Finding the Ideal North Carolina Investigative Service

There are a lot of reasons that you would want to consider hiring someone who is a specialist in investigative services. The thing to remember is that you will want to do some research to make sure that you are hiring the best company in North Carolina. Here we will talk about some of the things to consider so that you end up with the best services.

 What Do You Need?

You will first want to figure out what types of investigative services you need. Are you trying to find out more about the place you work to find out about what you can get for a job industry, or are you trying to figure out if your partner is cheating on you? These things are going to require different types of assistance.

The first thing to look for on any site that is offering services of this nature is whether or not they offer the right services for your particular situation. Cape Fear Investigative has a large staff capable of covering any investigative service you require.

What Can You Pay?

Another thing that you have to consider when it comes to finding the ideal investigative services in North Carolina is what you can afford. If you are on a severely limited budget, then be sure that you ask the people at the company if they can help you for that amount. There is a chance that they will, and a chance that they will not.

Always remember that changes can usually be made. If you have a very intense need for these services, there is a chance that you can work with the investigator to make the price workable for you. This all depends on what you need and what you can spend.

What is Your Time Frame?

Another good thing to think about when it comes to finding the right Investigative Services is what type of time frame you are working with. Figuring this out can help find the right type of situation without having to wait for too long. Assessing the timeframe of your needs will help you communicate with the people you call and set expectations for the work you need done.

The bottom line is that you can find the best detective services if you take the time necessary to plan out the essentials. Make sure you know the specific type of investigation that you want done, and that you know how much you can spend. Furthermore, the time frame is a rather critical piece in the event of a rushed project.

Once you’ve figured out these essentials, call Scout Solutions at (910) 762-4374.  We provide all kinds of investigative services, and we can help you.

What to do if Hurt or Injured on the Job

IMPORTANT INFORMATION

FOR EVERY WORKER

 

WHAT TO DO IF HURT OR INJURED ON THE JOB

 

TODD E. McCURRY,

WORKERS COMPENSATION ATTORNEY

WILMINGTON, NORTH CAROLINA

 

INTRODUCTION

 

At one time or another, everyone has either been injured or has known someone who has been injured on-the-job. This bulletin provides concrete steps that one can take to protect themselves, friends, or family members who have been injured in an on-the-job accident.

 

FACTS OF LIFE

 

Insurance companies profit and injured workers suffer to the tune of millions of dollars each year because injured workers do not know their rights. Workers rely on the wrong people to give them advice. Most people who have an on-the-job injury rely on their employer or their employer’s personnel department to fill out necessary reports, make sure vital information is saved, and to secure worker’s compensation benefits. Then, to make matters worse, they rely on their employer’s worker’s compensation carrier to give them advice about their rights and benefits. Nothing could be more dangerous. Only slightly less dangerous is listening to your friends, drinking buddies, or neighbors, no matter how well-meaning, for legal advice. The safest source of information is your Wilmington Workers Compensation Attorney, Todd E. McCurry.

 

When a worker is injured, the employer’s usual concerns are (a) replacing the employee or the lost man-hours; (b) possible litigation; (c) increased employee complaints about safety; (d) possible OSHA inspections or safety violations; (e) the costs on their worker’s compensation insurance; and lastly, if at all, (e) the injured worker. Not every employer views these items in this order, however, most employees would be shocked to find that their well-being, treatment, recovery, and care are significantly further down the list than they ever imagined. The simple truth is that once an employee is injured, they become a liability and an adversary to their employer. Also, once an on-the-job injury occurs, the employer and employee become adversaries in the worker’s compensation process. It is not always in the employer’s best interest to timely file claims, to inform the employee of all their benefits, or to preserve evidence, including witness statements and/or photographs. Relying on your employer to provide worker’s compensation advice is like asking a cat to guard a canary. It is foolhardy.

