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North Carolina Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation for North Carolina on
Q: My boss said we have to earn our tips. But if not earned they got to another employee that earns it. Can they do that?

We earn tips through a pos system. And we make 10$ an hour.

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: a buddy told me something about NC doing something about workers comp from me being injured in iraq.i am 100% and on SSD

i dont even know if this is worth looking into.thank you.

Bobby Bollinger Jr
Bobby Bollinger Jr
answered on Jul 24, 2023

If you were a civilian employee in Iraq on a military installation then you probably need to talk to a lawyer who handles “DBA” cases- Defense Base Act. If you were in Iraq for a private corporation and there are some ties to NC, and your job had no direct entanglement with the military,... View More

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

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2023

The reason is that in the lawsuit you are obtaining compensation for the same things that are being paid by work-comp so that work-comp should be repaid. It is possible there may be exceptions and potential to negotiate how much they need to pay based on strength of liability, limitation of... View More

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Is it legal to deduct a previously paid PPD rating from a new rating to determine amount of workers comp claim?

It’s the same arm is the reason they gave. But I injured my elbow and bicep before two years ago, this time it’s my shoulder.

Bobby Bollinger Jr
Bobby Bollinger Jr
answered on Apr 22, 2023

It depends. Was your previous rating to the “arm” or the “hand?” When the doctor gave you the most recent rating, did he comment (in his office notes) about any previous disability? It is hard to give you a good answer without more information. But one thing is for sure— the... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for North Carolina on
Q: I think I was misrepresented by a attorney on a workers comp case and I would like to know what to do?

I have my complete file and have spoken to several attny that has told me He screwed me but they dont handle attny.malpractice

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Anyone considering a malpractice claim should consider speaking with a malpractice attorney. Legal malpractice is mostly about whether an attorney met their legal duties. Generally speaking, every North Carolina attorney has the same basic legal duties, regardless of the subject matter of the case... View More

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 for North Carolina on
Q: What could Worker's Compensation Lawyers do to better help with Access to Justice?
Bobby Bollinger Jr
Bobby Bollinger Jr
answered on Nov 30, 2022

There is no issue with a person getting access to a Workers' Compensation lawyer. Those lawyers work on contingent fees, so there is no up-front cost to engaging one to help with your workers' compensation case.

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Hello. I recently moved to NC but need an attorney for a workmans comp case in previous state

Do I need to get one from my previous state? Thanks

Bobby Bollinger Jr
Bobby Bollinger Jr
answered on Oct 21, 2022

Yes, you do. Each state has its own state-specific workers’ comp laws and procedures. If you need a referral, contact me directly.

Bob Bollinger, Charlotte NC

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
PREMIUM
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

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 Workers' Compensation for North Carolina on
Q: What’s a good settlement amount from workers comp when you’ve had to have a total knee replacement? The offer is $44k
Bobby Bollinger Jr
Bobby Bollinger Jr
answered on Nov 12, 2021

Who knows? It depends on a lot of things you have not mentioned. What is your compensation rate, rating, restrictions, education level, employment history, transferable job skills, future medical need, etc. All of us workers' compensation Certified Specialist lawyers give free... 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

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 and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar
answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... View More

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

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