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Questions Answered by David Gantt
1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can a workers compensation company be sued if the company continually withhold treatment and equipment referrals/orders.

My doctors have written numerous treatment and equipment referrals/orders that they feel will either help improve or at least help sustain my current health status due to my work injury. However, workers compensation continually acts as those requests do not exist. They have not denied or approved,... View More

David Gantt
David Gantt
answered on Dec 7, 2022

While you have a lawyer representing you, I suggest making an appointment with him and sharing your concerns and frustration over your situation. I have found that most good attorneys will respond positively and directly to client concerns like those posted on Justia website. I believe directly... View More

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Are health issues that are a direct result of the workers compensation injury also covered by workers compensation?

I have developed health issues after my work injury that doctors have verified in their diagnosis notes have occurred as a direct result of the work injury. Is workers compensation responsible for providing medical treatment for these health issues? And, if I have paid out of pocket in regards to... View More

David Gantt
David Gantt
answered on Dec 7, 2022

In most NC workers' compensation (WC) cases, you must have an accident (very liberally defined) or a specific traumatic incident to your back. Other types of WC are called occupational diseases generally result from exposure to some harmful substance. The key to all WC cases is a qualified... View More

1 Answer | Asked in Workers' Compensation and Employment Law for North Carolina on
Q: Is an injured worker ENTITLED to benefits when his EMPLOYER reduces his/hers work hours due to employees on-going pain.

Is an injured worker, who returned back to work for the past 12 months, ENTITLED to benefits when [he] is still receiving pain management treatment for low back pain, given numerous work restrictions by treating doctor echoing the FCE Test restrictions, the treating doctors work note doesn't... View More

David Gantt
David Gantt
answered on Sep 7, 2022

Yes, if wages are reduced due to pain problems. Workers' Compensation (WC) compensation to injured workers in North Carolina is based on loss of earning capacity and time out of work as determined by qualified medical professionals. In this case, Tony's employer, not medical staff, has... View More

1 Answer | Asked in Workers' Compensation and Social Security for North Carolina on
Q: How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.

Hello! My husband received a WC lump sum settlement of 155,000.It was structured that he will "receive" $119/wk for the next 25 years.(even though he already received it all in one sum) He made around $80k per year when working. If he files and wins his SSDI case, his monthly payment will... View More

David Gantt
David Gantt
answered on May 24, 2022

Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more... View More

1 Answer | Asked in Social Security for North Carolina on
Q: Can I get SSI for mental illness if I haven't worked a tax paying job?

Im 30 years old. I have multiple mental illnesses and have been struggling with them since I was a child. I have never worked a tax paying job. I want to find care and medication that can really help me but that isn't easy with no money. I've put it off so long because I feel so bad and... View More

David Gantt
David Gantt
answered on Feb 7, 2022

You would be eligible for Supplement Security Insurance (SSI) benefits regardless of work history. The SSI benefit program is based on financial need regardless of work history. The more familiar Disability Insurance Benefits program, commonly called Social Security Disability (SSD), is based on... View More

2 Answers | Asked in Social Security for North Carolina on
Q: Do I need a lawyer first to represent me in filing for disability?
David Gantt
David Gantt
answered on Nov 23, 2021

Yes. Social Security (SS) law is very complicated and hard to understand, even with a law degree. Most people assume that the treating physician's opinion about your ability to work is sufficient. The law actually requires a more detailed and thoughtful analysis of your doctor's... View More

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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

David Gantt
David Gantt
answered on May 25, 2021

Yes, in some situations. While NC law technically requires filing a workers' compensation claim within thirty (30) days of the accident, the Court will accept claims filed within two (2) years in most situations. The Courts have generally held that claims filed within two (2) years are... 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.

David Gantt
David Gantt
answered on Apr 28, 2021

While I would not be comfortable directly answering your question while you have legal counsel, I will suggest you contact NC Department of Insurance 1-855-408-1212; www.ncdoi.gov for a response to the obvious conflicts of interest here.

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
David Gantt
David Gantt
answered on Nov 24, 2020

NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage... View More

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.

David Gantt
David Gantt
answered on Nov 19, 2020

You should speak with an experienced Workers' Compensation lawyer before making any recorded statement. NC law does not automatically recognize and accept injuries just because they happen at work. The law also requires an accident or very specific occupational disease (not applicable to a... View More

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Asked ...Is it legal in NC for employer to fill out initial accident report and file w/out employee knowledge or signing

I'm sorry forms 18 and 19 were filled out properly by both employee and employer ..my question is regarding the initial accident/injury report (employer form to be filled out by employee) this form was filled out by the employer NOT employee as it states on the top if the form after it was... View More

David Gantt
David Gantt
answered on Oct 9, 2020

While signing the employee's name on a form that was not authorized by him/her is fraudulent, I don't know of any specific legal penalties you could gain from a false private internal company document. You certainly could use the unauthorized document as evidence of lack of employer... View More

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: In NC is it legal for an employer to fill out injury report and file it for an employee without their knowledge

The injury report was not written or even seen by me until 9 months later and denial from insurance to cover my injury.. my signature was not obtained and the employer did not write correctly what happened or even go over the details of the accident/injury with me. but employer submitted it to... View More

David Gantt
David Gantt
answered on Oct 5, 2020

The NC Court that handles workers' compensation (WC) cases has specific forms for both employees (Form 18) and employers (Form 19) to fill out within thirty (30) days of a work accident. However, the Court will consider employee injury reports as old as two (2) years from the accident... View More

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

David Gantt
David Gantt
answered on Sep 17, 2020

In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are... View More

1 Answer | Asked in Social Security for North Carolina on
Q: My Mom, from NC, is 74, widowed 2 yrs. ago, and is currently engaged. Will she lose her social security?

They have a prenuptial in the making, but not signed yet.

David Gantt
David Gantt
answered on Apr 6, 2020

Your Mom should not lose her Social Security (SS) Retirement due to remarriage. Even if she is drawing Widow's Benefits on her deceased husband's account, her remarriage should not affect her SS retirement since the remarriage is only relevant for marriages before age 60.... View More

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