Workers’ Compensation Laws of NC

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Anyone who suffers an accidental injury at work has the right to file a workers’ compensation claim. Filing a workers’ compensation claim is a legally protected activity, which means that it is against the law for your employer to retaliate against you for filing one. If your employer demotes you, threatens to fire you, or creates a hostile work environment by assigning you undesirable tasks, constantly changing the rules, or consistently being unpleasant toward you, it is employer retaliation, and you should talk to an employment lawyer about it.

You can also file a workers’ compensation claim if you get diagnosed with an occupational disease, which is a disease for which your risk is higher than normal due to your line of work. Occupational diseases vary from one occupation to another, but examples include cancer for firefighters (due to the carcinogenic chemicals in the equipment they use) and carpal tunnel syndrome for textile workers.
Most of the time, you should file a workers’ compensation claim with the employer who issues your paycheck. If your employer is subcontracting with another company, you can also file the claim with the company that has hired your employer as a subcontractor.

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Why Do Workers’ Compensation Claims Get Denied?

You do not have to prove negligence on your employer’s part to get your employer to pay your workers’ compensation claim; it is not like filing a personal injury lawsuit or even a car insurance claim. You must only show that the injury or illness is a result of you doing your job. Employers sometimes deny workers’ compensation claims if they think that the symptoms are because of a pre-existing condition instead of because of the work injury. Your employer might also disagree with you about which treatments are necessary or about which work tasks you can still do after the injury.

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‘Birdnesting’ Approach To Joint Custody

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‘Birdnesting’ could be an innovative approach to joint custody

Many divorced parents in North Carolina take time to consider how to best provide their children with a sense of stability. There are a number of custody options that people can consider, and joint or shared custody is perhaps more popular than ever. One alternative type of shared custody option is called “birdnesting.” It means that the kids remain in the family home while each parent moves out on a rotating basis.

In most cases, this is an option for people with some means as the parents generally must maintain a small apartment in addition to the family property. The parents share the apartment as well as the home, moving in and out on a weekly basis while the kids remain in the family house. “Birdnesting” is motivated by a desire not to disrupt the children’s lives by moving, changing schools or making other major changes.

However, “birdnesting” is usually a short-term, transitional solution that is best suited for parents seeking an amicable divorce. When divorcing spouses are regularly arguing, those arguments are likely to continue rather than end during the nesting process. For these families, a traditional joint child custody arrangement may be more suitable. Even for parents with strong communication and a positive relationship, nesting is typically done for a period of three to six months only. It can provide kids with a practical and emotional time to transition to a new family lifestyle. If kept going for too long, however, it could encourage false ideas that the parents may reconcile in the future.

When parents think about divorce, issues relating to the children are often the most emotionally fraught. A family law attorney could help a divorcing spouse negotiate an agreement about child custody and a parenting plan.

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How Courts Handle Parental Disputes

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How courts may handle parental disputes during divorce

Parents in Charlotte who are getting a divorce might think that, if they feel their child is unsafe with the other parent because of alcohol or drug abuse, it will be easy to get a court to act. However, the process is not always that straightforward.

One court ruled that even though a father drank nightly, this did not mean he imbibed when he had the children. Parents will usually need documentation to get a court to act. Ideally, this would be something like police reports, but in the absence of such evidence, parents might get testimony from a child care provider or neighbor. If a court does determine that a parent may be a danger to the child, psychological testing or a blood test might be required.

Parents can keep records that will help them in case of a custody battle. This should include records of any conflict with the other parent and actions such as taking the child to the doctor. One man was worried that his wife would drink and drive with their 7-year-old son in the car. 

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Although he had been the main caregiver for the child throughout their marriage, with divorce looming, she cut off contact with him. He would still probably need documentation to show she was a danger to the child.

In a case like that one, the father could probably get help from the court to get access to the child since both parents have this right. One problem that may arise during a divorce is that some parents think differences in parenting approaches makes the other parent unfit. A court will generally not view it this way. Furthermore, it may hurt a parent’s custody case if the parent appears to be uncooperative.

