Topic: Workers’ Compensation

Your North Carolina Injury is Not the End of the World (Probably)–or At Least You Won’t Feel This Unhappy Forever

May 26, 2013, by Michael A. DeMayo

You’re deeply depressed by your recent North Carolina injury. Whether some idiot in a truck bashed your car by blowing through a stop sign, or a doctor misread your chart and gave you a medication that made you literally sick to your stomach, you are in pain. You are angry; you are confused; and you are deeply dismayed by your situation and the prospects for your future.

Obviously, what’s done is done. You can’t go back in time and undo the North Carolina truck accident or reverse the doctor’s negligent decisions. And you may indeed have a long road to hoe. You might never regain function of your leg. You might need to be in a wheelchair for the rest of your life. You might never be able to work as you once did. The brain damage caused by the accident may permanently limit your ability to be productive to two to three hours a day.

When you sit there and contemplate these scenarios–particularly the worst case scenarios–you can easily spiral into depression and apathy. This is really unfortunate. When you are depressed and/or apathetic, you may fail to take important kinds of action–such as contacting a reputable North Carolina mass tort law firm ASAP–because you feel too hopeless to persevere.

This is a shame, because science shows that our emotional immune systems are remarkably resilient.

Even IF a worst case scenarios plays out for you–e.g. you’re permanently hobbled by the accident or no longer able to work in a career that you love–these setbacks will not doom you to a lifetime of depression and unhappiness. Or at least they don’t necessarily mark you with that destiny.

That may sound very counterintuitive. But if you look at the research, those statements bare out.

Lottery winners notoriously experience euphoria for the first weeks or months after they win. But they ultimately wind up just as happy–and just as sad!–as they were before the pay day.

Likewise, people injured so severely that they are left as quadriplegics suffer extreme depression in the first few weeks and months. But they ultimately rebound to feel just as happy as they did before the devastating event.

This isn’t to say that you don’t have problems — that you shouldn’t feel depressed or anything. Rather, you should appreciate that your current emotional state is probably temporary.

Even more importantly, you need to avoid getting trapped by your emotions into “doing nothing” and/or into making impulsive and not-strategic actions that can have negative long-term implications for your finances and healthcare options.

To that end, consider connecting with the DeMayo Law team now at (877) 529-1222 for a free consultation, so that we can put you on a more strategic path with respect to your case.

Our Illogical Reactions to Superstitions: Really Important to Understand, If You Want to Fight Your North Carolina Class Action Optimally…

May 19, 2013, by Michael A. DeMayo

Whether your son broke his ribs in an SUV rollover, your husband tore his ACL on an amusement park ride, or you suffered a devastating home fire when your space heater malfunctioned, you understand you have the potential to take some kind of legal action and perhaps to participate in a North Carolina class action or mass tort lawsuit.

But you are confused about what to do next. Should you connect with a legal team like DeMayo Law or “deal with the situation yourself” — i.e. work directly with an insurance company?

Everyone has different needs and sensitivities and comforts. But it’s important to be rational rather than impulsive when you make a big decision like this.

We often play to our superstitions rather than to logical common sense.

Consider the diverse nature of our strange beliefs. Whether you are afraid of the number 13; you bet your wedding date when you play the lottery; or you worry about a black cat crossing your path or something along those lines, part of you recognizes that you’re being ridiculous with the superstitions.

You understand that that you are using “magical thinking” and not logic. But even when you “call out” your superstitions — call your own bluff — you may not be able to overpower your subconscious resistance. You may not, for instance, ever feel comfortable sleeping on the 13th floor of a hotel. If you’re Russian, you may refuse to shake someone’s hand when they reach through a doorway to you.

Depending on how deeply you hold strange beliefs, they can really hamper your life.

The point is that wrestling with such strange beliefs–even when you make those beliefs conscious and you appreciate that they’re clearly irrational–is more challenging than meets the eye.

As much as we should “trust our guts” in certain situations, we also need to learn how and when to challenge our intuitions in order to achieve best results.

To that end, if you have reservations about connecting with an attorney–or if you have some strange belief about why you are not someone who “does” lawsuits, reflect on that received wisdom. Are those concepts actually serving you right now?

