This law firm is dedicated to helping clients achieve a just and fair resolution of their legal problem, by holding ourselves to the highest ethical and professional standards. We will be diligent and reliable, and we will be courteous to our clients and all others with whom we come in contact. We will be honest, compassionate and tolerant. Integrity will be our guiding star. We will work as a team for the benefit of our clients and will exhibit consideration and respect for the well being of all persons. We are also committed to making contributions to our society and profession, and through continuing legal education and study we will maintain our knowledge of the law.
At the same time we are also dedicated to providing a stable economic and pleasant environment for all employees. We will keep ourselves mentally and physically healthy, maintain a sense of humor, and develop our unique gifts and creative talents.
The Workers' Compensation Act is a no-fault legislative system designed to compensate employees who get injured on the job. Any employer with three or more employees is required to have insurance coverage or be self-insured to cover injured workers. As a general rule an accident must have occurred while employed which was the cause of disability and/or the need for medical treatment. Occupational disease claims are also covered by the Act. 100% of all reasonable and necessary medical care is paid for by the employer and disability compensation is 66 and 2/3 of the average weekly wage of the employee. Determining the correct average weekly wage is important because all compensation in the future is based on this determination. There is also a cap (or limit) on the amount of weekly benefits that can be obtained. The maximum amount varies from year to year.
This system has been in place in North Carolina since 1929 and periodically is changed by the legislature. Significant changes were made in 1994 and 2011. Lawyers who practice in this field need to keep up with current changes legislatively, as well as changes to the Industrial Commission Rules made by the North Carolina Industrial Commission, the administrative body in Raleigh that administers the Act. There are six Full Commissioners who hear appeals from Deputy Commissioners, who take evidence and render decisions as to whether an employee has a compensable claim, and if so, the amount of disability benefits to be awarded. These hearings are conducted in the county in which the injury occurred. Appeals to the Full Commission are heard in Raleigh.
The Workers' Compensation Act can be complex if the injury is serious and disability continues for a long period of time. Thousands of claims are processed each year without any attorney involvement. However, individuals may need to seek counsel to make sure that the Act is being applied according to the statute. Mr. Jernigan is board certified in this field and is the author of North Carolina Workers' Compensation Law and Practice. The lawyers in this firm do not charge a consultation fee to evaluate a claim and they would be more than willing to discuss your claim confidentially.
One of the most common mistakes made by employees is not notifying the employer of the injury. A Form 18 (Notice of Accident) should be filed with the Industrial Commission within 30 days of the accident. There is a two year statute of limitations which will completely bar the claim, absent fraud by the employer or other equitable arguments. The purpose of these notice requirements is to make sure the employer knows about the injury and can investigate and provide medical care.
Any accident involving negligence of a party that causes injury to another is potentially subject to civil litigation. This firm handles only serious injuries, including death claims. Under North Carolina law, as a general rule, if the injured party contributes in any way to their own injury they are not entitled to recover anything from the negligent party who may primarily have been responsible for the injury. If a party is injured in the workplace the injured employee's only remedy is against the employer under the Workers' Compensation Act. In short, the employee cannot bring a claim against his employer in civil court and get a jury trial for compensation. In that case, the employee is limited to fixed amounts of compensation provided under the Act. Keep in mind that if the injury occurs at the workplace or while in the course and scope of employment and the injury is caused by someone not connected to the employer, two claims exist: (1) a claim for workers' compensation benefits and (2) a claim against the non-employer negligent party. How these two systems interact can be complicated. The employer who steps in and pays immediate benefits has a lien on any money recovered under a civil law suit. This lien can be reduced or eliminated under certain circumstances.
In civil litigation the concept is that the injured individual should get full damages for all injuries sustained. These damages would include monetary compensation for 100% of lost wages, pain and suffering, permanent injury to body parts, scarring, future economic losses caused by the injury and other damages. The amount of insurance coverage of the defendant in a civil claim is important but often this information cannot be obtained until a law suit is filed. If you have been involved in a serious accident we encourage you to call our office and seek a free consultation.
The Jernigan Law Firm is committed to fighting fraud. Leonard Jernigan is actively doing research and has given many presentations on employer fraud to audiences all over the country. For your convenience we have compiled a list of the Top Ten fraud cases for each year. Fraud of any kind in Workers' Compensation cases should not be tolerated, but as the Top Ten lists below reveal, the overwhelming fraud in dollar amounts is done on the employer side of the fence. These corrupt employers drive up costs of the system for honest employers, and N.C. taxpayers have to pay for medical care and other benefits for workers not covered who get injured on the job.
If you suspect fraud, contact the N.C. Department of of Insurance at 800-546-5664.
Check out the Top Ten Fraud cases in the news for 2009-2016:
The entire staff treated me with kindness and integrity! I could not have been more pleased. The entire staff was super professional, and they took the time to make sure I understood every thing about the case and I felt their genuine respect, kindness, and concern about not just my case but about me as a person, not a paycheck. Forever grateful.
You guys were great! During this very difficult time in my life, your support was Godsent. There was no doubt in my mind that you believed in my son. You helped raise awareness out there to help save other families from going through what our family has. Lennie, thank you for everything, thank you for your friendship. If I know of anybody that needs help, I will send them your way.
Everybody is so helpful and cares for their clients.
The firm was by my side for my whole process when I hurt my back at work. They were always there when I called and always stayed on top of things through my whole case. I was very pleased I decided to use the Jernigan Law Firm because nothing stopped when I moved 2,400 miles away. Everything stayed on point. That was a huge help to me. Thanks again to my whole team.
I could not be happier with the thorough attention and care that my case received by everyone at your firm. I was kept informed in a timely manner throughout the process and could not be more grateful for your assistance.
I was seriously injured at work. It was a horrific injury. I knew there would be permanent damage. My wife and I were scared of the future. I worked very hard and earned good money. It was all gone. Shortly after my injury I called The Jernigan Law Firm. I spoke at length with Mr. Jernigan. Mr. Jernigan has helped me every step along the way. The insurance company was difficult to deal with, but the Firm stepped up and made them do the right thing. The entire team at the Jernigan Law Firm is fantastic. Over the years I have had the opportunity to get to know them and they are very nice people. They actually care about me and my family. They pay attention to my needs and take care of all of the legal things that have occurred. They are very professional and go beyond great service. They are always there for me when I need them. Mr Jernigan has called me late in the evening on Sunday to discuss my situation... who does that... Lennie Jernigan does !!!
Everyone did a great job! Thanks for all your help!
Thank you! You are family now!