North Carolina Workers’ Compensation Attorneys Blog
September 19th, 2011
Different types of Workers’ Compensation fraud have led to increased costs for employers and decreased benefits over the years for injured North Carolina workers. The most important step you can take in protecting yourself against Workers’ Compensation fraud is to hire an experienced North Carolina Workers’ Compensation attorney. Our attorneys at White & Stradley, PLLC know what to expect when dealing with employers and their insurance companies; we can protect your claim and ensure no one takes advantage of you.
Types of Workers’ Compensation Fraud
Workers’ Compensation fraud is most commonly committed by employers. An employer has committed Workers’ Compensation fraud if they:
- Misrepresent an employee’s status
- Under-report losses from previous years
- Mislead an employee about their rights
- Report false or inaccurate information to the North Carolina Industrial Commission
Workers’ Compensation fraud can also be committed by health care providers. Health care providers can be guilty of fraud if they:
- Over-bill or double-bill for services
- Provide unnecessary services
- Charge excessively for treatment
Protect Yourself Against Fraud
The attorneys at White & Stradley, PLLC, can help protect you against fraud from both employers and healthcare providers. Injured workers have a right to seek compensation for a proper recovery. Our experienced Workers’ Compensation lawyers can assist you during every step of the claim process to ensure you are treated fairly.
If you live in North Carolina and have been injured on the job, please contact the Workers’ Compensation attorneys at White & Stradley, PLLC, today to schedule a free initial consultation.
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August 1st, 2011
Any time you sustain an injury on the job that prevents you from returning to work, it is in your best interest to contact a North Carolina Workers’ Compensation attorney. Workplace injuries can result in both physical and financial hardship for you and your family; the sooner you contact an attorney, the sooner you can begin receiving benefits, and the easier it will be for you to focus on recovering from your injuries.
Filing for Workers’ Compensation can be very confusing. During this time, your employer and their insurance agency might attempt to discourage you from filing a claim at all. You deserve an aggressive advocate who knows how to negotiate with your employer and their insurance company. You also deserve a dedicated representative who can help protect you against Workers’ Compensation fraud perpetrated by employers and health care providers. Our attorneys at White & Stradley, PLLC, can help you navigate this complex system, ensuring you are treated with the fairness and dignity you deserve.
Your claim for Workers’ Compensation should be filed with the North Carolina Industrial Commission within 30 days of your accident. You are eligible to receive temporary benefits after seven days of missing work, but unless your claim is filed correctly, you may be denied future benefits.
If you have been injured on the job in North Carolina, you don’t have deal with the aftermath alone. Please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC, to schedule an initial consultation. We can make the Workers’ Compensation process easier for you and your family.
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July 29th, 2011
In North Carolina, you are required to file the form entitled “Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for Workers’ Compensation Benefits” with the North Carolina Industrial Commission within 30 days of your injury. Your employer is responsible for filing the “Employer’s Report of Employee’s Injury or Occupational Disease” form with both the Commission and their insurance company within the same timeframe.
If you are injured on the job in North Carolina, you are entitled to receive Workers’ Compensation in the amount of two-thirds of your weekly pay. In general, benefits do not begin until you have missed seven days of work, but they will continue until you are able to return to work.
When you are injured on the job, it is important to act quickly to ensure maximum compensation. Hiring an experienced Workers’ Compensation attorney will ensure that your claim is accurate, complete, correctly filed, and properly handled.
If you have been injured on the job, please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC, today to schedule a free consultation.
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June 30th, 2011
Most people may be more familiar with the concept of employee fraud when it comes to Workers’ Compensation. For example, if an employee claims they cannot work due to a back injury and begin collecting benefit checks for this injury, but is then spotted out dancing or water skiing, that can be considered fraud.
However, employers have also been known to commit fraud when it comes to workers’ compensation. One of the most common ways employers do this is to underreport their payroll. The Fiscal Policy Institute found that employers report 20 percent lower payroll to Workers’ Compensation than they do to unemployment insurance.
