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Brian Elston Law is a personal injury attorney in Asheville, NC and is dedicated to fighting for the people who need it most. Our team is ready to take on your case in a variety of matters from personal injury, to workers comp, wrongful death, employment law, civil litigation, and more.
Does my immigration status affect my right to benefits?
Immigration and Benefits? It is the law in North Carolina that all workers, even undocumented workers, have a right to file for workers' compensation benefits. Rivera v. Trapp, 135 N.C.App. 296, 519 S.E.2d 777 (1999). What happens if an injured worker is not able to...
Supporting students and parents in education matters
Four years ago, my spouse had to make a choice: continue in the teaching profession (as she had been doing for 10+ years) or.....provide for her family and kids the way that she wanted to. At the time the General Assembly was reducing its funding to public schools....
Will my weekly check change if I start my own business?
Will my weekly check change if I start my own business? "Weekly checks" the are benefits an injured worker receives when they are injured on the job. The weekly checks, legally known as temporary total benefits or temporary partial benefits, are provided to injured...
Advocating for Workers’ rights
Advocating for Workers' Rights "At the present time, thousands of jobs a week are disappearing in the wake of automation and other production efficiency techniques. Black and white, we will all be harmed unless something grand and imaginative is done. The unemployed,...
New Year’s Resolution for 2018!
Resolution for 2018! Here's to 2018, and a thanks to 2017.... In 2017, Brian Elston Law concluded a very heavily litigated case. The workers' compensation case reached the North Carolina Court of Appeals all the way from the deputy commissioner level. During the...
Burn Injuries
BURN INJURIES AT A RESTAURANT Work- related burns are one of the primary causes of occupational injuries in the restaurant industry. Burn injuries occur frequently everyday than most restaurant owners care to admit. Working in the restaurant industry comes with the...
What is a good settlement offer?
What is a good settlement offer? It is very common for victims of a personal injury caused by other individual’s fault to get a settlement offer before going to court. In fact, around 95% of personal injury cases are settled before court trial. (1) It turns out that...
Steps to Take After an Accident
Steps you should take if you are injured at work If you are injured at work, you need to document and report it. Even minor injuries can have lasting effects on your health, and the longer you wait the more difficult it is to be compensated for those injuries....
Full Commission Finds for Employee
Brian Elston Law is pleased to share a decision in favor of his client at the Full Commission. In reversing the deputy commissioner, the Full Commission found the Employee credible and that he was in fact injured on the job. A snippet of the decision is below. If the...
Student safety at school
Student safety at school should be a priority for both the parents and school administers. In fact, North Carolina case law states "the foremost priority of a school principal is undoubtedly student safety." In re J.D.R., 206 N.C. App. 761, 699 S.E.2d 139 (2010)....