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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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
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 »
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 »
I told her I needed to consult with an atty 1st.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
My mom has asked me to inquire to see if claims has been settled. What do we need to do?
answered on Oct 12, 2018
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
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 »
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.
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 »
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'... Read more »
I haven't been paid for hours I've worked since 3 weeks ago, and the boss always says he's going to pay me tomorrow or the coming week with no effort what so ever. He's constantly ignoring my calls or messages because he knows I'm asking about my money and now he wants me... Read more »
answered on Jun 28, 2017
If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.
On a... Read more »
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