Do I Need to Replace My Car Seat After an Accident?

Parents in North Carolina may have questions about whether to replace their child’s safety seat after a car accident. Faced with many childcare expenses, some parents may be reluctant to spend money on a replacement if the car seat doesn’t appear to be damaged.

Experts say car seats that are subjected to the stress put on them in car crashes can be damaged in ways that are not obvious. The National Highway Traffic Safety Administration (NHTSA) says you should always replace a child’s car seat after a moderate or severe crash. But car seats do not automatically need to be replaced after a minor crash, the agency says.

“The decision to replace a car seat after a crash generally depends on the manufacturer of the car seat and the severity of the crash,” says BuckleUpNC.org, a website maintained by the UNC Highway Safety Research Center. “The best way to determine if your car seats need to be replaced is to contact the manufacturer directly and explain the circumstances of the crash.”

Car Seats Save Kids’ Lives

The adequacy of your car seat is certainly an issue worth exploring.

The National Safety Council (NSC) says car crashes are a leading cause of death for children. In 2019, 608 children under age 13 were killed in motor vehicle crashes, according to the NSC’s Injury Facts. Of them, 206 children were unrestrained and many others were inadequately restrained at the time of the crash.

Properly securing children in car seats that meet federal motor vehicle safety standards goes a long way in keeping them safe. The NHTSA estimates that car seats reduce the risk of fatal injury by 71% for infants (younger than 1-year-old) and by 54% for toddlers (1 to 4 years old) in passenger cars. For infants and toddlers in light trucks, the corresponding reductions are 58% and 59%, respectively.

The American Society for the Protection and Care of Children says the use of car seats and safety restraints can reduce the risks children face by 50 to 70% when employed properly.

Does a ‘Minor Car Crash’ Indicate that a Car Seat is Still Safe?

The NHTSA says to follow the car seat manufacturer’s instructions regarding the replacement of the seat after a minor accident.

A minor car accident is one in which ALL of the following apply:

• The vehicle could be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle were injured in the crash.
• If the vehicle has airbags, the airbags did not deploy during the crash.
• There is no visible damage to the car seat.
• Some manufacturers say to replace a seat after any collision.

For example, the user manual for the Graco Snug Ride Classic Connect 35 infant car seat says, “Replace the infant restraint and base after an accident of any kind. An accident can cause damage to the infant restraint that you may not be able to see.”

A medically reviewed article on the Very Well Family blog says, “Even an empty car seat that was buckled into the vehicle will experience crash forces. The force of the car seat moving forward and being held back by the lower anchor strap or tether strap can cause damage that may be invisible but might keep the car seat from doing its job if you’re in another crash.”

The NHTSA used to advise replacing a child’s car seat after an accident but has modified its stance as described above. Very Well Family says the NHTSA changed its policy because some parents were buying used child seats after accidents to save money. Purchasing a used child safety seat increases the potential for having a seat with unrecognized damage.

BuckleUpNC says the best way to determine whether your car seat needs to be replaced is to contact the manufacturer directly and explain the circumstances of the crash. If you do not have the phone number for the manufacturer, BuckleUpNC offers a directory of Car Seat and Vehicle Manufacturers.

After an accident, some car insurance companies will reimburse policyholders for some or all of the cost of a new car seat. This is something to ask about when reporting your accident to your insurance company.

North Carolina’s Child Seat Law

The North Carolina Child Passenger Safety Law (G.S. 20-137.1) requires children younger than age 16 to be properly restrained in an age-, weight- and height-appropriate restraint. Passengers who are 16 and older are covered by the North Carolina Seat Belt Law (G.S. 20-135.2A).

• Children younger than age 8 who weigh less than 80 pounds must be in a properly installed car seat or booster seat when in a motor vehicle. When a child reaches age 8 (regardless of weight) or 80 pounds (regardless of age), a properly fitted seat belt can be used in place of a car seat or booster seat.
• Children younger than age 5 and who weigh less than 40 pounds must be restrained in the back seat if the vehicle has a passenger-side front airbag and has a rear seat.

Ambulances and other emergency vehicles and large buses are exempt from the law, as are cars made before 1968 and pickup trucks, SUVs, and vans made before 1972, which were not required to have seat belts when manufactured.

Do I Need a Car Accident Lawyer after a Minor Crash?

