Posted on Thursday, August 1st, 2019 at 3:23 pm
For many workers, once it becomes clear that they have reached maximum medical improvement (MMI) (that no further treatments will improve their health), it makes sense to start thinking about their long-term position. Some of the reasons workers consider lump-sum payments are:
The amount you receive will be discounted to reflect the idea that the lump sum can earn interest over the time you normally would have waited to get your payments.
If, as we’ve pointed out before, you are receiving any unemployment compensation pay, you will lose the right to claim those benefits.
The answer depends on your type of injuries. The basic types of injury categories in North Carolina are:
If all these criteria are met, you will be entitled to checks of 2/3rds of your average weekly wage for the remainder of your life.
It is typically not advisable for a worker to settle his or her workers’ compensation claim if the worker has not reached maximum medical improvement. Additional surgeries, treatments, and therapies may improve your condition. They can be quite expensive. You shouldn’t forfeit the right to get as healthy as you can by having the employer and insurance company pay for that treatment. Then again, each and every case is different.
You may feel, for instance, that your skill set will enable you to obtain an alternate job where you can find health insurance which will likely cover future costs, in which case, it may make sense for you to examine settlement.
Once workers have achieved their maximum health, some may not need additional medical care – for example, if they broke a bone and the bone has healed. Many workers, however, will need continuing health care to prevent their condition from getting worse. This is especially critical for workers with occupational diseases which often worsen with time. Workers with chronic injuries or other physical injuries may need constant help. If a worker needs a prosthetic, the prosthetic may wear out with time. The cost of medications must be part of the overall clincher settlement agreement.
There is always some risk in settling your case if you need more medical care. An experienced workers comp attorney can help you make an estimate as to what your future medical bills will be.
In any event, once it is determined that a full and final settlement of your case may be advantageous, your attorney will help calculate your future medical costs related to your injury by first estimating our life expectancy. This can be done by relying on certain statutes in North Carolina that actually provide the average life expectancies for both males and females each year across the State.
One complicated problem is how your Medicare benefits and Social Security benefits are figured since many workers may be eligible for both Medicare and workers’ compensation benefits if they have a lifetime disability or were older when they first applied for work injury benefits. This is typically handled through something called a Medicare Set-Aside Arrangement or MSA. Basically, if you are a current Medicare recipient or if you are on Social Security Disability, you cannot settle your workers compensation claim without taking into account Medicare’s interests.
Also, if you’re going through a divorce, you’ll need to review your marital rights with a family lawyer.
North Carolina Workers’ Compensation Attorney Joe Miller Esq. has been fighting for injured workers in North Carolina and Virginia for more than 30 years. He is highly respected by his legal peers and former clients. He’ll fight to get you every dollar you deserve. He’ll contest any effort by the employer to terminate or reduce your benefits. Call attorney Joe Miller today at 888-667-8295. or use my contact form to schedule an appointment.
Posted on Monday, July 29th, 2019 at 3:22 pm
In our continuing series of answers to frequently asked questions about work injury claims in North Carolina, here are more questions and answers. As with all workers’ compensation cases, the best course of action is to contact an experienced work injury attorney. Each state has different rules. All answers have some exceptions which depend on the facts of your case.
Mediation-also known as “alternative dispute resolution,” is an informal process where the parties to a case attempt to resolve the case, usually via negotiation of a full and final settlement. In North Carolina, the reaching of such an agreement has traditionally been known as a “clincher” agreement.
In North Carolina, about 70% of cases are resolved at a mediation conference which helps to save time and can save costs. If the case can’t be resolved, then the case is heard before a Deputy Commissioner of the Industrial Commission. Normally, your lawyer and the employer’s insurance carrier will choose a mediator from a list approved by the North Carolina Industrial Commission. If the two sides can’t agree on a mediator, then the North Carolina Industrial Commission will appoint one. Each side shares the cost of the mediator. As the NCIC says on its website, the employer’s insurance company will usually have a lawyer, so it’s in your best interest to have a lawyer fighting for you.
The mediation is held at a mutually agreeable location, which may be at either attorney’s office, the mediator’s office, or a third party’s office if all of those are inconvenient. Mediation is a relatively informal process. The mediator, usually an attorney familiar with workers comp, will begin by explaining the process, and what his or her role is.
Each side then gives a presentation, outlining what evidence they will present if the matter proceeds to hearing. The plaintiff does not have to testify and there are usually no witnesses.
Once those presentations are made, the parties usually then separate into two separate rooms and the process of negotiation begins. Depending on the size of the case and the willingness of the parties to resolve the claim, the mediation process can last from a half hour to an entire day. Your attorney may occasionally pull out pieces of evidence or medical records for the other side to review that might “loosen the purse strings” at various stages of the discussion, but other than that, the process is a bit like buying a car. A lot of back and forth on the numbers.
At the end of the negotiation, one of two things will occur. Either the mediator will prepare a mediation agreement, or he or she will declare an impasse. If an impasse is declared, that means the parties were unable to reach an agreement, and the matter will proceed to hearing at an upcoming date.
