Please Call One of Our board-certified Worker's compensation Specialists For a Free Consultation (833)444-4127

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Cardinal Law Partners.

Please Call One of Our board-certified Worker's compensation Specialists For a Free Consultation (833)444-4127

A Form 50 can be filed to request a hearing at the South Carolina Workers’ Compensation Commission. Hearings are often requested when there is a dispute in benefits or the claim is denied.
Workplace injuries that made pre-existing conditions worse are still compensable.
Yes. Injured workers receive mileage for round trips over ten miles.
Injured workers can request another opinion with their insurance adjuster or if the adjuster refuses, they can request a hearing to request that the Commission to order a second opinion. In many situations, second opinions are provided by the insurance carrier.
Generally, injured workers receive payment for lost wages, medical treatment and permanent impairment. Medical treatment includes conservative care such as medication and physical therapy, surgery, medical supplies, and medical equipment. The insurance company selects the physician who provides medical treatment. Lost wages during time that you are unable to work as a result of the injury are paid at 2/3 of the injured worker’s average weekly wage. If you had two jobs at the time of injury, lost wages can account for both jobs. Permanent impairment for loss of use of a body part(s) is assigned by the treating doctor at the conclusion of the medical treatment.
You should report your injury to your employer as soon as possible. If an injured worker does not report the injury within 90 days, they face the possibility of not receiving benefits. The statute of limitations to file a workers’ compensation claim is 2 years.
Employers who have four or more regular employees are required to have workers’ compensation insurance.
In addition to disability benefits, the North Carolina workers’ compensation system allows for medical compensation.
Both programs are disability programs. SSDI is an insurance program that requires a work history. For those individuals that are no longer insured, SSI is available if they are disabled and qualify financially.
Not necessarily. SSDI is an insurance program that requires workers to pay taxes in order to be insured for disability benefits. However, the general rule is that a worker must typically have worked 5 out of the last 10 years to be eligible for disability benefits. Having some gaps in your work history does not prevent being eligible for benefits.
Yes. SSDI has a trial return to work program for those people who are able to work. In order to be eligible for disability benefits initially, the disability must last for at least one year.
Yes. The Social Security Administration does not view the receipt of workers’ compensation benefits as substantial gainful activity. Individuals receiving workers’ compensation benefits may still apply for Social Security disability benefits. However, if approved, their Social Security disability benefits will be offset by the periodic payments of workers’ compensation.
Not necessarily. The Social Security Administration does not have to accept your doctor’s opinion on your inability to work as determinative. The Administration is usually more interested in how an individual’s impairments affect their ability to perform work tasks. A physician’s opinion about a patient’s specific work restrictions will often be stronger evidence – especially if those opinions are supported by objective medical testing.
The Social Security Administration employs a five stop process to decide whether a claimant is disabled. Step 1 looks into whether the claimant is actually performing substantial gainful activity. If the claimant has been earning more than about $1,200 a month, they will not be eligible for disability benefits. Step 2 looks into whether the claimant has severe medically determinable impairments. These impairments can be physical or mental impairments but must be more than a minimal effect on work activity. Step 3 looks to see whether the severe impairment or impairments meet a listing. Listings lay out the standards that medical impairments must meet in order to result in a finding of disability. Step 4 looks into the claimant’s past relevant work. If the claimant is able to perform any of their jobs within their past relevant work (work they performed during the last 15 years), then they are not disabled. Finally, in Step 5, a determination is made whether the claimant can perform any other work in the national economy.
Yes. Claimants can file a “Request for Reconsideration.” If that is denied, then the claimant can “Request a Hearing” before an Administrative Law Judge (ALJ). Quite often, a claimant’s best chance for approval is before an ALJ.
The hearing is an opportunity for the claimant to provide their testimony about their impairments and how those impairments affect their activities of daily living and work activity. It is also a chance for the Administrative Law Judge to make a decision on the claimant’s credibility and attempt to get more information about any of the information in the record. The Administrative Law Judge will usually consult a vocational expert in determining whether the claimant’s specific limitations will make full time work impossible.
Yes. Claimant approved for Social Security disability receive Medicare after receiving disability benefits for two years (24 months). All claimant approved for benefits receive nothing for the 5 months after their onset date. After five months benefits begin and after two years of receiving benefits they will become eligible for Medicare. For many disabled individuals, Medicare is the more important benefit because without it there is no chance to obtain medical coverage.
If the claim is accepted by the insurance company, then the injured worker will have to get treatment with physician that the insurance company selects. If the claim is denied, then the injured worker is free to see who they want with the hope that the insurance company will pay the bills later in a compromise or that the bills are ordered to be paid by the insurance company by the Industrial Commission.
The North Carolina Workers’ Compensation Act requires that an injured worker notify their employer in writing within 30 days of suffering a workplace injury. It is the injured worker’s responsibility to file a “Form 18” with the North Carolina Industrial Commission.
Disability benefits are paid to injured workers in accepted claims (or claims where the workers’ compensation insurance company admits that the worker is entitled to compensation). Weekly benefits are paid when there is total disability (the injured worker is not capable of any work) or when they can return to work at lesser wages (partial disability). Permanent partial impairment ratings are also paid out over a set period of weeks on some case.
Seek medical attention if you are injured! Take pictures, get the names and numbers of any available witnesses, remain at the scene to collect all the insurance information and contact information of everyone involved. Talk to an attorney prior to talking to the insurance companies.
You can go to your doctor(s) for medical treatment. The sooner the better! Since the insurance company in a car accident does not pay for your medical bills upfront, you may go where ever you want for treatment. Document the medical facilities where you’ve received treatment and keep records of all your bills so at the end of your medical treatment you can ask the insurance company to reimburse you for bills that have been paid or are outstanding.
Unfortunately, probably not. North Carolina is a contributory negligence state. What that means is that if you are found to have contributed in any way to the fault of the accident then you cannot recover at all from the other person. (not even if you are 1% and the other person is 99%) For example, if you are texting and driving and get hit by a car you might not be able to recover if it is found that you could have avoided the accident by staying off your phone.
Yes, unlike workers’ compensation cases where pain and suffering is not a benefit, people injured as a result of another person’s negligence can receive compensation for pain and suffering. Pain and suffering can include many, many things and cover a wide variety of situations. Just a few examples of this could include pain recovering from surgery or burns, suffering from losing a job, or not being able to hold your child due to your injuries. Injured individuals should consider creating a daily journal or some kind of record of pain following an injury.
Insurance companies have no interest in paying you all that you deserve. They often deny claims, delay giving you answers, and hope you become so frustrated that you give up. An attorney can make sure you obtain what you are entitled to, not only from the other driver’s insurance company but also from your own insurance policy that you purchased to protect and cover you.
They certainly could be. If the injury is compensable, the worker might be entitled to medical compensation and possibly even compensation for a disability rating.
Workers’ compensation insurance companies are supposed to accept or deny a claim within 30 days of notice of the claim. However, the insurance company can ask for an extension of time up to 90 days to make a decision. More recently, the trend is for insurance companies to place conditions on their acceptances – they accept claims as “medical only” on a Form 63 or only accept some of the body parts that require treatment.

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