Does COVID-19 Qualify for N.C. Workers’ Compensation Benefits?

Despite a stay-at-home order in North Carolina during the COVID-19 pandemic, many people work in jobs that are deemed essential. They are continuing to report to work on a daily basis. Normally, North Carolina workers who become ill because of occupational exposure to disease expect to qualify for workers’ compensation.

A closer look at North Carolina’s workers’ compensation law raises questions as to whether the COVID-19 coronavirus would be considered an occupational disease. At this point, the workers’ compensation lawyers of Younce, Vtipil, Baznik & Banks, P.A., in Raleigh believe some cases of work-related coronavirus illness may be covered by workers’ compensation while others may not. A state government response could change how workers’ comp approaches COVID-19 cases in North Carolina.

If you are diagnosed with coronavirus and believe that you were exposed while on the job, we suggest you follow the steps below, apply for workers’ compensation and contact a workers’ compensation attorney.

Our legal team includes Chip Younce and David E. Vtipil, who are both North Carolina Board Certified Specialists in workers’ compensation law. We are continuing to accept workers’ compensation cases and are providing free initial consultations remotely in accordance with social distancing guidelines recommended by health officials.

Contact us now at 919-661-3000 to schedule your free consultation.

How Does N.C. Workers’ Comp Law Define ‘Occupational Illness’?

Gov. Roy Cooper’s executive order closing many North Carolina businesses during the pandemic states that certain businesses, essential to the response to COVID-19, to the infrastructure of the state and nation, and to the day-to-day life of North Carolinians, shall remain open. The order lists 29 types of businesses and an additional seven types of retail establishments that are essential and allowed to remain open.

Workers’ compensation insurance, which most businesses are required to have, pays medical benefits and a portion of wages to most employees who cannot work because of an injury or illness contracted during the performance of their job duties. Workers’ compensation reimburses the ill or injured worker for all medical costs, including hospitalization, medications, rehabilitation, and more.

In a workers’ compensation claim, the employee would need to show that:

• Their illness is identified by statute as an occupational disease, or
• They contracted the disease from exposure at a job site and/or while performing their job duties, or
• Because of their job duties, the ill employee is at greater risk than the general public for contracting the disease.

North Carolina’s workers’ compensation law lists about 30 illnesses and conditions that the state considers to be occupational diseases (N.C.G.S. § 97-53). The law also defines occupational disease as:

Any disease … which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment.

The final clause of the statement above is meant to apply to common communicable diseases, like the flu or measles. Because COVID-19 is a pandemic, some are already arguing that any worker who contracts the coronavirus would have been equally exposed to the virus outside of the work environment. However, an employee in an essential job such as a health care worker might argue they are at greater risk of contracting the virus than the general public as a result of their job duties treating patients.

In the end, it may be up to state leaders to mandate a workers’ compensation response to COVID-19. Insurance Journal, which publishes business news for the property and casualty insurance industry, says two states – Kentucky and Washington ­– have guaranteed workers’ compensation benefits for health care workers and first responders who contract COVID-19.

The National Council on Compensation Insurance, which analyzes industry trends and advises states about workers’ comp rates, says at least 10 states are requiring general health insurance programs to cover coronavirus.

File for Workers’ Comp if You Got COVID-19 from Your Job

If you or a loved one of yours has contracted the COVID-19 coronavirus and you believe it was due to exposure while on the job, you should apply for workers’ compensation benefits.

You should:

• Notify your employer in writing. Send your employer an email or letter that states that you have been diagnosed with coronavirus and that you believe you contracted the virus at work. Identify a specific source or reason why you think you caught the virus at work. In general, you have 30 days after a diagnosis to notify your employer. However, if you were too ill or other circumstances prevented prompt notification, an attorney can help you.
• Tell your doctor. Let any physician who treats you or your loved one know that you believe that your exposure to COVID-19 was job-related. Medical professionals will likely ask about contacts, and you should tell them when, where, and how you were exposed. Follow up in writing. A coronavirus victim may lose the ability to communicate, loved ones will be excluded from treatment areas and doctors are too busy to respond now, but putting the circumstances of your illness in writing preserves it as evidence for a claim later.
• Track your illness and expenses. While under care for coronavirus, you and/or a loved one should maintain a record of treatment, time out of work, and receipts for all costs associated with your illness and recovery. Be sure to follow doctors’ orders as well as any government orders regarding the COVID-19 pandemic.