Consider, for instance, the worst thing that could happen, if you got a consultation with attorney, versus the best thing that could happen if you did. That the more that you can shine rational light on your fears, the more you can move beyond them and make more compelling and useful decisions.

Class Action Lawsuits “Brewing” For Budweiser

May 13, 2013, by Michael A. DeMayo

Anheuser-Busch, the maker of Budweiser Beer, is facing a pretty serious class action lawsuit that alleges that the brewer watered down its products prior to bottling.

Thus far, plaintiffs in Texas, Pennsylvania, Missouri, New Jersey, Colorado, Ohio, and California have all filed suit against the beer manufacturer based on whistleblowing testimony from former high placed employees in the business–at 13 separate breweries.

Will a North Carolina class action against Budweiser be next?

Anheuser-Busch has fought back vigorously against the bad press–the company recently took out full page ads in The New York Times, The L.A. Times, and eight other major newspapers touting the fact that the company provided 71 million cans of drinking water to the American Red Cross and other disaster organizations. The cheeky headline read “they must have tested one of these.”

But a lead attorney in the case, Josh Boxer, shrugged off the newspaper ad blitz as a “classic non-denial…(the) alcohol readings, taken six times a second as the finished product is bottled, will confirm the allegations made by the growing number of former employees who keep coming forward to tell us the truth.”

In court, Anheuser-Busch will need to produce data on its internal and alcohol testing procedures. Ten different products are tangled up in the legal matter, including well-known brands like Budweiser, Michelob, and Bud Ice as well as more “exotic” brands, like Hurricane High Gravity Lager and Bud Light Lime.

Do you have a potential Charlotte class action lawsuit?

The team here at the Law Offices of Michael A. DeMayo can help you understand and defend your rights to get compensation. Depending on your circumstances, you may want to file a personal injury suit or a mass tort action. Our team can help you strategize and determine the most effective, accurate course forward. Call us now for a free consultation, and get clarity on what you need to do.

The End of the Beginning of Your Quest for Justice After a North Carolina Injury

May 10, 2013, by Michael A. DeMayo

In the hours and days since your North Carolina injury–or your family member’s injury- you have been in a mad scramble to get medical care and make sense of your options.

What steps should you be taking (or not taking) to manage the medical crisis, collect evidence, and deal with the urgent logistics in your life? Who is going to take care of the kids while you’re hurt? Who’s going to handle the big work project that you had to drop to deal with the catastrophe? How will you pay the mortgage now that you’ve spent thousands of dollars out of pocket on ambulance and hospital services?

After you wrangle these urgent details, you then need to scramble to recalibrate everything in your life. You will also need to find a way to deal with the tremendous challenges of finding appropriate representation:

  • Do you have a case or not?
  • If so, what should you do first?
  • Whom can you trust?
  • How can you evaluate different law firms against one another?
  • How can you work effectively with a law firm to make sure that you get clear answers and good communication throughout the process?

All of these urgent questions might be on your mind. And they all need to be addressed.

The several lining–if there is one–is that, once you do get all of these things taken care of, assuming you have done everything effectively, you should enjoy renewed peace of mind.

The great gift that a solid North Carolina mass tort law firm can provide is the gift of clarity.

Even though your life may feel like it’s in a million pieces right now–if you know exactly what’s going to happen next and what to expect; and if you have trusted people working on your behalf–much of the stress and agitation will lift.

Obviously, even a superb law firm is not going to magically make your injury go away or eliminate the anger and frustration you feel about what happened. But you should feel a sense of relief and security that you are moving in the right direction.

And when people feel like their lives are moving in a positive direction, they often see passed their immediate limitations and handle the process with more grace and patience.

Connect with the DeMayo Law team right now for strategic, insightful assistance with your Charlotte personal injury matter.

Letting Go of Timidity and Launching that North Carolina Class Action Lawsuit

April 26, 2013, by Michael A. DeMayo

Why have you yet to file a North Carolina class action lawsuit? Why haven’t you take action to protect your rights and to hold a dubious insurance company or narcissistic boss or negligent product maker to any kind of account?

