Month: May 2020

Can’t Recover From an On-the-Job Injury?

Posted on by Daniel Lehrer

When you’re injured on the job, getting better becomes your job. What happens, though, if you can’t recover fully? Following medical treatment due to a work injury, a medical provider or physician will release an injured worker from treatment once he or she believes that they have reached “maximum medical improvement” or MMI. Basically, the worker is “as good as he or she can get.”

What Happens if I Reach MMI?

Often, despite this release from treatment, an injured worker has not necessarily made a full recovery and continues to suffer from some permanent partial impairment or disability. A medical provider will assign a percentage of impairment to the injured body part once the worker has reached MMI.

Previously, an injured worker could only recover a specified amount if the injury to their particular body part was listed in the WC statutes – and that was their only remedy. This was and is referred to as a “scheduled injury.”

This changed more than 30 years ago, and now, an injured worker may elect the most beneficial remedy available to them, depending on whether it makes more sense to either recover for the scheduled injury or receive partial or total disability benefits. The choice between recovering for the injury and the disability benefits is an important one to consider. For this reason, it is important to consult an attorney to make sure an injured worker is receiving the best outcome for their situation.

You may not be receiving all of your benefits or compensation. Call us today at 1-866-900-7078 for a free case evaluation from an experienced workers’ comp attorney.

 

What Happens if I am Disfigured, or Have Permanent Scarring?

Sometimes there are instances of serious facial or head disfigurement or serious bodily disfigurement as a result of the work injury. The workers’ compensation law allows certain benefits to be “stacked” or combined.

For example, if an injured worker is assigned an impairment percentage rating to their arm following a surgical procedure, but the arm has permanent disfigurement due to surgical scarring, then he or she may be able to recover not only for the percentage that was assigned by their doctor upon reaching MMI, but also due to the disfigurement. The two benefits stack.

Here’s another example. Let’s say a worker sustains serious burn injuries to their leg, resulting in permanent impairment of the leg. That leg is also permanently disfigured due to the scars from the burns. In this case, he or she may be able to recover for the scheduled injury and percentage of disability that was assigned by their doctor in addition to recovery for disfigurement.

 

Serious bodily disfigurement is something that permanently mars appearance that reasonably impairs future employment

Who Decides How Am I Compensated for Being Disfigured?

Compensation for serious bodily disfigurement is discretionary. Prior case law has defined serious bodily disfigurement as “an outward or external, observable blemish, blot, scar, or mutilation” that is permanent and mars the appearance to the extent it is repulsive to others and it may reasonably impair that person’s ability to secure future employment considering their past work experience, age, and other factors.

There is wide discretion for the North Carolina Industrial Commission (NCIC) to determine awards for serious bodily disfigurement and no present loss of wages is required. Compensation for serious facial or head disfigurement, on the other hand, is not discretionary and it is mandatory.

Under the law, the determination of whether an injured worker has sustained serious facial or head disfigurement is a question of fact to be decided by the NCIC. The definition of facial disfigurement is similar to the previous definition for bodily disfigurement but it is slightly different with regard to the ability to obtain future employment. Under the law, the Industrial Commission may award proper and equitable one-time distribution not to exceed $20,000 for serious facial or head disfigurement or an amount not to exceed $10,000 in the case of serious bodily disfigurement.

When Is Permanent Disability Certain?

With regard to permanent disability, under the law, the loss of both hands, or both feet, or both legs, or both eyes, or any two thereof shall constitute total and permanent disability. Regarding vision loss, where there is 85% or more loss of vision in any eye, then this is deemed “industrial blindness” and the injured worker will be compensated for the total loss of vision of that eye.

If You’ve Been Injured at Work, Consult an Experienced Workers’ Compensation Attorney

Being hurt on the job is tough situation, and some injuries can be truly life-altering. It’s important to know you’re getting the benefits to which you’re entitled, especially if your injury has long term effects. Contact the Law Offices of James Scott Farrin for a free case evaluation by calling 1-866-900-7078, or you can reach us online.

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How Do Various Types of Insurance Coverages Work
Together After an Automobile Collision in NC?