You actually have two years from the date of diagnosis to file a workers’ compensation claim in North Carolina. Your primary focus, for now, should be recovering from the infection. However, we understand that medical bills will not wait for two years. When you are able, you should file a claim with your employer or by submitting a completed Form 18 to the N.C. Industrial Commission.

Save a copy of your completed Form 18 for your files and mail a copy to your employer.

Then we suggest contacting an experienced North Carolina workers’ compensation lawyer to help you get ready for what may be a fight to substantiate a workers’ comp claim for coronavirus benefits.

Contact Us About COVID-19 Workers’ Comp Claims

There are many open questions about what will happen when the COVID-19 pandemic subsides. Coronavirus workers’ compensation claims will likely be handled on a case-by-case basis with many employers and insurers disputing claims, which may amount to tens of thousands of dollars in medical bills per case.

The experienced North Carolina workers’ compensation attorneys at Younce, Vtipil, Baznik & Banks, P.A., in Raleigh are accepting cases related to the COVID-19 pandemic. We offer a free initial consultation and our experienced attorneys to fight for you on a contingency fee basis. Contact us ASAP online or at 919-661-3000.

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Ashley Banks Named New Partner and Firm Name Change

Younce, Vtipil, & Baznik is pleased to congratulate attorney Ashley Banks on her promotion to the position of named partner at the law firm. The Raleigh, North Carolina law firm will now be known as Younce, Vtipil, Baznik & Banks, P.A.

“The law firm’s name change recognizes the significant contributions that Ashley Banks has made to the law firm,” said partner David Vtipil. “She has proven herself to be a skilled advocate for her family law clients and a valued colleague. We are delighted to have her as a partner.”

As a family law attorney, Ashley Banks handles a broad range of domestic law issues, including separation agreements, divorces, child custody, child support, alimony, parental rights, and equitable distribution.

Ashley grew up in Chapel Hill, N.C. and received a Bachelor of Arts in political science from North Carolina State University, graduating magna cum laude. She then obtained a Juris Doctor from the Norman Adrian Wiggins School of Law at Campbell University.

While attending law school, Ashley received the Beverly Massey Scholarship and served as President of Women in Law. She led the organization to receive the 2013 Outstanding Organization of the Year Award for best serving the student body.

Ashley was chosen as a member of the Mock Trial Team, where her abilities as a litigator began to be noticed. Upon graduation, she received the NC Advocates for Justice Most Outstanding Advocate Award and was inducted into the Order of Old Kivett for excelling in trial advocacy at regional and national competitions while observing the highest ethical standards.

S

ince joining the law firm, she has focused exclusively on family law matters. She is a member of the North Carolina Bar Association, North Carolina Advocates for Justice, the Wake County Bar Association, Wake County Family Law Division and Wake County Young Lawyers Division.

She is married to Grant Allison, and they recently welcomed their first child born in February.

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Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Younce, Vtipil, Baznik, & Banks, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our healthcare system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

COVID 19 Prevention: Social Distancing

 Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus.

General Info About (COVID-19)

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the CDC’s website.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however you can be contagious before you even show symptoms.

Symptoms of Coronavirus 

Here are some of the major symptoms of the virus:

• Respiratory Tract Infection – shortness of breath
• Fever/chills
• Cough
• Flu-like symptoms
• Fatigue
• Pressure in the Chest
• Headaches
• Muscle or Body Aches
• Sore Throat

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Younce, Vtipil, Baznik, & Banks

If you were hurt in an accident and are seeking legal help, let the attorneys at Younce, Vtipil, Baznik, & Banks help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (877) 941-0886 to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

*This blog was written with the most up to date information and this information is subject to change as more information about the virus is released & found.

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Your Honesty in the Divorce Process Is Crucial

Divorce is an emotionally charged and painful process. Many see the dissolution of a marriage as a personal failing. A man or woman going through divorce might reflexively hold back embarrassing details about certain issues that led to the breakup when speaking to anyone, including his or her attorney.