 

 

 

 

12 STEPS EVERY INJURED WORKER SHOULD FOLLOW:

 

  1. REPORT THE ACCIDENT IN WRITING TO YOUR EMPLOYER AS SOON AS POSSIBLE. Every accident, no matter how trivial it may seem at the time, should be reported in writing to your immediate supervisor. This should be done right away. The employee should retain a copy of the written report. If there is no report completed or the employee does not get a copy of the report, the employee should write a letter to the employer and maintain a copy for his or her own records. Throughout my years of practice, I have seen numerous cases where the employee says, “Well the employer knew I was hurt because I told them.” or “They saw me get hurt.” Then at a hearing to determine the employee’s benefits, the employer says, “Well the first we heard about this injury was when the employee has his worker’s compensation attorney file this claim against me and nobody at my company knows anything about them ever being hurt and we don’t believe he was hurt on the job, we believe he was hurt somewhere else.”

 

  1. FILE A FORM 18 WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION. Even if your employer fills out paperwork, promises to file it, promises to report the accident to their insurance company, the government and everybody else on the planet, DO NOT be misled. You have the burden to comply with the North Carolina Workers’ Compensation Act. N.C.G.S.§97-1, et seq. The Rules of the North Carolina Industrial Commission provide that a Form 18 shall be filed within thirty (30) days of the date of the accident and in no event later than two (2) years after the date of the accident. If this notice is not filed with the Industrial Commission and given to the employer, you could lose your claim totally. Do you think your employer’s workman compensation insurance company is going to tell you this?

 

  1. GET THE NAMES AND ADDRESSES OF ALL WITNESSES TO YOUR ACCIDENT. Write down the name, address and phone number for every witness as soon as you are able. Also record the names of all who provide care or first aid to any of your injuries. Yes, they may work with you at the current time and your employer may know where to find them, but people disappear, quit jobs, and/or move. You would be surprised how an accident that you thought everybody in your company saw suddenly has no witnesses. You can be sure that your employer will not help you find witnesses.

 

  1. SEEK MEDICAL CARE IMMEDIATELY. If you suspect you have any injuries, be sure to seek medical care immediately. Inform the medical provider how you were injured. Nothing can slow down a claim more than delayed medical care. For example:

 

Ernie Employee hurts his back at work on Wednesday afternoon. He tries hard, works in pain, and finishes the week. Some time over the weekend Ernie Employee goes to the emergency room and says his back hurts. The doctor examines his back and determines Ernie Employee has what he believes to be a strain. The doctor prescribes him muscle relaxers and takes Ernie out of work. Ernie Employee goes back to the doctor three or four times, and three weeks later tells his doctor that he hurt his back while lifting a motor at Muscle Motors. The insurance company and the employer’s attorney will point out repeatedly that there is no mention of how the accident occurred in Ernie Employee’s medical records until quite a while after the “alleged” date of accident. Furthermore, they will come up with every possible excuse as to how Ernie Employee could have hurt his back, i.e., playing golf on Saturday, changing his oil, cutting his grass, or a previous bad back from when he was in the third grade. Therefore, it is critically important that each and every time you see your doctor, you communicate with him fully, both as to the cause of your injury, pain or symptoms, and the full extent of same. Another common pitfall is failure to tell the emergency room or treating personnel about your injured back when you also have a broken arm. Obviously the broken arm is the most important and painful injury at the time, however, if you do not make a full disclosure of all your injuries, they will come under question later in your workers compensation case.

 

  1. GET A WRITTEN EXCUSE FROM A MEDICAL PROFESSIONAL BEFORE MISSING WORK. North Carolina law clearly provides that it is against the law for an employer to fire an employee who is injured on-the-job or who has to be out of work for any period of time due to an on-the-job injury. However, without a doctor’s excuse, employers routinely get rid of their “problem employees” (read: workers’ compensation claims) when they are hurt and fail to show up for work without a doctor’s excuse. Therefore, if the emergency room or the physician on your initial visit authorizes you to stay out of work, GET IT IN WRITING!! Provide the excuse to your employer before your scheduled time to show up for work. On a related note, if you have been sent back to work and then suffer a relapse and are unable to work, call your doctor, go see your doctor, and get a written note from the doctor. With a written excuse employers and workers compensation insurance adjusters cannot use your absence against you.