The Mediation Agreement.
The Mediation agreement is a short summary of what the parties agreed on at the mediation. It is drawn up by the mediator and signed by all parties before anyone leaves the location of the mediation. It is not the final agreement; however, what is advantageous about a mediation agreement is that in North Carolina, it is recognized as a legal document. In other words, should something happen to you, the agreement obligates the defendant to pay your estate as set forth in the agreement. If also puts into place an obligation of the defendants to send a completed clincher agreement for your attorneys’ review within 30 days. This is one of the reasons we like mediation in North Carolina. If the parties can resolve the claim, you leave the proceeding with a tangible, enforceable, legal document, not just a “promise.”
A clincher agreement is an overall settlement of a worker’s claims – past, present, and future. Once a clincher agreement is completed and signed, there’s no do-over. It is the document that the defense lawyer will send to your attorney if the mediation or other negotiation reached a successful conclusion.
The fundamental basics of a clincher agreement are:
The NICI will review the agreement to make sure it complies with Rule 502 which provides that approval requires that:
If the employee hasn’t returned to a job at the same or greater wage (as prior to the workplace accident or occupational illness), the clincher agreement should state whether the employee “has, or has not, returned to some other job or position, and, if so, the description of the particular job or position, the name of the employer and the average weekly wage earned.”
The clincher agreement should then also “summarize the employee’s age, educational level, past vocational training, past work experience, and any impairment, emotional, mental or physical, which predates the current injury or occupational disease. The parties will be relieved of this duty only upon a showing that providing such information creates an unreasonable burden upon them.”
“This subsection (the part about returning a job or new position) of the Rule shall not apply where the employee is represented by counsel or, even if the employee is not represented by counsel, where the employee certifies that partial wage loss due to an injury or occupational disease is not being claimed.”
The proposed clincher agreement is typically drafted by the defense attorney in North Carolina, and emailed to your lawyer.
A skilled North Carolina work injury lawyer will explain all of the items set forth in the clincher agreement and also make sure that certain language is included to protect you—for instance, if you wish to file for Social Security Disability, certain language must be in the clincher agreement or you could be prevented from obtaining your SSDI benefits for a very long time.
Once your attorney says it’s ok, he will review the agreement with you and have you sign it. After that, the signed agreement is returned to the defense attorney for filing with the NCIC, along with your attorney fee agreement with your lawyer.
If the clincher/settlement agreement is approved by the NCIC, they will issue and typically fax to both parties a settlement Order, setting forth the amount agreed upon and the attorneys’ fees.
After that, the worker’s comp carrier has up to 47 days to mail out your settlement check to you. A separate check is made out for your portion and the portion representing attorneys’ fees.
Attorney Joe Miller understands that you may be anxious to settle all your claims at once. He’ll guide through the settlement/clincher process if you have reached your maximum medical improvement. He’ll review your past and future medical expenses and your past and future wage loss issues. For help filing and resolving your workers’ compensation case, call attorney Joe Miller at 1-(888) 667-8295 or use my contact form to schedule an appointment.
Posted on Monday, July 1st, 2019 at 10:29 am
Workers have the right to ask questions about their workers’ compensation claim. Experienced work injury lawyers are happy to answer all your North Carolina and Virginia workers’ compensation questions.
Anyone who is injured while working on their job has questions about their rights. Anyone who suffers an illness due to workplace conditions needs to understand their rights. The best advice for any employee who becomes injured or ill working is to make an appointment with an experienced North Carolina or Virginia workers’ compensation lawyer. He can answer your questions, guide your through the workers’ compensation process, and advocate on your behalf.
Some of the more common questions, employees have about workers’ compensation include:
Generally, only employees of a company can file for work injury benefits. Independent contractors are typically not eligible. The good news is that the employer does not get to decide who is an employee or an independent contractor. The work relationship is determined by a variety of factors. The main factor is whether the employer controls the work performance of the worker or if the worker controls how he/she does their job. Some of the additional factors that determine whether a worker is an employee or not are who provides the tools to do the job, who controls the hours of performance, and how the worker is paid.
Employers with only one or two employees may not be required to carry workers’ compensation insurance. Larger workers normally must have workers’ compensation insurance for each of their employees. As with most laws, there are some exceptions.
No. Workers’ compensation in both North Carolina and Virginia is a compromise. The employee only must show that an accident happened at work or that an illness is due to unique workplace conditions. The employee does not even need to show the employer failed to follow normal business safety standards. The trade-off is that the employee cannot make a claim for “pain and suffering” damages. Also, workers generally only get 2/3rds of their average weekly wages during the time they can’t work – and not the full 100%. There are also caps on how much an injured or ill worker can receive, typically up to 500 weeks.
There are a few exceptions. In Virginia, employers may challenge the right of a worker to demand work injury benefits if the worker intentionally caused his or injures – such as through getting into a fight with a coworker or getting into an accident while intoxicated. In North Carolina, any such showing will reduce the recovery by 10%.