Posted on by Jessica Plummer

Most people don’t think much about their auto insurance until they need it. There’s a reason that personal injury attorneys exist. Sometimes, even with all the insurance, you have to file a personal injury lawsuit in order to receive fair compensation. Where does that compensation come from?

If you’re injured in an accident in North Carolina, there are generally four (4) types of automobile insurance coverages that may come into play. These four coverages are liability coverage, uninsured motorist coverage (UM), underinsured motorist coverage (UIM) and medical payments coverage. Both liability coverage and uninsured motorist coverage are mandatory coverages for all drivers under the North Carolina Motor Vehicle Safety and Financial Responsibility Act. The others are optional.

Multiple types of insurance may come into play after a car accident. Consult with an experienced personal injury attorney at James Scott Farrin to have your insurance questions answered.

What Is Liability Insurance and What Does It Do?

Liability Insurance covers your liability, or fault, in an automobile wreck as it relates to other parties’ bodily injury or property damage. Conversely, if you are the victim of a negligent driver, then their liability coverage covers any damages you may have which may include, but are not limited to medical bills, lost wages, pain, and suffering, as well as damage to your automobile.

In North Carolina, the law requires that the owner of a registered and operated motor vehicle must carry the following minimum amounts of insurance coverage: a minimum of $30,000 for bodily injury per person, $60,000 bodily injury per accident and $25,000 property damage.

In certain situations, when the injuries are serious, an injured party can collect liability coverage from multiple policies. The most common way this occurs is when the at-fault driver is driving someone else’s vehicle yet owns an insured vehicle himself. Under this scenario, the injured party can collect from the liability policy covering the at-fault vehicle actually involved in the wreck, and also from the liability policy of the at-fault driver’s own vehicle that was not involved assuming the total damages exceeded the coverage of the at-fault vehicle.

If We All Have Uninsured Motorist Coverage, There Are No Uninsured Motorists, Right?

Not quite. Uninsured Motorist Coverage (UM), as defined by North Carolina’s Department of Insurance, is coverage that “will provide protection when an uninsured driver, who is at-fault, injures you or another covered individual.” It also provides property damage coverage.

Sadly, not all vehicles are insured. An uninsured vehicle may be a vehicle where the owner has failed to carry insurance on the vehicle in violation of State law. It can also be a stolen vehicle being driven by the perpetrator or any other person without expressed or implied consent by the owner to be operating the vehicle. An uninsured vehicle can also be a vehicle whereby the owner has purchased the requisite insurance policy, but for one of various reasons the insurance company has denied coverage for a particular loss.

An example of such a situation would be if there were a material misrepresentation made on an insurance application that the insurance company later finds out about, like the applicant representing the car being used by an accident-free 50 year old to go to and from work when the vehicle is really being used by his 16 year old son. That may cause the insurance carrier to deny coverage for a particular loss.

Finally, uninsured coverage may be necessary if you are the victim of a hit and run are not able to ascertain the identity of the perpetrator or whether the at-fault vehicle is insured. Please note, however, because of North Carolina’s “No Contact Rule” for uninsured accident claims, if the hit-and-run vehicle (phantom vehicle) does not make contact with your vehicle, uninsured motorist coverage will not apply. An example of this may be a phantom vehicle running a motorcycle or another vehicle off the road yet the vehicles never made contact.

A red and a yellow umbrella representing multiple insurance coverages.

When Enough Is Not Enough: Underinsured Motorist Coverage

Underinsured Motorist Coverage (UIM) is coverage, as defined by the North Carolina Department of insurance as coverage that “will provide protection when an underinsured driver, who is at-fault, injures you or another covered individual. An underinsured driver is one whose limits of liability are less than your UIM limits, and not enough to cover the losses of the people the underinsured driver injured.” Unlike liability and uninsured motorist coverage, underinsured motorist coverage is optional. Therefore, you must inform your agent that you wish to purchase this additional coverage.

An underinsured motorist claimant can be a driver or passenger in the faultless vehicle. Both are considered insureds under that vehicle’s underinsured motorist coverage, so long as the UIM coverage in the faultless vehicle exceeds the available liability coverage(s) applicable to their at-fault vehicle(s). In other words, the coverage kicks in if there’s not enough insurance on the vehicle at-fault.