Along with contacting your car seat manufacturer following a minor car accident, you should see a doctor for an evaluation. There are injuries common to car accidents that do not exhibit symptoms right away, including some traumatic brain injuries.

If you or anyone in your car was injured and another motorist caused the crash, you should have a lawyer review the accident. You may have grounds to file an insurance claim against the driver who caused the accident. Contact Younce, Vtipil, Baznik & Banks, P.A., to set up a free legal consultation.

A car accident attorney from Younce, Vtipil, Baznik & Banks in Raleigh, N.C., can explain your legal options. If our law firm handles your claim, we will take care of all the legal issues involved in the accident so you can focus on your physical and emotional recovery. Take advantage of free legal advice to educate yourself. Phone 919-661-9000 now.

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How To File Lawsuit With No Money

It costs $200 just to file a Superior Court lawsuit in North Carolina, and that doesn’t even count the cost of getting the summons served, paying court reporters to transcribe depositions, or paying doctors and expert witnesses for their time in testifying. That can add up to thousands of dollars. It’s a sum that not everyone can simply pull out of their bank account, especially if you have been seriously injured, unable to work, and overwhelmed with medical bills.

Justice should be available to everyone regardless of whether you have or no money at all. If you were injured in an accident due to someone else’s negligence, in many cases you may have a personal injury attorney file a civil lawsuit on your behalf and advance those costs for you.

If you have a personal injury claim – after a car or truck accident, motorcycle accident, slip, and fall accident, or on-the-job accident – the attorneys at Younce, Vtipil, Baznik & Banks are available to help you pursue compensation on a contingency fee basis.

A contingent fee agreement means we will not charge you a legal fee until we are successful and obtain money for you. This allows you to obtain legal help and file a personal injury lawsuit with no upfront costs. You can have professional legal representation from attorneys who have more than 75 years of combined legal experience.

How Does A Contingency Fee Agreement Work?

Under a contingent fee agreement, our legal fee is dependent on our success in handling your personal injury case. If we obtain compensation for you, either through an insurance settlement or a jury award, we will retain a portion of the amount recovered as our professional fee and repay us for the case expenses we have advanced. If we do not recover money for you, you owe us nothing for the attorney fee. However, the state bar requires that you continue to be liable for the court costs the attorney’s advance, regardless of the outcome.

It allows you to hire an experienced lawyer regardless of your financial means and at a much lower financial risk to you.

This also incentivizes us, as your attorneys. We don’t get paid unless we win the case. Our fee is a percentage of how much we recover for you, so we are motivated to recover as much as possible for you.

Another way a contingent fee arrangement protects us both is that our attorneys must have confidence that your case is winnable before we will accept it. We need to believe we can recover enough money to make sure that your needs are met while covering our fees and expenses as well.

Our first meeting with you is free of charge. After we review the facts of your accident, if we believe that we can help you, we’ll offer to handle your case on a contingent fee basis. If you decide to engage our firm, then we’ll begin to investigate your case. If we cannot take your case, we will explain why and discuss the options available to you.

If we decide to pursue the case together, our contingent fee agreement will be in writing. We will review it with you and answer your questions before you sign any documents.

Fees and Expenses in a Personal Injury Claim

Every case is different, but the maximum fee we charge is 33 1/3% of the total recovered in a settlement or court award. For workers’ compensation cases, our fee is 25%. Some law firms charge 40%, and sometimes up to 50%, of the total amount recovered.

Other routine expenses in a personal injury case

• Court and filing fees
• Costs of serving the summons on defendants
• Investigation costs
• Costs of medical records
• Administrative expenses
• Costs of depositions
• Expert witness fees

As we pointed out above, North Carolina’s costs as of 2020 included $200 to file a lawsuit in Civil Superior Court, plus $30 for each defendant served with the lawsuit. A case’s other expenses will vary according to the complexity of the case.

Another thing to keep in mind is that much of the money recovered in a personal injury claim will be used to pay hospitals, doctors, and other creditors. If our attorney fee is more than the amount you would receive after money owed medical providers and health insurance comes out of your settlement, we will automatically reduce our percentage to ensure that our legal fee is not more than what you receive.

Regardless of the costs, we pledge to you that our law firm will never walk away from a settlement with more money than the client.

But Maybe You Don’t Need to File a Lawsuit!

Clients are sometimes surprised to learn that it’s never our objective to file a lawsuit or to go to court. We want to help you secure the money you need to move forward and put the accident you’ve experienced behind you. We can usually negotiate a settlement of an injury claim without going to court and usually without even filing a lawsuit.

