Ayers, Whitlow & Dressler
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September 2013 Archives

Why the insurance company is suspicious of your claim

When you pursue a worker's compensation claim you may begin to feel like both your Employer and the insurance company are questioning whether you were really hurt or the seriousness of your injury.  We have some clients who say the questioning led them to believe the company or the insurance adjustor did not believe them and they became nervous about this.  The insurance industry is geared toward suspicion.  They question everything.  And the adjustors can be masters of confusion.  Be careful when you speak to an insurance company adjustor without legal advice.  Especially if you are giving a recorded statement. Before long, you may say something unintentional which provides the insurance company the basis for denying your claim in full or in part.  It may be something you have no idea is significant, and it may be a result of you not fully understanding what has been asked. But it is there forever, in black and white, and the insurance defense attorney will use your words against you at the Hearing to determine your claim.  The adjustor will ask you questions which are designed to elicit a certain response and they are hoping you will respond in a certain way.  It is a principal of human tendency that we all want to help someone when being asked information.  But keep in mind, this is not a friendly conversation. The adjustor will usually be polite and kind, but the intent is get something useful to deny the claim or limit liability.  You need good legal advice before you consider talking to an insurance company about the accident and your injury.  The reason everyone seems suspicious is that it is in their interest to be such. If you cannot be believed, it saves them money.  You may be perfectly honest about all questions, but made to feel as though you are hiding something or have left something out.  Don't feel like you have to go this alone.  Get good legal advice from an attorney who concentrates in worker's compensation.   Call us at the number indicated or email us for a initial consultation.  We don't want you to make a mistake in answering questions and risk having your claim denied or lost. Your ability to earn wages for your family is too important.  Your access to appropriate medical treatment is crucial. 

North Carolina trucking company fined after employee's death

Last week we discussed the efforts some North Carolina groups were making to improve safety on our state's farms. One major area of concern on farms is the fact that farmers and farm workers have to operate and work around large machines. One other industry that requires employees to work with large equipment is the trucking industry.

Before fall harvest, NC farms look for new safety strategies

Every year in North Carolina we hear about a few farming accidents. In fact, according to the U.S. Department of Labor, agriculture is the most dangerous industry in the country. Each year approximately 21 people in every 100,000 die on the job. That amounts to 475 farm-related deaths each year.

Underinsured Motorist Coverage

In NC, $100,000 in Underinsured Motorist Coverage isn't exactly worth $100,000! Many people with this limit of coverage believe that their UIM coverage may pay an additional $100,000 in addition to what at an-fault party's liability policy may pay for injuries. However, that is not the case. In North Carolina, payments from an at-fault liability insurance policy are credited against the underinsured policy, which means the underinsured policy actually pays less than you might think. In other words, if the liability policy pays out $50,000, then the undersinsured policy would only have to pay another $50,000 if the injuries justified the payment, not the "limit" of an additional $100,000. Nevertheless, UIM coverage is great insurance to have and we strongly encourage you to make sure you have it! If you've been injured in an auto-accident, whether on the job or not, understanding your rights to compensation from a UIM insurance policy can be daunting.  To find out more, visit our web page at www.ayerswhitlow.com/Personal-Injury/ or call Brett Dressler to set up an appointment to discuss your rights.  

8 North Carolina workers injured after scaffolding collapses

Construction sites are notoriously dangerous for workers. Every year we hear about workers being injured or even killed when machinery malfunctions or debris comes crashing down. Despite the inherent dangers of working in construction, workers still have the right to expect that their employers and other third parties working on a site will do whatever they can to ensure the safest work environment possible. Unfortunately, not everyone takes this expectation seriously.

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