When an injured worker has not been able to return to work following the work injury, the North Carolina Workers’ Compensation Act allows for Insurance Companies to stop an injured worker’s disability compensation checks on their own in some instances, whereas in other instances, the Insurance Company cannot stop these checks without an Order from the North Carolina Industrial Commission. All forms filed by the Insurance Company and when the injured worker provided notice of the injury to the employer impact the Insurance Company’s ability to stop Workers’ Compensation checks on their own versus having to obtain an Order from the North Carolina Industrial Commission before doing so. The North Carolina Board Certified Workers’ Compensation Attorneys at Cardinal Law Partners have helped clients address these issues in their extensive years of practice. When Can An Insurance Company Stop An Injured…Read More
The North Carolina Workers’ Compensation Act requires that an injured employee or the injured employee’s attorney immediately on the occurrence of an accident, or as soon thereafter as practicable, submit a written notice of the accident to the employer. The employee shall not be entitled to any compensation prior to the submission of the notice. Compensation is only released when the employer, his agent or representative, has knowledge of the accident. Alternatively, the injured employee was prevented from doing so due to physical or mental incapacity, or the fraud or deceit of a third party. In most cases, no compensation shall be payable unless a written notice is given within 30 days after the occurrence of the accident. The North Carolina Industrial Commission, however, accepts reasonable excuses. This means that the employer has not been prejudiced thereby. North Carolina Board…Read More
When an employer has accepted liability for an employee’s injury at work, the employer may initiate vocational rehabilitation services at any point during the claim. When an employer has accepted liability for an employee’s injury at work, if the employee has not returned to work or has returned to work earning less than 75 percent of his or her average weekly wages, the employee may request vocational rehabilitation services. In both of these instances, the employer is responsible for paying said vocational rehabilitation services. North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped clients address these issues in their extensive years of practice. Who Provides Vocational Rehabilitative Services? Vocational rehabilitation services shall be provided by either a qualified or conditional rehabilitation professional who is approved by the North Carolina Industrial Commission. Unless the parties mutually agree…Read More
There are many factors that can affect your Workers’ Compensation claim. This article will address the main ones that affect Workers’ Compensation claim outcomes. For example, how employer and/or insurance companies accept or deny liability for worker injuries. North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped many clients address these issues, which typically arise during an injured employee’s Workers’ Compensation claim. Employers’ and Insurance Companies’ Liability Acceptance and Denials Have a Significant Impact on Workers’ Compensation Claim Outcomes When an injured employee files a claim for Workers’ Compensation benefits with the North Carolina Industrial Commission, the employer/insurance company will be required to issue a response, wherein they can either accept or deny liability for the claim. When an employer/insurance company accepts liability for the claim, they must designate a treating physician for the injured employee’s…Read More
When you are injured at work in North Carolina, you may be eligible to receive NC Workers’ Compensation benefits. These benefits may include compensation for your lost or reduced wages, permanent injury to a body part (disability compensation), or compensation for all required medical treatment (medical compensation). Will My NC Workers’ Compensation Be Taxed? A common question is: should the injured employee be prepared to pay taxes or set aside money to pay taxes based on the disability or medical compensation he or she received as part of the Workers’ Compensation claim? The short answer to this question is no. An injured employee will not be taxed by either the State of North Carolina or the United States Federal Government for any disability and/or medical compensation received by the injured employee. This tax-free receipt of benefits applies to the injured…Read More
Cardinal Law Partners recommends that all workers that feel they have been exposed to toxins at their workplace, whether as part of their job or part of their work environment, seek medical treatment right away. Often times, the symptoms from possible toxic exposure are small or seemingly insignificant, but the importance remains that experienced medical attention be sought to monitor and document the exposure. When someone gets necessary medical treatment quickly, it increases the chances of a quick recovery. At Cardinal Law Partners, we have experience in reviewing toxic exposure claims. Our experience is useful in determining whether an injured worker has a viable claim and how to document the case before the employer begin to build a defense. What Are Common Workplace Toxins? Toxins at work include anything that detrimentally affects the workers’ person while performing their job duties.…Read More
The attorneys at Cardinal Law Partners help Social Security disability help claimants pursue benefits at every level of the process. The time frame for a claimant to be approved for disability benefits can take as long as several years. For this reason, it is important to have a good understanding of what the Social Security disability program requires in order to have the best chance of being approved. Cardinal Law Partners has the experience to help claimants navigate the application process. Will A Claimant Be Automatically Denied From Receiving Social Security Disability Benefits For Receiving Any Kind Of Income? To be approved for Social Security disability benefits, a claimant must be unable to earn approximately $1,200.00 per month. This earnings baseline is called substantial gainful activity, or SGA. Individuals that are working and are able to earn SGA are not…Read More
At Cardinal Law Partners, Kristin Henriksen has experience representing individuals in South Carolina workers’ compensation claims and has helped claimants whose claims have been denied by insurance companies and employers. Claims are sometimes denied for reasons that do not hold up under the law. Why Do Claims Get Denied? Claims get denied for several reasons. Some of the more common reasons are outlined below: our employer claims that you are an independent contractor and not an employee. Workers’ compensation benefits are only available to employees. There is an analysis to determine whether someone was actually an independent contractor or an employee, sometimes the employer’s classification as an independent contractor may not be accurate. Sometimes employers and insurance companies fight claims by alleging that the injury occurred as a result of the intoxication. The Defendants do not have to provide workers’…Read More
No two South Carolina workers’ compensation claims are exactly alike. Claims will have different injuries, different insurance companies, different physicians, and different average weekly wages. When facing a severe workplace injury, it helps to have an experienced workers’ compensation attorney. This understanding of the South Carolina workers’ compensation process can benefit those workers needing assistance with their claim. A Step By Step Process For Injured Workers Again, no two claims are exactly alike. However, there are key moments in every claim that help move the claim along and maximize the possibility that the injured worker will receive all the appropriate compensation pursuant to South Carolina law. Notify your employer of your injury. If you are injured at work, notify your employer immediately. Your employer may have a specific physician they send injured workers to. Also, your employer will be able…Read More
The values of workers’ compensation claims in South Carolina differs from claim to claim. Values depend on the amount of wages that you were earning before your injury, the type of medical treatment that you require and the number of body parts injured. Of course, the severity of your injuries and your injuries’ effect on your earning capacity must also be considered. How Does South Carolina Calculate The Compensation Rate? Missing time from work due to a workplace injury does not mean the injured worker receives full pay while missing work. In fact, the injured worker only receives their compensation rate. An injured worker’s compensation rate is determined by calculating 2/3 of their average weekly wage. The average weekly wage is the average amount of wages an injured worker received during the four quarters before they suffered their workplace injury.…Read More
