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
Are You Experiencing Difficulty Seeking Regular Medical Treatment? Regular medical treatment is a key component of any Social Security Disability claim. The Social Security Administration relies heavily on medical evidence when evaluating claimants who suffer from physical disabilities. Without regular medical treatments, there are no medical records. As a result, no evidence can be evaluated. What Prevents People From Seeking Regular Medical Treatment? When an individual stops work due to disability, there is often an effect on the person’s ongoing medical treatment. Some reasons why people have difficulty obtaining regular medical treatment include: The most common reason claimants have difficulty obtaining regular medical treatment is cost. Once a person leaves…Read More
The North Carolina Industrial Commission is vested as a court of exclusive and original jurisdiction by the North Carolina General Assembly. It was established to adjudicate and administer the North Carolina Workers’ Compensation Act and all claims filed under it. The responsibilities of the North Carolina Industrial Commission include overseeing and facilitating trials of contested cases, as well as administering non-contested cases. Workers who were injured on the job or contracted an occupational disease can claim statutory disability and medical benefits as ordered by the North Carolina Industrial Commission. About North Carolina Industrial Commission’s Full Commissioners The North Carolina Industrial Commission consists of six Full Commissioners. They are appointed by…Read More
Passengers who were injured in car accidents typically have an easier time recovering for their physical injuries than drivers. they must, however, prove the validity of their case. For example, car accident victims who are seeking compensation for their personal injuries must prove negligence (duty and breach of duty), as well as damages (injures). Since passengers have no control over the vehicle, the process of proving their innocence is more straightforward than handling issues pertaining to at-fault drivers (the driver of the car they are traveling in or the driver and/or owner of the vehicle that hit them). Affected passengers should handle their car accident cases like how they file…Read More
What Are The Most Common Injuries In The Construction Industry? Many injuries sustained as a result of an accident at a construction site typically begin with a physician’s initial diagnosis of a sprain or strain. These minor injuries, however, may worsen and require further medical treatment and tests by other physicians. Spinal Injuries Caused By Construction Accidents Injuries sustained as a result of an accident at work in the construction industry may initially be diagnosed as a sprain or strain affecting the neck or back. These injuries, however, may actually be a herniated or bulging disc in the neck or back. These medical conditions require surgery and/or long-term pain management.…Read More
All our team members are North Carolina Board Certified Workers’ Compensation attorneys. Since our inception, Cardinal Law Partners have worked with hundreds of claimants who have varying levels of concerns and worries about filing Workers’ Compensation claims. Most clients are apprehensive when it comes to recovering damages because of potential retaliation from their employers. Cardinal Law Partners is here to assure you are entitled to Workers’ Comp benefits and can file a claim to receive them. Employers Are Not The Ones Paying For Damages In many cases, a Workers’ Compensation claim has an employer and an insurance company named in the case. Every employer in North Carolina that has three…Read More
The North Carolina Workers’ Compensation Act is a “form driven” legal process. This means that rather than filing complicated legal documents, injured workers and employer are expected to file specific forms required by the North Carolina Industrial Commission. Some of the most important forms are filed at the very beginning. The injured worker is responsible for filing the Form 18 and the employer is responsible for filing the Form 19. The North Carolina Board Certified Workers’ Compensation Attorneys at Cardinal Law Partners have helped clients file hundreds of Industrial Commission forms during their extensive years of practice. What Does The Injured Worker Need To Include In The Form 18? The…Read More
The attorneys at Cardinal Law Partners have spoken to hundreds of clients about their workplace and motor vehicle accidents. We understand that not all the injury symptoms appear immediately. Sometimes, the effects of an accident manifest themselves hours or days later. Cardinal Law Partners has years of experience helping clients develop strong cases where the symptoms that result in disability did not immediately materialize. Insurance Companies Fight Delayed Injury Symptoms After a car accident, the insurance company looks at several key components of the accident report to determine their liability for a claim. Early documentation is instrumental in deciding whether an insurance company pays or fights. Those first components include:…Read More
Will Your Workers’ Compensation Benefits Be Taxed?… Receiving compensation for a workplace injury or a work-related occupational disease is a bad deal for the worker. In North Carolina, the injured worker gets only a portion of their average weekly wage for the weeks they miss from work. The amount injured workers receive is only 2/3 of their average gross weekly pay amount. This often places a strain on the injured worker financially and raises all sorts of questions when it comes to paying taxes. Generally, No Taxes Are Paid For Workers’ Compensation Benefits The good news about receiving weekly workers’ compensation benefits is that they are generally not taxed by…Read More