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2115 Rexford Road, Suite 320 Charlotte NC 28211

PHONE: 704-333-9900

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Mediation V/S Arbitration

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Mediation and arbitration can be a great way to solve traditional legal disputes and can be a less expensive, quicker and more pleasant process than litigation. Mediation and arbitration are considered an informal proceeding in the sense that the parties are not situated in a courtroom with evidence and testimony being presented on the record. These alternatives are not exactly the same and it is important to understand the difference. Mediation has a trained independent third party with no stake in the outcome of the litigation, who will meet with the parties and/or your attorneys to discuss the issues in dispute and to consider ways in which to resolve any disagreements the parties may have to the satisfaction of the parties. It is focused on finding the middle ground that will serve both parties and settle a dispute. Although the parties may not be in a “courtroom setting,” the results of a mediation will be just as legally binding as if the parties actually appeared before a judge. Mediation is really a procedure whose objective is to have the parties’ fashion their own solutions to their disputes, rather than relying on the decision of another person (The Judge) to tell them what they must do.

Arbitration is also neutral party chosen by both sides but has a different task – in this instance, the arbitrator reviews the case and then issue a decision as to which side is right. Arbitration can be binding or nonbinding. In the former case, a party cannot appeal the decision, unless they can prove the arbiter was biased towards the opposition. In the latter, either party can disregard the arbiter and litigate.

How Does Mediation Work?

Certain lawyers have special training in mediation, which may be useful to your case. Your lawyer may be present at mediation and will protect your interests and make sure you do not agree to something unfair under the law. The opposing lawyer will do the same thing for your spouse. The mediator facilitates communication but does not represent either parties’ individual interests.

You should think of mediation as an opportunity to settle your disputes in a manner that is acceptable for you without the delay and risk involved in lengthy, expensive litigation and trial.

Can Mediation Be Used in Child Custody Cases?

Mediation is required in all cases involving custody issues. Shortly after the filing and service of the lawsuit (generally within six to eight weeks), an order will be issued by the court and the parties will be ordered to attend parent education and mediation orientation. If the parties are able to agree on a solution, the mediator will draft a document for the parties to sign. If the parties are unable to reach an agreement, the case will be closed in mediation and a trial will be scheduled to settle the custody/visitation issues.

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What About Property Division in A Divorce?

In disputes involving the division of marital property and debts, a pretrial equitable distribution conference is scheduled early in the case. You and your spouse will be asked to fill out an equitable distribution affidavit shortly after your lawsuit is filed. That affidavit lists the type of property and debts, which are subject to division by the court. You will list the property and provide documentation as to the value of the various assets listed. A schedule for future conferences will be set at that initial conference and the parties and their attorneys will select a mediator and a deadline to complete the mediation prior to the final scheduling conference.

Mediation is the usual method of resolving the disputes involving property and financial issues, however, there are other methods which can be chosen instead of mediation such as arbitration and the use of a judicial settlement conference. Your attorney will assist you is determining the best method for alternative dispute resolution based on the particular facts and circumstances of your case. An equitable distribution trial will be scheduled, if you are unable to reach an agreement in mediation or any other form of dispute resolution.