A common rule when analyzing insurance coverages is that “the insurance follows the vehicle.” In the context of underinsured motorist coverage (UIM), one can also present a UIM claim if that person is injured and has damages that exceed the liability coverage(s) available to the at-fault driver(s) and either owns a vehicle or resides with a family member (also known as “resident relative”) who owns a vehicle that carries UIM coverage that is greater than the available liability coverage(s). Sounds complicated, but it just means that, if you’re injured and the at-fault driver’s coverage isn’t enough, you may have a claim if you have UIM on your car or live with a family member who does.

A family member has been interpreted by our courts as “a person related to the [named insured] by blood, marriage or adoption who is a resident of the [named insured’s] household.” Resident has been interpreted by our courts to mean anything from “a place of abode for more than a temporary period of time” to “a permanent and established home.” Obviously, a child of a named insured would certainly be deemed as a relative resident.

What about a situation where the person seeking UIM coverage lives primarily with his mother who does not have UIM coverage on her car, but his father, who he lives with every other weekend or during the summer, does have this coverage on his vehicle? Or what about a college student who is off at college, yet she still comes home for breaks and during the summer? Is she deemed a “resident” of her parents’ home while away at college so as to fall under her parents’ UIM coverage?

Our courts have said yes to both of those scenarios, but there are often many other facts and circumstances that require an experienced personal injury lawyer. You also may be able to collect UIM coverage under multiple policies (referred to as “stacking”). An experienced personal injury attorney can also advise if this is applicable to your situation.

Bodily Injury: Medical Payments Coverage and How It Works

The final insurance coverage to be discussed in the context of an automobile wreck is Medical Payments Coverage or Med Pay. Med Pay coverage is an optional, first party coverage that can be purchased to cover your own vehicle. It reimburses you or a covered insured for reasonable and necessary medical expenses and funeral expenses resulting from a motor vehicle collision. It pays for any other injury on or about the vehicle covered under the policy, regardless of fault.

Determining whether someone is covered under the Med Pay coverage of a policy uses a very similar analysis to the UIM coverage discussed above in terms of 1) being in a covered vehicle, 2) whether you own a covered vehicle, or 3) whether you are a resident relative to someone who owns a covered vehicle. The limit to the coverage is determined by the amount of coverage purchased by the named insured.

The normal increments you will find for purchase are generally $1,000/$2000/$5,000/$10,000. Med Pay coverage can also be “stacked” under certain situations. That can be determined by speaking with an experienced personal injury lawyer. As Med Pay is not a fault-based coverage, you are entitled to coverage even if you were at fault.

Conversely, if you are the victim in an automobile wreck, you are entitled to have all of your damages covered by the at-fault driver’s liability coverage and you are also entitled to coverage under your Med Pay coverage, subject to certain limitations that can be explained to you by an experienced personal injury attorney.

If You’ve Been Injured in an Accident, Don’t Hesitate to Contact an Experienced Personal Injury Attorney

Just because someone has a lot of insurance doesn’t mean the insurance company is simply going to pay the maximum benefit. They’re likely going to work to reduce what they pay, and that may not be enough to cover your injuries, medical bills, lost wages, pain, and suffering. Call the Law Offices of James Scott Farrin at 1-866-900-7078 or contact us online for a free case evaluation.

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List of Social Security Disabilities

Posted on by Rick Fleming

COVID-19 Reduced Traffic, Increased Risk

Posted on by Eric Haase

Even though fewer drivers are on the roads during the COVID-19 pandemic, law enforcement agencies in some areas are seeing an alarming trend. Minnesota and Louisiana have recorded more traffic deaths during the coronavirus outbreak than for the same period in past years despite the reduced amount of traffic.

What’s driving the increase in traffic fatalities, even though the roads are clearer? In a word: speed.

When you’ve been injured in an accident, call the Law Offices of James Scott Farrin at 1-866-900-7078.

Speeding: The Epidemic Within a Pandemic

When drivers see clear sailing, they seem to be putting the pedal down all across the country. Reports of increased speeding, higher average speed on roads, and increased rate of fatalities in accidents are not hard to come by.

