Health Care

What Can Affect Your Workers’ Compensation Claim In North Carolina?

What Can Affect

What Can Affect Your Workers’ Compensation Claim In North Carolina?

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, wherein they can either accept or deny liability for the claim.

When an employer/insurance company accepts liability for the claim, they must designate a treating physician for the injured employee’s injuries. For accepted claims, the employer/insurance company may be required to pay for an injured employee’s medical treatment. This rule applies as long as the

  • Designated treating physician is recommending the medical treatment
  • Injured employee wishes to receive the recommended medical treatment
  • Designated treating physician is able to directly relate the need for the recommended medical treatment to the injured employee’s injury at work

Understanding Temporary Total Disability Compensation

If the designated treating physician removes the injured employee from all work or assigns work restrictions which prevent the injured employee’s return to any employment, then the injured employee may be entitled to receive temporary total disability compensation. Similarly, if the designated treating physician assigns work restrictions that allow an injured employee to return to work but at reduced wages, then the injured employee may be entitled to receive temporary partial disability compensation.

When an employer/insurance company accepts liability for the claim and issues arise concerning the injured employee’s right to receive certain medical treatment or entitlement to disability benefits, these issues can generally be resolved by filing motions with the North Carolina Industrial Commission.

Resolutions Through Formal Hearings

Whereas, in stark contrast, when an employer/insurance company denies liability for the claim, the only way in which an employer/insurance company may be required to pay for an injured employee’s medical treatment or disability benefits is if the injured employee is awarded these benefits by a Deputy Commissioner of the North Industrial Commission as part of formal hearing in the matter. The hearing process (from the time when the hearing is requested until a decision is received from the Deputy Commissioner) maybe nine months to one year in length.

If you or a family member has any inquiries surrounding your Workers’ Compensation claim, contact Cardinal Law Partners today. Our Workers’ Compensation attorneys are experienced in handling all areas of the North Carolina Workers’ Compensation Act and will help you navigate your way through your workers’ compensation case in North Carolina and the surrounding areas. Call 833-444-4257 to contact us today!