Some employers pay their employees in cash, which means their employees may not be on the books, so employers don’t have to pay Workers’ Compensation benefits. If there is no record of an employee it means there is no need to pay out benefits. Or an employer may simply claim that an employee who does one job is doing another lower paying job so that they don’t have to pay more in Workers’ Compensation insurance.
Another way employers may commit fraud is through pressuring injured workers not to file a claim. They may threaten to withhold or deny filed claims, as well as underpay benefits on accepted claims.
This is why it is important to know how much you should receive in the event you are injured on the job and have to file a Workers’ Compensation claim.
If you suspect your employer is committing fraud with your Workers’ Compensation benefits or claim, please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC, today. We serve the Raleigh, Durham, Goldsboro, Greenville, Kinston, Lumberton, Fayetteville, Rocky Mount, and Tarboro, North Carolina areas.
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June 28th, 2011
Most people who have suffered an injury at work are ready to go back after a couple of days, especially if their injury was minor. They should still file a report with their employer about the injury, as well as pay attention to the statute of limitations for filing a Workers’ Compensation claim (two years in North Carolina). However, for those employees who are seriously injured on the job, returning to work may not be something they can do.
Employees who are out of work for a stretch of time due to their injury, and who have filed a Workers’ Compensation claim with their employer must then wait for their entitlement check to arrive from the insurance company. With bills piling up, this can be an uncomfortable time for the injured and their family.
In order to receive your weekly benefits, you must have missed at least seven days of work due to your injury. Note that these do not have to be seven consecutive days. However, no compensation is due for the first seven days unless your injury keeps you out of work for over 21 days. Workers who are out more than 21 days will receive payment for that first week they are out.
The benefits you receive are not related to getting the medical care you need. Rather than waiting for your checks, you may receive medical care immediately upon being injured. Your employer should immediately begin paying your injury related medical bills.
If you have any questions about your Workers’ Compensation benefit checks and are in the Raleigh, Greenville, Rocky Mount, or surrounding areas of North Carolina, please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC, today.
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June 22nd, 2011
Many people have jobs where the chance of getting burned is higher than average. Those who work in an office setting are certainly less likely to get burned than those who work around machinery, electrical wires, or other heat sources.
According to the Occupational Safety and Health Administration, (OSHA), 5000 Americans are seriously injured in workplace fires or explosions every year. Around 200 people die each year in these kinds of accidents.
The most common causes of burn injuries at work include:
- Scalds
- Flammable liquids or gases
- Building fires
Electrical, chemical and radiation burns are also concerns in jobs such as construction, roofing, metal mills, scrap metal shops, refineries, kitchens, laboratories, and more. Coming in contact with hot machinery is also common.
The most severe type of burns come from chemicals. Acids, alkaloids, or other corrosive material can eat through clothing and then skin and tissues very quickly. Labs, factories, and industrial sites may see chemical burns due to highly concentrated industrial cleaners. Thermal burns, like those that come from grease or boiling water, are common in the service industry. Restaurant kitchens are also a source for burns from open flames or other hot objects.
If you are burned while on the job, you will need to file a Workers’ Compensation claim with your employer. If your injury is severe, you may be out of work for a very long time. Often the compensation you receive is not enough to cover bills.
If you have suffered a serious burn injury while at work in the Raleigh, Greenville, Rocky Mount, or surrounding areas of North Carolina, please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC for an initial case consultation.
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June 17th, 2011
If you have been injured on the job and need to file a Workers’ Compensation claim, you shouldn’t wait. This is because of the statute of limitations in which to file your claim.
In North Carolina, the statute of limitations is that employees must file their Workers’ Compensation claim within two years of their injury. In addition to the statute of limitations, there is also a notice requirement. If you have been injured while at work, you must report the accident to your employer within 30 days of the injury. Both of these rules fall under the North Carolina Workers’ Compensation Act.
