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Workers’ Compensation Guide

Workers’ Compensation Guide

By David Inabinett, Attorney Notify employer of work injury A. Submit a written accident report to your employer no later than 30 days from the date of the accident. B. If unable to complete the written report, notify the employer verbally and complete the written report as soon as possible. C. Be sure to give as much detail as possible about the injury like what you were doing, where you were working, tools being used, who you were working with, supervisor’s name, if machinery malfunctioned, etc. D. Make sure to tell your employer the names of all witnesses to your injury to ensure the witnesses are asked to complete a written witness statement about what they saw/heard happen, along with their full names and addresses. E. Try to take your own pictures of the place of accident/injury (if you are able).  If not ask your employer (or a fellow employee) to take photos of the injury and the accident scene.  IMPORTANT:  Specifically make note if any employer-owned machinery or tools were defective, which led to the accident.  2. Seek treatment immediately A. Have your employer implement immediate first aid; seek immediate emergency care as needed.  B. If you need further medical care, ask your employer which doctor you should see. Most employers will have a list of medical providers that are approved by their workers’ compensation insurance carrier. Most employers will require that you seek treatment at these approved providers for urgent care, ortho, etc.  If you do not, then the workers’ compensation insurance carrier will likely not pay for these medical costs. C. Seek outside treatment only if necessary...
Estate Planning: Digital Media and Assets

Estate Planning: Digital Media and Assets

By E. Drew Nelson, Attorney From the preparation of a simple will and power of attorney to complex trust planning, most people understand the importance of at least some level of estate planning to ensure their wishes are observed upon their death. Each individual’s needs may be different, however, one common thread that links most people in this modern society is the use and control of digital media and assets. There are almost 1.7 billion Facebook users now, 2 billion YouTube users, and just under 1 billion Instagram users globally. Most people have used the internet to access some form of account or transaction from online banking to amazon.com purchases. Our population is only becoming more tied to a digital presence as new generations begin to grow up not knowing life before the internet. In the past, people preserved memories in photo albums; now those may be online on Instagram, Pinterest, or in a Facebook photo album. Daily transactions have also shifted into the digital realm. Online banking now is standard, and where once you had to go stand in line at your local branch, many transactions from depositing funds to securing a loan can be accomplished online. The importance of the rise of the digital world is that upon death it is very unclear what happens to many of these online accounts and digital assets you may possess. There still remains no uniform law regarding the status of digital accounts or assets. Some states have attempted to regulate these assets, but the law is still in its infancy. While state lawmakers try and catch up to the ever-evolving...
“A Home Away from Home” for the Davidson Community

“A Home Away from Home” for the Davidson Community

By Ryan McNeill, Attorney  As we near the end of another year, it is hard to believe that a global pandemic has completely changed the way we interact with our friends, families, and loved ones. One thing that has not changed is the continued commitment and support The Life Center of Davidson County offers to those who need it the most. The Life Center of Davidson County provides quality care for older and impaired adults. Its doors temporarily closed in March 2020 in the wake of the dramatic upheaval brought about by the coronavirus pandemic and the organization paused services for seven weeks to develop a plan to safely serve one of the highest at-risk populations. On May 4, 2020, The Life Center reopened with additional safety protocols that allow them to remain the “home away from home” their clients and caregivers have come to expect. This pandemic has increased the need for caregiver support beyond the doors of The Life Center as people are more socially isolated and financially limited. To expand services during this uncertain time, The Life Center applied for and received CARES Act funding to provide additional support to older and impaired adults and their caregivers.  The CARES Act funds can be used for individuals needing day health services as well as for caregiver support.  With more families working and schooling from home, the need for respite care for older and impaired adults is increasing. Caregiver support services available are: Assistive and technical devices (Adaptive equipment, animatronic pets, hearing aids and table-type devices for communication); personal protective equipment (Gloves, Clorox wipes, Lysol and hand sanitizer);...
Unplanned Disability & Guardianships

