Raleigh Workers Comp | Scudder & Hedrick

Compensation bill passes OK House

Posted on May 13th, 2010 No Comments

The previously proposed Oklahoma legislation to overhaul workers’ compensation recently passed in that state’s House of Representatives. Senate Bill 1973 will change the current compensation legal system by removing two of the judges from the court, taking the total number from ten to eight. Additionally, these judges will be limited to a single term of six to eight years, although current judges will be offered a single reappointment for an eight year term.

The legislation, if passed in the Senate, will define “major cause” in compensation cases. Also, it will exempt employers from injuries suffered outside employment, removing liability from them in these situations.

The legislation passed through the House with a 64-33 vote, and came through without an additional amendment that would have entirely dismantled the previous Workers’ Compensation Courts system, and simply ran all cases through the district civil courts.

Oklahoma state legislators were optimistic about the law’s potential to help employers through a tough economic period and, over all, smoothen the entire process for everyone involved.

If you or someone you love as been injured while working, you may be eligible for a range of legal options. Contact the Raleigh workers compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311 today to learn more about your rights.

Indiana Supreme Court Sides With Farmers in Workers' Comp Lawsuit

Posted on May 7th, 2010 No Comments

The Indiana Supreme Court has ruled that an insurance company was wrong in denying coverage to an injured employee of an independent contractor under a farm personal liability policy.

According to court documents, Indiana farmers Rick and Katrina Taylor held a farm personal liability policy issued by Everett Cash Mutual Insurance Company and filed for coverage of injuries sustained by an employee of an independent contractor that was hired to paint a house, grain bin, and barn on their property. The Taylors sued Everett Cash for breach of contract after the company denied the claim citing an exclusion for workers’ compensation in the liability policy.

The court explained the case in its decision saying “on July 1, 2005, the Taylors employed independent contractor Sherlock Contract Painting… While painting, Sherlock employee Christopher Collis sustained injuries when he was shocked by an electrical wire and fell from a ladder… Collis filed a workers’ compensation claim against Sherlock.”

The court denied Everett Cash’s request for a summary judgement.

If you or someone you love has been injured on the job, you may be entitled to compensation from your employer to help cover the costs of your losses. To learn more, contact the Raleigh workers’ compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311.

Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer Raleigh Worker's Compensation Attorneys, Raleigh workplace injury attorney

Exclusive Remedy Provisions in Workers' Compensation Laws

Posted on May 7th, 2010 No Comments

Workers’ compensation is a no-fault system in which workers are provided with benefits in they are injured in the course of their duties.

As a no-fault system, an employee does not have to prove that an employer was negligent to recover compensation. Additionally an employee’s negligence does not prevent them from receiving workmans comp benefits.

Workers compensation is designed to protect workers, but it also precludes them from suing employers in most cases. Provisions such as these are built into most state’s workers compensation laws and are called “Exclusive Remedy Provisions.” These provisions mean that if you are injured on the job the only way to obtain compensation is to file a workers compensation claim, which limits recovery as an employee is not entitled to punitive damages.

Injuries on the job can be common if appropriate safety measures are not taken to protect workers. If you or someone you love has been injured on the job, you may have a rightful claim to workers’ compensation for your injuries. For sound legal advice and assistance regarding your injury claim and workers’ compensation rights, contact a Raleigh workers’ compensation attorney of Scudder & Hedrick, PLLC, today at 919-851-3311.

Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer Raleigh Worker's Compensation Lawyers, raleigh workers compensation

Injured Hot Air Balloon Pilot Denied Workers' Comp

Posted on April 9th, 2010 No Comments

A pilot of a hot-air balloon that crashed into a Vancouver-area trailer park three years ago, killing two people, has been denied workers compensation.

Stephen Pennock as the pilot of a balloon, carrying 13 people, that caught fire just before liftoff, snapped its tether and smashed down onto a trailer park. According to documents from a recent Worksafe review decision, the pilot has faced numerous problems since the incident, including burns to his body, and injuries from heat in both lungs.

Court documents show that the pilot also suffers from post-traumatic stress disorder and depression problems. Doctors say these problems are unlikely to improve until his legal issues are resolved.

The pilot told a review board that he has been living off credit cars and the sale of personal property for two years while he waited for temporary benefits to be paid. The review board, however, upheld a previous finding that the pilot had recovered from his physical injuries by January 2009.

If you or someone you love has been injured at your job, you may be entitled to compensation from your employer to help cover the costs of your losses. To learn more, contact the Raleigh workers’ compensation lawyers of Scudder & Hedrick, PLLC at 919-851-3311.

Raleigh Social Security Lawyer, Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer raleigh worker injury, raleigh worker injury lawyer, raleigh workers compensation

Plant set to close after explosion that killed four workers

Posted on March 26th, 2010 No Comments

A manufacturing plant in Garner is set to close after an explosion last June that killed four workers and injured many others.

