Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Firm News

• 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....
  

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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)

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"I think of everyone involved on my case at OTP as friends.  You all always had a warm greeting  and a smile for me and you took a big interest in my case."

"Without my attorney's help, I would have been hung out to dry.  He looked out for me!"

"I could not be more pleased with the outcome of my case!  Amy Berry and Amy Gallimore are great communicators.  They are super friendly and professional."

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Information for injured workers in North Carolina

Q: Can an employer cancel an injured employee's health insurance while he or she is receiving workers' comp benefits?

A: Unfortunately the employer can cancel your health insurance. Health insurance is not specifically covered by the Workers' Comp Act so it is controlled by either state (for small companies) or Federal (larger companies) law. Often the law is identical: if you drop below 30 hours per week your employer may change your coverage to COBRA. Believe it or not this is usually done at the insistence of the health insurance company and not the employer. Your employer must permit you to continue the insurance at your expense. There are two current exceptions, though. First, if you use your Family Medical Leave Act for time off. then the employer may not collect the insurance premiums during that 12-week period. They are able to collect them upon your return to work, though, so be aware. Second, under the President's stimulus plan employers are required to pay a large portion of the insurance premiums for several months. We've seen mixed results for this being applied to injured workers because technically you need to be "able to work" to fall under the provision. And if you were fully "able to work" you probably wouldn't have this question.