North Carolina Workers’ Compensation Attorneys Blog
November 9th, 2010
It is very likely that your Workers’ Compensation case will go to mediation first. In North Carolina, an Order for Mediated Settlement is automatically sent on the majority of claims filed. We understand your rights in the mediation process and protect you throughout the process.
What is mediation?
Mediation is a private negotiation where both parties agree to participate in with the intention of reaching a fair agreement. The mediator serves as a facilitator in the process to assist the parties through negotiation. It is often an effective means of resolving a claim and reaching a settlement.
What are my rights when participating in mediation?
Keep in mind that many cases are fairly settled using mediation. With an experienced Workers’ Compensation attorney on your side combined with a good mediator, you will likely find success by participating in mediation. Keep in mind that:
- You are not forced to accept the recommendations of the mediator if you consider them unfair
- The mediator is specially trained to help the parties reach mutual agreement
- Mediation is regularly used to negotiate settlements
- We help in choosing a mediator with skill and experience in Workers’ Compensation claims
If you are interested in filing a Workers’ Compensation claim, it will likely go automatically to mediation. Please contact the experienced North Carolina Workers’ Compensation attorneys at White & Stradley LLP to schedule a confidential consultation.
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October 29th, 2010
Grieving the loss of a loved one due to a workplace accident leaves the family in shock and overwhelmed. The emotional need to recover is often sacrificed to the responsibilities of filing the claim. If you have experienced the loss of the primary earner in your family, the impending bills are often financially crippling.
What expenses are covered when a Wrongful Death claim is settled?
At White & Stradley LLP, we maintain strong and caring communication with our clients. We want to understand all of your needs so we can provide the best legal care possible. We will request what is fair for you in your time of need. Wrongful death claims can provide compensation for any of the following:
- Compensation for pain & suffering
- Limited compensation for loss of income
- Funeral expenses up to an amount designated by the state
- Any medical expenses resulting from the fatal injury
How does the law work for me?
Our attorneys speak with you about the evidence surrounding the death. We want to determine whether it is considered a wrongful death caused by negligence. Based on the evidence we can determine what survivor benefits you are eligible for and the best strategy for presenting your claim. There is also a two year statute of limitations in place in North Carolina so any claims must be brought within that time period.
If you need legal guidance on a claim for the wrongful death of a loved one, please contact the experienced North Carolina Workers’ Compensation attorneys at White & Stradley LLP to schedule a confidential consultation.
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September 14th, 2010
Compensation for pain and suffering as a result of a workplace injury is a complex process and will often require consultation to help determine eligibility. Workers’ compensation claims are ineligible for pain and suffering in North Carolina. These claims focus more on the result of the disability from the injury to determine compensation. You may be eligible for compensation from pain and suffering on a personal injury claim instead.
At White & Stradley LLP, we focus on understanding the unique situation of each of our clients in order to provide the best service possible. Our experience can help you navigate whether you are eligible for pain and suffering as a result of an injury in the workplace. We can start by identifying whether a third-party was at fault in the incident or whether it was a result of your workplace environment. You may need to file for both.
It will make the recovery process easier to have the experts at White & Stradley LLP helping you handle the paperwork. You need somebody on your side so you can focus on getting yourself healthy again. The sooner you start the process, the better you will feel.
If you have suffered an injury on the job, please contact the experienced North Carolina Workers’ Compensation attorneys at White & Stradley LLP to schedule a confidential consultation.
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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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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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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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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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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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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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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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