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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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.

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

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

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

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

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