Unplanned Disability & Guardianships

By William T. Miller, Attorney at Law What if? We do not like to think about the “what ifs” that revolve around our health, but the recent pandemic has brought certain issues surrounding unexpected disability to the forefront. What if I get sick or am severely injured in an accident? Will my family know what to do? Every attorney in the practice knows from experience that planning ahead can avoid a family crisis later. Consider this scenario: You are 50 years old, divorced, or widowed, with grown children in their 20’s and parents in their 70’s. All of a sudden, you become extremely ill, lose consciousness, and are admitted to the hospital. You are not able to make decisions about your medical care, pay your bills, or manage your finances. If you have planned ahead and have the necessary paperwork in place, your family will know your wishes and be able to make decisions on your care and keep your finances straight until you recover. If you have not taken the steps to complete advance directives and powers of attorney, your family members will be placed in the difficult situation of deciding on your care. If you have minor children or care for a loved one with special needs, the situation becomes even more tenuous. Will your parents make decisions for you? Your grown children? A spouse if you are remarried? During an especially stressful time, this can trigger family squabbles or divide the family as they argue over who is in charge of medical decisions and how finances should be handled. Worse yet, their decisions may not reflect...
September Update 2020

September Update 2020

“Excellence in Practice” – Elder Law, Trusts & Estates David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in the 27th edition of The Best Lawyers in America in the fields of Elder Law, and Trusts and Estates. READ MORE Supporting Our Community At the start of 2020, no one could have predicted that the entire world would be in the midst of a global pandemic. Nine months later with mass layoffs, major brands, and companies going out of business, and new rules for interacting socially, there are a lot of things that are uncertain. One thing that is certain is that our community needs our help more than ever. As a law firm, we are committed to championing organizations that uplift and strengthen our local community. To continue doing our part, here are some organizations that we support and that we encourage you to consider supporting also. READ MORE New Appointment for William T. Miller Gov. Roy Cooper has appointed William T. Miller to the North Carolina Council on Developmental Disabilities. The council, which only appoints 40 people, helps support communities to become more inclusive of people with intellectual disabilities (I/DD) and their families. Miller is a Davidson county native and his area of law includes: Estate PlanningSocial SecurityElder LawBusiness LawTraffic/DWIFamily Law National Senior Center Month This year’s theme was chosen to highlight how senior centers deliver vital connections to support older adults in aging well. Preventing social isolation is vital and a core senior center mission. If you are 55+, check out your county or town’s senior...
Supporting Our Community

Supporting Our Community

By David Inabinett At the start of 2020, no one could have predicted that the entire world would be in the midst of a global pandemic. Nine months later with mass layoffs, major brands, and companies going out of business, and new rules for interacting socially, there are a lot of things that are uncertain. One thing that is certain is that our community needs our help more than ever. As a law firm, we are committed to championing organizations that uplift and strengthen our local community. To continue doing our part, here are some organizations that we support and that we encourage you to consider supporting also. ARC of Davidson County The Arc of Davidson County is a local chapter of The Arc of North Carolina and The Arc of the United States. It was founded in 1964 with a goal to “Secure for all people with intellectual and developmental disabilities the opportunity to choose and realize their goals of where and how they learn, live, work and play.” For over 50 years, The Arc of Davidson County has helped countless individuals, families, and organizations improve the lives of those with disabilities.   Communities in Schools Big Toy Day was canceled this year, and Communities in Schools of Lexington/Davidson County was negatively impacted. The community-based organization provides much-needed programs that offer one-on-one support, mentoring, and a variety of initiatives that help at-risk youth with basic needs in our community. Communities in Schools operates in 24 schools across Davidson County and Lexington City School Districts. Now that North Carolina K-12 students are attending school at home or in a hybrid...
“Excellence in Practice” – Elder Law, Trusts & Estates

“Excellence in Practice” – Elder Law, Trusts & Estates

Brinkley Walser Stoner attorney selected for The Best Lawyers in America® 27th Edition Lexington, NC – David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in the 27th edition of The Best Lawyers in America in the fields of Elder Law, and Trusts and Estates. “I find great reward in helping individuals and families as they take steps to protect themselves and their loved ones,” says Inabinett. “From helping young families make estate plans in preparation for welcoming a child, to working with loved ones to understand elder law and special needs planning as they care for an aging parent or disabled family member, this work is very satisfying. Meeting with clients has been different this year – with many of our discussions taking place virtually – but that does not take away from the knowledge that I’ve made a difference in their lives during what are certainly extra challenging times. I am pleased to have been recognized by my peers for my work in these fields.” Inabinett is a member of the National Academy of Elder Law Attorneys (NAELA™) and has received an AV™ Preeminent Peer Rating from Martindale-Hubbell®. He focuses his practice on Estate Planning, Elder Law, Education/Public School Law, Business Law, and Real Estate Law in Davidson, Guilford and surrounding counties. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and...
August Update 2020