You may ask, why should I tell my lawyer everything? The reason is that what your attorney doesn’t know about the factors contributing to your marital breakup can hurt you. It can cost you money now and into the future and exact an emotional toll as your children grow up. Whether or not your spouse was honest with you, you need to be honest with your attorney.

The attorneys at Younce, Vtipil, Baznik & Banks encourage you to be fully open and honest when speaking with our compassionate Raleigh divorce lawyers. We are here to help you, not judge you. Having the complete facts can help us represent you more effectively. We are bound by professional ethics to keep confidential the information shared by clients.

There are a multitude of issues that may arise between a divorcing couple. We need to know about all the contributing factors if we are to protect your interests as you go through separation and divorce.

If your spouse’s attorney has damaging information about issues or incidents, you should expect that the opposing side will use it against you and may irreparably damage your case if your attorney doesn’t have knowledge of the information.

What Your Divorce Attorney Needs to Know

Whether you think your divorce will be amicable or contentious, it is crucial that you have an experienced attorney on your side who can remain calm and provide clear-eyed legal guidance. You need someone who understands your legal rights under North Carolina divorce law who will protect you and help you make proper decisions for yourself and your children, and about your property and other financial assets.

Few people, who have not gone through divorce, are aware of the many issues that should be taken into consideration. Before meeting with your Younce, Vtipil, Baznik & Banks attorney for your first at-length discussion of your reasons and goals for seeking a divorce, you should take the time to reflect and write down notes about issues we’ll need to discuss. We’ll have some general questions and some specific ones we ask all clients to guide the conversation.

In general, what we need to know includes:

• Personal Information
  • Length of the marriage
  • Existence of prenuptial agreement
  • Each spouse’s age and health
  • Each spouse’s education (ability to earn a living)
  • Each spouse’s income
  • Either spouse’s financial contributions to the other’s education
• Finances (joint and/or each spouse’s)
  • Income tax returns for the past three to five years (federal and state)
  • Bank accounts, retirement and pension accounts, stock, bonds
  • Property, such as real estate and valuable personal property such as cars, boat, RV, artwork, jewelry
  • Life insurance policies
  • Business assets and debts
  • Debts (credit card, mortgages and other loans)
  • Disposition of estate planning documents (wills, powers of attorneys, health care directives)
  • Any potential for your spouse to be holding “hidden” assets and/or debts
• Specific Desires for Division of Assets (strong desire to retain certain personal or real property)
• Child Custody / Visitation Desires
• Child Support Needs
• Pet Custody Issues
• Marital Issues—any possible allegations against either of you of:
  • Infidelity, including emotional affairs (a close or “special” friend of the opposite sex a spouse confides in)
  • Physical or emotional/verbal spousal abuse
  • Child abuse
  • Alcohol abuse / alcoholism
  • Drug abuse / addiction
  • Other addictions (gambling, pornography).
  • Abandonment (one spouse moving out of the house without the consent of the other spouse)
  • Public / social media discussion of your divorce and/or marital problems.

We will always ask if there is anything else we need to know to make sure we can defend you against any allegation that your spouse’s attorney might make.

We recognize that you may not have all of this information right away or available to you at all. Part of our work as your divorce attorney is to investigate your spouse’s asset and debt declarations and any open allegations of spousal misconduct of any kind. As your attorneys, we will always be open to hearing from you and speaking with you, whenever you have information or questions for us.

The sooner we are fully and accurately apprised of your situation and your needs and desires, the sooner we can craft a strategy to achieve a divorce agreement that protects your rights and addresses your needs. We are dedicated to protecting you as you go through separation and divorce. As your attorneys, we will be focused on that. We are not here to judge you – or your spouse.

Contact Our Raleigh Divorce Attorneys

A family law attorney at Younce, Vtipil, Baznik & Banks can guide you through the divorce process and stand up for you. If you do not have a North Carolina separation and divorce attorney, contact a Raleigh family law attorney at Younce, Vtipil, Baznik & Banks in Raleigh to schedule an initial meeting. We can outline our family law services and fee structure as we get to know one another.

We are dedicated and compassionate family law attorneys who take our clients’ legal and personal needs seriously as they go through separation and divorce proceedings.

Our top priority is an outcome that meets your best interests. Call us to speak with someone today.

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Higher Injury Rate Found Among Temporary Workers

A recent analysis of workers’ compensation claims found that temporary workers are more likely to suffer job-related injuries than permanent employees in the same industries. The researchers focused on training received by temporary workers and wrote that training may be particularly important for younger and less experienced temporary workers.

Workers’ compensation insurance provides medical benefits and partial wage replacement for workers injured on the job.

The study by the National Institute for Occupational Safety and Health (NIOSH) analyzed more than 1.3 million workers’ compensation claims from 2001–2013, including 45,046 claims from workers employed by temporary service agencies, to compare the injury risk for temporary and permanent workers.

“The differences in injury rates for temporary and permanent workers were pronounced in certain industries — agriculture, construction and extraction — as well as for causes of injuries — contact with objects and equipment and exposure to harmful substances or environments,” according to BLR, a safety compliance consultant reporting the study.

U.S. Bureau of Labor Statistics (BLS) data “indicates that temporary workers are especially likely to have manufacturing jobs, with 32.2% of temporary agency workers reporting employment in manufacturing, the study authors wrote for the Centers for Disease Control and Prevention (CDC).

The researchers concluded that:

• the prevention of injuries among temporary workers must include proper training.
• training may be especially important for younger and less experienced temporary workers.
• training for temporary workers should occur both before placement at the worksite and continue after placement.
• there should be an increased safety focus when temporary workers are placed in high-risk industries such as agriculture, construction, and manufacturing.

Several states, including Massachusetts, California and Illinois, have established Right‐to‐Know laws to inform temporary workers of their rights under the Workers’ Compensation system, such as the right to proper training as well as workers’ comp benefits if injured on the job, the researchers noted.

Temporary Staffing Covered by Workers’ Compensation in N.C.

Workers’ compensation is an insurance program, and almost all companies in North Carolina, including temp agencies, that employ three or more part-time or full-time employees are required to provide workers’ compensation coverage to employees. Part-time workers and most temporary staffing may qualify as employees under N.C. workers’ comp law and be eligible for workers’ compensation benefits.

An independent contractor — a person who provides specific services based on a written or oral contract and controls his or her own work schedule — is not eligible to receive workers’ compensation coverage. However, some employers misclassify employees as independent contractors to avoid paying workers’ compensation benefits.

If you are working through a temporary employment agency, you are employed and may be eligible for workers’ compensation. There are also guidelines to determine whether a worker qualifies as an employee.

The N.C. Industrial Commission, which oversees workers’ compensation in the state, will determine whether the injured worker is really an employee and not an independent contractor. However, the commission often works from information supplied by the employer. If you think that you have been incorrectly classified as an independent contractor, you should consult an experienced North Carolina workers’ compensation attorney immediately.

What Happens to a Temporary Worker Injured At Work?

As a temporary employee on a job, in most cases, you are an employee of an agency contracted by a company to supply extra labor on a temporary or part-time basis. This means your workers’ compensation coverage is provided by the agency, not the company for which you perform the job duties. Your claim should progress normally through the temporary agency’s workers’ comp provider.

What many temp workers do not understand is that this arrangement potentially makes more compensation available to them after a workplace accident and injury.

Under N.C. workers’ compensation law, in exchange for providing employees with workers’ comp insurance, employers are immune from lawsuits regarding accidents and injuries at work. Workers’ comp is no-fault insurance. The injured employee is entitled to certain benefits regardless of whether he or she was at fault.

Injured workers also may have a legal right to file a personal injury lawsuit against an individual or business, other than the employer, after a workplace injury. For example, the Acme Company may be subject to a legal claim if you were injured while working there but an employee of a temporary employment agency. Others on the job site — contractors, vendors, co-workers — may also be subject to claims if they caused your injury, because they are not your employer.

While workers’ comp reimburses the injured for medical bills and a portion of lost wages, a personal injury claim may seek additional compensation, such as for pain and suffering, property damage and, in some cases, as punitive compensation for egregious disregard for others’ safety.

A knowledgeable workers’ compensation lawyer can review the circumstances of your injury and discuss your legal options.

Contact a North Carolina Workers’ Comp Lawyer for Temporary Workers

If you are a temporary worker who has been injured on the job and lost work time in central North Carolina, contact Younce, Vtipil & Baznik, P.A., in Raleigh about your workers’ compensation case. An initial consultation is free and without further obligation. We can explain how your workers’ comp claim should move forward and what you need to do to protect your claim. Our attorneys are ready to fight workers’ comp insurers to obtain the full and proper settlement that you deserve.

Our team at Younce, Vtipil & Baznik P.A. can investigate the circumstances of your accident to determine whether a third-party personal injury claim is appropriate. Workplace injuries can be costly, keeping you out of work for months or limiting your ability to return to work. You deserve the maximum compensation available for your losses now and in the future.

With us fighting for you, you can focus on getting your life back together. Call us now or contact us online for a free claim review and advice about your legal options.

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How Incorrect Diagnosis During Treatment for Car Accident Injuries Can Affect Your Claim

Emergency room doctors do not always identify the full extent of a car crash victim’s injuries when providing trauma care after a collision. The symptoms of some serious injuries including head injuries may not be apparent for weeks or even months after the accident. A crash victim may develop post-traumatic stress after a life-threatening accident and require counseling. The initial diagnosis may be incomplete. If you move too quickly to accept an insurance company’s settlement offer before you have been released from a doctor’s care, you may be shortchanging yourself.

Having a complete medical record of your injuries and a clear understanding of all your present and future medical needs is crucial to maximizing your recovery in a personal injury claim. Once you sign a liability release and accept an insurance company’s settlement check, you cannot go back to the insurance company and ask for more money if you have additional unforeseen medical expenses.

This issue of incomplete diagnoses underscores the importance of having an experienced personal injury attorney guiding you through the car accident injury claims process. A knowledgeable injury attorney will make sure that your medical records are complete and your future treatment needs are understood. The attorney should determine the full extent of your medical expenses and financial losses before entering into a settlement agreement.

Can a Missed Diagnosis Hurt Your Car Wreck Claim?

The issue of missed diagnoses and incomplete diagnoses is common. Misdiagnosis may lead to 80,000 to 160,000 serious cases of harm to people’s health each year, a recent study estimates. Between 40,000 and 80,000 patient deaths in hospitals in the United States may be related to misdiagnosis.

The study, led by Dr. David Newman-Toker, Ph.D., director of the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, determined that the most significant diagnostic errors related to a surprisingly small number of conditions, according to Medical News Today. In fact, misdiagnoses of three conditions—infections, cancers and vascular events such as stroke and pulmonary embolisms— were responsible for nearly 75% of all serious harm related to misdiagnosis errors.

Diagnostic errors are recognized as a significant source of preventable harm to patients. If you have been harmed by the misdiagnosis of a medical condition related to a car accident or other personal injury accident, you may have a right to seek full compensation for all your injuries and losses. The personal injury lawyers of Younce, Vtipil, & Baznik, P.A., can work to help you seek full compensation.

Researchers broke down the “big three” – cancer, vascular events and infection – into 15 specific conditions, the misdiagnosis of which often resulted in serious harm. Excluding cancers, they include:

• Sepsis (blood infection)
• Meningitis and encephalitis (brain and spinal cord infection)
• Spinal cord abscess
• Pneumonia (lung infection)
• Endocarditis (infection of the endocardium, the inner lining of heart chambers and valves)
• Stroke
• Blood clots, especially in legs and lungs
• Aortic aneurysm and dissection (weakness and tears in the heart)
• Heart attack.

As a study in the Journal of the National Medical Association explains, “The most common cause of death following trauma (personal injury) is sepsis. The traumatized patient has a significant increased risk of infection.” The need for transfusions, the prevalence of hypotension (low blood pressure) and the prolonged use of ventilators, if necessary, are predictive for blood infections.

Another piece of research, entitled “Early predictors of sepsis in the motor vehicle crash trauma victim,” cited major blood vessel injury, head injury, internal injury of the chest or abdomen, spinal cord injury, certain fracture types and having seven or more injuries as predictors of sepsis.

