Are Part-Time Employees Eligible for Workers’ Compensation?

/in , , , /by

In North Carolina, employers must carry workers’ compensation insurance if they have three or more employees. If you work for a company with three or more employees, you should be covered under your employer’s workers’ compensation insurance if you are injured on the job, even if you are a part-time or temporary employee.

Father and Daughter on ComputerIf you are a part-time or temporary employee, the calculation of your workers’ compensation benefits will be the same as if you were a full-time or permanent employee. Your average weekly wage will be calculated to determine the amount of weekly benefits you should receive while your workers’ compensation case is pending.

For more information on how the average weekly wage is calculated, read our blog post explaining the process.

The Dangers of Facebook to Your Bankruptcy

/1 Comment/in , , , , , , , /by

Laptop KeyboardIf you’re reading this blog post the chances are good that you have a Facebook profile or account. If so, you’re not alone. Recent statistics reported by The Blog Herald indicate that there are now over 500 million Facebook users. Of those 500 million users, half of those users log in to their Facebook account every day. The average Facebook user has 130 friends and there are a staggering 30 billion pieces of content added each month. To fully understand that amount 30 billion looks like this when written out: 30,000,000,000.

So Why Does Facebook Matter to Your Bankruptcy?

Facebook is a window into your personal life. A bankruptcy Trustee, after filing bankruptcy, has the right and ability to look into that window.

When you file a bankruptcy you are required to disclose your assets and other important acts within certain time periods. If you fail to disclose the required information in your bankruptcy petition then you are committing a federal crime of perjury. You could face jail time and be fined large sums of money. Do I have your attention yet?

More and more bankruptcy Trustees are looking up debtors’ (people who file bankruptcy) social media accounts. It is so quick and easy to pull up information on social medias, it has become a logical part of the due diligence research that a Trustee’s office will complete.

Death Of A Bankruptcy Case Via Facebook

Let’s look at a common example. Husband and wife Donnie and Debra Debtors file a bankruptcy together. They fill out their bankruptcy petition and file it with the court. However, they chose not to list down some of their assets because they don’t want the courts to take it because they hope to give it to their children some day. Specifically, they don’t list down a 1957 Chevrolet Bel Air that has be restored and a whole life insurance policy with a substantial cash surrender value. Donnie and Debra show up to the creditors’ meeting and quickly realize they have some real problems.

Tom Trustee, who represents the people Donnie and Debra owe money to, has started paying a part time high school student to go online and after school and look up different debtors who have filed bankruptcy and see if they are showing assets that aren’t listed in their bankruptcy petition. Well, low and behold, the 16 year old high school student searching on Facebook has found some important information for the bankruptcy Trustee. Donnie and Debra have posted pictures on Facebook showing their newly restored 1957 Chevrolet Bel Air winning as “Best in Show” at a recent car show located in Charlotte, NC. In addition to that, Debra responded to one of her friend’s posts asking how to pay for college tuition by explaining that she and Donnie are withdrawing the cash surrender value from their whole life insurance policy to pay for their daughter’s freshman year in college.

Tom Trustee asks Donnie and Debra if they need to add anything else to their bankruptcy petition and they explain that it is accurate and complete. At that time, Tom Trustee begins to ask them about the assets not listed down in their bankruptcy petition, the car and whole life insurance policy. Stunned, Donnie and Debra first try to deny they have those assets but then the Trustee presents them with pictures printed off of their Facebook page. They eventually admit their failure to properly disclose assets.

Several weeks later Donnie and Debra are indicted and face federal charges of fraud and a fine of $150,000 by the federal government – money they don’t have because the Trustee seized both their “Best in Show” car and whole life insurance policy. Because Donnie and Debra didn’t tell their attorney about the assets they didn’t realize they could have protected both assets. The whole life insurance could have been fully protected because their children were the beneficiaries and the vehicle could have been exempted using a combination of their motor vehicle exemptions and “wild card” exemptions.

The Lessons To Be Learned

There are two important take-aways from this example. First, and most important, you should fully disclose your assets and be completely honest and forthcoming in your bankruptcy petition. The consequences of not doing so are not worth the perceived benefit. Second, tell your bankruptcy attorney about everything. Keep no secrets. If they would have discussed the concerns they had about their assets with their experienced bankruptcy attorney they would have known they could have protected their assets.

The Bottom Line: The purpose of this post is not to tell you to take hidden assets down but, instead, to encourage you to list the assets you have and discuss those assets with your bankruptcy attorney. Facebook and other social media sites are now used to confirm that you are being forthcoming within your bankruptcy petition.

What is the Coming and Going Rule in Workers’ Compensation?

/in , /by

Construction Worker Injured at Work in North CarolinaGenerally, North Carolina workers’ compensation law covers injuries that are sustained as a result from an accident that occurs during the course of employment. As you might imagine, there are plenty of gray areas to workers’ compensation law. One of the main elements that must be proven in a workers’ compensation case is that the accident which gave rise to the injury occurred during the course of employment.

Generally, injuries that arise from an accident that occurred when the employee was driving to or from work are not covered under workers’ compensation law – this is why it is called the coming and going rule.