What we Do Once Engaged with our Personal Injury Lawyers

• Investigate to prove who should be held liable for your injuries
• Develop a full accounting of your recoverable costs and losses.

Once you have finished the healing process, we will issue a demand letter to the insurance company or companies outlining our case and the compensation you deserve. Usually, a demand letter leads to negotiations toward a settlement. When the insurer refuses to agree to a reasonable settlement, and after a thorough consultation with you, we will be prepared to file a lawsuit. As lawsuits move forward, they are often settled prior to trial. When the few cases that aren’t settled go to court, we go with a well-prepared case and an expectation that we will prevail.

While we handle your claim, you need to get all of the necessary medical care. If you stop seeing a doctor, this gives the insurance company an opportunity to argue that you were not badly hurt. In the meantime, we’ll contact your doctors and other creditors to tell them we are pursuing a claim for you and ask them to delay any bill collection efforts. This will assure them that they can continue to serve you and expect to be paid from your claim settlement.

Contact a Dedicated N.C. Personal Injury Lawyer

If you’ve been badly injured in an accident that was not your fault, don’t accept any insurance company’s quick, low-ball settlement offer. Talk to an experienced personal injury lawyer about what you may reasonably expect to recover for your losses.

Contact Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, N.C. for an insightful and free assessment of your personal injury claim.

We’ll treat you with care and honesty, and if we see a way forward, we’ll be ready to fight for full compensation for you. Get the personalized legal help and answers you need today from NC attorneys with extensive experience in personal injury cases. Phone 919-661-9000 or contact us online.

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The Impact of Marital Misconduct on Divorce in North Carolina

North Carolina is a no-fault divorce state, but marital misconduct can still be a factor in your separation and divorce if either spouse brings a claim for postseparation support or alimony.

If you are entering separation and divorce, and you expect that you or your spouse will request alimony, then you will want to evaluate the issue of marital misconduct with the help of an experienced divorce lawyer. If you are a dependent spouse seeking alimony from your supporting spouse, evidence of marital misconduct on the part of your spouse may assist you in obtaining a more favorable alimony award.

When you meet with your divorce lawyer, you should be prepared to discuss any instances of marital misconduct, including any instances of infidelity or illicit sexual behavior.

What is Considered Marital Misconduct in North Carolina?

Chapter 50 of North Carolina’s General Statutes defines “marital misconduct” as any of the following acts that occur during the marriage and prior to or on the date of separation:

27.  Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.20(4), voluntarily engaged in by a spouse with someone other than the other spouse;
28. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought;
29. Abandonment of the other spouse;
30. Malicious turning out-of-doors of the other spouse;
31. Cruel or barbarous treatment endangering the life of the other spouse;
32.  Indignities rendering the condition of the other spouse intolerable and life burdensome;
33. Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets;
34. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome;
35. Willful failure to provide necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.

NC General Statute § 50-16.3A says the judge shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, the other spouse is a supporting spouse, and an award of alimony is equitable after considering all relevant factors. Marital misconduct is one of the relevant factors the court considers in determining whether an award of alimony is equitable, and if so, the appropriate amount and duration of the alimony award.

If you are a dependent spouse and you committed an act of Illicit sexual behavior as defined above, you will be barred from receiving an alimony award unless, unless your spouse condoned the act or also engaged in illicit sexual behavior.

Establishing Evidence of Adultery in NC Alimony Cases

Trust us when we say your divorce lawyer has heard multiple versions of “She or he can’t prove anything.”

In North Carolina, adultery or illicit sexual behavior may be established if the spouse alleging it can prove that both persons involved simply had the inclination (e.g., flirty behavior)  and opportunity (e.g., presence at a hotel at the same time) to commit illicit sexual acts. It can be difficult to provide absolute proof that an intimate act occurred between two people, but circumstantial evidence, such as testimony about flirty behavior (frequent sexual innuendo or hugging and other touching), a series of sexually-charged texts, or perhaps a private investigator’s photographs of the two at a hotel or beach house, may assist in establishing that an act of adultery occurred.

The allowance of circumstantial evidence and presumption of infidelity due to inclination and opportunity has been recognized in several court decisions. In Romulus v. Romulus, 215 N.C. App. 495, 715 S.E.2d 308 (2011), evidence of the accused spouse’s and a third party’s inclination and opportunity was sufficient to support the finding that the spouse and a third party had engaged in sexual intercourse, despite evidence of the third party’s erectile dysfunction.

Is Marital Misconduct a Factor in Your Divorce? Let’s Talk.

If you or your estranged spouse committed an act or acts of marital misconduct during your marriage, it is best to explore the facts and their potential impact with a divorce attorney as soon as possible. The Raleigh divorce lawyers at Younce, Vtipil, Baznik & Banks can help you develop a pro-active strategy that protects your financial interests as you work through a contested divorce case.

Judges have wide discretion when determining alimony. There may be multiple factors in your case that will help you or your spouse in the eyes of the court. It is important for you to have experienced and skilled legal representation to advocate for your interests. Contact the Raleigh divorce attorneys at Younce, Vtipil, Baznik & Banks today at 919-661-9000 about how we can assist you.

 

 

 

 

 

 

 

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Importance of a Change in Condition in a NC Workers’ Comp Case

The purpose of North Carolina workers’ compensation is to support employees while they recover from workplace injuries or illnesses. The goal is for the worker to get better and return to work. Most do return to work, but others have disabling conditions and are unable to return to work. 

Some injured workers who are receiving workers’ compensation see their condition change for the worse. This becomes an issue if their workers’ compensation claim has been settled but they need further medical treatment.

If an injured worker’s NC workers’ comp benefits need to be adjusted because of a change in condition, the employee may find their employer and/or employer’s insurer reluctant to increase payments. The worker may need a knowledgeable Raleigh workers’ compensation lawyer to reopen the workers’ compensation case and present medical evidence of a change in condition to justify an increase in workers’ comp benefits. 

In the Raleigh area, the workers’ compensation attorneys of Younce, Vtipil, Baznik & Banks, P.A. can help you seek an adjustment of benefits based on a change in your medical condition. We can work to ensure that workers’ comp continues to pay for your medical care and replace lost wages and that your disability rating accurately reflects your condition.

Understanding ‘Maximum Medical Improvement’ and ‘Permanent Partial Disability’

Workers’ compensation benefits may be terminated once the doctor determines that a patient has reached “maximum medical improvement.” This is the point at which the worker has recovered as much as they can be expected to through medical care.

When the worker’s doctor declares the patient has reached maximum medical improvement, or MMI, the worker is either released to return to work and benefits end, or they are assigned a Permanent Partial Disability (PPD) rating or a Permanent Total Disability (PTD) rating. The rating reflects the severity or type of disability.

A worker with a PPD may return to their old job with accommodations for their disability or may take a different job. If the worker must take a job that pays less than he or she earned before being injured, workers’ compensation should pay wage replacement benefits to make up a portion of the lost wages. There are also specific scheduled payments for certain specific types injuries, such as the loss of the use of an arm or leg.

A totally disabled worker would receive benefits based on their PTD rating.

Reaching maximum medical improvement and receiving a PPD rating typically establishes whatever ongoing benefits or lump sum settlement the worker will receive and closes a workers’ comp claim. But, if the worker’s medical condition changes, these benefits may no longer be proper and, if that’s so, they must be adjusted.

How a Change in Condition Affects Your NC Workers’ Comp Claim

Let’s consider a back injury, perhaps the most common cause of missed workdays among American workers. You could injure your back in a workplace accident, such as in a fall, or a bad back could be a cumulative injury caused by years of lifting, bending, stress and strain while on the job.

A back injury may be treated with anything from bed rest and pain relievers to surgery and physical rehabilitation. But back injuries can be degenerative, meaning they may grow worse over time, and back surgery can easily fail to achieve significant pain relief.

If you are out of work with a job-related back injury or any occupational injury, you could face a change in your medical condition and a need to adjust your workers’ comp benefits, even after receiving a disability rating.

North Carolina’s workers’ compensation law gives you only a limited amount of time after the last time workers’ comp has paid a medical bill for you to claim a change in condition and seek additional workers’ compensation benefits. A change of condition claim would require medical evidence that demonstrates substantial worsening of the original occupational injury for which benefits were paid.

When considering a request to modify workers’ comp benefits, the Industrial Commission may increase, reduce or terminate the benefits being provided to an injured worker. Our attorneys can review your circumstances and offer guidance about whether a petition for a change of condition is in order in your case. 

