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Contact the Law Offices of James Scott Farrin 1-866-900-7078

Why Can’t I Settle My Workers’ Comp Claim Myself?

If you have a serious work injury, you are likely to be removed from work and could potentially spend a significant amount of time going to doctor visits and therapy to rehabilitate your injuries. You may have faced a lengthy recovery following a surgical procedure. During this time, you may have thought your case was going great. After all, your benefits are coming in regularly, your medical treatments are being paid on time, and maybe your employer is even working with you by providing light-duty work. They’ve given you no reason so far to doubt that when it comes time to settle, they’ll also take good care of you.

So why worry about settling your claim without a lawyer’s advice?

Beware when it comes time to settle

What happens when your doctor releases you and you are not able to go back to your job?  Maybe you were released but you are still having pain, swelling, or other symptoms that make it difficult for you to perform your previous duties. What happens to your workers’ compensation benefits?

It’s at this stage when employers and insurance companies might put pressure on the injured worker to close out or settle their claim. Insurance companies might suggest that you get a second opinion. Yet, they might also tell you which doctor you should see. Sometimes without seeming regard for whether the doctor has the expertise, you may need. I know of a situation where an injured worker had a severe wrist injury, an operation which resulted in an extended healing period. She wanted a second opinion and the workers’ comp insurance company sent her to an allergist!

Settlement Time is When You Must Fish or Cut Bait

A settlement is a complete end to your rights for further workers’ compensation benefits. This means the insurance company would not have to pay for any further medical care or benefits, even if you cannot return to work due to your injury.

You want to make sure you have strong legal representation during settlement negotiations.

Based on my experience, the goal of some insurance companies when settling is to try to cut their liability to the injured worker for as little money as possible. If you don’t have good legal representation fighting for you, one who knows workers’ comp laws and its many interpretations and nuances, this could mean you could be left without adequate health care protection and without enough money to cover your living expenses until you find another suitable job. We’ve seen situations where people have settled on their own, not realizing the consequences, put entire families in a downward spiral.

North Carolina Workers’ Compensation Laws Provide Protection

While our state’s workers’ compensation laws provide some protection, it can take a workers’ compensation lawyer who really understands these laws to try to make sure you are adequately and properly protected.

For example, the law says you are allowed to obtain a second opinion with a physician you can choose. If you need further treatment, you can apply for medical care even if the doctor your workers’ comp insurer sent you to release you from medical care.

Your other doctor may point out that your injury has made it more likely you will need further surgery. Let’s say you injured your knee. It may now be more likely that you will need a knee replacement at some point as a result of your work-related injury. This could be a surgery that workers’ compensation insurance would be responsible for covering. Whether that replacement occurs two months after the initial injury or two years. If you do not have medical doctors that are able to adequately explain any future complications you may face because of your injuries, there is no way to receive compensation for those potential medical needs.

You may not be able to return to the type of job you had before you got hurt. In any case, where a worker has permanent work limitations or restrictions, it is important to understand how that could impact their ability to return to a full-time job. A settlement in those cases must take into account those potential benefits because of the long term difficulty the worker may face getting back to the wages they earned before getting hurt.

The law also states that consideration must be given concerning the possibility for re-training, further education, or vocational rehabilitation before injured employees return to a job suitable to their new restrictions. North Carolina workers’ compensation laws make these and other services available to injured workers if they cannot return to their pre-injury position.

The purpose of the workers’ compensation system is to try to help restore an injured worker as near as possible to their pre-injury earning capacity. This means both medically and in terms of their ability to return to a job.

A settlement for a discounted amount could potentially leave that injured worker and their family in a financial spiral, facing long-term financial difficulties because their interests were not adequately addressed by the insurance company or potentially protected by an experienced workers’ comp lawyer.

If you are considering settling your claim or have been contacted about settling your workers’ comp claim, we strongly urge you to have an experienced North Carolina workers’ compensation attorney review your case to determine whether thorough consideration has been given to the complexities of your injuries and their impact on your ability to return to work at your same wages.

The Law Offices of James Scott Farrin Workers’ Comp Lawyers Offer FREE Case Evaluations

Why us? What makes us different? There are many good workers’ comp lawyers here in North Carolina. So why us? Click here for five heartfelt reasons that don’t have a lot to do with fancy credentials and memberships in organizations or affiliations. Click here for reasons that do have to do with the credentials and memberships in organizations or affiliations. We think both of these are important to consider.