August Update 2020

Three Questions to Ask When Applying for Medicaid Filling out your Medicaid application does not have to be stressful or frustrating. Knowing the requirements, what documents you need and what resources are available all are things that an experienced attorney can “guide you through the application process. READ MORE Celebrating 25 Years Celebrate the 25th anniversary of the Womens Resource Center of Greensboro with weekly online auctions starting August 31st. LEARN MORE Investing in NC’s Future North Carolina has more than $900 million left in federal Coronavirus Relief Funds from the CARES ACT. Governor Roy Cooper’s budget lays out a plan to use this money to continue the state’s response to COVID-19. READ MORE COVID-19 Assistance Opportunity The department of Social Services is issuing emergency assistance for up to $500 per household for help with rent/mortgage payments, utility assistance, emergency food and essential prescription help. LEARN...
Three Questions to Ask When Applying for Medicaid

Three Questions to Ask When Applying for Medicaid

Filling out your Medicaid application does not have to be stressful or frustrating. Knowing the requirements, what documents you need and what resources are available all are things that an experienced attorney can “guide you through the application process. What is Medicaid? Before you start the Medicaid application process, it is important to know what Medicaid is. According to NC Department of Health and Human Services, “Medicaid is a health insurance program for low-income individuals and families who cannot afford health care costs.”  Medicaid programs serve millions of Americans, including low-income adults, children, pregnant women, elderly adults and people with disabilities. Although Medicaid is a federal program, each state has its specific set of rules and regulations that must be followed. Make sure you stay in contact with your State Medicaid Agency for up-to-date information on new and existing laws, and policy changes. Do I Qualify for Medicaid? One of the first questions you ask your attorney is, Do I qualify for Medicaid? Depending on which state you live in, your attorney will help in determining if you qualify for Medicaid.  North Carolina has general requirements for all applicants that include but are not limited to: Age 65 or olderBlind or disabledInfants and children under the age of 21Low-income individuals with familiesIn need of facility-based long-term care servicesReceiving MedicareMeet certain financial need-based requirements (countable assets under $2,000) depending on the type of services sought after  What Services Does Medicaid Cover? Medicaid assists pregnant women, children, the elderly, low income, and disabled individuals. For North Carolina residents who receive Medicaid, it covers mandatory benefits in addition to state services. Please...
July Update 2020

July Update 2020

 Three Things You Should Know Before Buying A House Buying a home is exciting, but the process is not always easy. There are expected and unexpected issues that may arise before, during, and after the home buying process starts. Is now the right time to buy a home? What is a good amount for a down payment?  Should I buy now or wait? These are questions to consider before you move forward. No matter where you are living in North Carolina understanding these  three things will help you during the home buying process: READ MORE Lessons In Finding Happiness It’s intuitive that happiness helps create and sustain emotional resilience. But the converse is true, too. Emotional resilience – knowing how you can get through a crisis with a little less despair and a little more sanity and perspective can also lead to happiness. READ MORE COVID-19 Update From NC Gov. Roy Cooper Governor Roy Cooper and North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen announced that North Carolina will remain in Safer at Home Phase 2 for three more weeks. Cooper also announced that face coverings must be worn when people are in public places as officials seek to stabilize concerning trends of increasing viral spread. LEARN MORE Extra Help For Seniors https://www.co.davidson.nc.us/337/Senior-Services Events When It’s Time to Consider Long-term Care Placement Ryan McNeill will be speaking at The Life Center of Davidson County Caregiver Academy Session. McNeill will help attendees learn to determine how to weigh the pros and cons of the different types of long-term care, options to pay for it, and convincing...