You would need to be ready to rebut any allegations that you did something to exacerbate the injury or to re-injure yourself, which an employer or insurer might try to claim to avoid paying additional benefits.

Conversely, if your condition gets better and you are no longer disabled, you must report this to your employer or the N.C. Industrial Commission, which administers workers’ compensation programs. 

How a NC Workers’ Compensation Attorney Can Help

The workers’ compensation attorneys of Younce, Vtipil, Baznik & Banks, P.A. can help you file for a change in your workers’ compensation benefits based on a change in your medical condition. We can handle all of the paperwork and ensure that your filing meets deadlines and other requirements of the N.C. Industrial Commission. We can serve as your legal counsel and advocate if your claim has advanced to the appeals process.

While workers’ comp rules require you to see the doctor assigned to your claim, you can also see another doctor for a second opinion. If needed, our firm can refer you to physicians in the Raleigh area who we consult with and who understand what information the Industrial Commission will consider about a claimant’s medical condition. 

The North Carolina workers’ compensation system is extremely complex. Most injured workers are not fully aware of their rights or how to enforce them, but they face attorneys for their employer and the workers’ comp insurer who work the system every day.

Let the lawyers of Younce, Vtipil, Baznik & Banks, P.A., protect your benefits and deal with the insurance company if there is a change in your medical condition that warrants an adjustment to your workers’ compensation claim or settlement. Phone us at 919-661-9000 or contact us online to get started with a free initial consultation about your case. 

 

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North Carolina Restricts COVID-19 Liability

As Congress debated a COVID-19 relief package at the end of 2020, you may have heard that a sticking point was the Senate leader’s insistence on providing liability protection to ensure that businesses could not be sued if customers or employees contracted COVID-19 from exposure to the virus on their premises. What was less well-publicized is the fact that as of September 1, 2020, more than a dozen states had passed legislation of their own, shielding businesses from COVID lawsuits.

North Carolina is one of those states. In 2020, the North Carolina General Assembly adopted a bill that provides that in a claim for compensation due to contraction of COVID-19, the defendant is not liable for “any act or omission that does not amount to gross negligence, willful or wanton conduct, or intentional wrongdoing.” Gov. Roy Cooper signed the bill into law. The governor also signed a subsequent bill that granted the owners and operators of community pools the same immunity from COVID-19 liability.

In other words, the burden of proof for showing that you should be compensated for contracting the coronavirus at a business, government agency, or nonprofit is higher than simply proving someone was negligent.

Deciding what constitutes “gross negligence, willful or wanton conduct, or intentional wrongdoing” will be up to courts and juries. According to the North Carolina Pattern Jury Instructions, an act is willful if the defendant intentionally fails to carry out some duty imposed by law which is necessary to protect the safety of the person to which it is owed. An act is wanton if the defendant acts in conscious or reckless disregard for the rights and safety of others. This means that if a business has willfully violated closure orders or curfews, a claim may be successful.

At Younce, Vtipil, Baznik & Banks, P.A., our personal injury lawyers are reviewing possible COVID-19 coronavirus injury claim cases and seeking compensation for our clients, when appropriate. Phone us at 919-661-9000 or contact us online for a free initial consultation if you think you may have a claim.

What is Limited Immunity from COVID-19 Transmission?

The primary COVID-19 limited immunity statute spells out who and what it applies to. The law says “no person shall be liable” except as we describe above, and defines “person” as:

• An individual
• Corporation
• Nonprofit corporation
• Business trust
• Estate
• Trust
• Partnership
• Limited liability company (LLC)
• Sole proprietorship
• Association
• Joint venture
• Government
• Governmental subdivision, agency, or instrumentality
• Public corporation
• Or any other legal entity.

The clause in the second law covers community pools, defined as “a privately owned community swimming pool, including a swimming pool owned or operated by a multiunit apartment complex, homeowners association, or condominium unit owners association.”

The immunity is granted for claims filed up to 180 days after North Carolina’s state of emergency order regarding coronavirus protections is lifted. Unfortunately, as of this writing, there are no concrete plans for when this order may be rescinded.

Some politicians and business lobbyists have pushed for blanket immunity, which would eliminate the possibility of any claim based on the transmission of COVID-19. But this ignores the plight of those sickened because of others’ bad actions and, some argue, weakens incentives for businesses to maintain a safe workplace. On the other extreme, some have argued there should be no immunity, which ignores the potential impact of legal costs on businesses already struggling through the pandemic and insurers facing billions in COVID claims.

