As a general rule, an injured employee’s only recourse for a work-related injury is filing a claim for workers’ compensation benefits with the N.C. Industrial Commission. This is called the exclusivity clause. However, there are exceptions to this general rule based on the facts of how the injury occurred at work. As was highlighted by the N.C. Court of Appeals in Estate of Desmond Stephens v. ADP Total Source (2023) and Alderette v. Sunbelt Furniture Express Inc. (2024), there is the basis for an injured employee suing her/his employer or co-worker for the work-related injury when there is evidence of the following: The employer intentionally engaged in misconduct knowing that such misconduct was “substantially certain” to cause injury or death. “Substantial certainty” being more than a mere possibility or substantial probably. A co-worker acted with willful, wanton and reckless negligence…Read More
This is where you begin when you have a claim. This form MUST be filled out completely and submitted to the Industrial Commission when you have been injured on the job. Here are some steps to follow:Read More
The North Carolina Workers’ Compensation Act allows for medical and disability compensation if workers were injured from workplace accidents. It is common for employers to send their injured workers to designated medical facilities soon after the worker reports the workplace accident. In most cases, the employer will request that the medical facility administers a drug test to determine whether illegal drugs or alcohol contributed to the workplace accident. The North Carolina statute that addresses failed drug tests in North Carolina is General Statute §97-12. Cardinal Law Partners has represented injured workers where drug test results have affected their rights to workers’ compensation benefits. If you have a claim where the result of a drug test might have affect your claim, call experienced attorneys from Cardinal Law Partners right away. Can My Employer Ask For A Drug Test? This is a…Read More
Workers’ compensation cases can be in-depth, complicated, and sometimes challenging. In North Carolina, workers’ compensation is designed as a mandatory insurance program to provide compensation for employees who are injured on the job. There are regulations in place to cover things like long-term disability, lost wages, and medical care resulting from work related injuries. If an employee is injured at work, however, and it is determined that they will need physical therapy, some may wonder if physical therapy is part of medical care for workers’ compensation and covered under workers’ compensation. While in many cases, the answer is a simple, “Yes, physical therapy is covered under workers’ comp,” there are exceptions. Physical Therapy And Workers’ Compensation Most often, workers’ comp pays for physical therapy because it is deemed reasonably necessary as a treatment method and is recommended by a treating…Read More
The last thing you need to worry about after being hurt at work is being tasked with picking up prescription medications, obtaining necessary medical equipment, scheduling and remembering when to make hospital visits, and making/keeping appointments. While you may have a loved one to help out, all of that can still feel like a second full-time job. Worker’s compensation insurance carriers sometimes hire nurse case managers to assist injured workers with the aforementioned tasks. In order for a nurse case manager to be as effective as possible, injured individuals must have a complete understanding of both the limits of a nurse case manager’s role as well as the employee’s rights amidst the workers’ compensation process. What Can Nurse Case Managers Do? Most nurse case managers are registered nurses. They act as medical case workers and are essentially liaisons to the…Read More
Why Is Claim Adjuster Not Calling Me Back Or Responding To My Emails? We often receive phone calls from injured workers because the adjuster is not returning phone calls or responding to emails. In many of these situations I hear from the injured worker that everything was going okay until the claims adjuster stopped returning phone calls and responding to emails. There are several reasons why this situation may happen: 1. There was a change to the adjuster handling the claim but notice of this change was not provided to the injured worker. Many insurance companies will have an adjuster assigned to the claim during the investigation period following work injury to gather information and make a decision on accepting the claim and initiating benefits or denying the claim and refusing to provide benefits for the injury. Once this decision…Read More
Ask your average North Carolinian on the street what occupation they would most often associate with workplace injuries and you’ll likely hear answers involving construction, police, carpentry, warehouse workers, heavy machinery, road workers, etc. Chances are, not many people would say that retail workers are among some of the most dangerous of occupations. That said, just a few years ago, the US reported 26,760 workers’ compensation claims filed by retail salespersons in a single calendar year! In the top 10 occupations filing workers’ comp cases, retail positions rated number six, ahead of even construction laborers and delivery (light truck) service drivers. Why are retail workers getting hurt on the job in such high frequencies? Injuries To North Carolina Retail Store Employees No matter how safe some people may think an industry is, there are always areas that could be further…Read More
Can I Get Pain And Suffering In My South Carolina Workers Compensation Case? Many of our clients have questions about whether you can receive payment for pain and suffering as part of your workers compensation case in South Carolina. The short answer is no. You have likely heard of people who have auto accidents, slip and falls, and other types of civil claims receiving benefits for pain and suffering. In these types of civil law suits, you usually don’t receive anything from the defendants in your claim until the entire claim is settled. One of the trade-offs in workers’ compensation is that you receive no direct payment for pain and suffering but you do receive payment in admitted claims for medical benefits and wage loss benefits during your claim and most of the time, a settlement at the end of…Read More
Can I Be Fired For Filing A Worker’s Compensation Claim In North Carolina? Some people think they cannot be fired while they are on workers’ compensation. Your employer may not fire you in retaliation for you filing a workers’ compensation claim, if that happened, you should contact an employment law attorney. Most employers will not fire you because you filed a worker’s compensation claim. However, you do not have immunity while you’re on workers’ compensation from being terminated for other reasons. For example, if there is a layoff when your company is downsizing you can be laid off despite your status in the workers’ compensation system. Also, if your employer cannot accommodate your restrictions they aren’t required to hold your position indefinitely. They can replace you. Finally, you can also be terminated for misconduct like excessive absences or tardies. North…Read More
We see it all the time. An injured worker calls into our office after a serious injury. They doubt we can help them. They almost apologize for “wasting our time.” “I doubt you can help me,” they say. “I was paid on a 1099 and my employer is telling me I was not covered on their workers’ compensation policy.” It is true. Independent contractors are not covered by the North Carolina Workers’ Compensation Act. Companies that hire independent contractors have no workers’ compensation liability for injuries that the independent contractors sustain. However, the determination of whether a worker is an employee or independent contractor is much more complicated than what the employer calls the worker. Several factors determine whether a worker is an employee or an independent contractor for workers’ compensation purposes. These factors are known as the Hayes factors…Read More
