD) and pulmonary impairment. His doctor told him that the condition was caused by or contributed to his employment and welding activities. He was awarded social security benefits starting in May 2010.

Next, the man went to work for a temporary staffing agency and spent 80% of his time working each day. His assignment lasted 18 days over a one-month period. In January 2011, the worker filed a claim for workers’ compensation benefits and named several of his prior employers regarding his COPD. All but the temporary staffing agency entered into a settlement with the man.

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parking lotKnowing when and how to file an appeal after a ruling in a case is a critical step to preserving your rights. If you do not comply with the appeal procedures, you will lose your right to appeal. There are many different ways and times during the proceedings that you can file an appeal. As knowledgeable North Carolina personal injury lawyers, we have handled numerous trials on behalf of injured residents and understand how to help you protect your rights.

In a recent appellate opinion, the court considered whether the plaintiff properly appealed from a partial summary judgment order dismissing her claims against two defendants in a wrongful death action that she asserted after her husband was killed in a car crash. The crash happened when a dealership allowed a relative of a vehicle buyer to take the newly purchased vehicle from a dealership lot. The relative crashed it into the back of the decedent’s vehicle, pushing him into oncoming traffic. The decedent’s wife brought a wrongful death claim against the vehicle buyer, the relative, and the dealership. All defendants brought motions for summary judgment and the trial court granted the dealership’s motion. The plaintiff appealed this ruling while her claims against the vehicle buyer and the relative remained.

Because the plaintiff still had pending claims against other parties in the lawsuit, the appeal was classified as an appeal from an interlocutory order, which means the order only resolved some of the claims in the action and not the entire action as a whole. In most situations, there is no immediate right to an appeal from interlocutory orders. In seeking her appeal, however, the plaintiff failed to comply with N.C. Gen. Stat Section 1A-1, Rule 54(b), which requires a trial court’s certification that an order is appropriate for immediate appellate review.

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motorcycle helmetsMotorcycle accidents can lead to some of the most debilitating injuries. In the worst cases, the victim loses his or her life as a result of a driver’s negligence. As competent North Carolina motorcycle accident lawyers, we have assisted countless individuals with understanding their right to compensation after losing a loved one in an unnecessary and tragic crash. One of the most challenging aspects of resolving the situation is negotiating with insurance companies, who don’t always have your best interests in mind. While you and your family are coping with the sudden tragedy, we will work with insurance companies to fight for your rights and to protect your interests.

A recent North Carolina appellate opinion discussed the applicability of insurance in a crash that involved a motorcyclist and his passenger. The driver of a passenger vehicle containing three passengers lost control of her vehicle, which then collided with the victim’s motorcycle. The motorcycle rider and his passenger died as a result of the crash.

The defendant’s policy provided liability insurance with limits of $30,000 per person and $60,000 per accident. The insurer distributed the coverage to the passengers in the passenger vehicle and to the estates of the motorcyclist and his passenger. The victims’ estates received $17,928 each. The victim also had an insurance policy that provided underinsured motorist coverage with a limit of $100,000 per person and $300,000 per accident. The policy was distributed to the victims’ estates in the amount of $82,072 each. Ultimately, each estate received a total of $100,000 for both policies, which comprised the per-person limits of the underinsured motorist policy for the victim’s insurance.

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medical assessmentWork-related injuries can be very complex and it can be difficult to determine the full extent of the harm at the moment the injury happens. Ensuring that you receive the medical treatment and diagnoses that you deserve is a key part of any workers’ compensation claim. At Maurer Law, our North Carolina workers’ compensation lawyers have handled countless claims involving a broad variety of injuries. We are standing by and ready to help you seek the compensation that you deserve.

In a recent workers’ compensation claim, a worker was injured while working as a lead installer for a security systems company. The worker reported feeling a sudden pop and the onset of pain in his lower back while lifting some hardware. A few days later, he went to an urgent care facility to receive treatment. The doctor recommended that he switch to light-duty work and receive physical therapy. He filed a claim for workers’ compensation benefits, which the employer accepted.