After all, you have plenty of reason to want to take action. Exhibit A: your serious injury or your loved one’s serious injury. Exhibit B: your strong belief (perhaps supported by evidence) that someone or some institution has not played fair with you–either failed to warn you about some danger or put you in harm’s way due to negligence, misanthropy, carelessness, fatigue, or some combination of bad factors.

Yet you are restrained. You are not taking action.

Rather than beat yourself up over this, recognize this “timidity problem” is incredibly common among accident victims. The tort reform lobby likes to paint North Carolina personal injury plaintiffs as somehow overly entitled or venal. This stereotype is totally incorrect–and almost the reverse of what’s true.

Most people who get injured are extremely reluctant to take their fight to the court system, even when they have extremely good reason to do so.

The reason they’re so reluctant is that most people don’t like to make waves. They don’t like the idea of “suing” someone or some company. It sounds really aggressive. Plus, when you “sue” someone or put up any kind of legal fight, you need to jump through all sorts of hoops and possibly retain a North Carolina personal injury class action lawyer (which can be an intimidating proposition). Then you may need to get embroiled in a battle that puts your reputation on the line (or at least so you fear). Ultimately, you may not even get results.

Thus, you could fight very hard, get your hopes up and then see those hopes dashed.

No, the problem is not that too many people pursue legal action–it’s that timid people who should at least consider their options are intimidated from exploring their options.

Understand that it’s an act of tremendous bravery and courage just to pick the phone and connect with a mass tort law firm, like DeMayo, at (877) 529-1222. Calling our firm or any reputable firm may force you to abandon your comfort zone, temporarily. And when you are sick and injured or financially struggling, the last thing you want to do is “go out of your comfort zone” even more.

But recognize that you owe to yourself and your family to understand your rights and options, even if you never decide to act on them through the court system. First, seek help, and then make a more informed decision once you know your options better.

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury

January 16, 2012, by Michael A. DeMayo

A shooting at the McBride Lumber Co. claimed the lives of three people, injured another, and ended with the gunman putting a bullet in his head. The latter two remain in critical condition.

The North Carolina shooting incident happened on Friday in Montgomery County. All five people involved work at the lumber company.

According to Sheriff Dempsey Owens, there is a possibility that the shooter, Ronald Dean Davis, 50, may have been the target of harassment on the job. However, this theory has not been verified.

The victims who died are Jose Galdino Lopez Izquierdo, 25, Daniel Thomas Davis, 32, and a third person. Florentino Tellez Aparicio, 21, is still being treated at UNC hospitals.

North Carolina Workers’ Compensation

Employees injured while doing their job are entitled to North Carolina workers’ compensation benefits. Fault doesn’t have to be a factor for an employer to have to pay these benefits. That said, employers are still responsible for creating a safe, non-hostile environment that is free of any hazards or dangers that could cause serious injuries or deaths. Victims and their families also may have grounds for filing third party lawsuits against liable third persons or entities. You generally cannot sue the employer for North Carolina personal injury or wrongful death. For loved ones who have lost someone who was injured in a work incident, you should be entitled to death benefits from the employer’s insurer.

Friday’s incident is not the only shooting to recently occur at a North Carolina workplace. Charlotte-Mecklenburg police are searching for two men in connection with a robbery and the shooting death of Fast Wok restaurant employee Edward Rosen. The 52-year-old was fatally shot while working at the Charlotte, North Carolina restaurant earlier this month.

Of course, who can forget the deadly North Carolina shooting rampage that took place in 2009 when Robert Stewart stormed into the Pinelake Health and Rehabilitation Center and shot 11 people. 8 of his victim, one nurse and seven elderly residents, died.

Stewart was reportedly targeting his wife.  Last year, a jury convicted him of second-degree murder. He will spend the rest of his life in prison. North Carolina wrongful death lawsuits have already been filed over the catastrophic shooting.

Unfortunately, insurance companies can try to delay or reject your claim for North Carolina workers’ compensation or survivor benefits. To make sure that you receive the benefits that you are owed in a timely manner, you should speak with an experienced Charlotte, North Carolina personal injury law firm that handles work comp cases.

