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Medical Benefits in Workers’ Compensation Claims

Thursday, August 19th, 2010

Workers’ Compensation should cover all of your medical expenses associated with your work-related injury, and may even cover needs such as prosthetic limbs and wheel-chair accessible housing. However, your employer and its insurance company have control over which doctors you can use, and may even send you to dishonest doctors in order to cut your care and benefits short. You can request that the insurance company or the North Carolina Industrial Commission give you permission to use a different doctor, but you may need the help of a Workers’ Compensation attorney to prove that the change is necessary.

Qualifying Medical Expenses

Workers’ Compensation covers medical treatments and expenses that will:

• Cure your injury
• Improve disability caused by your injury
• Relieve pain caused by your injury

Some types of injuries and occupational illnesses can cause chronic, life-long pain. Even if your condition cannot be improved, you may be entitled to payment for your palliative care.

There is no time limit for how long Workers’ Compensation will pay your medical expenses. If you need medical care for your injury for the rest of your life, Workers’ Compensation should pay for it. However, if you go for two years without needing any payments, your medical benefits can expire. You can prevent them from expiring by notifying the North Carolina Industrial Commission that you anticipate the need for future treatment, and getting their approval to keep your benefits available.

Please contact White & Stradley, LLP, North Carolina Workers’ Compensation attorneys, today if you have been injured in a work-related accident or suffer from an occupational illness in North Carolina.

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How Will My Claim Be Affected If I Was Doing Something I Was Not Supposed To Be Doing (such as operating machinery I was not trained to operate)?

Monday, July 26th, 2010

Injured workers are sometimes afraid to file a Workers’ Compensation claim, or believe their claim will be denied, if they were doing something they were not supposed to do when they were injured. This is a mistake. As long as you did not cause your injuries on purpose and you were not intoxicated, your behavior should not cause your claim to be denied. Even if you were doing something you were told not to do, you may still be eligible for Workers’ Compensation, but it may be reduced by 10% under certain circumstances.

North Carolina Workers’ Compensation law was created to help injured workers get the benefits they need without having to fight for them. It covers all of your work-related medical expenses and can replace up to two-thirds of your lost wages. If you die, it covers your burial expenses and your family may receive Workers’ Compensation death benefits. It is a trade-off because in some cases you would stand to receive far more from a personal injury lawsuit against your employer, and Workers’’ Compensation laws bar you from suing your employer for your injuries. But this trade-off means that you do not have to defend your actions, such as operating machinery that you were not trained to use, in order for you and your family to receive the benefits.

If you have been injured on the job in North Carolina, please contact White & Stradley, LLP, North Carolina Workers’ Compensation attorneys, to schedule you initial consultation and learn more about your rights today.

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How Do I File A Workers’ Compensation Claim?

Wednesday, June 2nd, 2010

Filing your Workers’ Compensation claim properly and on time is necessary if you want to receive Workers’ Compensation benefits. Failure to do so can mean missing out on the benefits that can help your family get by while you are unable to work. The North Carolina Workers’ Compensation attorneys of White & Stradley, LLP can help you file your claim and stick with you through the process, assisting with appeals when needed, so that you get the benefits that you are entitled to.

The first thing your must do is notify your employer of your injury. Do it as soon as you are able, and make sure you follow up by notifying your employer in writing within 30 days of the incident.

You must also notify the North Carolina Industrial Commission within two years of the incident.

After you notify your employer, if you have missed more than one day of work or if your medical expenses were more than $2,000, you should receive a copy of the report that your employer files with the Industrial Commission as well as another form that you need to fill out yourself. Your employer has five days to file its report with the Industrial Commission.

Do not delay in filing your Workers’ Compensation claim. If you are unable to work, due to your injuries, you need your benefits as soon as possible. The longer you wait to file, the longer it will be before you and your family can start receiving weekly payments. Wait too long and you will no longer be eligible for benefits at all.

If you are planning to file a Workers’ Compensation claim, please contact White & Stradley, LLP today and schedule your initial Workers’ Compensation law consultation today.

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Employer Responsibility in Work-related Injuries

Wednesday, May 19th, 2010

Understanding your employer’s responsibilities when you are injured can help you keep an eye on the Workers’ Compensation process and make sure that your claim is being handled properly so you can get paid as soon as possible. The experienced North Carolina Workers’ Compensation attorneys of White & Stradley, LLP can explain these responsibilities in detail and take action if your employer is not holding up their end.

Before Any Injuries Occur

Almost every employer in North Carolina is required to carry a Workers’ Compensation insurance policy to protect their employees. There are certain exceptions for very small businesses and agricultural businesses.

When You Are Injured

If your injury or occupation illness requires medical treatment, your employer must report it to its Workers’ Compensation insurance company. If you miss more than one day of work or incur medical expenses in excess of $2,000, it must also be reported to the North Carolina Industrial Commission within five days by your employer or the insurance company.

