Parker & Frey PLLC
Free Consultation 910-591-2551 Email

Opt-out clauses leave workers in some states with fewer benefits

In North Carolina, most employers are still required to provide employees with access to workers' compensation benefits, but that is not the case in two other states, and more could be following their lead. Both Oklahoma and Texas offer employers "opt-out" clauses in which companies are allowed to replace workers' compensation with their own plans. Proponents of opting-out say that they are able to offer benefits to workers more quickly and at less cost, but case studies of several injured workers tell a different story.

For example, the family of one Texas worker who fell to his death while painting a communications tower received only $250,000. Under workers' compensation laws, the survivors might have been eligible for up to $1 million in a lifetime. The claim of a health care worker was denied because she reported the injury three hours past the 24-hour cutoff point. Her supervisor had to step in, and the company agreed to give her benefits.

Another health care worker injured her back and has been unable to work for two years, but she was denied benefits because she did not report the injury prior to the end of her shift. Similar stories proliferate, and even in cases where workers get a decision reversed, they often suffer without needed treatment and medication in the meantime.

Even with workers' compensation, individuals' claims may sometimes be denied, or they may face intimidation from employers when they try to file a claim. A person who is injured in a workplace accident may want to speak to an attorney to discuss the best course of action. For example, if the employer is responsible for the injury, the injured victim may want to consider a personal injury lawsuit in lieu of filing a claim for benefits.

No Comments

Leave a comment
Comment Information
  • AV | Peer Review Rated
  • North carolina | Advocates for justice
  • North carolina | Bar Association
  • BBB Accredited Business
  • Board Certified Specialist North Carolina Bar
Email Us For A Response

Get A Free, No-Risk Consultation

Contact our North Carolina law firm by email or at 910-591-2551 to schedule a free consultation with a Fayetteville or Dunn attorney for worker's compensation, personal injury or Social Security Disability. We only get paid if you choose to retain us and we successfully recover compensation for you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Parker & Frey PLLC
600 West Cumberland Street
Dunn, NC 28334

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Dunn Law Office Map

Fayetteville Office
2919 Breezewood Ave
Suite 200B
Fayetteville, NC 28303

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Fayetteville Law Office Map