North Carolina’s law falls somewhere in the middle, allowing that in some cases it is correct to hold a “person” accountable for disregarding the danger of allowing COVID-19 to spread.

North Carolina’s law also states specifically that COVID-19 immunity does not extend to workers’ compensation claims.

Can I File for Workers’ Compensation if I Get COVID on the Job?

If you believe you contracted COVID-19 from an exposure that occurred while you were at work or otherwise on the job, you should seek workers’ compensation. If your employer disputes your claim, you should also contact an experienced North Carolina workers’ compensation attorney. We believe many employers and their insurers will fight COVID-related workers’ compensation claims filed by workers outside of occupations at the highest risk for COVID exposure.

Workers’ compensation pays for medical care and a portion of lost wages if an employee cannot work because of an illness contracted during the performance of their job duties. Workers’ compensation covers all medical costs, including hospitalization, medications, rehabilitation, and more.

In a workers’ compensation claim, the employee needs to provide evidence that:

• He or she contracted the illness from exposure at a job site or while performing assigned job duties, and
• Because of their job, the employee is at greater risk than the general public for contracting the condition. Because COVID-19 is a pandemic, it will be important to be able to overcome the potential allegation that your COVID exposure likely occurred outside of your job.

North Carolina workers’ compensation laws cite some specific occupational diseases contracted from chemical exposures, which do not require evidence of exposure greater than the general public’s.

The Occupational Safety and Health Administration (OSHA) has divided job types into four exposure risk levels: very high, high, medium and lower risk. Most American workers will likely fall in the lower exposure risk or medium exposure risk levels, OSHA says.

Jobs with a very high or high potential for exposure are held by healthcare and medical laboratory workers and funeral home workers.

The medium exposure risk is found in jobs that require frequent/close contact with people who may be infected, but who are not suspected of having COVID-19. Workers in this category include:

• Those who may have frequent contact with international travelers.
• Those who may have contact with the general public in schools, high population density work environments, and some high-volume retail settings.

Those with a low risk include:

• Remote workers
• Office workers without frequent close contact with coworkers, customers or the public.
• Manufacturing and industrial facility workers without frequent close contact with coworkers, customers or the public.
• Healthcare workers providing only telemedicine services.
• Long-distance truck drivers.

Many ill and injured workers lose important rights and benefits because they delay seeking the help of a workers’ compensation attorney. Don’t wait. Contact Younce, Vtipil, Baznik & Banks in Raleigh, NC, today. The initial consultation about whether you have a valid case is free.

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Increased‌ ‌Remote‌ ‌Work‌ ‌Should‌ ‌Have‌ ‌Little‌ ‌Impact‌ ‌on‌ ‌Workers’‌ ‌Compensation‌ ‌Coverage‌ ‌

As more employees work from home in response to the COVID-19 pandemic, employers and workers are considering the implications for workers’ compensation claims, because accidents can happen at home as easily as in the traditional workplace.

As stated by Insurance Business America, home-based employees have the same workers’ compensation benefits as office employees do.

Little should change in terms of workers’ compensation coverage if employees begin working from home, or “telecommuting.” If you have been working from home and have been injured in an accident while performing work duties and cannot work, you may be entitled to workers’ compensation just as if you had been injured in an office or on the job at a construction site.

In the Raleigh, N.C., area, the workers’ compensation attorneys at Younce, Vtipil, Baznik & Banks, P.A., can help you seek the full benefits available by law after a serious on-the-job injury. At the first sign that your employer or their workers’ compensation insurer is disputing your claim for benefits, contact a Raleigh workers’ comp lawyer at Younce, Vtipil, Baznik & Banks at 919-661-9000 or online for a free, no-obligation case review.

More Employees Have Been Working from Home

While coronavirus concerns have increased the number of people working from home, telecommuting is not a sudden 2020 trend. Before we were forced to work remotely, many industries were offering “work from home” days to help their employees achieve a better work-life balance, says Employment Hero, a human resources management services provider. At the same time, the rise of the gig economy has necessitated home offices for many workers.

In 2017, 3.9 million U.S. employees, or 2.9 percent of the total U.S. workforce, worked from home at least half of the time, up from 1.8 million in 2005, according to the U.S. Bureau of Labor Statistics (BLS).

