Steps you should take if you are injured at work As the utilization of machinery is increasing in the workplace environment so is the risk of injury. Many organizations are working to make the industry safe to avoid the accidents. They are creating a protected working environment as well as compensations plans in case of…

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 insurance carrier has denied your workers’…

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).  In order to accomplish student safety, a school system should perform…

You’ve been injured at work and you want to know: Is my injury covered under workers’ comp? You were injured at work.  Your Employer is responsible, right?  Your injury should be covered under workers’ comp.  Well, maybe.  The answer depends on exactly how you were injured. Injury by accident North Carolina law defines what type of…

Brian Elston selected to the 2017 Super Lawyers Attorney Brian Elston is honored to be named to the 2017 North Carolina Super Lawyers Rising Star List.  A “Super Lawyer” is a distinguished group of attorneys from around the state honored each year for their expertise in various areas of the law.  No more than 2.5…

What are my work place rights? Americans can thank Dr. Martin Luther King for his work and efforts in securing their work place rights.  Dr. King raised awareness and put political pressure on members of Congress to protect individuals from discrimination and provide equal work place rights. During the early sixties, there were four landmark…

Winter is coming . . . You’ve heard it before: weatherman predicts ice and snow 4 -6 inches.  However, last time they said that, you wore shorts the next day.  You turn off the tv and go to bed.  You wake up and see it: Snowpocalypse has hit.  You decide to go to the grocery…

    North Carolina allows a unique class of claims called “Heart-Balm” torts.  As the name suggests, these claims deal with injuries of the heart in a spousal relationship – most often where one spouse has committed adultery. No statute defines these claims. They have existed for over a hundred years in North Carolina case…

Who’s injured and who’s at fault can make a difference Here’s an all too familiar situation: someone injured in a motor vehicle accident calls my office.  Medical bills are piling up and they aren’t getting better.  They receive a phone call or letter from the insurance company that states the claim is denied.  The reason?…

Brian Elston Law is pleased to announce that it is relocating to the  Patton Parker House effective January 1, 2017.  The historic house is located at 95 Charlotte Street near downtown Asheville, NC.       The Patton Parker House is an ideal fit for Brian Elston Law’s mission and its clients.  As an experienced workers’ compensation…

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