 

  1. LIGHT DUTY. If your doctor releases you to return to work with restrictions or to work light duty, be sure your employer, including your shift supervisor, has a written copy of your restrictions. It is your responsibility not to work outside the restrictions the doctor has assigned. Routinely employees injure themselves or do damage to the legitimacy of their case by knuckling under to pressure from their supervisors to “do their job”. The employee often proves the employer’s allegation that they are not hurt by working outside the doctor’s restrictions. Many times this work does permanent damage to the employee’s health and their case. If a written doctor’s restriction is not to lift over ten (10) pounds, then do not lift anything over ten (10) pounds regardless of what your supervisor says or threatens.

 

  1. STATEMENTS TO THE WORKER’S COMPENSATION INSURANCE COMPANY. Do not give a statement to the insurance carrier unless you have a worker’s compensation attorney. The simple fact of the matter is that ten times out of ten the purpose of the insurance adjuster taking a statement is to obtain information to use against you. Any representation that they cannot honor your claim without taking your statement right now is merely an internal procedure or fake. You would be much better served by consulting with your Wilmington Workers Compensation Attorney Todd McCurry before giving any statement. Things as seemingly innocent as explaining how your injury occurred could result in losing your benefits if not stated correctly, i.e., with an eye towards the legal implications involved.

 

  1. “I SPY”. Many insurance companies would rather spend money on private investigators than on employees. Due to occasional workers compensation fraud, most insurance carriers treat or suspect every claimant as a cheat and a faker. Behave at all times as if you are being watched. Many otherwise valid claims have been destroyed because persons with legitimate on-the-job injuries do something in the privacy of their own home or yard that apparently shows they are not injured.

 

For instance, a former injury client who could walk only with a cane or walker for balance due to a knee injury purchased his wife a self-propelled lawn mower. She was, after all, stuck cutting the grass. Just to try it out, he put his cane down and used the self-propelled lawn mower to hold himself upright and did one slow, painful lap around the yard. This was filmed by a private investigator hired by the worker’s compensation carrier. The video introduced at trial made it appear as if my client cut the whole yard and even included a shot of the yard after it was cut. This gave the appearance that my client was faking when he said he could not perform work activity on his injured leg. By the way, his case was lost and this “faker” eventually had to have a total knee replacement.

 

The last time I attended the annual Worker’s Compensation convention in Raleigh held by the North Carolina Industrial Commission about one-third of the booths were private investigation firms hawking their services to insurance carriers. The purpose of hiring these private investigators is an effort to portray employees as frauds. While some fraud does occur, persons should protect their legitimate claims by acting as if they are always being watched. The real fraud is when an insurance company cheats an uninformed employee out of his/her workman compensation benefits.

 

  1. DOCTOR’S APPOINTMENTS. Attend all doctors’ appointments, physical therapy appointments, and get all prescriptions filled. In a surprisingly large number of cases, people injured on the job do not even bother to go back to the doctor. Later, they have serious health problems and the doctor cannot legally or medically connect the problems to their worker’s compensation injury. The client says, “Well I know my back was fine before I got hurt on the job.” There is no record of the employee receiving treatment for six months following the accident. This is a sure way to damage or end your worker’s compensation case. Likewise, if you miss your physical therapy appointments, the insurance company will portray this as evidence that you are not really hurt or do not have a legitimate claim.

 

  1. KEEP COPIES. Maintain copies of your appointment slips, doctor bills, work excuses, and keep track of your medical bills and mileage. Often times people are not aware that they are entitled for mileage more than twenty (20) miles to and from a doctor’s appointment. One must maintain exact records in order to get the necessary compensation.

 

  1. DO NOT LOSE YOUR TEMPER AT THE DOCTOR. On most occasions, the doctor you will be seeing will be one selected by the insurance carrier. The doctor naturally tends to see things in favor of the employer and insurance company. If this medical provider does not give you adequate treatment or take your claim seriously, you are automatically entitled to a second opinion. Do not lose your temper and get labeled a malingerer or troublemaker. This is a label that only makes your case more difficult. Arguing with a doctor will not help you.