    • In Pasco, Washington, police are noting speeders going 15 – 30 mph over the limit. The department even posted a warning on its social media page against street racing.

 

    • The Colorado State Patrol issued more citations for 20+ mph over and 40+ mph over the speed limit through March 2020 than it did in March 2019, despite reduced traffic volume.

 

    • For the one-month period starting on March 19 when California’s stay-at-home order was put in place, the California Highway Patrol reports it has issued 87% more citations for drivers exceeding 100mph than it did for the same period a year ago -2,493 statewide versus 1,335 a year ago – despite a 35% reduction in traffic volume (or perhaps because of it).

 

    • Police in Fairfax County, Virginia have cited drivers going 125mph and faster, and report that speed-related traffic fatalities have risen 47% since March 13, 2020.

 

    • In Connecticut, the number of drivers traveling 80 mph or greater has doubled overall – and in areas increased as much as eightfold. Meanwhile overall traffic volume has declined by half over the previous two-year average on certain major roads. The number of drivers traveling at 80 mph or more on those same roads has increased 94% over the previous two year average.

 

    • In response to a 30% increase in average speed for its drivers, Los Angeles modified its traffic signal programming to slow them down.

 

    • In Washington, D.C., a longtime traffic reporter saw two separate crashes requiring Medevac on the same stretch of I-270 within six hours of each other, with one car vaulting the median and landing in a tree. He said it was the first time in his decade of reporting that two such serious accidents happened on the same day, much less the same stretch of road.

 

    • In New York, automated speed cameras issued 24,765 speeding tickets on March 27, almost twice as many as the daily average a month before despite there being fewer cars on the road.

 

There are similar reports from nearly every tier of law enforcement nationwide. People are taking advantage of reduced congestion to increase their speed, sometimes to a ridiculous extent. A driver in Michigan was cited for doing 180 mph – a record for the state.

 

Average speeds for five large U.S. markets before and after COVID started

The Higher the Speed, the Bigger the Hurt

When most people speed their biggest worry, if there is one, is getting a speeding ticket. The fine and the possible effect on their insurance rates are the only things they seem concerned about, and those can be significant financial penalties. However, speed has another effect. It increases the likelihood of serious injuries or fatalities. Consider:

    • According to the World Health Organization (WHO), an increase in average speed of just 1 kph – not even a single mile per hour – typically results in a 3% greater likelihood of a crash involving injury, and a 4-5% increase in the chance of a fatality.

 

    • The Institute for Road Safety Research has calculated that, if the average speed on a road decreased from 120 kph (74.5 mph) to 119 kph (73.9 mph), car accident fatalities could be reduced by 3.8% and serious road injuries could fall by 2.9%.

 

    • A University of Adelaide (Australia) study showed that the risk of an accident with serious injury doubled with every 5 kph a car was traveling above 60 kph. That’s every 3 mph over 37 mph for us here in the United States.

 

Where the Laws of Traffic and Physics Collide

If I told you that you were twice as likely to lose a limb for every 3 mph over 37 mph you traveled, would you slow down? I understand that’s a grisly and drastic example. Posted speed limits are there because the government considers those speeds reasonably safe to maintain, so let’s substitute the posted speed limit for 37 mph. So, if your risk of losing an arm or a leg doubled for every 3mph you were traveling over the speed limit, would you still be speeding?

Obviously not every car wreck results in a serious injury such as the loss of a limb, but the potential is there and the risk increases exponentially the faster you travel. Why? That’s simple: physics.

I won’t post a bunch of formulas here, but understand that you and your car, traveling at a certain speed, carry with you a certain amount of kinetic energy – the energy of motion. If your car were to suddenly stop traveling at that rate of speed, in an accident for example, that energy doesn’t just disappear. You can read up on the Law of Conservation of Energy here if you like. The point is, that kinetic energy doesn’t disappear; it has to be converted into some other form of energy.