However, there are a few circumstances where an employee’s injuries may be covered even if they were driving to or from work:

–       If you are a “traveling salesman” and do not have a set time that you come into or out of work every day

–       If you are on the employer’s premises when the accident occurs

–       If you drive a company vehicle or are reimbursed for travel expenses by your employer

–       You are running a special errand for your employer, even if it is in your personal vehicle

–       You are traveling for your job, for example, on an overnight trip

If any of the above circumstances applies, then your injuries may be covered under workers’ compensation law.

What You Need to Know Before Your Chapter 13 Phone Interview

/in , , , , , , , /by
Read more

What is the North Carolina Industrial Commission's Form MSC8?

/in , , /by

North Carolina Industrial Commission Form MSC8 is a mediated or compromised settlement agreement. This mediated settlement agreement sets forth the terms of the settlement agreement in a workers’ compensation case in North Carolina. The agreement stipulates certain agreed upon facts of the case which may include, but is not limited to, the following topics:

1) Whether the Defendants admit or deny compensability of Plaintiff’s claim.

2) Employment status of the worker. For example, has the worker returned to work, or is the worker still out of work due to the injuries?

3) Compromise settlement agreement states the total sum in dollars paid to the worker for the injuries. In other words, the dollar amount settled in this case.

4) The fourth section talks about the injured worker’s ability to receive disability benefits until this settlement agreement is approved by the North Carolina Industrial Commission.

5) This section deals with medical payments. Is the injured worker aware if there is a settlement agreement, he or she may be responsible for all future medical expenses pertaining to this case? When signing a compromised settlement agreement the Plaintiff acknowledges they will no longer have their medical expenses covered by the Defendants.

6) The sixth section discusses potential liens. It explains the Plaintiff has not put the Defendants on notice of any liens against the settlement proceeds and explains the Defendants will not be responsible for any liens.

7) This section deals with other interest. Basically the parties agree that this is a fair settlement.

8) The eighth section pertains to third-party claims. For example, health insurance claims.

9) This section deals with the mediator’s fees. Most of the mediator fees are paid by the Defendants if a settlement is reached at mediation.

10) This section pertains to the fact that only written promises in this agreement will be relied upon by the Plaintiff, or injured worker. No oral or verbal promises will be relied upon by the Plaintiff. In other words, unless it is in writing, no promises have been made.

11) The final section explains that all parties are bound by the language in the settlement agreement.

Eventually, the Plaintiff / Worker’s attorneys, the Plaintiff / Worker, the Defendants’ attorneys, and the mediator signs this agreement binding all parties to the terms of the agreement. It is important that you carefully go over Form MSC8 or Mediated Settlement Agreement because it contains the final language of your settlement agreement with the Defendants.

What Is A Form MSC2 in North Carolina Workers' Compensation?

/in , , /by

Construction Worker Injured at Work in North CarolinaA Form MSC2 is a form used for the North Carolina Industrial Commission. It is a petition or request for an order referring a case or claim to a mediated settlement conference. This form request that the Industrial Commission order the case to a mediated settlement conference. The form is usually requested by the injured worker or the employer.

A mediated settlement conference is a hearing in which the parties appear and try to come to a resolution of the workers compensation case before an actual Industrial Commission hearing is held. The form MSC2 must be served on all parties regarding the workers compensation case.

After a review of the form MSC2 by a Commissioner or the Deputy Commissioner assigned to the case, the Commissioner or Deputy Commissioner may enter an order referring this case to a mediated settlement conference. The Commissioner or Deputy Commissioner will set a deadline as to when the mediated settlement conference should be completed.

What is Form EC100 of the North Carolina Industrial Commission?

/in , , /by

Dad & Son

Form EC 100 of the North Carolina industrial commission is a form requesting compensation to persons erroneously convicted of felonies. Normally, the North Carolina Industrial Commission has jurisdiction regarding workers who are injured on the job.  However, in 1997 the North Carolina General Assembly charged the North Carolina Industrial Commission with the administration of compensation or persons erroneously convicted of felonies and who were incarnated based upon the erroneous conviction.

If a person was incarcerated and placed in jail, and later it was determined that person was wrongfully incarcerated and was not guilty of the crime (felony) charged against them, they have the right to ask the State to compensate them for the time served in prison or jail. This is pursuant to North Carolina General Statute § 148-82.

Under Form EC 100, the person erroneously convicted of a felony must petition the North Carolina Industrial Commission for compensation for the time served in jail or prison for the felony. The petitioner must also state the grounds for their claim of compensation. In other words, why should they be compensated for their time in prison for a crime they did not commit? The petitioner must also attach a certified copy of the Judgment of Convictions which resulted in the prison or jail time and a copy of a Pardon of Innocence signed by the Governor of North Carolina.

Upon completion of Form EC 100, the petitioner should then mail one original and two copies of Form EC 100 to the North Carolina Industrial Commission. The North Carolina Industrial Commission will then determine if the petitioner is entitled to compensation. You can contact a workers’ compensation attorney and they will usually be able to assist you in this process as well.