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Questions Answered by Martha Ramsay
2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for North Carolina on
Q: My husband was in a car accident in 2018 while at work and did have major back surgery, why does he have to pay bk wc

he settled with WC and now has just won his first part of the lawsuit and now has the 2nd part going. Lawyer is holding first check because they said that NC law says they can't pay him out until 2nd part is settled, we were not aware of this upfront, and we were not aware that he would be... View More

Martha Ramsay
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Martha Ramsay
answered on Jul 20, 2023

I’m sorry your husband had such a significant injury. If this is a North Carolina claim, it is correct that the law allows the workers’ compensation company to recover what they paid for workers’ compensation benefits when the injuries were caused by a third party who was at fault. The... View More

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1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for North Carolina on
Q: Can a Work Comp patient file a separate Medical Malpractice claim against the WC doctor who caused a secondary injury?

The WC doctor ordered an EMG/NCS test (#1) in September, 2020 with an abnormal study indicating minimal nerve damage at my L5 nerve root which suggested a possible recovery time of 8 weeks from a slip & fall injury.

WC doctor ordered PT in October 2020 where I was placed on a Lumbar... View More

Martha Ramsay
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Martha Ramsay
answered on Sep 14, 2022

Yes, an injured worker can file a separate medical malpractice claim when the doctor is not an employee of the same company. While often referred to as “WC” doctors, they usually are not employed by the company where the worker was injured or the workers’ compensation carrier.... View More

3 Answers | Asked in Workers' Compensation for North Carolina on
Q: Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?

My employer was aware of my injury as it happened in front of him but I did not file a claim at the time. There were multiple witnesses and I did have to go to urgent care due to this injury. I have record of that visit. This injury continued causing problems for the next two years including... View More

Martha Ramsay
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Martha Ramsay
answered on May 25, 2021

You can always file a claim. Whether your claim will be found compensable is the issue. Generally, there is a two year time limit on workers’ compensation claims in North Carolina where the injury is based on an accident. (Occupational diseases have a different time standard). Lawyers call... View More

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2 Answers | Asked in Workers' Compensation for North Carolina on
Q: As a NC business owner currently involved in a work comp claim, can the carrier's defense council legally threaten...

not to settle my current claim if I renew my WC policy w/ them now that it's up for renewal. They no longer want to insure my company. Can't find another carrier because of my open claim. My attorney doesn't seem to know the answer.

Martha Ramsay
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Martha Ramsay
answered on Apr 28, 2021

I do not know the answer to your question, but it certainly raises many questions and concerns. I would start by contacting the North Carolina Department of Insurance (855-408-1212), the North Carolina Attorney General and the North Carolina State Bar. Your questions appear to involve unfair... View More

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2 Answers | Asked in Workers' Compensation for North Carolina on
Q: I recently broke my foot at work and now the workmans comp adjuster wants a recorded statement. What do I do?

I told her I needed to consult with an atty 1st.

Martha Ramsay
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Martha Ramsay
answered on Nov 20, 2020

We recommend that our client’s consult with an attorney before giving a recorded statement. Why? North Carolina has a requirement that an work injury be considered an accident- something that is unusual or unexpected. Most people believe that workers’ compensation requires proof that you... View More

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can I get money for pain and suffering in a workers' comp claim?
Martha Ramsay
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Martha Ramsay
answered on Dec 12, 2018

No, not in North Carolina. The law allows for compensation for three benefits: Medical treatment, payment for lost time and payment for permanent injury. One of the elements of the original bargain of workers’ compensation law, no compensation for pain and suffering is supposed to be... View More

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: How do I know if I'm entitled to workers compensation? Do I have to be a full-time employee or is part-time ok?
Martha Ramsay
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Martha Ramsay
answered on May 21, 2018

It is not based on whether you are full-time or part-time. If you are an employee and there are three or more employees, your employer should carry workers' compensation insurance, unless they fall under one of a number of exemptions. You should contact a Board Certified Workers'... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Looking for the best personal injury attorney in charlotte, nc any suggestions
Martha Ramsay
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Martha Ramsay
answered on Sep 23, 2011

Please call the Ramsay Law Firm at 704-376-1616.

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