Seeking Justice for Jennifer Nielsen and Her Family

In the summer of 2007, the nation learned of the violent and tragic death of Jennifer Nielsen.

Jennifer, a young mother of two who was eight months pregnant with her third child, was murdered while delivering newspapers for in Raleigh. Her killer remains at large.

The deaths of Jennifer and her unborn son, Ethen, devastated their family. Then came a second shock. Jennifer’s employer decreed that she was an independent contractor, not an employee, and refused to pay a death benefit under the state’s workers’ compensation law.

Jennifer’s grieving husband, Tim, contacted Dan Deuterman of the Deuterman Law Group, and asked for his help in fighting this decision. Tim knew that no amount of money would ever replace Jennifer, but he was concerned for the future of their children.

At the time of Jennifer’s death, her sons Schyler and Kaiden were just 3 years old and 10 months old. Jennifer had taken the early morning delivery job to earn extra money for her family. That commitment to her family cost Jennifer her life.

Touched by Tim’s grief and determined to deliver some kind of justice for Jennifer, the Deuterman Law Group accepted the case. Dan Deuterman, a UNC-Chapel Hill School of Law Graduate who has a deep commitment to community service and pro bono work, agreed to work on the Nielsens’ behalf for free.

In the case of Jennifer Nielsen, the legal issue at stake was whether she was an employee of the newspaper or an independent contractor. As an employee, Jennifer would be entitled to benefits under the N.C. Workers’ Compensation Act. But if she were an independent contractor, then the Act would not apply.

In 2005, the N.C. Workers’ Compensation Act was changed to presumably exclude newspaper carriers as eligible employees. Many states have grappled with the issue of whether newspaper carriers are independent contractors or employees. North Carolina presumes a newspaper carrier to be an independent contractor, but it is possible to prove that a newspaper carrier is an employee eligible for workers’ compensation benefits.

The Deuterman Law Group prepared to argue the Nielsen family’s case before the N.C. Industrial Commission. Before that became necessary, Dan Deuterman was able to negotiate a settlement with Jennifer’s employer.

The money the family received from that settlement could never replace Jennifer or Ethen or ease the pain of their deaths. But thanks to the pro bono work of the Deuterman Law Group, Jennifer’s young children will be provided for, as their mother always intended.

Dan Deuterman and the entire staff at the Deuterman Law Group are active community supporters and volunteers. The firm encourages its attorneys to do pro bono work and to volunteer their time and legal expertise whenever necessary.

Dan Deuterman and his wife, Dawne, take that commitment to heart and give graciously of their time and money to many organizations.

Kids' Chance of North Carolina is an organization dedicated to making sure that children of workers who have been seriously injured or killed on the job receive an education.

In addition to donating money to the scholarship program, Dan and his staff are actively searching for scholarship applicants and using their resources and influence to spread the word about this worthy cause.

Every year, Kids' Chance gives out scholarships to help these children continue their education at a four-year college, community college or vocational school.

In 2006, Dan and his wife endowed The Daniel Lyndon and Dawne Talbert Deuterman Scholarship to benefit students attending the University of North Carolina at Chapel Hill School of Law.

The scholarship is awarded annually to a student ranked in the top third of his or her college class, who demonstrates financial need and leadership abilities through college involvement and extracurricular activities.