Workplace injuries in North Carolina arise in different ways. Most individuals do not understand that many types of workplace injuries are not compensable pursuant to the North Carolina Workers’ Compensation Act. Every attorney at Cardinal Law Partners is board certified in North Carolina workers’ compensation law. This type of experience allows our attorneys to help any injured worker and better understand their workplace injuries and best determine whether it falls within the umbrellas of the Workers’ Compensation Act. Below are the three key types of workplace injuries in North Carolina: Injuries by accidents Specific traumatic incidents Occupational Diseases What Is An Injury By Accident? For the run-of-the-mill workplace accident to…Read More
Getting injured at work can be an overwhelming experience. Not only is the injured worker facing medical costs and time missed from work, but there is usually an uncomfortable strain on the employment relationship. Lawyers at Cardinal Law Partners have been there with hundreds of clients over the last 15 years. One of the first things every injured worker needs to know is that some claims are denied by the workers’ compensation carrier and some claims are accepted by the carrier. What Injured Workers Need To Know About Workers’ Compensation Claim Denials Denied workers’ compensation claims mean that the carrier is taking no responsibility for the worker’s injury. Insurance carriers…Read More
It is important to know the statutes that relate to motorcyclists as there are differences that are critical when handling a motorcycle accident case. Motorcyclists have some laws specifically directed toward them that must be followed and reviewed following a motorcycle accident. The driver must complete motorcycle training and pass a test to have an endorsement or motorcycle license in North Carolina They must have a motorcycle learner’s permit or motorcycle endorsement All motorcyclist and their passengers must wear helmets The motorcycle should be considered legal by having all the necessary equipment (brake light, headlight, taillight, horn, 2 mirrors, turn signals, brakes, the exhaust system in good working order, and…Read More
Spoliation of evidence is also known as the preservation of evidence. Spoliation letters (also known as preservation letters) are key when the evidence only exists for short periods of time and are only in one party’s possession. The timing of these spoliation letters or preservation letters is critical. If an injured individual does not get this letter out in time very important evidence can and will be destroyed. This key evidence will then be lost in your case. What Is A Spoliation Letter? It is a letter or notices requesting an adverse party to preserve all relevant evidence. This can include any documents, items, data, videos, vehicles, financials and/or anything…Read More
Even though you may have an accepted Workers’ Compensation claim and getting medical treatment paid for by the Insurance Company, the Insurance carrier could obtain a utilization review at any time during your claim. There are some insurance companies that obtain a utilization review every time medical treatment is recommended to an injured worker and this could result in delayed injured worker care. What Are Utilization Reviews? Utilization reviews are when the insurance company or self-insured administrator hire another doctor or nurse to evaluate whether the services recommended by your own doctor are medically necessary for your specific medical condition. Allegedly, the goal of such utilization reviews is to reduce…Read More
When an injured worker has not been able to return to work following the work injury, the North Carolina Workers’ Compensation Act allows for Insurance Companies to stop an injured worker’s disability compensation checks on their own in some instances, whereas in other instances, the Insurance Company cannot stop these checks without an Order from the North Carolina Industrial Commission. All forms filed by the Insurance Company and when the injured worker provided notice of the injury to the employer impact the Insurance Company’s ability to stop Workers’ Compensation checks on their own versus having to obtain an Order from the North Carolina Industrial Commission before doing so. The North…Read More
The North Carolina Workers’ Compensation Act requires that an injured employee or the injured employee’s attorney immediately on the occurrence of an accident, or as soon thereafter as practicable, submit a written notice of the accident to the employer. The employee shall not be entitled to any compensation prior to the submission of the notice. Compensation is only released when the employer, his agent or representative, has knowledge of the accident. Alternatively, the injured employee was prevented from doing so due to physical or mental incapacity, or the fraud or deceit of a third party. In most cases, no compensation shall be payable unless a written notice is given within…Read More
When an employer has accepted liability for an employee’s injury at work, the employer may initiate vocational rehabilitation services at any point during the claim. When an employer has accepted liability for an employee’s injury at work, if the employee has not returned to work or has returned to work earning less than 75 percent of his or her average weekly wages, the employee may request vocational rehabilitation services. In both of these instances, the employer is responsible for paying said vocational rehabilitation services. North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped clients address these issues in their extensive years of practice. Who Provides Vocational…Read More
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,…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…Read More
