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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"We were nervous at first, but you put us at ease."

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"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."

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"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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Here's A Trap Workers' Comp Adjuster Have Been Setting Lately

Here's a warning about a trap adjusters have been laying lately. This one could save you a lot of pain,both emotionally and financially.

You know that adjusters want to send you to their favorite doctors. And you know that once an adjuster starts paying you they must continue unless you either return to work or they seek, AND GET, permission from the Industrial Commission to cut off your checks.

Here's how adjusters are trying to get around this rule.

Technically, an adjuster can only pick the doctor if she's formally accepted your claim. But 99% of injured workers don't know this and so the adjuster can get away with just telling you where you have to go.

The trick is that the adjuster may not formally accept or deny your case right away, even if she's paying you. Again, 99% of injured workers are happy if they're getting their weekly checks.

By not formally accepting your case the adjuster can wait around to see if you're case is going to be a big one or not. If it looks like you may need surgery or not be able to return to work she can deny your claim and cut off your checks without asking the Industrial Commission first.

Does this happen often? Sadly, it does. At any given time our firm is handling a dozen or more cases where this exact scheme was played out by an adjuster.

{!firstname_fix}, here's what you need to do to protect yourself. Don't be satisfied with getting a weekly check or being sent to the doctor. You need to insist on getting a NCIC Form 60 or Form 63 from the adjuster.

If you're unfamiliar with what those look like we'll send you copies. Don't let the adjuster get by with telling you a Form 60 is unnecessary if you haven't come out of work yet. The regulations for this were changed a year ago, but some adjusters still use it as
an excuse.