Our Practice
- Workers Compensation
- Employment Law
- Social Security Disability
- Personal Injury and Other Types of Cases
Workers Compensation
The firm handles complex workers compensation cases for individuals across the state. We represent injured workers exclusively, and never represent employers or insurance carriers. We are experienced in handling a wide range of accidents, including serious back injuries, head injuries, and electric burns. We handle chemical exposure cases, such as asbestos, brown lung, occupational asthma, cancer, and other work-related diseases; claims based on psychiatric problems resulting from work stressors or accidents; and repetitive motion disorders such as carpal tunnel syndrome.
Because of our additional legal specialties, when our workers compensation clients have concerns about their employment rights or need assistance with disability benefits, we provide additional legal assistance that other firms do not.
A representative description of cases Ms. Herndon has handled:
- A clerical worker with a work-related herniated disc was out on medical leave, but the workers compensation carrier conducted secret surveillance of her, edited the surveillance reports to distort what she seemed to be able to do, and submitted them to her treating doctor without her knowledge. After her doctor refused to care for her and her benefits were terminated, we successfully fought to have all disability benefits reinstated and to allow her to switch to a new treating doctor, who has since performed the surgery she needed. We also represented the client in her social security disability hearing, advised her regarding retaliatory discharge claims against her employer, and assisted her in obtaining long term disability benefits that help her support her family until she recovers.
- An employee developed asbsetosis after decades of exposure to asbestos as work. The Workers Compensation Act was drafted in a way that barred the worker’s claim because of very restrictive time limits. The employee appealed the constitutionality of the restrictive provisions, which eventually were overturned by the North Carolina Supreme Court as in violation of the claimant’s due process rights. The decision was eventually upheld by the United States Supreme Court. Ms. Herndon handled the appeals of this case with the now Honorable Justice Robin Hudson of the North Carolina Supreme Court.
- A manufacturing plant employee was exposed to chemicals over several years that caused him to develop disabling lung diseases; after an extensive investigation, we identified witnesses who could establish work exposures and obtained company documentation of chemicals used without proper safety procedures. The claim was settled for a six-figure sum prior to hearing.
- An engineer for a major computer company was required to help assemble parts by hammering with his hands. Over time a bone in his wrist began to degenerate so that he lost the use of his hand and developed such severe and constant pain became unable work. Even though he never had an “accident,” we won his workers compensation claim for total and permanent disability after obtaining testimony from local and national medical experts.
Employment Law:
We are one of the few firms in the North Carolina with an experienced employment law practice devoted primarily to representation of employees. Our employment representation includes advice and counseling in all areas of employment law on a consultation basis; negotiation of contracts, severance agreements, non-competition agreements and settlement agreements; representing clients before administrative agencies including the Equal Employment Opportunity Commission; litigating in state and federal court; and handling appeals. Our employment clients range from senior executives of major multi-national corporations to assembly workers, waitresses and construction workers. The firm has a specialty in handling sexual harassment cases.
Representative cases handled by the firm include:
- A textile worker was sexually harassed by her manager and eventually had an emotional collapse and stopped working. We sued her employer and the manager and uncovered evidence of widespread sex and race discrimination throughout the company. This case was eventually settled for a significant figure just prior to trial. We also handled the client’s social security disability claim.
- A restaurant worker was injured on the job and terminated by her company. After she recovered, the company hired her back and then fired her days after senior managers discovered she had been re-employed. We sued for violations of disability discrimination and workers compensation retaliation laws and handled the case through appeals to the North Carolina Court of Appeals and Supreme Court, in which we prevailed. The case was settled for six figures. For links to the appellate decision and publications regarding this case go to:
http://www.aoc.state.nc.us/www/public/coa/opinions/2004/030210_1.htm
http://files.ali_aba.org/thumbs/datastorage/lacidoirep/articles/CMJ_CMJ0704_SCOTT - A senior vice president at a major national software company was terminated without severance in the midst of major company changes. We performed a detailed investigation, asserted claims for severance pay and discrimination, engaged in extensive negotiations and were able to obtain a settlement in the mid-six figures without litigation.
- Multi-plaintiff sexual harassment litigation. We have successfully handled many such cases, including by negotiating settlements, taking the cases to trial if necessary, and assisting the victims in obtaining medical treatment. In one typical case, numerous women were all sexually harassed by the company owner and one was terminated due to her objections. We conducted an extensive investigation and obtained a finding of discrimination by the Equal Employment Opportunity Commission and are awaiting trial.
Social Security Disability:
The firm handles Social Security Disability claims before the different offices across the State and also handle appeals before the Appeals Counsel. Our familiarity with medical and vocational issues from our workers’ compensation and disability discrimination practice, and our extensive hearing experience, helps us present claimant’s cases effectively before the agency.
Representative cases include:
- A young man with severe degenerative disc disease had multiple surgeries and was then released to return to work with limitations. Before we became involved, the Social Security Administration had cut off his benefits. We helped him file a new claim for benefits, developed medical evidence from his doctor that showed how much he was limited in his function, and were able to obtain additional benefits.
- A middle aged man with severe tendinitis in his elbows and shoulders. We obtained a physical restrictions from his doctor and a report from a vocational expert that established that he was disabled from any work.
Personal Injury and Other Types of Cases:
We handle personal injury claims arising from automobile accidents, defective products, sexual assault, accidental falls, and other acts of negligent or intentional misconduct.
We also provide assistance to our clients in other areas, including with general business matters, contract negotiations, employee benefits, and civil rights.