Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability
• Employment Law

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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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."

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I am already receiving benefits. Why do I need an attorney?

A: The North Carolina Workers' Compensation Act contains 149 sections with multiple subsections. There are 9 articles of rules that govern workplace injuries. There are literally thousands of cases from the Industrial Commission to the Supreme Court that interpret workers' compensation law. There are general rules with exceptions, and even exceptions to the exceptions. Of all the lawyers in North Carolina less than 1% have passed the examinations the State Bar administers to certify that they are specialists in workers' compensation.

But let’s say you are receiving weekly benefits and workers' compensation is providing medical treatment. Things seem to be going fine. Unless you are knowledgeable of Workers' Compensation Law, how do you know if you are getting everything that you are entitled to? You may be entitled to more than you are receiving.

Often we see individuals getting paid benefits based on an incorrect average weekly wage. Sometimes the carrier neglects to include overtime or other benefits paid in lieu of wages. This results in an individual being paid less than what they are owed. For example if an injured worker made $10.00 per hour and got time and a half for overtime and worked approximately 60 hours per week, failure to include overtime would shortchange the injured worker by approximately $200.00 per week. There is a big difference between $266.00 and $466.00. This happens all the time.

In certain cases the insurance carrier will have to pay for house remodeling, handicap vans, and even pay family members for care they give. It has been our experience that the insurance carrier does not volunteer to provide these benefits.

Finally, it is much easier to prevent a problem from occurring than it is to correct one. Injured workers come to us all the time after having their benefits stopped. Had they come to us before benefits were stopped, usually we could have taken action to prevent the insurance carrier from stopping benefits. Once they are stopped, it can take months to get them started again.