ConAgra Foods announced earlier this month its plans to close the factory, which is still damaged after the explosion. The plant will relocate to Troy, Ohio, a move that will eliminate 450 jobs in the area. Many of the workers affected by the plant closing are those who were injured in the blast as well as those who worked to get the plant back up and running after the accident.

Raleigh Workers Comp, Raleigh Workers' Comp Attorney raleigh worker injury, raleigh worker injury lawyer, raleigh workers compensation

Company Celebrates No Injuries

Posted on March 19th, 2010 No Comments

Southern Industrial Constructors, one of the region’s largest employers, announced Friday that it reached 18 months with no lost time due to worker injuries or accidents. The company began a new safety initiative in 2008 which charts progress through regular safety reports.

Heavy industry and specialty contracting companies usually face a higher percentage of worker accidents. The company has more than 750 employees around the country and provides consistent on-the-job training. Officials say they put a lot of effort into monitoring safety.

In North Carolina our workers’ compensation program is based on the belief that employees should be able to receive full medical treatment for their injuries. If you or someone you know has been injured on the job, the Raleigh workers’ comp lawyers of Scudder & Hedrick, PLLC, can help. Please call our offices at 919-851-3311.

Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer

Court Approves $6.2M Sears Workers' Comp Settlement

Posted on March 12th, 2010 No Comments

A court has approved the distribution of a $6.2 million compensation fund after Sears, Roebuck & Co. was found to be in violation of the Americans with Disabilities Act.

In the lawsuit, the United States Equal Employment Opportunities Commission accused Sears of maintaining an inflexible workers’ compensation leave policy. The company was terminating employees instead of providing them with reasonable accommodations as required by law. The $6.2 million settlement is the largest Americans with Disabilities Act Lawsuit in Equal Employment Opportunities Commission history.

The terms of the accord asked that employees terminated by Sears under the workers’ compensation policy to report the extent of their impairments, their ability to work, and whether Sears made any attempt to return them to work. The EEOC determined that 235 individuals were eligible to share in the settlement. The average award was just above $26,000.

In North Carolina our workers’ compensation program is based on the belief that employees should be able to receive full medical treatment for their injuries. If you or someone you know has been injured on the job, the Raleigh workers’ comp lawyers of Scudder & Hedrick, PLLC can help. Please call our offices at 919-851-3311.

Raleigh employment attorney, Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer

Officer Chiafari Testifies in Workers' Comp Legislation

Posted on February 26th, 2010 No Comments

The Connecticut police officer that was denied workers’ compensation for the post traumatic stress he suffers following a chimp attack testified Thursday to amend the current law in his favor.

Officer Frank Chiafari responded to a call of a chimp attack last year. When he arrived at the scene the chimp, named Travis, attacked the officer and attempted to pull him out of his squad car. Chiafari was forced to shoot the animal. Chiafari’s superiors filed a claim on his behalf for workers’ compensation for the post-traumatic stress that still affects him. The claim was quickly rejected five days later because state workers’ compensation law does not cover police officers claims if they shoot an animal.

Chiafari testified before the legislature’s Labor and Public Employees Committee, hoping to persuade members to vote in favor of an amendment that would permit police officers who shoot attacking animals to submit workers’ compensation claims. “I came this close to getting ripped apart myself, and I can’t get that out of my head – seeing [Travis'] face coming at me with bloody teeth…” Chiafari told the committee.

If you or someone you know has been injured on the job, please contact a Raleigh workers’ compensation lawyer of Scudder & Hedrick by calling 919-851-3311.

Raleigh employment attorney, Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer

Judge Expands Workers' Compensation Lawsuit

Posted on February 12th, 2010 No Comments

A lawsuit filed against the Ohio Bureau of Workers’ Compensation has dramatically expanded following a decision by a Common Pleas Court.

The lawsuit was originally filed in 2007 by seven small Northeast Ohio businesses alleging that the bureau’s group discount plan illegally offers below-cost rates to group members and overcharges businesses that don’t qualify for a group. The recent decision by Judge Richard McMonagle reclassified the case as class action, allowing for 100,000 business statewide to seek upwards of $1.5 billion in restitution.

Attorney Stuart Garson, who represents the Ohio small business owners, said the new ruling “makes the restitution claim feasible on behalf of the approximately 100,000 small businesses that were adversely affected by the BWC’s group rating program.”

If you or someone you know has been injured on the job contact a Raleigh workplace injury lawyer to help you obtain the full compensation you deserve. Please call a Raleigh workers’ compensation attorney of Scudder & Hedrick at 919-851-3311.

Raleigh Workers Comp, Raleigh Workers' Comp Attorney, Raleigh Workers' Comp Lawyer