If you've been injured at work, don't think you will necessarily get the medical and future benefits with your workers' comp insurance company just because your insurance company obeyed the law and provided you with out of work benefits.

Click here or call us at 1-866-900-7078 for a free evaluation of your case.

Kids Can Suffer Heat Stroke in a Hot Car in 10 Minutes. Here’s What to Know.

All of us know what it’s like to experience a hot car. The leather exterior of the steering can sometimes be too hot to touch and the stifling hot air makes it difficult to breathe. After just a few minutes, your heart rate begins to rise as your body tries to cool itself down.

Most of us wouldn’t sit in a hot car for more than a few minutes before turning the air conditioning on. But what if you were stuck in your car on a 90-degree day and you weren’t able to turn on the air conditioning? What if you were a child strapped into a car seat? Helpless.

Nationwide approximately 37 children die by overheating in cars every year. North Carolina ranks number 6 in the country since 1991 for hot car deaths, according to data from kidsandcars.org, an organization that advocates for stronger car safety measures for children.

I am a mom of a young child, and these statistics break my heart. Children cannot defend themselves against high temperatures like adults – their body temperature climbs three to five times faster. Even cool days can pose a threat. Every 10-20 minutes, the internal temperature of a car can rise 20 degrees.

Children have died in cars when the outside temperature was as low as 60 degrees.

Cracking the Windows Doesn’t Help

Some people believe that opening the windows will keep their child from overheating, but Kidsandcars.org asserts that lowering the windows does not help.

It is extremely important to make sure you always take your child out of the car with you, no matter how quick your errand may be.

As a busy single working mom, I certainly understand how some parents might think, “I’ll just run in and run out of the drugstore and it will only take a few minutes.” We’re busy and in a rush, and taking a child out of a car seat and putting him back in again can take time. Especially if the child is unwilling or sleeping.

Call 911 if a Child is Unattended in a Car

If you see a child left unattended in a car, take action right away by calling 911. If you notice signs of heat stroke, let the 911 operator know you plan to break the window to help the child cool down.

Signs of Heat Stroke

If you notice any of these signs, prompt action is in order.

  • Dizziness
  • Disorientation
  • Agitation
  • Confusion
  • Sluggishness
  • Seizure
  • Hot dry skin that is flushed but not sweaty
  • Loss of consciousness
  • Rapid heart beat
  • Hallucinations

How to Rescue a Child From a Hot Car

Check out this video from the Today Show that shows exactly how to rescue a child (or a pet for that matter) out of a hot car. It’s good info to know.

Half of Child Deaths in Overheated Cars Occur Because Someone Forgot

Most child deaths occur when parents unintentionally leave their infant in the car. Many parents are quick to assume that they would never “forget” their child in the backseat. But parents do forget. Parents of every background have forgotten their child in their car – it has happened to social workers, doctors, lawyers, police officers, soldiers.

52% of heatstroke deaths in cars occur because someone forgot a child was in the car.

As a parent, you’re probably used to a fast-paced and strict schedule. Some days, it may feel like you’re on autopilot – you’re so used to a particular routine that you don’t even consciously think about it. Any sudden new tasks can be difficult to remember to incorporate into your day. For instance, if you’re used to waking up and driving straight to work every morning, it may be easy to forget to drop off your child at daycare. These tragedies often happen during busy times – especially around holidays or schedule changes when parents are stressed and fatigued and forget more easily.

4 Ways to Remember Your Child Is in the Car

While it’s difficult to prevent stress and fatigue, there are several ways to help remember your child in the backseat:

  1. Put something you need (like your purse, employee ID, or cell phone) in the backseat next to your child, so that you’ll have to open the back door in order to grab it.
  2. Use drive thru services when available.
  3. Always keep your vehicles locked – even when they are sitting in your garage – so that your child can’t sneak inside and accidentally lock themselves in.
  4. A free app called Kars4Kids Safety is designed to act as an alert system for parents. A customizable alarm rings on your phone when you exit the car to remind you that your child is still inside!

Let’s spread awareness along with these helpful tips in order to try to ensure our children’s safety.

