Posts by Noah

Your Safety Net: Claiming Workers’ Compensation in North Carolina

Posted by on Oct 27, 2016 in Workplace Injury

You can experience many difficult consequences from falling ill or becoming injured due to workplace accidents. Aside from the obvious physical challenges brought about by illness or injury, going through such an experience is also sure to cause economic hardship. An illness or injury requires medical attention that could cost you thousands of dollars. It also means losing an opportunity to earn wages as you take time off to recover.

In such situations, you’re going to need to have a safety net to ensure that you and your family are well taken care of for the time of being. This is where workers’ compensation benefits come in.

In North Carolina, almost all employers are required by law to provide their workforce with workers’ compensation insurance coverage. The few exceptions to this rule include, in general, those that employ only a small amount of people into their organization. Businesses that have more than 3 people in their workforce are expected to weekly payments amounting to 66 2/3 percent of your weekly wage.

Filing for workers’ compensation begins with notifying your employer about your current situation. Submit a report of your illness or injury and include documentation from your doctor to this paperwork. Your employer is then expected to fill out and file all necessary forms to be submitted to the North Carolina Industry Commission or the NCIC.

Your employer or their insurance company will be responsible for the initial review of your claim. Should they deny your petition, the will need to send you and the NCIC appropriate notice to give you time to prepare an appeal. The appeal will be made through a hearing with the NCIC or, if necessary, the North Carolina Court of Appeals. In this process, it will be easier to have Raleigh workers’ compensation claim assistance from an experienced attorney.

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The Risk of Injury Faced by Bicycle Riders

Posted by on Aug 18, 2016 in Bicycle Accidents, Personal Injury

For thousands of Americans, riding a bike to work or for exercise is a way of life. Like a motorcycle rider, however, a bicyclist must know that absence or lack of bodily protection puts him/her at high risk of injury or death in the event of an accident.

In 2013, 900 bicyclists died, and about 494,000 were rushed to emergency departments due to injuries sustained in accidents. In 2014, the Educational Pedestrian and Bicycle Safety program, which the National Highway Traffic Safety Administration (NHTSA) introduced, was said to be a very big factor in reducing the number of fatal bicycle accidents, making it go down to 720, a 20% reduction.

Studies conducted by the Centers for Disease Control and Prevention (CDC) and the Governors Highway Safety Association (GHSA) reveal that:

  • The most common victims in fatal bicycle accident are adolescents and young adults, aged from 15 to 29 and adults 45 years and older
  • Victims in non-fatal bicycle-related injuries are usually children aged between 5 and 14 and those between 15 and 24 years old
  • The two top contributing factors to bicyclist deaths are alcohol-impairment and failure to wear a helmet
  • The states of California and Florida are the top states where the highest number of male cyclists get killed every year

Thousands of bike accidents lead to fatalities or serious injuries every year. Thus, in an effort to keep bicyclists safe, many states have implemented the bicycle helmet law for children and adults due to the added safety that a helmet can provide. The U.S. Department of Transportation has also made known its Safer People, Safer Streets initiative this 2015 in an effort to improve non-motorized safety.

According to the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., the trauma suffered by bicycle riders can never be undone, however, the parties responsible for causing the accident, which resulted to a victim’s injuries or death, need to be held responsible for their actions or inaction. Thus, bicyclists, who are injured because of the negligence of some drivers or someone who never did a good job, such as in maintaining and keeping roads, sidewalks or parking areas safe, may be able to recover damages for whatever injuries they suffer. Being represented by a highly-competent personal injury or bicycle accident lawyer may be necessary for the victim’s better chances of getting the compensation that he/she is legally allowed to claim and receive.

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Facts About The EB-5 Visa

Posted by on May 23, 2016 in Law

The EB-5 Visa is one of the many ways to get a Green Card in the United States. All an individual has to do is invest in a business and they can become a permanent resident of the country in no time. Every year, there are approximately 10,000 visas allotted for foreign investors and for their families. In 2015, there were 9.764 visas were used and 93% going to investors from Asia. More specifically, 84% were granted to Chinese investors and 3% granted to Vietnamese.

Aplying for a Green Card is a long and tedious process. You can avoid the time delay and strict requirements that are usually faced by applicants.The EB-5 visa applicant will be granted conditional residence status. After two years of stay, the foreign national will then apply to remove this status. Upon meeting the visa requirement, the foreign national will then receive full LPR status. Otherwise, their conditional status is either terminated, required to leave the US, or be placed in removal proceedings.