Soon thereafter, he returned to the same doctor, reporting ongoing pain in his lower back and buttocks but indicated that the physical therapy was helpful. Over the following months, however, he indicated that his pain worsened. His treating physician recommended work conditioning but the man could not complete it due to bladder incontinence. He eventually saw a doctor about the incontinence, who concluded that it might be related to his back injury and that he should seek a second opinion. The insurance carrier denied the worker’s request for consultations with a neurosurgeon and orthopedist, but the worker went and saw them anyway. The exam revealed that he suffered a lumbar disc desiccation that required surgery. The man returned to the physician a while later and reported symptoms that suggested he was suffering from deep vein thrombosis (DVT).

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car accidentMotor vehicle accidents of any kind are a difficult experience for the victim and his or her family, but they are particularly horrendous when the victim loses his or her life as a result of the crash. Our dedicated team of North Carolina wrongful death car crash attorneys has assisted numerous families with understanding their legal rights following the sudden and painful loss of a loved one.

A recent North Carolina appellate court opinion discusses a wrongful death case involving a motorcyclist. In the action, the administrator of the decedent’s estate filed a negligence action against the at-fault driver alleging that his negligence caused the decedent’s death.

The accident occurred when a commercial truck collided with a motorcycle. Both drivers were residents of Kane County. The crash took place roughly one mile from the county line with Cook County. Paramedics from Kane County treated the motorcyclist, who was dead at the time he arrived at the hospital. The Kane County coroner performed an autopsy. Four of the five witnesses to the accident resided in Kane County. The Kane County sheriff’s department investigated the accident.

After the action was commenced, the defendant filed a motion to transfer venue from Cook County to Kane County based on forum non conveniens, which is the legal doctrine that helps courts determine whether a particular action should be located in a specific venue based on several factors. A party can seek a venue change based on this doctrine when the chosen venue would pose an undue hardship to the defendants. There are several factors involved in making this assessment.

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park grateNegligence claims can be complex, especially when they involve government entities. If you are bringing a North Carolina personal injury lawsuit against a government entity seeking compensation for your injuries, there are specific rules and procedures that you must follow that are different from bringing the same claim against a private individual or business. At Maurer Law, we have handled numerous government torts and are prepared to help you ensure that you assert your rights to the fullest extent.

The North Carolina appellate court recently considered a dispute involving the Tort Claims Act. The plaintiff was injured after she deviated from a crosswalk and cut across a grass median at which point she stepped into an uncovered storm drain and fell five feet underground. The plaintiff’s husband dropped her off to go jogging and returned later to pick her up. The plaintiff admitted that she deviated from the crosswalk when she saw her husband’s vehicle approaching.

She brought a claim against the North Carolina Department of Transportation pursuant to the Tort Claims Act and filed it with the Industrial Commission. She alleged that DOT negligently failed to inspect and maintain the drain because the cover that would have been on top of the hole was lying a few feet away.

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workers compIt is common practice for employers to loan out employees to assist with other projects or jobs. This can create wonderful opportunities for employees, but it also creates issues when it comes to determining which employer is liable for any injuries that the employee suffers on the job. At Maurer Law, our team of dedicated North Carolina workers’ compensation lawyers has handled complex claims involving many different types of injuries and we are ready to assist you.

In a recent appellate opinion, the court considered a claim involving an employee who had been loaned out to another company. The owner of a South Carolina-based company needed help with a construction project in Florida and contacted his friend who owned a North Carolina-based company to request additional workers. The plaintiff worked for the North Carolina company and volunteered to work at the Florida job site. According to the arrangement, the South Carolina-based company agreed to pay the North Carolina employees at the completion of the job. On the job site, the worker fell while lifting furniture to the second floor of a building, sustaining multiple injuries.