The Mayo Clinic explains that sepsis has the potential to be a life-threatening condition caused by the body’s response to an infection. Sepsis can lead to damage to multiple organ systems. If the sepsis develops into septic shock, the blood pressure may plummet dramatically. Septic shock may lead to death.

“Suffering an injury to the head or neck increases ischemic stroke risk three-fold among trauma patients younger than 50,” according to research presented at the American Heart Association’s International Stroke Conference. Torn blood vessels leading to the brain in the head or neck resulting from a car accident can be a source of blood clots that cause a stroke may be preventable. Similarly, blood clots formed by trauma to the heart can cause heart attacks.

Even if none of these conditions are a direct consequence of an accident, like a car accident or a serious fall, they should be considered in a personal injury claim. But if they were not correctly diagnosed in a timely manner, they may not have been included in evidence compiled for your claim. An incomplete diagnosis can adversely affect your accident claim.

Mental Health Issues After Traumatic Injury

Another cost often overlooked in personal injury claims is the costs of psychological recovery. Suffering or even witnessing a loved one’s catastrophic injury in a violent accident can cause psychological issues akin to post-traumatic stress disorder (PTSD). A permanent disability from an injury or a long-term recovery can lead to depression.

But psychological problems are difficult to diagnose. Most doctors are primarily trained to cure physical problems and can easily misdiagnose or fail to consider mental illness. A PTSD response to trauma is by its very nature a delayed response. Meanwhile, patients are trained by society (improperly) to say, “I’m fine” in response to questions or offers of help, whether to reassure themselves or to avoid the stigma of mental illness.

Counseling needed to cope with the aftermath of a traumatic injury is available and helpful in most cases, and the costs are recoverable in a personal injury claim.

Contact a Raleigh Personal Injury Attorney

If you have been seriously injured in a car accident that someone else caused, you deserve full compensation for the costs of the harm you have unjustly suffered. The personal injury lawyers of Younce, Vtipil, & Baznik, P.A., can gather your medical records and prepare a claim that reflects the full extent of your losses after a car accident or other personal injury accident.

When someone else was at fault for your injuries, you should not have to worry about paying the medical bills necessary to make your life right again. Our attorneys handle a variety of personal injury claims throughout North Carolina, including car wrecks, truck wrecks, motorcycle accidents, slip-and-fall injuries, on-the-job injuries, wrongful death cases and others.

Let us review your case at no charge to evaluate what we can do to help you seek all of the compensation available in your situation. Just fill out our online contact form or give us a call today.

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Recent Updates Strengthen NC’s “Move Over” Law

Motorists who do not comply with North Carolina’s “Move Over” law requiring drivers to change lanes or slow down when approaching roadside emergency responders should know that the penalty for violating this traffic law increased significantly as of December 1, 2019, if a violation causes a serious accident.

The Move Over law requires motorists on multi-lane highways to move over one lane when approaching emergency response or maintenance vehicles stopped on the side of the road with lights flashing, if they can do so safely, or to slow down on a two-lane highway until past the emergency responder. The idea is to create a greater margin of safety for emergency responders.

Violating the law is punishable by a $250 fine, plus court costs. If the violation leads to an accident that causes property damage or injury, the driver could be charged with a Class 1 misdemeanor and subjected to a $500 fine. A Class 1 misdemeanor in North Carolina carries a maximum penalty of 120 days in jail.

Revisions to the law make it a Class F felony if a driver fails to move over or slow down and causes serious injury or death to a law enforcement officer, a firefighter, an emergency vehicle operator or utility worker covered by the statute. A Class F felony in North Carolina is punishable by 10 to 41 months (3 years, 5 months) in prison. It was formerly a Class I felony, punishable by 3 to 12 months in prison.

The law also limits the use of flashing or strobing amber lights to emergency, utility and other authorized vehicles. Another law prohibits red and blue lights in private vehicles.

Further, a driver convicted of causing serious injury or death to an emergency responder in violation of the Move Over law can lose their driver’s license for up to six months.

