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…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…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…Read More
The Social Security Administration imposes strict requirements for claimants attempting to be approved for Social Security disability benefits. For instance, the claimant must not be capable of performing their past relevant work. That is, the claimant must not be able to retain the functional ability to perform the type of jobs they performed during their last 15 years. Another requirement is that the claimant must not be presently working and earning substantial gainful activity. Substantial gainful activity means the ability to earn approximately $1,200 per month. Earnings over the substantial gainful activity threshold will prevent the claimant from being approved for disability. Another requirement is that the claimant must suffer…Read More
Applying for Social Security disability benefits can be a long process. Few claimants are approved initially. After an initial denial, there are time limits to file for reconsideration or to request a hearing. It can take months for the Social Security Administration to schedule a hearing. To make matters worse, the Social Security Administration expects the claimant to notify them if something important happens while their claim is adjudicated and even after they are approved for benefits. Cardinal Law Partners has the experience to know the types of events that the Social Security Administration needs to know about so that benefits are not jeopardized. What Types Of Things Are Required…Read More
Workers should not downplay the importance of scaffolding safety. Many of the injuries that workers suffer at the workplace are from falls. Unsafe scaffolding can be a big contributor to falls at the workplace. Scaffolding injuries can be unique in that the injured worker may not only have a workers’ compensation claim against the workers’ compensation carrier of the their employer, but if the scaffolding was set up and maintained by a general contractor, there might be a third party claim against them. At Cardinal Law Partners, we have years of experience working with workers’ compensation claimants to ensure they get proper medical treatment they deserve as a result of…Read More
It can take years from when a Social Security Disability application is completed to when a claim is ultimately adjudicated. These long waiting times are typically caused by the large number of applicants filing for disability benefits every year. Even if a claimant’s application is approved, he or she may still need to provide proof of disability long after the initial approval. The reason: the Social Security Administration conducts continuing disability reviews (CDR) for SSDI and SSI claims. Understanding Continuing Disability Reviews Continuing disability reviews are conducted by the Social Security Administration to determine whether beneficiaries are still entitled to Social Security Disability and Supplemental Security benefits. A CDR may…Read More
The North Carolina Workers’ Compensation Act requires injured workers file workers’ compensation claims with the North Carolina Industrial Commission within two years of the date of injury or within two years of the defendants’ most recent medical compensation. This will be the procedure unless the defendant has accepted liability for the claim; he or she files an acceptance of liability with the North Carolina Industrial Commission. North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped many clients address these issues through their years of practice. About The Form 18 In order to avoid the two year Statute of Limitations for filing a claim for workers’ compensation…Read More
Years ago, the North Carolina Industrial Commission instituted rules for mediations in workers’ compensation claims processes. When an individual requests a hearing before a Deputy Commissioner, the Industrial Commission will require all involved parties to resolve their disputes via Workers’ Compensation mediation. Although the parties are not obliged to reach an agreement, agreements are reached typically more than 75% of the time. Why Are Workers’ Compensation Mediation Services Needed And How Do They Get Scheduled? Disputes arise in many Workers’ Compensation claims. Disputes can appear from the very beginning when the Workers’ Compensation carrier denies a claim. Rejections can also occur months into a claim and/or over the proper course…Read More
It does not happen often, but Workers’ Compensation claims do get thrown out by the North Carolina Industrial Commission. Although injured workers have rights pursuant to the North Carolina Workers’ Compensation Act, they must be preserved. Provide Written Notices When Needed The North Carolina Workers’ Compensation Act requires notices in a few key areas. Injured workers need to notify their employers within 30 days from the date of accident. You can skip this step if the employer already knows that a workplace injury has occurred. For example, he or she was the person who requested a medical response team. Although this is a written notice, it does not necessarily need…Read More