 

  1. FINALLY, IF YOU ARE INJURED ON-THE-JOB ALWAYS CONTACT THE LAW OFFICE OF TODD E. McCURRY, P.A., Your Workers Compensation Attorney in Wilmington, North Carolina. I have been a practicing attorney for twenty-four (24) years and have experience handling workers’ compensation claims. I also study and read the new laws and case decisions as they come out. This study assures I am aware of all the breaking trends. Each year I attend many hours of Continuing Legal Education seminars and I attend selected seminars devoted solely to workers’ compensation.

 

TODD E. McCURRY

Attorney at Law, P.A.

207½ Princess Street

Post Office Box 1443

Wilmington, NC 28402

Office: 910-772-1254

Fax: 910-772-1274

Email: lawyertm@bellsouth.net

Email2: todd@toddemccurry.com

 

 

 

This article and its contents are for informational purposes only and are not to be construed as legal advice or as creating an attorney-client relationship.

For more information or to contact Attorney Todd McCurry, call 910-772-1254 or email at todd@toddemccurry.com or lawyertm@bellsouth.net.

 

 

Spousal Spying: Watch Out If You Are Watching Your Spouse

From Rice Family Law

Introduction to Spying

When it comes to spying on one’s spouse, be careful what you wish for – not only may it destroy your marriage, you may expose yourself to criminal and civil liability.

If you must spy on your spouse, educate yourself on the laws of your jurisdiction and the federal laws on the topic; knowing when you are under the purview of the state, federal, or even common law is extremely important as it vastly affects how and to what extent you may spy on your spouse. The safest course of action is to seek legal advice from a licensed attorney before you spy. And hire a licensed and respected private investigator instead of conducting your own surveillance.

The law treats government spying and individual spying differently .

There are differences in the law’s treatment of surveillance based on who is doing it. Generally, the law is more restrictive regarding government/ law enforcement spying than then it is when private individuals are doing the surveillance and even less restrictive for parents monitoring their minor children. However, many boundaries still exist regarding private individuals, and some spying could leave individuals open to being sued civilly or charged criminally in some circumstances.

Criminally, several charges could be levied against someone for spying on another person, including, trespassing or federal wiretapping charges. These are serious crimes and one could face imprisonment and be required to make financial restitution. Tortious Invasion of Privacy and other Civil liability could apply.

Tortious Invasion of Privacy by Intrusion

North Carolina recognizes an action based on an invasion of privacy by intrusion. Invasion of privacy by intrusion is defined as “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” North Carolina does not recognize a cause of action for the invasion of privacy by disclosure of private facts or invasion of privacy by placing a plaintiff in a false light before the public.

Specific examples of intrusion include “physically invading a person’s home or other private place, eavesdropping by wiretapping or microphones, peering through windows, persistent telephoning, unauthorized prying into a bank account, and opening personal mail of another.”

In other words, certain areas may be off-limits to even a spouse. For instance, a video camera installed in a bathroom may be tortious as a reasonable person would likely find it “highly offensive” even in the context of a marriage. No cameras or audio recorders should be employed in a toilet area, shower area, or bedroom area of a spouse.

Interception of oral communications and electronic communications

In North Carolina N.C. Gen Stat. § 15A-287(1)(a) states:

1.Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person:

1.Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.

2.Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1.The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communications; or

2.The device transmits communications by radio, or interferes with the transmission of such communications.

3.Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through violation of this Article; or

4.Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this Article.

Consent by at least one party to a conversation is required before recording a conversation between people. In North Carolina, if you are a party to the conversation, you may consent to your conversation being recorded but you cannot record a conversation to which you are not a participant. Therefore, you cannot legally record a call between your spouse and another person without at least one of them consenting to the recording – even if the conversation is between your spouse and your child. If one person is in another state and not in North Carolina, it may be illegal to record the conversation. Many jurisdictions, including North Carolina, have recognized that parents may vicariously consent on behalf of their minor children to the interception of their conversations. A custodial parent may vicariously consent to the recording of a minor child’s conversations, as long as the parent has a good faith, objectively reasonable belief that the interception of the conversations are necessary and in the best interest of the child. The doctrine of vicarious consent has been applied to parental eavesdropping on conversations between the other parent and their minor children and third parties such as a babysitter or nanny. You must use extreme caution before taping any conversation and we strongly recommend you speak with a licensed attorney to fully understand your rights and responsibilities.