In 1992, Congress set up the Regional Center Pilot Program in order to create an additional pathway to LPR status via the EB-5 visa. For the regional centers, the investment requirement is the same for the standard EB-5 investors. Visas from the Regional Center Program has grown over the years. In 2014, 97% of all EB-5 visas were issued from the Regional Centers.

When applying for an EB-5 visa, bear in mind that the average waiting time for processing is 13 months. The application will wiat in queue at the USCIS for about 8 – 15 months. Afterwards, it will take an additional six months or more for the review. Upon approval, the applicant will be notified and make an appointment in the nearest embassy or consulate in their country for interview. Once approved, they will need to present the documents upon their arrival in the US.

Two years after the approval of visa, the company where the applicant investeds will provide proof of job creation. You will need the Form I-829 to do this. Once reviewed and approved by the USCIS, the conditional status is changed to permanent and the Green Card issued to the applicant. The card is renewable every 10 years.

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Erb’s Palsy As A Result From Medical Malpractice/Negligence

Posted by on Nov 28, 2015 in Health

Despite improvements in medical and engineering expertise, there are still several things that could FAIL during labor. One of these is Erb’s palsy, also known as brachial plexus palsy. It’s a personal injury requires upheaval to the nerves situated close to the neck, and sustained just during precise distribution. The damage occurs if the baby’s throat is extended aside during a difficult distribution such as a breech presentation (feet first), continuous work, or expulsion of a substantial child. It might even be due to some instrument’s poor usage to help delivery or inappropriate strategy, by which event a doctor could be responsible.

The brachial plexus handles the activity of the forearms and arms. Toddlers who experience Erb’s palsy may have weakness in partial or complete paralysis, or one single arm. Those effects’ permanence will depend on the magnitude of the injury as well as treatment’s availability.

You can find numerous levels of stress, from gentle (neurapraxia) to significant (avulsion). In neurapraxia, the nerves are wounded but not split, and so 3 months should be healed within by the nerve. Avulsion, however, could be the nerves from the spinal cord, which cannot be repaired’s complete detachment.

If you think that your child’s injury was as a result of negligence, perhaps you are ready to file a state for reimbursement. It should be observed that it may be challenging to verify neglect as this kind of harm could be related to components beyond the participating physician’s control, including inadequate health. Nonetheless, in the event the instances plainly reveal disregard, like the rejection of the physician to perform a section if it was requested by the caretaker, then that’s a matter that is different.

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Burn Injuries: Common Causes, Types, and First Aid Steps

Posted by on Aug 21, 2015 in Health, Personal Injury

Burn injuries can be extremely traumatic for victims, causing many lifelong consequences and effects. People who suffer from a serious burn injury face a long road of treatment and recovery that is often painful and difficult. These serious injuries can be caused by a variety of factors. Devastating car accidents that involve explosions, house fires, electrocutions and chemical exposure are just among the different types of accidents identified by the website of the Jeff Sampson Law Firm that can result in such painful and traumatizing injuries. Regardless of the cause, however, the effects of a burn injury can be mitigated if proper first aid is received by the victim.

The type of first aid assistance needed for a burn injury will vary depending on its severity. A first degree burn, which is superficial and common when the victim is scalded by a hot liquid, can be remedied by running the injured area under cool water for 3 to 5 minutes. A cold compress can also be used, but be sure that the temperature isn’t too cool as that can cause further damage to the skin. Once that’s done, burn ointment or aloe vera cream can be applied on the injured area before it is bandaged up using a clean piece of cloth or gauze.

First aid measures are different for the more severe second or third degree burns. Second degree burns cause victims an intense amount of pain, leaving blisters that look raw and wet. Meanwhile, third degree burns leave the injured skin looking charred, leathery, dry, or waxy. Sometimes, the skin might also look white or brown. A third degree burn affects the deepest layers of the skin, sometimes causing nerve damage. As a first aid response for these types of injuries, first remove any pieces of clothing or jewelry surrounding the area of the burn. (However, take note not to forcefully pry off any pieces that might have melted into the victim’s skin.) Afterwards, run the injured area under cool water for 3 to 5 minutes and then wrap it in clean cloth or gauze to keep the area sterilized and avoid infection.

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