Am I entitled to
recovery for my injuries?
What kind of
injuries are covered?
What happens first?
How does my claim get accepted?
What happens if my claim is not accepted?
How much do I get if my claim is accepted?
How does my claim get settled?
Why do I need a lawyer?
Am I entitled to
recovery for my injuries?
You will be covered if the following guidelines occur:
- Your employer had 3 or more employees on
the date of your injury
- The accident took place within North
Carolina; or, outside the state if your employer has its principle place
of business in this state.
- You were injured as defined by the Act.
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What kind of injuries are covered?
Claims can be made if there has been an accident, an
occupational disease (something that occurs over a long period of time
that the employee has a greater risk of contracting than the general
public would due to the job), or a specific traumatic injury (back
injuries such as picking up something heavy and feeling a pop or pain in
your back). Occupational disease injuries are very limited such as carpal
tunnel (injury of hands due to repetitive motion). Your claim will be
filed under one of the three conditions after talking with your attorney
and witnesses.
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What happens first?
We immediately file notice with the North Carolina Industrial Commission
by filing a Form 18. While you can technically file up to two years after
an incident, your chances of success decrease the longer you wait to file.
We do this to protect you within the first 72 hours of your representation
by this firm.
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How does my claim get accepted?
The carrier has 14 days after the Form 18 is filed to make a decision.
However, we are on the phone immediately with the insurance adjustor
working out any issues. If there is a dispute over whether or not the
injury occurred, we provide the insurance company with as much
documentation as we can to get the claim accepted. The adjustor usually
wants a recorded interview (which we set up for you). We should know
within the first 30 days whether or not your claim will be an “accepted
claim”.
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What happens if my claim is not accepted?
If the insurance company will not voluntarily accept your claim,
we immediately file a Form 33, Request for Hearing. Once the request is
filed, there is a mediation where everyone gets together and tries to work
things out. If this fails then a hearing is held before the North Carolina
Industrial Commission who will decide if your claim is valid or not.
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How much do I get if my claim is accepted?
You will be entitled to two-thirds of your average weekly wage
as compensation provided a doctor has placed you out of work. You will
also have the right to have all your medical bills paid. Worker's
Compensation can select the doctors you must see but you are also entitled
to a second opinion or change of doctors under certain circumstances. We
make sure you are seeing the right doctors. You are also entitled to all
costs of medicine and medical devices as well as mileage.
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How does my claim get settled?
Our first concern is to get your claim accepted and get your
benefits started. At some point, after you have recovered, there may come
a time when it is in your best interest to attempt to settle your claim
completely. This usually occurs after you have been released by a doctor
with a permanency rating. If it appears to be in your best interest to
settle the claim totally, we will then make a demand upon the insurance
company and offer a total settlement figure. The insurance company will
negotiate a settlement. This is called “clinching your claim”.
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Why do I need a lawyer?
Sometimes you do not need a lawyer to help you with your claim.
However, no one should attempt to handle a worker's compensation claim
without at least getting some advice. There are many valuable rights and
benefits due an injured worker and the insurance company is not obligated
to tell you about them or even help you get them. We strongly recommend
getting a lawyer to go over your claim with you even if you don’t hire a
lawyer.
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