The two year statute of limitations may seem generous, but say you injure your back while working and ignore the pain. If, after the statute of limitations has passed, you are suddenly suffering back pain that keeps you immobile and from working, you will not be able to file a Workers’ Compensation claim.
If you have been afflicted with what is known as occupational disease, such as asbestosis, lead poisoning or silicosis, the date for the statute of limitations is the date you are notified by a health care professional that you have the disease and that it is work related. However, if you have not yet been harmed by the disease, the statute does not begin until you start showing symptoms that affect your ability to earn your wage.
If you have been injured on the job and need to file a Workers’ Compensation in the Raleigh, Greenville, Rocky Mount, or surrounding areas of North Carolina, please contact the experienced Workers’ Compensation attorneys at White & Stradley, PLLC, for an initial free consultation today.
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February 28th, 2011
A Workers’ Compensation injury has a ripple effect through to all areas of your life. It can endanger your ability to go back to the same type of work. It can also cause severe financial and emotional strain on you and your family. You can choose to go through it alone or reach out for support from people going through the same thing.
Support groups can include family members
You are clearly dealing with medical treatment for your injury and concern over how your ability to work will be affected. Consider that the members of your family and those close to you are going through this with you. Everyone that cares about you will handle their emotions in their own way. Support groups can be a vital part of the recovery process for both you and them.
Who leads the support groups?
You can actually run a support group if you are unable to find a local group you like. They are started, for the most part, by people going through something traumatic who want to benefit from the group setting. Many groups will also be run by professionals. What is most important is your comfort level within the group so you are able to speak up and participate.
If you have sustained an injury while performing the duties of your job, consider coming in to visit with the Workers’ Compensation attorneys at White & Stradley LLP. We can provide you with legal support and we care about our clients. We know it is important for you to understand your rights.
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January 8th, 2011
If you operate a truck, you recognize the dangerous nature of your job. Injuries are prevalent among drivers. Long periods behind the wheel are followed by heavy physical exertion from loading and unloading. We work with injured truck drivers regularly and understand the job is both mentally and physically demanding.
Should I file a claim for my injury?
Half of the injuries sustained from truck operating fall under the category of strains and sprains. If you have been injured on the job, you may think it will just go away with time. Ignoring a small pulled muscle and continuing to use your body while it is in pain can lead to a serious injury you can have for the rest of your life.
What are my rights to Workers’ Compensation?
In North Carolina, you have the same rights whether you are an independent contractor or an employee of the company. Be sure the truck you operate is licensed by a governmental motor vehicle regulatory agency. From a minor injury to a major truck accident, you are entitled to Workers’ Compensation when you sustain an injury while on the job.
If you have sustained an injury while performing the duties of your job as a truck driver, consider coming in to visit with the Workers’ Compensation attorneys at White & Stradley LLP. We can provide you with a confidential consultation concerning any trucking related injury. It is important for you to understand your rights.
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December 21st, 2010
If you are considering accepting a cash settlement, speaking the attorneys at White & Stradley LLP first is in your best interest. An insurance adjuster may be suggesting you accept an offer. The amount of the offer and feeling like you no longer need to deal with the claim may be appealing.
What are my rights after receiving a cash settlement?
Keep in mind that accepting a cash settlement truly ends your case. The courts consider your case resolved. They will not come back in the future and review whether the amount ended up being fair to you.
What should be considered before accepting a cash settlement?
We understand that it is possible for an injured worker to reach maximum medical improvement causing income benefits stop. It is important to consider the long-term impact of your injury. It may seem impossible to predict what you may require medically in the future. When you have our experienced attorneys on your side, it is much easier to determine.
If you are being offered a cash settlement and you are not represented by an attorney, think twice before taking it. A confidential consultation with the experienced North Carolina Workers’ Compensation attorneys at White & Stradley LLP will only help you further understand your rights. You may be receiving a fair offer in your cash settlement but if you are not, how will you reopen your case?
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