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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What items are used in coming up with a workers' compensation settlement?

A:

Here's the quickest answer we can give, which isn't all that quick. It also requires answering a couple of questions. For purposes of this FAQ we're talking about accepted claims.  The measuring stick for each of these is your average weekly wage. That's why we are relentless in making sure every bonus, every overtime payment, every per diem, absolutely everything gets into the calculation of your average weekly wage.

1. Can you go back to your old job or another paying just as much money? If so you will receive a nominal award based on your rating. You may be able to settle for more money if you give up the right to future medical care for this claim. This is the smallest of the potential settlement types.

2.  Are you permanently and totally disabled from all suitable employment? If so you are entitled to be paid weekly benefits until you die or actually return to work. You are not entitled to a lump sum settlement, although you may reach an agreement for this with the insurance adjuster. To do so you will almost certainly need to give up the right to future medical care for this claim.

3. Are you incapable of returning to you old job or one of equal pay but still capable of performing suitable employment? If so you are entitled to be paid 2/3 of the difference between what you used to make and what you're now capable of making. You draw this amount in weekly installments for a period of 300 weeks which started on the date of your injury. You are not entitled to a lump sum settlement, although you may reach an agreement for this with the insurance adjuster. To do so you will almost certainly need to give up the right to future medical care for this claim.

NOTE: You are NOT ENTITLED to a lump sum settlement. This isn't like a car accident case where the jury gives you a bunch of money at the end of the trial. The Industrial Commission doesn't do that. All they'll do is order the adjuster to keep sending you checks.

NOTE 2: Do you need an attorney to settle your case? Not necessarily, particularly if it's under the first scenario. But any credible attorney should be willing to cut his or her fee if they aren't bringing value to the claim. In other words, if you aren't going to get a better settlement with us than you would have without us, then we should cut our fees. We do that.