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TESTIMONIALS

Mr. Plumides is a true advocate. I would highly recommend him, if you are in need. He represented me when I was falsely accused of domestic violence by my newlywed (now ex-)wife. I felt like everyone was against me, without hope, and kicked out of my own home. That is until I found Mr. Plumides, after reading many reviews. He had great reviews and now I know why. He was able to speak with me on my first call to his office. He gathered the facts, explained what to expect and immediately provided guidance as to how to proceed. After meeting in person, I was sure I had found the right attorney. He was extremely knowledgeable of NC law off the top of his head. If I called with an immediate question, he took my call immediately or returned it within a couple hours. I didn't feel like I was going it alone anymore. His staff was highly competent and professional. However, Greg would appear in court himself every step of the way and I knew the matter was being handled personally. As a result of his efforts, my charges were dismissed and subsequently expunged from my record. Did I mention that the flat fee I paid was extremely reasonable? Thank you Mr. Plumides, you are a true credit to your profession.
~ Matt
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He's the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like your his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring to.
~ Michael Neighbors
Greg Plumides is an exceptional attorney! Greg has handled several of our families unfortunate situations over the years. Due to Greg and his teams overall knowledge, as well as, area of expertise each case has been met with success. A reduction in the ticket and even a full dismissal of the case. If you need help, Greg and his Team you can count on! Thank you once again Greg for the expectational service!
~ Kim Katopodis
Greg Plumides was a true advocate for me when I was falsely accused. If you need a knowledgeable, accessible, and hard working attorney on your side, look no further. Did I mention the very reasonable cost? Thank you, Mr. Plumides. (Full review to come on Avvo) Richard Johnson made my separation and divorce as painless as possible. Thank you, Mr. Johnson.
~ Matt Namin
Greg Plumides is a wonderful attorney. He was able to pull together an argument and he was able to get the case against me dismissed with only two days of prep time. I was served just before Easter weekend, so I was only just able to find an attorney that could help me, right before my court date the following Thursday. I began working with Greg on Tuesday evening, and by Thursday morning, he was ready to go. He is very easy to talk to, very knowledgeable and incredibly hard-working.
~ Garrett Reed
Mr. Plumides is an A+ lawyer for an affordable price. My child's mother not being happy with our current custody agreement in Ohio filed false charges of child abuse against me to have the jurisdiction and custody order changed. Child protective services got involved and i was charged criminally for child abuse and she tried to file two protective orders against me. My life was spiraling out of control and i didn't know what to do. I found Mr. Plumides and went for the consultation and knew right then based off of his ability to handle all of my cases (which eliminated me having to hire multiple lawyers), knowledge and experience he was the one i wanted to represent me. He was honest, reassuring, and fought very hard for my best interest. And it all paid off he had both protection orders dismissed. Negotiated on my behalf with child protective services and worked out a plan that i agreed with. And the criminal charge went to trial and was also dismissed. Mr. Plumides has helped me get control of my life back and I couldn't be more pleased with his services. I would most definitely recommend Mr. Plumides to anyone looking for a great lawyer at a reasonable price.
~ Michael Young
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg and Plumides Law Office to anyone.
~ Stew Andrew
Mr. Plumides is very knowledgeable about the legal process he helped my family when we were going through a very difficult time in our life. I would recommend him to anyone.
~ Yvonne Young
Mr. Plumides took my son's court case and he was in trouble and I needed a lawyer not a public defender. He did his job beyond what was expected. He answered calls, called me, went to see my son in jail, let me know he needed a nurse at one time. He got his sentence reduced a to fine that could have ended up being much jail time, more than that my son talks to me different on the phone and has more respect and is off the drugs he was on before he was arrested. Mr. Plumides would not give up and kept in touch with both of us and didn't keep us wondering what was going to happen next. Thank you Mr. Plumides, I would recommend you to anyone in Mecklenburg county. Wish you practiced in more counties.
~ Amanda Young
Mr Greg Plumides is one of the most or is the most informative DUI attorneys I've ever seen or been I had 2 DUI within 3yrs and both were dismissed, Thank you again sir.
~ Andre Chappelle
I wouldn't hesitate, and probably will have to, hire Mr. Plumides again. As a client, Greg spoke to me with positivity and certainty that was unbelievable, before the deposit was paid, I felt like I'd had won my case. Very straight to the point and had my back in the court room 100%. You get what you pay for , and yes Mr. Plumides does carry a hefty wage, but he left no stone unturned, and kept throwin punches on the fly.
~ Cam Coffing
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He’s the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like you’re his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring too.
~ Michael Neighbors
Gregory Plumides was very professional, knowledgeable and efficient! Very experienced Attorney! He helped me to settle all my Divorce matters. I highly recommend his services.
~ Wilson
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg Plumides to anyone.
~ Stewart
Greg was very good to me through a traumatic year of waiting for court personnel, for doing nothing more than a fender bender in a grocery parking lot. Then being accused of a DUI two hours later by aggressive law enforcement in my own home. My only mistake was allowing my cell phone to interfere with a quick response, to a minor bump. Greg was a great lawyer and so well-versed in his field. He "tells it like it is". I would definitely put my trust in him again!
~ Lin
From the moment I met with Mr. Plumides, I knew I found a good attorney - one who was HONEST and truly cared about me and my situation. I was going through a divorce and I had used two other attorneys over the period of a year and half who were dishonest, and only interested in padding their own wallets. Mr. Plumides told me like it was, the TRUTH....He was always professional and his paralegal, Kristin, was excellent as well, and kept on top of everything. They both worked together as a team! His fees were reasonable and I didn't feel like he was "padding" every bill - just the exact opposite! He was extremely fair and truly has a heart of gold. At the end of a divorce or any other situation, most people dislike their attorney - I can honestly say that I think Mr. Plumides is a wonderful person and I was truly lucky to have met him!!!!!!!
~ Susan
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton
After being involved in an auto accident, I contacted Greg Plumides. Choosing him to represent me turned out to be a great decision on my part! He and his paralegal, Kristin, kept me updated and informed as they searched out every avenue to be considered in the case. I ended up with much more of a settlement from the other party then I ever expected. Greg and Kristin were caring and honest, and truly looked out for my best interest. I would highly recommend Greg Plumides law offices to anyone.
~ Annie
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton