When an employer or workers compensation insurance carrier accepts liability for an injury or is ordered to provide benefits by the N.C. Industrial Commission for a work place injury, the injured worker is entitled to receive 2 sets of benefits, disability compensation and medical compensation. Disability compensation takes 3 different forms: total disability, partial disability or a disability rating. Total Disability: When the injured worker is removed from all work he or she may be entitled to a total disability benefits based on 2/3rd of the wages the injured worker was earning during the year before the date of injury. When the injured worker is assigned work restrictions that prevent the injured workers’ return to work for the employer or any other employer, the injured worker may be entitled to total disability check based on 2/3rd of the wages the…Read More
When I talk with clients about the idea of settlement of a workers’ compensation claim, there are several things I always need to address. First, an injured worker does not have to settle his or her workers’ compensation claim and the employer and their workers’ compensation insurance carrier cannot make the injure worker settle your workers’ compensation claim. In workers’ compensation claims, neither party can ever be forced to settle the claim. What I mean by this is if a case goes to hearing before the N.C. Industrial Commission, the Deputy Commissioner presiding over the hearing can not order a settlement. At the hearing, the Deputy Commissioner can address the issues of payment for any past owed medical bills, payment of any past owed disability compensation, whether further medical treatment is needed due to the injury at work in which…Read More
Do I Have To Give Up My Job If I Settle My Workers’ Compensation Claim? When we discuss a settlement for a workers’ compensation claim there are several things we need to discuss at the outset. First, what is it that the injured worker wants to accomplish via settlement. Second, is the injured worker receiving sufficient compensation based on the terms of settlement. When we discuss the idea of what an injured worker wants to accomplish via settlement what I mean by this is does the injured worker want to settle the claim and move on the another employer or does the injured worker want to settle the claim and move forward with applying for Social Security Disability or does the injured worker want to settle the claim but continue to work for the employer or settle the claim but…Read More
Medical Treatment For Work Injury Does This Mean My Case Is Accepted? The short answer is not necessarily. When a person is injured at work and the employer or workers’ compensation insurance carrier are paying for medical treatment this can mean one of two things has occurred for the workers’ compensation claim. First, the employer or workers’ compensation insurance carrier has formally accepted liability for the work injury and agreed to provide benefits to the injured worker due to the injury at work. If the employer or workers’ compensation insurance carrier has filed a Form 60 with the N.C. Industrial Commission or if the employer or workers’ compensation insurance carrier has provided both disability checks and paid for medical treatment and it has been more than 90 days from the date the injured worker provide notice to the employer about…Read More
Clients ask: Who is calling me after my workers compensation medical appointments? Rehab professionals? Megan Callahan Attorney explains in this informative video. Click Here. Read More
Following My Recorded Statement, The Adjuster Now Says I Was Not Injured At Work The information provided in a recorded statement can be critical in terms of the further benefits the employer or workers’ compensation insurance carrier may agree to provide for the work injury. Any time the employer or workers’ compensation insurance carrier is requesting a recorded statement as part of their investigation of the workers’ compensation claim I advise injured workers to consult with an attorney prior to providing the recorded statement. The attorney can provide the injured worker with an overview of the type information that will likely be requested as part of the recorded statement, so the injured worker is prepared to provide the requested information. Additionally, the attorney can advise the injured workers about what information is critical to address as part of the recorded…Read More
As a Board Certified Workers’ Compensation attorney in North Carolina, I have spoken to hundreds of injured workers about their claims. When I speak to these folks after reviewing their cases, there is one question I get asked more than any other: “Am I getting everything from the workers’ compensation insurance company I am supposed to?” Most Workers’ Compensation Attorneys handle claims on a contingency fee basis. That means the attorney fee is contingent on the injured worker receiving compensation. It also means that most law firms only take cases they think compensation is due because that is how they get paid. In order to sort out all the potential cases attorneys will almost always speak to a prospective client for free as part of a free consultation. Injured workers most often want to know whether they are missing out…Read More
To View Video About Worker's Compensation, Click Here.Read More
We often get calls from injured workers when the employer or workers’ compensation insurance carrier has accepted liability for the injured workers’ injury and the injured worker is receiving medical treatment and disability checks for the work while the doctor has removed them from all work due to the work injury. However, at a recent appointment the Doctor allows the injured worker to return to work under certain work restrictions and the employer or workers’ compensation insurance carrier the tells the injured worker that they must return to work for the employer immediately or else the employer or workers’ compensation insurance carrier will terminate and immediately stop the disability checks being provided to the injured workers due to the work injury. When receiving these calls from injured workers the conversation always starts with the question of whether or not the…Read More
