This is a very common question! Most people have heard this term for motor vehicle accidents, medical malpractice and slip and fall claims. Workers Compensation claims are adjudicated by Industrial Commission which is an administrative area of the law. That means you do not have a jury trial when you go to court, your case is decided by a Deputy Commissioner. Unfortunately, you cannot bring a claim for pain and suffering in a North Carolina workers compensation case. Although you can’t bring a claim for pain and suffering, there are positives to having a workers compensation claim. Instead of receiving payment for your injuries only at the end of your case as in many civil claims, you are eligible to receive payment for lost wages and medical treatment during the course of your case if your case is accepted. Additionally,…Read More
Possible Benefits Outside Of The North Carolina Workers’ Compensation Claim For North Carolina State Employees If you sustained an injury as the result of an accident at work and you were working as an employee of the State of North Carolina on the date of your injury at work, there may be additional benefits outside of the workers’ compensation case that you need to explore. Based on the number of years of service you have as an employee of the State of North Carolina as of the date of your injury at work you may be eligible for Short-Term Disability Benefits via the North Carolina State Retirement System. Claim Eligibility The filing of a claim for Short-Term Disability Benefits via the North Carolina State Retirement System does involve filing deadlines so time of the essence in exploring these additional benefits. If…Read More
Can I Retire When My North Carolina Workers’ Compensation Claim Is Still Ongoing? As long as you are eligible to retire via the employer’s retirement plan or via the Social Security Administration, there is nothing preventing your retirement just because your workers’ compensation claim is still ongoing. However, the real question is, how will my retirement impact my workers’ compensation claim moving forward. The answer to this question all depends on the facts of your workers’ compensation case. If at the time of your retirement your treating physician for the workers’ compensation case has indicated that your injury at work will prevent your return to work for your employer and any other possible new employer, then your retirement will not likely have any impact on your receipt of ongoing benefits for your workers’ compensation case. If at the time of your…Read More
When a claimant has a serious medical condition that is extremely severe, they may meet the Social Security Administration’s criteria for being approved for disability. Disabling Medical Conditions for Social Security need to fall into specific criteria. Disabling Medical Conditions For Social Security If a claimant has a medical condition that meets the standards set out in the Adult Listings Impairments, they are considered disabled. The standards are generally high. Failing to meet the precise standards laid out in the Listing of Impairments does not prevent an individual from being granted benefits, but it does require the claimant to show that they are incapable of performing substantial gainful activity using different evidence. List Of Impairments The Social Security Administration actually lists out how severe impairments must be to be considered disabling. The criteria for most disabling conditions are laid out…Read More
North Carolina Worker’s Compensation Mediations If you have ever been involved in a legal matter, you may have heard the word mediation. Mediations are a dispute resolution conference used to resolve issues between parties in a legal matter. Mediations, unlike arbitrations, are not binding – meaning that you can choose whether to resolve the issues or legal matter. In workers compensation cases, mediation is ordered by the North Carolina Industrial Commission when a party requests a hearing and can also be scheduled voluntarily by the parties to assist with settlement of a case. Multiple parties are present at mediation and currently mediations are conducted both in person or on zoom. The Plaintiff, their attorney, an attorney representing the Defendant, representatives of the insurance carrier and employer and a mediator are present at the mediation. The mediator is an attorney who…Read More
Injuries Accepted In A North Carolina Workers Compensation Claim When we get a call from someone asking for assistance with their case we commonly ask if their case is accepted. The general response is “yes they are paying for my treatment.” Unfortunately, this does not mean your case is accepted or that a certain body part is accepted. Just because an Insurance Company is paying for your medical treatment and paying your weekly benefits doesn’t mean you have an accepted claim. Insurance companies want injured workers to believe this but it is not always accurate. Do not be tricked by the insurance company because they Tell you your case is accepted or they are paying for treatment. Two main statutes control this!! N.C.G.S 97-24 states: “The right to compensation under this Article shall be forever barred unless (i) a claim…Read More
A few things stick out after representing individuals in hundreds of Social Security Disability claims. The best claims always have the best evidence. Experienced disability representatives, like Justin Wraight with Cardinal Law Partners, have learned to hone in on the pieces of evidence that best help individuals get approved for Social Security Disability. Best Evidence For SSD Treating physician support. The law changes slightly years ago so that the Social Security Administration no longer had to give treating physician opinions controlling weight when determining a claimant’s eligibility for Social Security Disability. Despite the weakening of the treating physician’s opinion, treating physician opinions still matter a ton. When a specialist determines that their patient is no longer to work or no longer to perform physical activities that would be required in almost any job, it goes a long way in getting…Read More
Depositions are common in many types of legal matters, but for many individuals who have a Workers Compensation Case, that word may seem a little intimidating! In South Carolina, most workers compensation cases will have multiple depositions during the course of the claim. Depositions are a form of discovery in South Carolina workers compensation cases, which is a fancy way of saying that the parties are gathering information about things like prior injuries, your work history, prior motor vehicle accidents, and your medical history. In most cases, the Defendants will take the injured worker’s deposition in order to get more information in the case. This usually only occurs once during your workers compensation case and an attorney can help you to be prepared for a deposition and what type of questions may be asked. Depositions can also be taken to…Read More
If your employer and workers’ compensation insurance company accepted liability for your injury at work, but your disability checks stopped, the following are options to have the disability checks re-started: 1- Motion to Compel Payment of Benefits. If there has not been to return to work, Order from the North Carolina Industrial allowing termination for termination of the disability checks or settlement of the workers’ compensation claim, then a Motion to Compel Payment of Benefits filed with the North Carolina Industrial may be an option to have the disability checks re-started. 2- Form 23. If the disability checks were terminated based on a return to work or Order from the North Carolina Industrial Commission allowing termination of the disability checks, but your authorized treating physician has now issued a work note removing you from all work, a Form 23 filed…Read More
Follow these tips to take your standard injury claim and turn it into a strong workers’ compensation case: Medical care – make sure that you seek treatment and physician care immediately following your injury. Notify your employer immediately of your injury. (A Report of Injury form is usually standard and kept on file and available by most employers.) File a workers’ compensation claim with the North Carolina Industrial Commission as quickly as possible. Stay consistent and specific regarding the details of your injury and work. Keep in mind that the insurance company is watching your every move. The following will be scrutinized very carefully: appointments, medical records, and your activity on social media. Offer no recorded statements, unless you have consulted with an attorney before doing so. Keep all-inclusive, flawless records. Finally, you deserve compensation for your work-related injury. Get…Read More