When your employer files the report with the Industrial Commission, you must be provided with a copy of the report and another form that you fill out yourself.

Your employer also has certain legal duties under the Occupational Health and Safety Act (OSHA).

If your employer is not living up to its responsibilities when you are injured, it could cause a delay in processing your claim, delaying your benefits. It could also be a sign that your employer does not have Workers’ Compensation insurance.

If you have been injured on the job in North Carolina, please contact the North Carolina Workers’ Compensation attorneys at White & Stradley, LLP today.

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Calculation of Average Weekly Workers’ Compensation Benefits

Thursday, April 8th, 2010

Your Workers’ Compensation attorney can help you figure out that you can expect to receive in Workers’ Compensation benefits. Every situation is unique, and your personal circumstances will apply. However, there are some basics that can help you get an idea of the amount of Workers’ Compensation benefits you might receive.

Replacing a Portion of Your Income

Workers’ Compensation does not replace all of your income. It can replace up to two-thirds of your average weekly wage. Your average weekly wage is based on what you have made over the last year. If you have not been with the same employer for a full year, it is calculated based on the amount of time you have been with your current employer.

Partial or Total Disability

The amount you receive each week will depend on whether you are deemed partially or totally disabled. Total disability means you can draw two-thirds of your weekly wage, for however long your disability lasts. It may be temporary or permanent.

Temporary disability only shortens the length of time which you may draw Workers’ Compensation. It does not lessen the amount you receive each week.

Partial disability does lessen the amount you may receive each week. If you are able to work, but make less because of limitations caused by your injury, you can receive two-thirds of the difference between your old wage and your new, lower wage.

Total disability only kicks in after you have missed more than seven days of work. You must miss at least 21 days of work, due to your injury, in order to be paid for the first seven days you missed.

To learn more about the benefits you may be entitled to, please contact White & Stradley, LLP and schedule your initial Workers’ Compensation law consultation today.

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Auto Accidents and Workers’ Compensation

Thursday, March 11th, 2010

Figuring out if your auto accident is covered by Workers’ Compensation can be more complicated than it seems. The basic rule of thumb is, if you were traveling for the benefit of your employer, your accident is covered. However, within that basic concept, there can be grey areas, and what you consider travel for your employer could be a matter of opinion. North Carolina Workers’ Compensation law tries to sort this out in great detail. Even so, you may still need an experienced Workers’ Compensation attorney to help you with your claim.

Your Daily Commute Does Not Count (Usually)

One of the most frustrating parts of Workers’ Compensation auto accident law is the fact that driving to and from work is not considered to be part of your job, and is, therefore, not covered. You probably disagree.

There are some exceptions, so if you were injured in an auto accident during your commute, do not assume that you are not eligible for Workers’ Compensation.

Were You Doing Something For the Benefit of Your Employer?

Besides going to work, that is. This is the big question. If you were running an errand for your employer, you are probably eligible, even if you did something personal at the same. However, if you make a side trip for yourself while driving as part of your work duties, you are not covered while off the work route.

As you can see, it can get very complicated. Your employer’s insurance company will try to use the complicated nature of the law against you.

If you have been injured in an auto accident that you believe may be covered by Workers’ Compensation, please contact the experienced Workers’ Compensation attorneys of White & Stradley, LLP today. We will schedule your initial consultation. If we feel that you case has merit, your consultation is free.

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Am I Eligible For Workers’ Compensation Benefits If I Did Something To Cause My Injury?

Monday, February 8th, 2010

In most cases, you are eligible for Workers’ Compensation even if the accident that caused you injuries was your fault. A Workers’ Compensation claim is not a lawsuit, and you do not have to prove fault on the part of your employer, or prove that you were not at fault, in order to receive benefits.

Exceptions

There are a couple of circumstances that can give your employers’ insurance company the right to deny your claim:

• If you caused your injuries on purpose
• If you were intoxicated at the time of the accident

If your employer or supervisor provided the alcohol or drugs, then even intoxication is not grounds for denial.

Your Benefits May be Reduced or Increased by 10%

Even if you fail to do your work in a safe manner or break safety laws or rules, you are still eligible for Workers’ Compensation in North Carolina. Your benefits may be reduced by 10%, if the problem was brought to your attention before you were injured.

If your employer was knowingly breaking laws or regulations and that caused your injury, your benefits may be increased by 10%.

Workers’ Compensation laws were created to insure that workers are taken care of when they are injured. It provides for your medical bills and a portion of your lost income. It also protects employers from lawsuits. Workers’ Compensation does not pay as much as you might win in a personal injury lawsuit, but it is much easier to get your benefits and it puts money in your pocket faster than suing.

If you have been injured on the job, please contact the experienced Workers’ Compensation attorneys of White & Stradley, LLP to schedule your initial Workers’ Compensation law appointment and find out if you are eligible for benefits today.