P.S. Your furry friends are at risk, too. Leaving your pet in a hot car can be extremely dangerous and have deadly consequences – animals may suffer heat stroke in as little as 15 minutes. Dogs are only able to cool themselves by panting and sweating through their paw pads, making them especially vulnerable in hot weather. If you’re running errands, it may be best to leave your pets at home.  

 

Things Aging Drivers Can Do to Keep Going

There is a group of drivers on our roadways whose hazardous habits are projected to worsen as they increase a by whopping 73% by 2030, according to the U.S. Census Bureau.

They’re out of control. Driving while distracted. Driving while impaired. Driving in conditions they shouldn’t be. Not obeying speed limits. And many admit to having taken drugs before getting behind the wheel!

These senior citizens today!

Elderly Drivers Cause More Deadly Crashes Than Teens

The reality is that deaths from senior drivers (85 and older) are four times higher than that of teen drivers, according to a Carnegie Mellon University and AAA Foundation for Traffic Safety study.

Based on data obtained from 1999–2004, fatality rates for drivers begin to climb after age 65. From ages 75 to 84, the death rate equals that of teen drivers. After age 85 is where we see fatality rates accelerate. For drivers 85 and older, the fatality rate increases to nearly four times that for teens.

Why Do Seniors Pose Such a Roadway Threat?

As they age, senior drivers may experience many conditions that may cause them to drive at a slow pace. They may suffer from arthritis and stiff joints and weakening muscles, making it harder to turn their heads and reducing the amount of pressure they can apply to the gas pedal. You might think that driving at a slow pace would be safer. That’s not necessarily the case.

According to Essurance.com people who drive slower than normal, in the left lane for example, may cause you to have to pass on the right. This could lead to confusion and disorganization which can potentially cause an accident.

Catching up to a slow driver creates dangers even in residential areas, if you have to suddenly stop. This could start a chain reaction of braking that could lead to accidents or road rage.

Vision Decline

A natural age-related decline in vision may make it harder to see people, objects, and areas in the peripheral vision. For some it can take longer to read street or traffic signs and recognize places, even familiar ones. Decline in night vision is particularly common among the elderly and headlight glare or street lights can pose a challenge. For some, the sun might become especially blinding at certain times of day. Medicines can also cause vision problems as can the onset of glaucoma, cataracts, and macular degeneration.

Hearing Decline

As you get older it can become harder to hear horns and sirens and even noises coming from your car potentially alerting you that something is wrong and you may need to pull over.

Slower Reflexes

As people age reflexes might become slower and you may have a shorter attention span. This might make it harder to multitask. Stiff joints or weak muscles also can make it harder to move quickly.

Eventually all of us age – unless, well the alternative happens. I’ll take aging thank you. Especially as today, there are a number of ways to try to overcome some of the problems many seniors experience on the road.

Here are some things from the National Institute on Aging to keep in mind as we age to try to keep yourself and others safer around you.

Safe Driving Tips for Seniors

  1. Did you know that there are driving rehabilitation specialists available that will check your driving skills? Occupational therapists can do the same. Who knows, you may get an all clear.
  2. Some car insurance companies may lower your bill if you take and pass a driver improvement course. Here are two resources to find driver courses near you through AAA and AARP. You can also check with your car insurance company.
  3. Remember when in doubt, don’t go out. Never try to drive in inclement weather that makes you feel uncomfortable like rain or snow. Wait it out or use public transportation or a driver service, such as Uber, Lyft, or even a taxi.
  4. Avoid highways or other high-speed roadways if you don’t feel confident using them.
  5. If you take medications, ask your health care provider if it is safe to drive while taking them.

How to Stay Mobile and Keep Your Freedom

Rightfully, many seniors worry that once they stop driving, they’re homebound. But communities across the nation are offering more of a variety of ways to get around without having to drive. Here are just a few ideas:

  • Free or inexpensive bus or taxi services for seniors
  • Carpool services for doctor’s visits, grocery shopping, the mall, hair appointments
  • Many religious and community service groups have volunteers on call who can drive you where you need to go
  • Car or driver services. (Remember, when you’re not paying for car insurance, maintenance, gas and other auto incidentals, this could end up being even cheaper than owning a car.)
  • Pay friends or family members to take you places. It could be the beginning of more meaningful relationships.

To find transportation services in your area call 1-800-677-1116, or
visit www.eldercare.gov to find your nearest Area Agency on Aging.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078