Ben S. Greenberg

Ben S. Greenberg concentrates his practice on representing employers in all types of workers’ compensation claims. Additionally, he advises and defends employers against discrimination suits in both federal and state court. Ben has a special emphasis on the transportation industry, and currently serves as the vice chair of the firm’s Trucking and Transportation Practice Group. He is also a member of the Board of Directors for the North Carolina Trucking Association.

Ben has defended clients before all levels of the Industrial Commission, North Carolina Superior Courts, the North Carolina Court of Appeals, and the U.S. District Court for the Western District of North Carolina. In addition to his defense practice, he is a regular presenter on the interplay of workers’ compensation, Family and Medical Leave Act (FMLA), and Americans with Disabilities Act (ADA) issues as well as claims mitigation strategies for employers.

While earning his J.D., Ben completed externships at the North Carolina Court of Appeals and the United States Bankruptcy Court for the Eastern District of North Carolina.

Experience Highlights

Employment and Labor

•Successfully represented municipal alcohol supplier in a North Carolina Retaliatory Employment Discrimination Act (REDA) lawsuit, resulting in pre-trial settlement significantly below costs of defense
•Successfully represented co-employee in defense of disability discrimination and sexual harassment allegations under Title VII, resulting in pre-trial settlement significantly below costs of defense

Workers’ Compensation

•Successfully represented county employer in contesting workers’ compensation disability benefits and defended award through appeal to the North Carolina Court of Appeals, resulting in award of credit for benefits that were not due and payable

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Community Involvement

•Volunteer, United Way
•Volunteer, Habitat for Humanity
•Volunteer, Food Bank of Central and Eastern North Carolina

Publications & Events

Publications

•Quoted in “ A Failed Drug Test Doesn’t Have to be the End of the Road for Truck Drivers ,” Trucking Info , December 12, 2019
•Quoted in “ Is There a Better Way to Drug Test? ” Heavy Duty Trucking, October 10, 2019
•Featured in “ Data Shows There Are More Truckers Than Ever, but Experts Say the Driver Shortage Is Still an Issue ,” Transport Topics News, June 19, 2019

Presentations

•“Fraudulent Workers’ Compensation Claims” (Presenter), 2020 TCA Annual Convention, Kissimmee, FL, March 2, 2020
•“A Trucking Employer Trifecta: Successfully Navigating the Intersection of the ADA, FMCSR, and Workers’ Compensation” (Co-Presenter), Truckload Carrier’s Association Annual Convention, Las Vegas, NV, March 10, 2019
•“Logistics of Navigating the Bermuda Triangle of Employment Law - ADA/FMLA/WC Interplay for Trucking Companies,” NCTA Councils Conference, October 1, 2017
•“WC Claims Mitigation for Employers,” Asheboro Safety Association, November 17, 2016
•Mock WC Mediation & WC Hearing, North Carolina Trucking Association Safety & Human Resources Conference, October 10, 2016
•Mock Trial, North Carolina Trucking Association Safety & Human Resources Conference, September 4, 2015
•“WC Claims Mitigation for Employers,” 85th Annual NC Statewide Safety Conference & Exhibition, May 13, 2015

Webinars

•“Mitigating WC Risk for Transportation Employers,” WC Webinar Series, January 10, 2018

Podcasts

•Contributor, “ Trucking Workers’ Compensation Claims ,” Timely Notice , June 21, 2018

Recent Insights

Ben S. Greenberg Discusses How a Failed Drug Test Doesn’t Have to be the End for Truck Drivers

December 19, 2019

Ben S. Greenberg Quoted in Is There a Better Way to Drug Test? Heavy Duty Trucking

October 10, 2019

Industries in Focus: Trucking and Transportation

July 29, 2019

Ben Greenberg Featured in Data Shows There Are More Truckers Than Ever, but Experts Say the Driver Shortage Is Still an Issue, Transport Topics News

June 24, 2019

Industries in Focus: Professional Employer Organizations (PEOs) and the Gig Economy

May 16, 2019

Ben S. Greenberg Re-Elected to the Board of Directors of the NC Trucking Association

August 28, 2018