The Law Offices of Michael A. DeMayo represents clients in the North Carolina counties of Iredell, Gaston, Mecklenburg, Stanly, Catawba, Alexander, Cabarrus, Rowan, Union, Burke, Lincoln,  Scotland, Robeson, Anson, Cleveland, Richmond, Caldwell, and Cumberland and the South Carolina counties of Lancaster, York, Marlboro, Chesterfield, and Dillon.

Victims of Star Shooting Spree Identified, North Carolina, WRAL, January 17, 2012

Chinese restaurant worker shot, killed during robbery in Charlotte, January 15, 2012

3 Killed in North Carolina workplace shooting, January 13, 2012

More Blog Posts:

North Carolina Nursing Home Shooting Rampage: Man Found Guilty of Second-Degree Murder, North Carolina Injury Lawyer Blog, September 12, 2011

North Carolina Workers’ Compensation Lessons: Getting over the Fear of Asking for Help, North Carolina Injury Lawyer Blog, January 14, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011

 

Worker Killed in Charlotte, North Carolina Construction Fall Accident

October 31, 2011, by Michael A. DeMayo

A worker who plunged three stories off a roof has died from his Charlotte, North Carolina construction accident injuries. The Mecklenburg County fall accident occurred at the Pike Energy Solutions building on October 26.

At around 8am, the worker and a garbage shoot that was located on the roof both fell off the top of the building. The worker, who ended up in an industrial sized dumpster, was pronounced dead at the Charlotte, North Carolina fall accident site. The Occupational Safety and Health Administration (OSHA) is investigating the deadly incident.

Unfortunately, falls are one of the more common causes of construction accident fatalities. Statistics show that 30% of construction deaths a year are a result of falls from roofs, scaffolds, cranes, through elevator shafts, holes in the floor, and because of falling objects.

Construction crews and their companies should make sure that safe working conditions are implemented at all times—especially when the work is being done off the ground and at elevated heights. Are harnesses required? Should there be barricades put up? Is the area safe enough to have people working there? Are safety equipment and tools free from any defects that could cause them to fail?

Fall accidents can lead to serious injuries, including traumatic brain injuries, broken bones, spinal cord injuries, internal injuries, blunt trauma injuries, and even death. While you cannot sue your employer for your Charlotte, North Carolina construction accident injury, many construction jobs usually have other parties involved in the project. Negligence on the part of these third parties could allow you to seek North Carolina personal injury or wrongful death damages, as well as obtain North Carolina workers’ compensation benefits from your employer.

At the Law Offices of Michael A. DeMayo, we represent clients injured in all kinds of North Carolina construction accidents, including trench collapses, electrical accidents, welding accidents, construction blasts, machinery accidents, scaffolding accidents, motor vehicle crashes, accidents involving falling objects, crush injury accidents, fires, gas explosions, construction equipment accidents, ladder falls, conveyor accidents, forklift accidents, bulldozer accidents, boiler room accidents, elevator accidents, building collapses, and other types of construction accidents.

2010 Workplace Fall Accident Facts (Bureau of Labor Statistics)
• 635 worker fall accidents
• Since 2007, deadly falls in the private construction industry have gone down by 42%

Unfortunately, for many construction workers involved in serious accidents, their careers are over and their source of livelihood gone.

You want to work with a North Carolina construction accident company that understands the nature of these types of injuries and how they can happen. There are usually numerous parties involved in working a construction job, and determining who is liable can be a daunting job unless you know what to do.

Man dies after 3-story fall into construction bin in north Charlotte, WSOCTV, October 26, 2011

Census of Fatal Occupational Injuries Summary, 2010, Bureau of Labor Statistics, August 25, 2010

Worker Killed in 3-Story Fall at Charlotte Construction Site, Justice News Flash, October 26, 2011

More Blog Posts:
Charlotte Construction Worker’s Death is Third Work Accident Involving Wachovia Project in a Month, North Carolina Injury Lawyer Blog, December 15, 2008

North Carolina Worker Sustains Life-Threatening Injuries After Fall At Charlotte Construction Site, North Carolina Injury Lawyer Blog, December 15, 2008

Deadly New York Crane Accident Highlights Safety Issues As Multiple Cranes Operate in Charlotte, North Carolina, North Carolina Injury Lawyer Blog, March 19, 2008

 
 

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