Any violation of the Move Over law results in 3 insurance points on your driver’s license, which can increase your auto insurance premiums by as much as 60% for three years.

NC Move Over Law Applies to Many Types of Emergency Responders

While most of us understand we should move over for police and fire vehicles, all North Carolina motorists need to understand that the Move Over law covers multiple types of vehicles.

The law specifically mentions:

• Law enforcement vehicles
• Fire department vehicles
• Public or private ambulances or rescue squad vehicles
• Public or private highway maintenance vehicles operating an amber-colored flashing light
• Vehicles operated by the:
  • North Carolina Forest Service
  • C. Division of Parks and Recreation
  • C. Division of Marine Fisheries
• “Public service vehicles” that are:
  • Responding to wrecked or disabled vehicles, such as tow trucks
  • Installing, maintaining or restoring utility services, including electric, cable, telephone, communications and gas
  • Collecting garbage, solid waste or recycling.

Why North Carolina Has a Move Over Law

All 50 states have “Move Over” laws. The U.S. Department of Transportation says that, since 2007, more than 150 law enforcement officers have been killed after being struck by vehicles along America’s highways. In 2017, nine officers were struck and killed outside their vehicles.

North Carolina adopted the Move Over law in 2002. When it was first enacted, drivers who violated the rule faced a $25 fine, plus court costs.

By 2014, the North Carolina Department of Transportation was working to raise awareness about the law because, in the previous year, state troopers had issued more than 1,400 citations to drivers for violating the Move Over law, according to WRAL in Raleigh.

An earlier incident had already led to stiffer penalties that should have increased awareness of the law and its importance.

On August 11, 2005, State Patrol Trooper M.G. McLamb was conducting a traffic enforcement stop on U.S. 301 near the N.C. 59 Exit just south of Fayetteville in Cumberland County. About 1 p.m., McLamb was standing on the driver’s side of the stopped vehicle and had just turned to return to his patrol car when the vehicle of a motorist who had failed to move over and decrease speed hit him. McLamb was treated at a local hospital and released.

The motorist returned to the accident scene and was charged with careless and reckless driving, according to WRAL.

At the time, the Highway Patrol said that, since 2002, 72 troopers had been struck either while in or outside of their patrol cars alongside highways.

A month earlier, the General Assembly had increased the fine for causing an injury to an emergency responder when violating the Move Over law from $120 to $250. After McLamb’s injury, the fine was increased to $500. The General Assembly also added the possibility of being charged with a felony if a collision occurs that results in serious injury or death. These changes went into effect on July 1, 2006.

The Move Over law expanded in 2012 to include roadside utility or maintenance crew vehicles bearing flashing amber lights.

On December 5, 2018, just before 7 a.m., Lumberton Police Officer Jason Quick, age 31, was assisting in an investigation of an accident at Exit 22 on Interstate 95 North in Lumberton when a motorist struck and killed him.

Senate Bill 29, which led to the increased penalty for injuring an official in a Move Over violation in 2019, is known as the “Officer Jason Quick Act.”

“Law enforcement officers like Jason Quick put their lives on the line to keep our communities safe,” Gov. Roy Cooper said in a news release upon signing the bill into law in July. “This bill will increase penalties for those who recklessly endanger the lives of our first responders, and I’m proud to sign it in memory of Officer Quick and in honor of all of our first responders.”

Contact a Lawyer About Roadside Injuries Caused by Motorists

An emergency responder or utility worker injured by a negligent motorist while working alongside a North Carolina highway deserves to be fully compensated for his or her injuries and related expenses and losses. It is best to contact a North Carolina law firm with attorneys experienced with workers’ compensation, car accident and personal injury cases.

An attorney from Younce, Vtipil, & Baznik, P.A. in Raleigh will fight insurance adjusters who try to pay you as little as possible to settle a valid claim. A civil lawsuit seeking compensation for your medical bills, lost income, pain and suffering is separate from potential criminal charges a driver may face. You will need to pursue a personal injury lawsuit independently of any criminal prosecution of the at-fault driver. We serve all of North Carolina and can help you. Let a personal injury lawyer at Younce, Vtipil, & Baznik, P.A. explain your options in a free, no-obligation legal consultation. Contact us today.

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