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- When the injured worker returned to work he was immediately fired...
- Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident....
- Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury....
- Workers' Compensation: The NC Industrial Commission determined that the employer was required to pay our client's medical bills and also continue workers' compensation payments until our client could find a job with his limited physical capabilities. The employer was unable to find work for him at the company and he was fired, which was unacceptable, although it was explained by the employer as happening because of excessive absences....
- Workers' Compensation: The North Carolina Industrial Commission threatened to hold CNA in contempt of court because they refused to authorize the medical tests which would prove that the plaintiff was unable to do his job. This was a classic example of an adjuster getting an opinion from a reliable doctor and then refusing any other evaluation which could help the injured worker....
- Workers Compensation: The North Carolina Industrial Commission held that National Benefits Association had wrongfully denied this claim for more than a year...but only when the Industrial Commission finally heard all the evidence -- that the employer admitted that they knew the plaintiff was hurt, that they had sent him to a doctor but didn't follow his direction, and that there was no way our client could do his job with his severely-injured back....
- Workers' Compensation: North Carolina Industrial Commission says Liberty Mutual must provide yardcare and housecleaning to an injured brickmason....
- Workers' Compensation: North Carolina Industrial Commission rules that a restaurant dishwasher who slipped and fell, and was taken straight to an emergency room has proven that he was injured on the job....
- Workers' Compensation: North Carolina Industrial Commission finds that Diebold and Broadspire MUST pay weekly benefits even after they fired the injured worker from her "light duty" job....
- Workers' Compensation: North Carolina Industrial Commission rules against The Hartford Insurance Company and holds that a nurse who was still on her employer's property when she was hit by a car is within the course and scope of her employment and entitled to workers' compensation benefits....
Library
Workers' Compensation
- Psssst! Who's that following you?
- NCIC Form 25T: Mileage Reimbursement form
- Form 28T: Notice of Termination of Compensation by Reason of Trial Return to Work
- Form 33R: Response to Request that Claim Be Assigned for Hearing
- 10 Things Your Insurance Adjuster Won't Tell You (download)
Testimonials
"Mr. Richardson and Ms. York were always available - and they did a terrific job."
"Chip Permar and his team were outstanding!"
"You showed so much concern for me as a person -- there is such a personal touch to everything you do."
"I don't know what I would have done without you!"
"We were nervous at first, but you put us at ease."
"John and Stephanie were patient with me. Great teamwork!"
"Being injured turned into a life-changing event, but it was comforting to know that you understood me and were only a phone call away."
"You guys are on top of your game."
"I researched law firms on the internet, and I could not have asked for a better attorney."
"Whenever I called I got answers."
Workers' Compensation
Two Big Changes in Workers' Compensation
Big Change Number One.
Currently if you are injured and you cannot return to suitable employment, you are entitled to draw workers' compensation benefits for life. For nearly twenty years Todd Oxner has been telling people if they live to 102 and die in a bar room brawl they'll get paid until they're 102. No more. "Lifetime" claims are now limited to 500 weeks unless you are completely disabled from all work - not just suitable employment. Basically it's going to be 500 weeks unless you are in a wheelchair. As long as you can work as a Wal-Mart greeter on a stool it's 500 weeks. It's somewhat more complicated than that and we will deal with that in an upcoming article. But it won't apply to most people at all.
Big Change Number Two.
If (when) you return to work at reduced wages you will be entitled to draw wage loss for a period of 500 weeks. That is an increase from the 300 weeks under current law. Same as now, any week of total disability paid is deducted from the 500 week total. But in a positive twist, the 500 weeks is not a timer that begins on the date of accident. If your employer brings you back to work in transitional duty or make-work for a period of time that period is not deducted from the 500 week total.
It is important to note that these changes apply to cases arising after June 24, 2011.
There are some significant twists to these provisions which we will be addressing in upcoming weeks. In the meanwhile, however, if you have a new case, most of the strategies which were used before are now not going to work. Call OTP and let us help you work out a roadmap to your success in workers' compensation.
Our book
"10 Ways to Wreck Your
Workers Compensation Claim"
Our controversial report
"10 Things Your Insurance Adjuster Won't Tell You"
"Deny & Buy" - Confessions of Former Insurance Defense Attorneys
"Lightning Strikes Twice" - How to Avoid Becoming a Victim of Personal Injury Insurance Companies
Download a copy of each book in the Library section or click on a title above, and we'll mail it to you.
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OTP - Greensboro
1155 Revolution Mill Drive,
Studio 4
Greensboro, NC 27405
Phone: 336-274-4494
Fax: 336-274-4525
Toll Free: 1-866-OTP-Law1
OTP - Winston-Salem
110 Oakwood Drive, Suite 420
Winston-Salem, NC 27103
Phone: 336-274-4494
Fax: 336-631-5225
Toll Free: 1-866-OTP-Law1
OTP - Burlington
409 Alamance Road, Suite C
Burlington, NC 27215
Phone: 336-226-5925
Fax: 336-226-4492
Toll Free: 1-866-OTP-Law1
OTP - Asheboro
854 South Cox Street
Asheboro, NC 27203
Phone: 336-633-4496
Fax: 336-633-4494
Toll Free: 1-866-OTP-Law1
OTP - Raleigh
3700 Glenwood Avenue, Suite 350
Raleigh, NC 27612
Phone: 919-573-5241
Fax: 919-785-2239
Toll Free: 1-866-OTP-Law1
OTP - Fayetteville
4200 Morganton Road, Suite 200-11
Fayetteville, NC 28314
Phone: 910-764-3363
Fax: 910-764-3364
Toll Free: 1-866-OTP-Law1
OTP - Charlotte
550 S. Caldwell Street, Suite 1800,
Charlotte, NC 28202
Phone: 704-547-1617
Fax: 704-334-2213
Toll Free: 1-866-OTP-Law1
OTP - Hickory
101 Government Avenue SW
Hickory, NC 28601
Phone: 828-322-1271
Fax: 828-322-1643
Toll Free: 1-866-OTP-Law1
OTP - Wilmington
1213 Culbreth Drive,
Wilmington, NC 28405
Phone: 910-509-7274
Toll Free: 1-866-OTP-Law1
OTP - Greenville, NC
3800 East 10th Street
Suite 101
Greenville, NC 27858
Phone: 252-294-1109
Toll Free: 1-866-OTP- Law1
OTP - Rock Hill, SC
3014 South Cross Boulevard
Rock Hill, South Carolina 29730
Phone: 803-327-0078
Toll Free: 1-866-OTP-LAW1
FAQs
Workers' Compensation
The accident wasn't my fault so can I sue my employer?
If I can't sue my employer, can I sue someone else?
What is "Maximum Medical Improvement" and what happens at that point?
Case Studies
Workers' Compensation
What Can Go Wrong with a Return to Light Duty Work.
How a Functional Capacities Evaluation Can Wreck a Claim.
An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.