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…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…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…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.…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…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…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…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…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…Read More
Whether an individual drives a regular truck, a semi, or operates another large vehicle, truck drivers need to know about all resources available to them in the event that they are injured on the job. Truck driver injuries range from crashes to falls to pain caused by repetitive motion. If you work as a truck driver and suffer an injury while at work, it is imperative that you are prepared to file for workers’ compensation benefits. Trucker drivers who suffer work-related injuries can file for workers’ compensation in North Carolina on their own, but it may be helpful to hire a legal professional to help with the process. The assistance…Read More
