North Carolina Workers Compensation Legal Questions

Depending on the specific facts of your situation, you could have one or more legal claims. Were you working for the school at the time that you were injured? Employees who are hurt on the job should report their injuries immediately and also file a written description of the incident within 30 days. If you need medical attention, let your employer know right away in case they wish to direct you to a specific medical provider, which is allowed here in North Carolina. In addition to a claim for workers' compensation, you may also have other legal claims depending on the circumstances in which you were injured. An attorney can help you sort through the facts and figure out what avenues to pursue. Be sure to act promptly in pursuing your rights since all legal claims have time limitations. Best wishes.... Read Answer

Hi Barbra, There's not a clear "yes" or "no" answer to your question.  If the Industrial Commission (the state agency that oversees all workers' compensation claims in North Carolina) agrees that you have a valid reason for not attending the orthopedic appointment, you should be OK.  My personal opinion is that, with the immuno-compromise from your cancer treatment, you've got a valid reason but I'm not the decision maker.   Make sure your oncologist puts in writing the restriction against coming to a medical setting in person.  It's best to get this lined up before you needed, instead of at the last minute if the workers' compensation insurance company starts to fuss about you not being able to show up to the appointment.  ... Read Answer

This sure sounds like a workers comp. claim to me. If the Employer has WC insurance coverage, your fiance should call their insurance company and report the claim immediately. You can also go to www.ic.nc.gov, the NC Industrial Relations web site, click injured worker and find out more information. If the Employer does not have WC coverage obtain the name of their auto liability carrier and report the claim to them.... Read Answer

Go to the North Carolina website for workers compensation which is www.ic.nc.gov and click employee links on the right side of the page. You can also call their help line 800-688-8349 and they will assist you in determining who your employer's WC insurance company is and help you file a claim. Good luck!... Read Answer

If the light duty work is within your medical restrictions and you do not at least try it, your light duty benefits may be stopped because you refused it.  Make sure that the work is within the restrictions given by the doctor. If you are able to do the work, your earnings will offset the WC payments, however, if you try the job and cannot do it and your doctor agrees, your comp. benefits should return to the same amount you received while at home.... Read Answer

I'm sorry to hear about your injury. Under your work comp claim you are entitled to compensation for any permanent injury to your shoulder. From your question I'm assuming that you received a 7% permanent partial impairment from your authorized treating physician. You have the right to request a second opinion on your rating if you have not already done so. Assuming that the 7% rating stands, under section 97 – 31 your benefits would be calculated as follows: two thirds of your average weekly wage times 240 weeks. That's assuming that you're back at work at the same job at the same pay. If your employer is trying to "clincher" your claim, which is another way of saying relieve them from any further liability for any additional medical costs or other compensation, the number would be subject to negotiation. I hope this information was helpful. If you wish to discuss this further, please feel free to contact me.... Read Answer

Dear Anonymous, Generally, your employer's workers' compensation insurance company is required to pay for any medical treatment necessary to make you better. The insurance company gets to pick the doctor you see, but it must usually then pay for the treatment ordered by the doctor it selected. If the insurance company does not voluntarily pay for the treatment ordered by the authorized doctor, you can seek an order from the North Carolina Industrial Commission requiring the insurance company to pay for the medical treatment. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, If you felt a "pop" in your neck after being released by the doctor and returning to work, then you may have a new workers' compensation claim. The settlement of your claim from the February 2013 incident does not cover any new injuries that occur after the date of settlement, including new injuries to the same body part. If you need the assistance of a lawyer, you are always free to choose whatever lawyer you like to represent you. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

As a general rule you are unable to care workers compensation law to sue a co-employee for negligence. There are very limited exceptions to this rule that deal with intentional torts. If the individual who struck you is not a co-employee, you can bring a separate third party claim against him and the company for negligence. If you are covered under workers compensation and receiving benefits under workers compensation, your employer has a right to be reimbursed out of any third-party recovery for the money they have spent on your medical bills and any lost wages.... Read Answer

Dear Ms. Hanley, It depends. The insurance company has up to 120 days to investigate your claim to decide if they will accept or deny it. Once the insurance company accepts the claim, payments should begin within 14 days of the acceptance. If the insurance company denies the claim, you can request a hearing to challenge that denial, but no payments are made while the hearing is pending. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, Yes, you can pursue a workers’ compensation claim even if you no longer work for the employer who employed you when you were hurt. However, you must bring your claim within two years of the date of your injury. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Ms. Young: Most falls at work are covered by the Workers' Compensation Act in North Carolina. If the employer is not responding to a claimed work injury, the injured employee can pursue the claim through the North Carolina Industrial Commission, which oversees the workers' compensation system and tries cases in which the employer and employee have a dispute over whether an injury is work-related. As for any medical bills that are owed while the workers' compensation claim is pending, parents are generally held liable for medical bills incurred by their children when those children are minors under the age of eighteen. Once children reach age eighteen, any debts they incur are generally their own responsibility. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Whether or not the employment offered to you by your employer is consistent with the Workers' Compensation Act is a fact-intensive inquiry. The suitability of the offered employment is determined by looking at the injured worker's work experience, medical restrictions, education and vocational training, and the distance between the employee's home and the workplace. The suitability of the offered employment will aslo be judged by looking at whether your treating doctor believes you have reached maximum medical improvement, which generally happens when the doctor believes your condition has improved to the point that no further improvement is expected. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Meghan, Your boyfriend needs to consult with a worker's compensation attorney.  That attorney can walk him through the process, and make sure that all of his options are explored.  Good luck to you both going forward. Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

Ms. Eisenhauer, North Carolina workers' compensation claims typically fall into two categories. One is where there has been an accident and the other is a condition that develops slowly over time as a result of a workplace exposure. Your situation sounds like the second type, which is called an occupational disease. In order to have a claim for an occupational disease, your doctor will need to give an opinion that  something about your job, such as a specific type of repetitive motion caused your condition, and your job placed you at increased risk for the injury. More information about your sitaution woul be helpful. Another consideration would be a potential Social Security Disabilty claim if you will not be able to return to work. ... Read Answer

Whether you will qualify for Social Security disability is based on a different standard than whether you are able to return to your previous employment. Depending on your age and other health conditions you may or may not qualify. You may still apply for and receive unemployment benefits while your application is pending. If you have been receiving temporary total disability benefits from your employer and your employer is unable to return you to work in a comparable position you have reached maximum medical improvement, the employer will continue to be responsible for paying the TTD until you are back at work. Your question does not indicate whether you are at maximum medical improvement. If so, you are required to conduct an independent job search in order to continue receiving TTD.   I would be happy to discuss this in greater detail with you as there are a number of considerations your question raises which do not lend themselves to a quick answer.  ... Read Answer

Much of this will depend on the fee agreement you executed with him, along with how much work he has actually put into the matter.  Perhaps he would agree to waive a clause in his fee agreement, if you decided not to pursue the matter any longer. James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

I'm sorry to hear about your injury and your difficulties with processing the claim.  Oftentimes, benefits that are rightfully yours are denied in hopes that you will stop pursuing the claim.  You should speak with a worker's compensation attorney to discuss this matter in greater detail.  Most such attorneys will not charge anything for initial consultations.  Good luck going forward.   Jay Mills Burns, Day & Presnell, P.A. 919.235.3824 (phone) jmills@bdppa.com... Read Answer