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
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 from at least one severe impairment that lasts, or is expected to last, at least 12 months. What Is The 12 Month Durational Requirement? The 12 month durational requirement just…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 To Be Reported? The Social Security Administration requires many things be reported. A claimant is required to report the following to the Social Security Administration: If your mailing address changes.…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 their scaffolding injury. What Is Scaffolding? Scaffolding is a temporary structure outside of a building that is used to help repair, build, and clean a large structure or building. Frequently,…Read More