Kinetic energy in a car accident is exerted/dissipated/dispersed in two ways. Because every action has an equal and opposite reaction, some of that kinetic injury doesn’t convert, it just goes the opposite direction. The car may be stopping in a hurry but you’re not part of the car so you keep traveling until you hit something — hopefully a seat belt or an airbag. Those safety devices are designed to take on the “equal and opposite reaction” that would force you to absorb all of that kinetic energy from the crash.

The other way kinetic energy is dispersed is into potential energy. Energy can be stored in matter. Think of a spring. If you compress it, you’re turning your force on it into potential energy that’s released when it rebounds. This is basically what crumple zones in cars are. They’re kinetic energy sinks that transform the force of a crash into potential energy. They work extraordinarily well but they have a limit, and once that limit is reached you and other people become those crumple zones. Our bodies aren’t designed to do that, and that’s why serious injuries or deaths occur.

Slow Down, Stay Safe, and if Someone Causes an Accident and You’re Injured, Call Us

The temptation to floor it on the newly-clear roads is a trap. Not just a speed trap, it could be a death trap. Stick with the posted limits. Put away your distractions, and concentrate on getting where you’re going safely.

We can’t protect you on the road, but if some reckless soul does cause a wreck and you or someone you love is injured, contact an experienced personal injury attorney to protect your rights. Contact the Law Offices of James Scott Farrin online or by calling 1-866-900-7078 for a free case evaluation. And drive safely!

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Delivery Accidents: Who Is at Fault?

Posted on by J. Brett Davis

Someone taps to order some food from their favorite delivery service app. The driver gets the order and heads to pick up the meal and to deliver it. Somewhere along the way, that driver is in an accident. What happens next?

The question seems simple enough, but due to the nature of these delivery apps, it’s more complex than you think, and depends greatly on your perspective. Let’s dig in.

13% of all drivers are underinsured. If you have been hurt in a wreck, don’t wait. Call James Scott Farrin for a free case evaluation.

Car Insurance Complications for Food App Delivery Drivers

Rideshare services like Uber and Lyft require their drivers to have car insurance, and then cover them further with a liability policy. Many states have adopted rules and insurers have created new products to cover the rapidly evolving share economy. What many do not know is that ordinary car insurance does not cover a driver working as a rideshare service.

If you read your insurance policy, for example, you’re likely to find a section that deals with “livery” or “commercial use” of your vehicle. Specifically, the policy excludes such uses from its umbrella of coverage. Drivers may be delivering food instead of people, but the underlying principle is the same.

a livery vehicle is a legal term for a vehicle for hire, such as a taxi or limousine

These types of uses involve different risks to vehicle drivers and owners, and as such, their coverages will differ. This matters when a driver is not carrying the correct type of insurance for the work they’re performing. As a whole, a study by the Insurance Information Institute found that 13% of all drivers were underinsured. Given the confusion about policies and terms of service, one can safely assume that drivers working for delivery services could have a higher rate of underinsurance.

None of this matters until the driver is at fault in an accident. If you’re injured by that driver’s error, it certainly matters to you.

The Order of Insurance

When an accident happens and insurance coverage is triggered, it is triggered in a certain order. The insurance on the vehicle comes first, even if it’s not driven by the owner. So, if you’re driving your mother’s car for example, the insurance she has on her car would be primary. Your insurance, as the driver, would be secondary. Any other insurance would only come into play after those policies. If you are driving your own car, then your insurance as the driver and the vehicle’s insurance are one and the same. In the examples to follow, “driver’s insurance” assumes the driver owns the vehicle being driven.

If Delivery Driver Is at Fault in an Accident, How Are They Covered?

In this scenario, someone who is hit and/or injured in an accident when the delivery driver is at fault has a few options. The quest for compensation begins with the vehicle’s insurance. As previously noted, this may not be much help if the driver was underinsured or did not carry the correct type of coverage for the activity in which he or she was engaged.

However, most of the different services and apps seem to offer additional coverage for their drivers, though they are not created equal. And in some states, such as New York, the rules are entirely different. Generally speaking, though, here is what you can expect.

DoorDash

DoorDash provides its drivers with a $1m contingent liability policy. However, the policy only covers drivers “in possession of goods to be delivered.” In other words, they’re covered when they’ve picked up an order to deliver it – not when they are on their way to a restaurant or leaving a delivery. Additionally, the policy only kicks in after the driver’s personal policy is exhausted.