Silent covert video surveillance

Only oral communications are covered by N.C. Gen Stat. § 15A-287(1)(a), and thus, videotaping of a spouse without an audio recording would not be a violation of state and federal wiretapping laws.
Video surveillance by private parties, does not implicate the Federal Constitution’s Fourth Amendment. In, State v. Diaz, 308 N.J. Super. 504, 706 A.2d 264 (App. Div. 1998), it was held that the actions of a child’s parents in contracting with a private company to install audio-video surveillance equipment in their home, for the purpose of observing a babysitter who they suspected of abusing the child, did not implicate the federal or state constitutions, because the allegedly unlawful videotaping was performed by private individuals and not by the government or its agents and the parents vicariously consented to the audio capture on behalf of their child. The denial of the babysitter’s motion to suppress the videotape from evidence, at her trial for aggravated assault and endangering the welfare of a child, was affirmed.

The acquisition of an image is not an interception of a wire or oral communication because the contents of a conversation are not captured. Video surveillance is not the interception of an electronic communication because there has been no interception of the image while it is being transmitted. The audio portion of a videotape is an oral communication and would be subject to the rules discussed above.

However, remember the rules stated above regarding tortious invasion of privacy. Placing a video camera in a private place like the bedroom or the bathroom could still expose you to civil liability.

GPS tracking of a private vehicle

Electronic tracking devices do not “intercept” contents of any wire or aural communication and because the vehicle is traveling on public roads in view of everyone who passes, there is likely no intrusion upon the solitude or seclusion of another or his private affairs or concerns and it also likely not to be offensive to a reasonable person. If the vehicle is titled in your name and it has not been sequestered by contract or court order in favor of your spouse, there appears to be little concern over placing a GPS tracker on the vehicle. Placing such a device on a vehicle that you do not have an ownership interest in, however, could be a trespass to chattels and you could be liable in tort for financial damages. Always consult a licensed attorney before taking any action.

Email / Internet

If you are still living with your spouse and you are not separated, then when considering other forms of communications such as email communications and the like, the key is: whether your spouse has an expectation of privacy that could be invaded. Even if your spouse previously gave you their email password or computer password, they may still have an expectation of privacy and violation of that privacy could open you up to criminal and/or civil penalties. Ask yourself; for what purpose did my spouse give me his or her password? Do not exceed the scope of that purpose. The use of certain programs like spyware, keystroke recorders may be permissible or illegal depending on the technology employed by the software and whether you continue to live with your spouse.

Once separated, access to your spouse’s email without permission is likely a violation of federal and state wiretapping laws even if you had permission prior to the separation.

Conclusion

The most important thing to remember is that any surveillance must be legal, reasonable, and not overly intrusive. The status of the parties (e.g., separated or not, minor child or spouse) and the facts surrounding the type of surveillance will affect the legality and permissibility of it. Criminal penalties including jail time and civil financial penalties may be assessed for illegal and improper activities. Some surveillance may be legally conducted by a licensed private investigator for which an unlicensed individual could face sanctions. This area is fraught with such significant and serious risk both financially and to your very liberty, that you absolutely must develop a plan with your attorney before taking any action.

Author’s Note: This article is in no way meant to be a comprehensive analysis of privacy law or surveillance of a spouse. The Purpose of this article is to impress on the non-lawyer who may read it, the importance of considering all aspects and consequences of their actions and to outline generally some commonly unknown consequences of such for those who may be unaware. The reader interested in learning more should contact their attorney or perform additional research as more than anything this article should promote the commencement of a thorough discussion of these matters.