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Workers’ Compensation Death Benefits

Tuesday, January 12th, 2010

Workers’ Compensation death benefits can help your family pay bills and buy groceries if you die from a work-related injury. It will not replace your full income, and in most cases, it does not last a lifetime, but it can make a big difference to your family in their time of need. If you have lost a loved one in a work-related accident or to an occupational injury, you may be entitled to Workers’ Compensation death benefits. The compassionate North Carolina Workers’ Compensation Attorneys of White & Stradley, LLP can help you determine if you are eligible and help you file your claim.

Dependents

Widows or widowers and minor children are automatically considered “wholly dependent” under North Carolina Worker’s Compensation law, and get first priority. When there is no surviving spouse or minor child, other may qualify as wholly or partially dependent, and may be entitled to payments or a share of the payments.

Next of Kin

If there are no dependents, adult children, parents, or siblings of the deceased worker may be entitled to Workers’ Compensation death benefits.

Burial Expenses

Workers’ Compensation pays up to $3,500 in burial expenses even when there is no one who qualifies for death benefits.

Time Limits

Time limits do apply. Workers’ Compensation death benefits are only available to those whose loved ones have died within six years of their accident or within two years of being declared disabled.

If you have lost a loved one to a work-related accident or if you have been injured on the job or are living with an occupational illness, please contact the experienced North Carolina Workers’ Compensation attorneys of White & Stradley, LLP to learn more about Workers’ Compensation death benefits and how they may apply to your situation.

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Who is Entitled to Workers’ Compensation Benefits?

Tuesday, December 8th, 2009

If you have been injured on the job or have discovered that you have a work-related illness, you may be wondering if are entitled to Workers’ Compensation benefits.

The first thing you need to ask yourself is, “Am I an employee?” Simply having a job or working for someone does not always make you an employee. Independent contractors are not employees, and obviously if you work “under the table” then you are not an employee.

Most employees, including government employees, are covered by workers’ compensation laws. There are a few, rare exceptions. The experienced Workers’ Compensation attorneys at White and Stradley can help you determine if you are covered or fall under one of these exceptions.

An employee’s dependents may be entitled to benefits in the case of a death caused by a work-related injury or illness. If you are the spouse or dependent child of someone who has died in an accident at work or from an illness such as mesothelioma, you may be able to collect workers’ compensation death benefits.

Workers are covered when they are traveling on business. This does not include your normal commute, but it does include business trips, traveling to meetings, deliveries, and other travel required by your employer. When you are out of town on business you may even be covered during non-work activities, such as accidents that occur in your hotel room or during leisure activities.

If you or a loved one has been injured or killed on the job, in North Carolina, please contact the experienced workers’ compensation attorneys at White and Stradley to find out if you are entitled to workers’ compensation benefits.

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What Should I do if I’m Hurt on the Job

Monday, November 9th, 2009

On the job injuries can raise many fears about how you will pay your medical bills, what you will do for income while you recover and event he question of whether you will be able to work again. It can be a very frightening time for you and your family. However, if you take the right steps after a work accident, you can protect your rights and your ability to collect Workers’ Compensation benefits which can offset a great deal of your financial loss.

• Report the accident to your employer, and do it in writing, if possible.
• Get medical attention for your injuries whether they seem serious or not
• Fill out a Workers’ Compensation claim form and turn it in to your employer right away to get the ball rolling on your claim as soon as possible. Your employer is required to provide you with the form.
• Contact an experienced workers’ compensation attorney. Even though a workers’ compensation claim is not a lawsuit, you may need a lawyer’s help to get the compensation that you deserve. In some cases there may be more involved than just a workers’ compensation claim. Your attorney can help you figure this out.
• Get the name and contact information of any witnesses.
• Take pictures of the scene of the accident and of your injuries.

It is important to take action as soon as you are able after any medical emergencies have been attended to. Your Workers’ Compensation benefits can help you and your family make it through the time that you are out of work. The longer you wait to file your claim, the longer it will be before you start receiving any compensation. The attorneys at White and Stradley can help you through the claims process. If you have been hurt on the job in North Carolina, please contact us today.

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This web page about Workers' compensation is for informational purposes only. This web site should not be used as formal legal advice. Contact one of our experienced Workers' comp lawyers today at White & Stradley LLP. We proudly serve all of North Carolina including Raleigh, Southern Pines, Tarboro, Burlington, Chapel Hill, Dunn, Fayetteville, Hillsborough, Lillington, Louisburg, Oxford, Pembroke, Pinehurst, Pittsboro, Raeford, Red Springs, Rocky Mount, Roxboro, Sanford, Selma, Siler City, Smithfield, and Warrenton. Our experienced work injury attorney also serves Alamance, Alleghany, Alexander, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Clay, Cleveland, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Hyed, Iredell, Jackson, Johnston, Jones, Lee, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain,Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wayne, Wilkes, Wilson, Yadkin, and Yancey Counties. If you have been injured in a work accident and suffered a job related injury, contact us today for a complimentary Workers compensation claim consultation. We are committed and dedicated to help injured Workers get the compensation benefits you deserve.

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