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Tuesday, March 01, 2011

We Can Win this Fight

Here is a video of my firend and colleague Senator Doug Berger speaking in January at the Triangle Legislative Breakfast.

Please call or write to your State Representative and the Governor's Office.  Let them know that you do not support any reform that will take away the rights of injured workers. 

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Tuesday, March 01, 2011

West End Firefighter Paralyzed...How Workers' Comp "Reform" Could Have Devistating Results

Before beginning, let me say that my thoughts and prayers are with the firends and family members of Don Hughes and all of Ameirca's Finest and Bravest who put their lives on the line for our safety every day.

Last week, Mr. Hughes was working in his capacity as a Volunteer Firefighter for the town of West End, NC when the fire engine he was in overturned and left him paralyzed.  It appears that there is a 5% chance he will ever walk again.  Thankfully, Mr. Hughes will get workers' compensation benefits.  He should receive a weekly check and his medical bills should be covered by the workers' comp insurance carrier holding the policy for West End

What's troubling is that the current push for "reform" in NC would severely limit benefits for folks like Mr. Hughes and his family.  A cap at 500 weeks for benefits with no provision to help those with a catastrophic injury has the potential for devestating losses.  Don Hughes is 42 years old.  A cap of 500 weeks of benefits would put an end to his getting any help from workers' comp when he is only 51 years old.  With a 500 week cap, people with sever injuries like this would then have to look to Social Security, Medicare and Medicaid to get the medical treatment he needs and to get some money to support his family.  At this point, the burden shifts from the insurance company that is truly responsible for taking care of the Hughes family to the taxpayers of NC. 

Essentially, big business gets another bailout at the expense of the taxpayers, this is absolutely wrong.  We need to stand up for our police officers and firefighters to make sure that they do not have their rights gouged so that big business can pocket a few extra bucks. 

Please call or write to your State Representative and the Governor's Office.  Let them know that you do not support any reform that will take away the rights of injured workers. 

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Wednesday, February 09, 2011

NC Legislature to Intoduce Bill that Limits Rights of Injured Workers

It is now clear that the North Carolina Legislature will legislation to slash workers' compensation benefits. The future rights of injured workers all across this great state are now at risk. 

Your state representatives are being pressured by big business, insurance company lobbyists, the NC Chamber of Commerce and the National Chamber of Commerce to significantly reduce workers' compensation benefits to injured workers.

One of the changes being pushed is an artificial cap on the number of weeks of weekly benefits an injured worker can receive.  This law would stop benefits to an injured worker even if he or she is still disabled and unable to return to any type of work.  Another change being considered will force injured workers to take any type of job they can find if they can not return to what is currently called “suitable employment”.  Under this new legislation it appears that a person could be compelled into a job that pays less wages, provides less benefits and gives little room to advance.  The loss of income resulting from the job change would be capped and benefits would stop even if the person was still physically unable to return to the type of work they were doing before they were injured. 

We at the Advocates for Justice urge that you call and write your Representative and Senator and tell them to vote against any new laws that reduce workers' compensation benefits to injured workers.  These new laws are likely to pass if legislators do not hear from the people they represent. Tell them not to give in to big business and the insurance company lobbyists who want them to put profit before the rights of injured workers. I would encourage you to ask your family members and friends to also call and write.  If you are not able to speak with your representatives when you call, please leave a detailed message outlining your concerns.  Click Here to Find Yor Senator and Representative

Through the power of our collective voices, we hope to fight this legislation and fight for the rights of all workers in North Carolina. 

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Friday, September 19, 2008

REDA Claims in NC

I came accross this article the other day and thought it useful and informative.  For the most part, an injured employee cannot sue his/her employer in state court for injuries sustained in the course and scope of employment.  Workers' comp. claims are heard before a duputy commissioner from the North Carolina Industrial Commission. 

However, if an employee is fired from their job because they filed a workers' comp. claim, they may have a cause of action against the employer unter the Realiatory Employment Discrimination Act (REDA).  Unfortunately, as you will see from the article in the link below, this act does not have many teeth and most claims do not yield positive results.  I see this as an opportunity for people to contact their state senators and representatives and offer support for legislation that adds some real teeth to this act to protect workers who get fired because they were hurt on the job.

If you want to initiate a REDA claim, you must contact the NC Dept of Labor within 90 days of your termination to allow them to begin an investigation. 

http://www.charlotteobserver.com/573/story/191970.html

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Thursday, August 07, 2008

Arrest for Fraudulent Workers' Compensation Policy

This story broke this week in Raleigh.  If you work in construction, you should ask your employer about where their policy came from and have them make sure you are covered.   

http://www.newsobserver.com/news/story/1164818.html

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Previous Posts

Petition to the NC Senate, House and Gov. Perdue

We Can Win this Fight

West End Firefighter Paralyzed...How Workers' Comp "Reform" Could Have Devistating Results

Joining the Fight Against Employer Fraud…A Call for Real Reform in North Carolina Workers Comp Law

Workers' Compensation Reform Clashes With the Idea of Conservative Politics by Shifting Burden to Taxpayers

NC Legislature to Intoduce Bill that Limits Rights of Injured Workers

Workers' Compensation and the Current Health Care Debate

Underage Workers, Repetitive Motion Injuries and Rights of Undocumented Workers

REDA Claims in NC

Arrest for Fraudulent Workers' Compensation Policy

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2011

 

Law Office of Jesse Shapiro assists clients with Worker’s Compensation matters in the cities of Apex, Cary, Raleigh, Durham, Chapel Hill, Carboro, Pittsboro, Sanford, Carthage, Southern Pines, Troy, Greensboro, Graham, Hillsborough, Smithfield, Wilson, Goldsboro, Carthage, Pinehurst, Raeford, Fayetteville, Henderson, Lillington, Dunn, Angier, Fuquay-Varina, Holly Springs, Garner, Nashville, Asheboro and Siler City; and the counties of: Wake County, Guilford County, Johnson County, Orange County, Harnett County, Nash County, Wilson County, Lee County, Hoke County, Cumberland County, Alamance County, Montgomery County, Randolph County and Durham County.



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