GrubHub

Drivers for GrubHub receive no additional insurance whatsoever.

Amazon Flex

Drivers for Amazon Flex have $1m in primary liability coverage including contingent comprehensive and collision coverage, and $1m in underinsured/uninsured motorist coverage. This policy covers drivers as they “deliver packages, pick up packages and return undelivered packages back to a designated location.” Some of this coverage requires a driver to have certain personal insurance in order to qualify for the benefit.

Postmates

Similar to DoorDash, Postmates offers its drivers $1m in contingent liability coverage. Again, this is only used once the driver’s own auto insurance coverage is exhausted. They also include a similar policy for deliverers who work on foot or ride bicycles.

Uber Eats

Uber Eats is a subsidiary of Uber, which is run through a company called Portier LLC. They have a commercial liability policy that covers drivers “from the moment a driver accepts the request to deliver meals or goods to the time the delivery is complete.” They also provide contingent comprehensive and collision coverage, and liability coverage for drivers who are between trips.

Why Does This Matter to You?

Well, if you’re injured in an accident and the delivery driver is at fault, you need to know how you could be compensated for the damage done to your property and your medical bills. The primary case would be with the vehicle’s insurance. The company’s policies would possibly kick in if the vehicle and driver’s insurance were insufficient.

Now, in the case that there was some sort of corporate negligence, that would enable you to go after their corporate policy without relying on that of the driver. For example, if the company was negligent in its screening of drivers, or allowed drivers to work more than a certain number of hours, that could be considered negligent.

The bottom line for you, if you’re injured by one of these drivers, is that there might be more insurance available than the delivery driver’s policy, but it can be a confusing process to try and figure out what might be available. Be aware that there is data available on the driver’s app that might show how long the driver has been driving (in case fatigue was the cause of the wreck), GPS, speed, along with other pertinent data. An experienced personal injury attorney will know how to obtain and preserve such evidence.

What If I am a Delivery Driver?

You’re in a risky business. In fact, according to the United States Bureau of Labor Statistics, delivery and other sales jobs involving driving were the 5th most dangerous job in 2018. When you go to work for these delivery services, you’ll be handed a contract, and if you read it carefully, you’ll find out you’re probably not an employee. You’re in independent contractor.

As an independent contractor, you’re on your own in a great many ways. Foremost is that you’re using your vehicle for the purposes of the delivery service. As stated above, most personal auto insurance policies specifically exclude such uses for purposes of coverage. You should contact your insurer and ask them what would be required to obtain coverage for the use you intend. The delivery service you’re working for will deny liability, because you are not an employee unless they specifically provide coverage.

If you’re in an accident and you’re relying on your regular auto insurance coverage, your claims are going to be denied. Do not expect the company to validate that you have the right kind of insurance, either. That’s entirely up to you.

And if you try to hide what you were doing, an insurance investigator is going to dig up the truth – which means you’re then on the hook for the damages AND insurance fraud. It’s not worth it. Get the right insurance!

What if I’m Driving for a Delivery Service and I’m Injured by Someone Else?

Then you’re going to go after that person’s insurance. It likely will not matter to your insurer at that point, depending on the insurance rules of your state. In North Carolina, the at-fault driver’s insurance will be the one who pays, with additional liability for uninsured and underinsured drivers kicking in as necessary.

If I’m Delivering and I Get Injured, Can I Apply for Workers’ Compensation?

The answer is probably no if you’re an independent contractor. As an independent contractor and not an employee, you’re not covered by workers’ compensation benefits in the state of North Carolina. The independent contractor agreement you sign with all of these services means you’re, essentially, self-employed.

If You’re Injured in an Accident Through No Fault of Your Own, Contact an Experienced Attorney

Let someone with the right tools and experience navigate through the maze of insurance on your behalf. Focus on getting better, and let us fight for you. The Law Offices of James Scott Farrin work hard for clients just like you. If you or someone you know needs our help, call the HurtLine 24/7 at 1-866-900-7078 or contact us online for a free case evaluation.

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