Injured at work in NC by another's negligence.
When an employee is injured on the job in North Carolina through the negligence of another person two claims arise. First the employee may have a claim under the North Carolina workers' compensation system. Second, the employee has a tort or personal injury claim against the negligent "third party." It is important to pursue both, as they have different advantages and limitations. The employer or their insurance company will have a lien against the third party or their insurance company for medical and wage benefits paid in the workers' comp case (or workmans comp case as it is sometimes called). This lien can be negotiated and if necessary your North Carolina workers' comp lawyer can go to court to have a Superior Court judge set the amount of the lien, or extenguish it all together. For more information about third party claims or your NC workers' comp case contact Kevin Bunn, Attorney at Law.
Politics and Workers' Compensation in North Carolina
One of the unfortunate aspects of workers' compensation in North Carolina is the vulnerability of the system to politics. Unlike tort law, which involves automobile accidents for example, workers' comp. is largely a creature of statute. The North Carolina General Assembly passes workers' comp (workmans comp) law at its pleasure, and it is the job of the North Carolina Industrical Commission to implement the Workers' Comp. Act. Injured workers, as well as their families and friends in NC, should be aware of how their legislator fees about the NC workers' comp system, and vote accordingly.
NC Industrial Commission Sets Interpreter Role
The North Carolina Industrial Commission, which has the responsibility for administering the NC Workers' Compensation Act, recently issued a statement clarifiying the role of interpreters in the NC workers' comp system. The Industrial Commission notes that interpreters and translators may not write summary reports that include conversations between injured workers and their medical or vocational providers. According to the NCIC, interpreters may only provide an exact translation and should not summarize or comment on the conversations between NC injured workers their and medical or vocational providers. The opinion is here: http://www.ic.nc.gov/ncic/pages/063010mn.pdf
Forms, Forms, Forms and NC Workers' Comp Claims
Workers' compensation in North Carolina involves forms, and there is no way around it. Most cases begin with the injured employee filing a Form 18 notice of injury, while the employer or their insurance company files a Form 19. Claims can be accepted by Form 60 or 63, or denied by Form 61. A form 18M keeps medical treatment open. Forms are also used under NC workers' compensation law for permanent disability ratings, travel expenses, to request a hearing, to terminate payment, to resume payment, to show a payment was made, and for just about everything else. The forms are available on the North Carolina Industrial Commission's website, but be careful filling out these forms. A NC workmans comp claim can be lost when a form is filled out improperly or not filled out at all. For a free consultation with a NC workers' comp attorney please call or send us an email.
Workers Comp Claims by State Employees in NC
State employee's and workers' compensation lawyers in North Carolina face some special issues in dealing with the workers' compensation claims of state employees. Some state employees, including many law enforcement, probation and prison officers, are entitle to full salary continuation for two years in lieu of their NC workers' comp wage replacement benefits. This also applies to NC school teachers who are injured in an "episode of violence." All state employees who are injured and file a workmans comp claim under North Carolina laws must deal with coordinating other state benefits, such as the state health plan, short term and long term disability and retirement. Frequently, this interplay is affected by the length of service. Workers' comp cases involving injured state employees are among the most complicated to handle. If you would like a free consultation with a North Carolina workers' compensation attorney please contact me by phone or through this website.
The Average Weekly Wage in NC workers' comp.
One of the most important numbers in a workers' compensation case in North Carolina is the Average Weekly Wage. The AWW, when multiplied by 2/3's yields the "comp rate" which is the basis for the amount of the weekly payments, and a factor in the Temporary Total Disability formula. A proper calculation of the AWW is critical to the evaluation of the value of a NC workers' comp case. There are a number of methods in NC workers' comp law to calculate AWW, the most common of which is to divide the gross amount earned in the year prior to the injury by the number of weeks worked. You should consult a lawyer to help you determine the proper AWW in your workmans comp claim. Recently, I was hired by a client and within a few weeks I demonstrated to the workers' comp insurance company that they had been underpaying my client by a couple hundred dollars for several years. The result was a rather substantial check. For a free consultation with a North Carolina workers compensation attorney please contact us.
North Carolina Workers' Workmen's Workman's Workerman or Workermens Compensation
Someday someone should do a sociology study on the evolution in the name of the workers' compensation system. Many folks in NC still refer to it as "workmans" compensation, and a few as "workmen's" comp. The issue has so much history that the North Carolina General Assembly included the following language in the NC Worker's Comp Act. § 97‑1.1. References to workmen's compensation.Any reference in any act, public or local, to the "Workmen's Compensation Act," "Workmen's Compensation," or "workmen's compensation" shall be deemed to refer respectively to "Workers' Compensation Act," "Workers' Compensation" or "workers' compensation." Regardless of what you call it, if you have questions about North Carolina workers' comp laws contact me for a free consultation with a NC attorney.
Can an employee receive workers' comp in NC if he was at fault in the accident?
I read an article on-line the other day describing an employee of a large laundry company who died when he fell into an industrial dryer. Readers were asked to comment on the story, and I was sadly not surprised to read a string of posts blaming the worker for his own death and questioning why workers' comp should pay. While this was not a NC workers' comp case I do hear that all the time. Workers' compensation is a tradeoff. Simply stated, employers are required to provide only limited wage replacement and medical benefits, and injured employees do not have to show fault. In North Carolina, injured workers receiving workers' compensation benefits receive only two-thirds of their Average Weekly Wage while they are out of work. There is no compensation for pain and suffering or for the general inconvenience of being injured, as there is in the tort system. On the other hand, an injured NC worker can receive workers' comp even if he caused his own injury. Ideally, workers' compensation is designed to be a system offering expedited basic benefits to the employee at a reasonable cost to the employer. The underlying concept is that "industry should be responsible for its own wreckage." Whether the workers' comp system in NC actually functions that way now is certainly up for debate. Please feel free to email or call to discuss you NC workmans comp claim with a North Carolina workers' comp attorney.
Role of a lawyer in a NC workers comp case.
I frequently get asked by potential NC workers' compensation clients how much time a client can expect to spend with me versus somebody else in my office. I think lawyers need to talk to clients about every important issue in the case and not push that off on a paralegal or assistant. If you are injured on the job in North Carolina, you are already going through a lot. The last thing you need is a bunch of second and third hand miscommunications.You should speak with a lawyer about your workmans comp claim before you hire them. It sounds simple enough, but it is amazing how many people tell me they called a law firm and the decision whether to take the case or not was made by someone who does not practice workers' compensation law in North Carolina. My paralegal plays a critical role in my office. But she does not decide which cases to take or how to proceed with a claim. A workers comp attorney just has to find the time to talk with his clients. If you have questions about you on the job injury in North Carolina please contact me for your free consultation.
North Carolina Workers' Compensation Laws
So, what are the sources of North Carolina workers' comp laws? There are several. First, workers' comp, or workmans comp, is a creature of statute. The North Carolina General Assembly established the system for administering the workers' comp system and tweaks it from time to time. The laws directly relating to workers' comp are found in Chapter 97 of the North Carolina General Statutes. Second, the appelate courts, which include the North Carolina Supreme Court and the North Carolina Court of Appeals, hear appeals from the North Carolina Industrial Commission and interpret those statutes. Third, the North Carolina Industrial Commission administers the workers' comp act, making decisions about each case presented. Industrial Commission opinions and awards, their decisions, are available on their website and are informative as to how a particular issue is treated. Finally, the Industrial Commission adopts its own rules for administering claims.For information about your North Carolina workers comp claim, or for a free consultation from a NC workers' comp attorrney, please email or give us a call.