But, in August 2020, 24 percent of people who were employed worked from home because of the COVID-19 pandemic, the BLS says. That was down from 35 percent in May, the first month that data specific to the pandemic was collected.

Not All Jobs Suitable for Work-from-Home Arrangements

Another BLS study found that 63 percent of U.S. jobs require significant onsite presence, and the remaining 37 percent can be performed entirely at home. Examples of jobs likely to be unsuitable for telework are jobs that involve operating specific equipment or interacting face-to-face with the public.

During the pandemic, more jobs were lost among those that do not translate to telecommuting arrangements than among those that could shift to home work.

Workers with less education tend to be in jobs in which working at home is less feasible. Teleworking is also less feasible in part-time jobs and in jobs found in nonmetropolitan areas.

The BLS says working at home is generally more feasible in management, professional and administrative support jobs and in the information, financial activities, professional and business services and public administration sectors.

Working from home is less feasible in most transportation and production jobs and in the leisure and hospitality, agriculture, and construction industries, the BLS says.

The BLS predicts that telecommuting will increase as workers and employers become more comfortable with telework arrangements. Some of the world’s largest tech companies have already said they are in no hurry to repopulate offices and that working from home will be a permanent option.

Employers’ Responsibilities for Employees Working from Home

The increase in work from home during the 2020 pandemic prompted the U.S. Department of Labor (DOL) to issue a bulletin reaffirming that an employer is obligated to pay for all of the time that an employee works, including telework and remote work.

“An employer is required to pay its employees for all hours worked, including work not requested but suffered or permitted, including work performed at home,” the bulletin says. “If the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked.”

Just as remote work does not alter salary and wage obligations, work based at home does not change North Carolina employers’ duty to provide workers’ compensation insurance to employees and to pay benefits to injured employees. Most North Carolina businesses that employ at least three workers must carry workers’ compensation insurance to protect all full-time and part-time employees in the event of an work-related injury or illness. Employment status is the deciding factor, not location.

Independent contractors are not employees, so they are not covered by workers’ compensation benefits. But some companies will try to classify employees as contactors to avoid obligations to them, such as providing workers’ comp.

There are specific tests to apply to properly classify a work-for-pay arrangement but, in general, independent contractors set their own hours, provide their own tools, equipment and workspace, and determine whether to accept assigned tasks and how they will be handled and finished.

If you are receiving close supervision or direction, it may be that you should be classified as an employee, regardless of where you work.

Were You Injured While Working?

The main question for an employee seeking workers’ compensation benefits is, were you on the job when you were hurt? If your workers’ comp claim is challenged, a court would want to see evidence that your injury did in fact “arise out of” your job duties.

For a telecommuter, the distinction between work life and personal life can blur. This might allow an employer to challenge a work-at-home injury, such as, for example, if you fell out of your office chair as you turned to speak to your child. Further, there is no co-worker or security camera to confirm you were working at the time of the accident.

However, courts are increasingly deciding that an injury should be considered to arise out of employment if general conditions of the job put the individual in a position that he or she could be injured by a neutral risk, such as the risk of falling. In other cases, courts have found that being injured in activities incidental to work duties, such as slipping and falling while going to get a cup or coffee, qualify for workers’ comp, as well.

Contact a Raleigh Attorney About A Challenged Workers’ Comp Claim

As our work lives change, the technicalities of how the law applies to our lives is likely to change as well. But the letter and spirt of the law remain: if you are injured while on the job, then you may be entitled to claim workers’ compensation payments for your medical bills and to replace a portion of lost wages while you recover.

It will cost you nothing to discuss your legal options with an experienced North Carolina workers’ compensation attorney at Younce, Vtipil, Baznik & Banks, P.A., in Raleigh, N.C. Call us at 919-661-9000 now or contact us online for a free claim review and advice about your legal options.

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Car Crash Rates Fall For Drivers In Their 70s

In what it is calling “a remarkable reversal” from a stereotype about elderly drivers being crash prone, an auto safety advocacy group says drivers in their 70s are less likely to be involved in car accidents than drivers in their prime working years.

A new study by the Insurance Institute for Highway Safety says that drivers in their 70s now have fewer fatal crashes per licensed driver and fewer police-reported crashes per mile traveled than middle-aged drivers.

“Historically, older drivers were more likely to crash than other age groups, and they were less likely to survive if they did crash,” a news release about the study says.

