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
Extended Benefit Cases From Industrial Commission Someone told me I can continue to receive disability checks for my workers’ compensation claim even after 500 weeks, is this true? N.C. Gen. Stat. Sec. 97-29(b) notes that an injured employee shall not be entitled to disability checks for a period greater than 500 weeks from the first date such disability checks were issued. However, N.C. Gen. Stat. Sec. 97-29(c) does offer a possible opportunity for an injured employee to continue receiving disability checks beyond the above noted 500-week limit. Several cases have recently been decided by the North Carolina Industrial Commission addressing the issue of extended disability checks beyond the 500-week limit. These cases offer the following items to consider when addressing a claim for disability checks beyond the 500-week limit: There is no presumption that the injured employee is entitled to receive…Read More
Can I Resign From My Job When My North Carolina Workers’ Compensation Claim Is Still Ongoing? The short answer to this question is yes. There is nothing preventing your resignation just because your workers’ compensation claim is still ongoing. However, the real question is, how will my resignation 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 resignation 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 other possible new employer, then your resignation will not likely have any impact on your receipt of ongoing benefits for your workers’ compensation case. If at the time of your resignation you have been able to return…Read More
Previous Relevant Work (PRW) Step four of the five step evaluation process for Social Security Disability claims is whether a claimant can perform their previous relevant work. If the Social Security Administration believes that the claimant can perform their past relevant work, then their claim for benefits will be denied. Previous relevant work consists of all the jobs a claimant held the 15 years before they allege they became disability. Jobs a claimant may have had 20 or 25 years ago do not factor into the analysis. Every job in the national economy is classified pursuant to the Dictionary of Occupational Titles. A job’s classification is broken down into an exertional level (sedentary, light, medium, or heavy) and a skill level (lower skilled jobs are assigned a number close to 1, 2, or 3, while jobs that require more education…Read More
Why Is My Employer Not Paying Me The Same Wages Following My Injury At Work? Following an injury at work, when your treating physician indicates that you can return to work, but only under certain work restrictions, many times your employer will offer light duty work in order to allow your return to work for the employer. Any time this issue comes up in a workers’ compensation case, it is critical that your employer is only offering work within the assigned work restrictions. If your employer is attempting to require you to perform work outside the assigned work restrictions, there may be the basis for you refusing such work and the employer being required to pay disability checks for any lost time from work. Types Of Work If there is uncertainty about what type of work you may be required…Read More
What Benefits Can I Receive For My Worker’s Compensation Case? The benefits you may be entitled to receive as the result of your North Carolina Workers’ Compensation claim fall into two categories: Medical Compensation and Disability Compensation. Unfortunately, there are no benefits you may receive for pain and suffering, based on how the injury impacts you outside of work or for the loss of raises, loss of 401K contributions or loss of health insurance due to your injury at work. This means that assuring you receive all the Medical Compensation and Disability Compensation you are entitled to receive as result of your injury at work is critical for any workers’ compensation case. Medical Compensation Medical Compensation involves the employer/workers’ compensation insurance company’s payment to the treating physician for all the medical treatment, including doctor appointments, treatments provided, prescriptions and travel to/from…Read More
This is a very common question! Most people have heard this term for motor vehicle accidents, medical malpractice and slip and fall claims. Workers Compensation claims are adjudicated by South Carolina Workers Compensation Commission which is an administrative area of the law. That means you do not have a jury trial when you go to court, your case is decided by a Commissioner. Unfortunately, you cannot bring a claim for pain and suffering in a South Carolina workers compensation case. Although you can’t bring a claim for pain and suffering, there are positives to having a workers compensation claim. Instead of receiving payment for your injuries only at the end of your case as in many civil claims, you are eligible to receive payment for lost wages and medical treatment during the course of your case if your case is…Read More
This is a very common question! Most people have heard this term for motor vehicle accidents, medical malpractice and slip and fall claims. Workers Compensation claims are adjudicated by Industrial Commission which is an administrative area of the law. That means you do not have a jury trial when you go to court, your case is decided by a Deputy Commissioner. Unfortunately, you cannot bring a claim for pain and suffering in a North Carolina workers compensation case. Although you can’t bring a claim for pain and suffering, there are positives to having a workers compensation claim. Instead of receiving payment for your injuries only at the end of your case as in many civil claims, you are eligible to receive payment for lost wages and medical treatment during the course of your case if your case is accepted. Additionally,…Read More
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 filing of a claim for Short-Term Disability Benefits via the North Carolina State Retirement System does involve filing deadlines so time of the essence in exploring these additional benefits. If…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 other possible new employer, then your retirement will not likely have any impact on your receipt of ongoing benefits for your workers’ compensation case. If at the time of your…Read More
