Practice Areas

The firm focuses exclusively in the following practice areas from Wilmington to Raleigh and throughout Eastern North Carolina:

  • Workers' Compensation Law
  • Catastrophic Workplace Injuries
  • Failure to Carry Workers' Compensation Insurance 
  • Mediation

Workers' Compensation Law / Catastrophic Workplace Injuries

The first few moments and days following a workplace accident prove critical.  The days and weeks following the diagnosis of an occupational disease require special action.  

Loutit Law understands the urgency and importance of following Industrial Commission procedures, obtaining the best medical treatment, collecting all available disability benefits, developing persuasive medical and factual evidence, working proactively with insurance adjusters and their attorneys, and accessing the most effective expert witnesses.  Mishandling your case in its early stages or failing to comply with critical legal procedures mandated by the Workers' Compensation Act and Industrial Commission often means the difference between a successful claim - and a denied one.  

Likewise, the firm excels at representing clients whose claims are denied, who are informed they failed to comply with certain procedures, who are receiving inaccurate weekly disability benefits, who suddenly lose access to medical or disability benefits, or find themselves out of work without compensation due to their workplace accident.

Failure to Carry Workers' Compensation Insurance:  Felonies / Misdemeanors and Civil Penalties

Loutit Law represents business owners, independent contractors, and self-insureds charged with failure to obtain workers' compensation insurance in violation of N.C. Gen. Stats. §§ 97-93 and 97-94.  

In criminal cases, the firm defends the rights of clients charged with Felony and Misdemeanor Failure to Secure Workers' Compensation Insurance, including appearing in court and negotiating proactively with the district attorney and investigator from the Industrial Commission.  In Eastern North Carolina, local court rules and practices vary across each prosecutorial district.  It is critical to retain an experienced attorney familiar with local court rules and procedures to protect your rights.  Oftentimes, clients of Loutit Law do not have to appear in court.

In penalty assessment cases for clients cited with failure to obtain workers compensation insurance, the firm defends business owners charged with civil penalties that can reach hundreds of thousands of dollars.  Loutit Law assists clients with analyzing Industrial Commission filings, insurance policies, coverage issues, and payroll transaction reports; accurately calculating the number of employees legally employed during periods of noncompliance; negotiating proactively with the Assistant Attorney General; advising clients of all available options; and appearing at Industrial Commission hearings.  On some occasions, data compiled by the state used to calculate penalties and fines unintentionally proves to be inaccurate.  On other occasions, the firm assists clients with reducing the penalty, negotiating a payment plan, and filing motions for an alternative penalty pursuant to N.C. Gen. Stat. § 97-94(b)(2).  

Contempt / Failure to Comply

Loutit Law advises and assists clients who fail to comply with Orders of the Industrial Commission in penalty assessments and other matters, up to and including appearing at contempt proceedings.  More than seven years of experience representing New Hanover County in contempt proceedings, and eight years of experience at the Industrial Commission, assists clients of Loutit Law cited with Failure to Comply and Contempt by the Industrial Commission.

Loutit Mediation

The firm maintains an active mediation practice, assisting clients with resolving disputed workers' compensation, negligence actions, and other matters outside of court.  Mediation allows the parties to control the outcome of a dispute, rather than a judge, Commissioner, or jury.  

For a free case review, please call (919) 355-3000 or click here.