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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Eight Steps to Better Treatment with Your Workers' Comp Doctor

1. Be prepared for the doctor's visit. How? We recommend everyone
use one of the notepads from our Survival Kit (if you haven't gotten
one email us and we'll send you one for free). In any event you
should have written down notes for the doctor before you ever go in.
Be sure to tell him how your condition has changed since the last
visit, how your activity levels have changed, and how medication is
helping or not. Have written down any questions you want to ask the
doctor so you can remember them. Being prepared makes the best use
of the doctor's time and he'll have to appreciate that.

2. Be as accurate as possible. Remember that most worker's comp
doctor's have a certain prejudice against injured workers. You
need to do everything possible to avoid falling into these stereo-
types. It's tempting to complain a little louder when the doctor
seems to be ignoring you. Unfortunately this often results in his
assuming you're symptom magnifying, and he'll pay even less
attention to you.

3. Make sure the doctor is directing your care, not the rehab
nurse. Under the NCIC Rehabilitation Rules the nurses cannot pro-
pose a specific doctor for a second opinion or for treatment. Yet
this happens constantly. If your doctor recommends that you see
someone else ask him to specifically put in his notes where he is
referring you. Otherwise you can pretty much guarantee that between
the nurse and the adjuster you'll end up with an insurance-oriented
doctor.

4. Do not work outside of your light duty restrictions. Don't do it
at home either. Most doctors erroneously believe that employers
really honor light duty restrictions. If you work beyond your re-
strictions your recovery will be slower than you want or the doctor
expects. So get the most out of the treatment by only pushing your
body as far as the doctor thinks your able.

5. Don't be afraid to ask for a second opinion. If the adjuster
tells you that you're only entitled to a second opinion at the end
of your claim, and then only on the amount of your rating, she's
lying to you. You're entitled to ask for a second opinion any time
you want. No credible doctor is offended if you ask for a second
opinion.

6. When you ask for a second opinion don't let the adjuster or the
rehab nurse pick the next doctor for you. The Industrial Commission
won't give you an endless supply of second opinions, and "wasting"
one by going to yet another company doctor won't help you any.

7. Ask the doctor's office to send you copies of your office notes.
These are being sent to the adjuster as soon as they're typed up so
you should have them to. You need to see exactly what your doctor
is saying about you.

8. Get copies of your rehab nurse's reports. And also get all of
her correspondence (whether by fax or email) between her and the
adjuster, the defense attorney, and the doctors. Again, you need
to know exactly what is being said about your case.