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North Carolina Workers' Compensation Questions & Answers
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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel
answered on Apr 26, 2020

Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »

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
PREMIUM
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... Read more »

1 Answer | Asked in Bankruptcy and Workers' Compensation for North Carolina on
Q: Hello an Asbestos company filed bankruptcy years before my Dad who had worked there for over 25 years.

My mom has asked me to inquire to see if claims has been settled. What do we need to do?

Timothy Denison
Timothy Denison
answered on Oct 12, 2018

Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for North Carolina on
Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?

My longtime partner, diagnosed with Acute Leukemia after working with Benzene products for 21 years. He tool all the precautions(mask, ventilation, etc.)In March 2018, After extensive research, experts at Harborview Medicine Environment and Occupational have determined benzene flipped the genetic... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for North Carolina on
Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?
Kirk Angel
Kirk Angel
answered on Sep 3, 2018

Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job... Read more »

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