The plaintiff filed a Notice of Accident requesting compensation for his injuries from his North Carolina employer’s insurance carrier. The South Carolina company’s insurance carrier had refused to pay compensation to the plaintiff for his medical bills, which totaled over $350,000, and disability benefits exceeding $44,000. The North Carolina insurer filed a request to add the South Carolina insurer and to have it be held liable for the employee’s expenses and benefits.

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Filing a claim for workers’ compensation benefits is merely the first step in receiving the financial support that you need and deserve after an accident at work. Your employer’s insurance carrier may contest your claim or seek a denial of certain benefits or items of compensation. Having a seasoned North Carolina work injury lawyer on your side can make a substantial difference when it comes to proceeding through the claims process smoothly and efficiently.Legal News Gavel

In a recent court opinion, an injured employee appealed the denial of her workers’ compensation claim seeking benefits for her disability and compensation for her medical treatment. The plaintiff worked for an employer that contracted to provide food services to a nursing home. The plaintiff worked in the nursing home and was often required to lift up to 50 pounds and to replace or remove heavy items on a shelf overhead. The plaintiff suffered an injury after slipping on a wet floor and falling on her left knee, arm, and hand. The plaintiff was taken to the emergency room and diagnosed with an injury to these areas. She was prescribed pain medications and a sling for her left arm. She was also prohibited from lifting more than five pounds.

During a subsequent medical examination, the plaintiff was diagnosed with a probable rotator cuff tear and a bruised knee and wrist. The restriction on lifting was maintained, and she was prohibited from pushing or pulling more than 10 pounds. The plaintiff underwent more examinations and treatments, including surgery.

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The North Carolina workers’ compensation system is complex, and there are many different requirements and legal rules that could affect your ability to recover benefits. At Maurer Law, we have the experience it takes to assist injured workers with receiving the fair treatment they deserve after a work-related injury.Legal News Gavel

In a recent claim appeal, the court considered whether an employee’s injury was compensable in light of a dispute regarding whether it arose out of his employment duties. The plaintiff worked as a press operator for a manufacturing plant for 28 years. On the day of the injury, it was very hot, and he arrived for his shift in the afternoon after spending the beginning of the day tilling potatoes. Toward the end of his shift, the plaintiff collapsed. He did not remember what happened leading up to his collapse and loss of consciousness. The plaintiff received treatment at the hospital, and an MRI test showed that he incurred an injury to his right shoulder as a result of the fall, which required two surgeries.

The plaintiff filed a claim for workers’ compensation benefits that was initially denied. The plaintiff sought a rehearing, and the Commissioner concluded that the plaintiff’s injury did not arise out of his employment, so the injury was not compensable. The plaintiff appealed.

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Some car crashes are relatively straightforward. Others are complicated and give rise to complex legal issues that require the experience and knowledge of a seasoned North Carolina car accident attorney. Whether you are simply wanting more information about your legal rights or you are prepared to take action, we are standing by and ready to assist you.Legal News Gavel

A recent North Carolina court opinion highlights one example of how car accidents can raise complex legal issues. The plaintiff was injured in a crash in 2008 while driving a Land Rover. The plaintiff’s vehicle was hit by another vehicle when the plaintiff was turning at an intersection. The plaintiff contacted the car maker after the crash to find out how he should have his vehicle repaired. When he took his vehicle in for repairs, he stated that he was concerned there was serious damage that could not be seen externally. One month later, the plaintiff picked up his vehicle, but no repairs had been made by the auto body shop that the plaintiff contacted. Instead, the defendant’s auto body shop had performed all of the repairs.

On the way home, the plaintiff noticed several issues with his vehicle, and when he arrived home, he found significant problems that had not been repaired. He contacted the auto body shop and returned the vehicle for further repairs. The plaintiff contacted the at-fault driver’s insurer and requested that they pay for the repairs. The plaintiff rejected the insurer’s initial offer on the basis that it was insufficient.

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