In fact, fatal crashes involving older drivers peaked at more than 4,800 in 1997.

As the number of drivers in their 70s has increased in the last two decades, better health, safer vehicles, and possibly infrastructure improvements and changes to licensing policies, have prevented a corresponding increase in car accidents.

Healthier older drivers are less likely to crash because the onset of problems like failing eyesight and impaired cognitive function is delayed, IIHS says. Seniors who are in better shape are also more likely to survive if they do crash.

The trend could become even clearer over the next few years, suggests Jessica Cicchino, IIHS vice president for research and a co-author of “Continued trends in older driver crash involvement rates in the United States: data through 2017–2018.”

“Older adults hold onto their vehicles longer, so it takes longer for them to reap the benefits of (vehicle) safety advancements,” she says in the report. “That means we’re likely to see survival rates continue to improve as these advancements work their way into the U.S. fleet.”

Fatal Car Accidents Among Middle-Aged and Elderly Drivers

Unfortunately, the rate of fatal car accidents overall has been increasing over the last decade.

Since the peak of car accident fatalities among older drivers in 1997, the numbers have been lower, even with vast increases in the number of older drivers and the miles they drive. But a reversal began in 2010, with car accident fatalities increasing among all ages.

“Fatal crash involvement rates per mile traveled and per licensed driver have remained relatively stable in recent years among older drivers, but this is a marked contrast to what has been seen with middle-aged drivers, whose fatal and total crash involvement rates have spiked,” the study says.

The rates of fatal crashes among middle-aged drivers fatal crash and police-reported crash involvement rates per vehicle mile traveled now surpass those for drivers ages 70–79.

For the new study, IIHS researchers compared trends among drivers 70 and over with drivers ages 35-54, looking at fatal crash involvement per 100,000 licensed drivers and per vehicle mile traveled, police-reported crash involvements per vehicle mile traveled, and the number of driver deaths per 1,000 police-reported crashes.

For drivers 70 and over, fatal crash rates per licensed driver fell 43 percent from 1997 to 2018, compared with a decline of 21 percent for drivers ages 35-54. However, virtually all those reductions occurred during the first half of the study period. More recently, fatal crash involvements per driver remained steady for older drivers, while those of middle-aged drivers increased, the report says.

The rates of fatal crashes and police-reported crashes rose substantially for middle-aged drivers in recent years and declined for drivers 70 and over. As a result, septuagenarians had fewer police-reported crashes per mile than middle-aged drivers for the first time in 2017.

Cicchino says time on the road, speeding and alcohol-impaired driving, all of which increase with economic growth, typically lead to more car accident fatalities. This might help explain the difference between older and middle-aged drivers, since older drivers engage in these risky behaviors less frequently.

The IIHS says that a total of 4,973 people ages 70 and older died in motor vehicle crashes in 2018. This is 15 percent fewer than in 1997, when deaths peaked, even though the population of people 70 and older rose.

The results of the study show that fatal crashes involving older adults remain lower than the peak levels in the mid-1990s. Even with the increasing proportion of older drivers on the roads, there has not been an increase in fatal crash rates among older drivers.

Risk of Car Accidents Among the Elderly

Despite the positive trends uncovered in the latest study, age does eventually adversely affect driving ability, according to research cited by the IIHS:

• Specific physical, cognitive and visual abilities may decline with advancing age for some people and are associated with increased risk of crash involvement.
• Many older drivers take medications, which can impair driving ability at any age.
• Failure to yield the right-of-way is the most common error by seniors involved in crashes. In serious crashes, the most frequent error made by older drivers is inadequate surveillance, which includes looking but not seeing and failing to look.
• Compared with younger drivers, senior drivers are more likely to be involved in certain types of collisions — angle crashes, overtaking or merging crashes, and especially intersection crashes.
• Generally, older drivers tend to be aware of their limitations and make adjustments to limit the type of driving they do. But some, including some who have high levels of cognitive impairment, do not adjust their driving.

Contact a Car Accident Attorney

The Insurance Institute study is encouraging news, but accidents can happen to people of any age.

If you are injured by another motorist in a collision, you can hold the negligent driver accountable for your medical bills and other expenses. In Raleigh, N.C., our car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A., can help you obtain compensation to put your life back together if you have been seriously injured in a car accident someone else caused.

Contact us today at 919-661-9000 or online to schedule a free consultation about your legal options if you have been in a car accident.

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