Also, in North Carolina, there was once an exception if the employer could be found to be guilty of intentional misconduct that caused the accident. The misconduct has been interpreted as meaning that the employer must have been substantially certain that the conduct that the employee was ordered to engage in would result in injury or death. In those circumstances, there was once some possibility that the employer in North Carolina could be sued directly. This was known as a Woodson claim, named after the poor gentlemen who was ordered to his death by his employer, straight into a ditch the employer knew was about to collapse.
Unfortunately, in more recent times, it has been widely recognized that the North Carolina Court of Appeals has essentially eliminated any possibility that one of these Woodson claims will ever see the light of day.
Injured workers typically receive two types of benefits:
Patients who are injured at work also usually treat with chiropractors, physical therapists, vocational therapists, and other health care providers.
These medical care providers should submit their bills to the employer’s workers compensation insurance carrier. The insurance carrier has a duty to pay these medical bills if they are reasonable, medically necessary, and related to the injury.
Other types of care that the insurance company should cover include the cost of medications and medical devices.
Workers who have a partial temporary disability and who can return to work receive at a lower-paying job receive 2/3rds of the wages they lose by accepting the lower paying job. This is called temporary partial disability (TPD).
Workers who are no longer receiving TTD and have a permanent disability in a specific body part may be entitled to pay based on the type of disability they have in that body part. This is referred to as permanent partial impairment (PPI). Payments are made according to a percentage disability rating and a scale of weeks set forth via statute, depending on the type of disability (such as hearing loss or the loss of use of a hands, feet, arms or legs) and the degree of impairment.
Injured and ill workers may also be entitled to vocational rehabilitation; however, although this is technically a benefit it is usually not helpful to an injured workers case. It is typically utilized by the workers compensation insurance company to “trip up” the injured worker or apply pressure to settle the claim, or reduce the liability of the workers comp insurance company by finding a job-ANY job—for the injured worker. Voc Rehab is typically employed with workers who aren’t expected to return to the same type of job they did before the injury.
Normally, in Virginia, the employer will have a panel of three doctors for each type of injury or illness – starting with a list of family care doctors. Employees must choose one of the physicians on the list of doctors – for their type of injury or illness. If a referral is needed to a specialist such as an Orthopedic or Neurosurgeon, then additional panels must be provided by the workers compensation insurance company.
In North Carolina, unfortunately, there are no panels, rather, the insurance company usually chooses a treating physician.
If there is a good reason, then employees can seek permission from the Commission to see a doctor of their own choosing. A good reason may be that it is clear the doctor isn’t helping the injured worker get better he or she is still in pain – and still can’t work. Experienced North Carolina and Virginia work injury lawyers often have working relationships with a variety of physicians. The lawyer may be able to seek approval to switch to one of these doctors – or to an independent new doctor.
In Virginia, this process is not easy. It really depends whether the authorized treating doctor has indicated that he or she no longer wants to see the injured worker. If the authorized treating doctor has not released the injured worker from care, for instance by saying “prn” in their office notes which means “patient may return as needed,” then it may be more difficult to seek a switch.
Although there is no means to obtain a “second opinion” of a doctor formally through the Workers Compensation Commission by injured workers in Virginia, workers are free at any time to seek alternative care at their own cost.
In North Carolina, there does exist a process to obtain an Independent Medical Examination—at the expense of the employer.
Lawyer Joe Miller has helped thousands of injured and ill employees get their full workers’ compensation benefits. He represents workers in North Carolina and Virginia. He’ll answer your questions and explain the workers’ compensation process. He’ll work aggressively to help you get all the benefits you deserve. To review your case now, call attorney Joe Miller at 1-(888) 667-8295 or use my contact form to schedule an appointment.
Posted on Thursday, June 27th, 2019 at 10:21 am
Workers who can’t return to their old job may be entitled to vocational rehabilitation benefits. Vocational rehab benefits can include the cost of being retrained or to obtain additional education.
In most North Carolina workers compensation cases, injured and ill workers are compensated in two ways:
Some workers, however, are not able to return to their pre-injury job because of their injuries or work-related illness. Sometimes, the worker’s doctor will authorize work with restrictions, otherwise referred to as “light duty,” – but the employer won’t be able to accommodate the restrictions. Since the goal of workers’ compensation is to help the worker earn an income, North Carolina offers another option called vocational rehabilitation.
For example, often workers who work in construction or industry depend on being physically fit to do hard physical labor. If a worker severely injures his or her back, loses function in a hand, or loses an arm; the worker can no longer do these jobs. With proper education, though, the worker could be re-trained to work in a clerical or administrative job. The worker might be able to learn technical skills that could be useful to many companies in the same job sectors or different job sectors altogether.
Of course, the success of much of this depends on the age and current educational level of the injured worker. A 29-year-old worker is far more likely to be capable of re-training than a 59-year old laborer without a high school education. Usually, the injuries are more severe and pronounced in the older worker, and as they say, it is harder to teach an old dog new tricks.
Worker’s compensation includes services that are designed to help a worker obtain suitable employment. These services typically include:
Generally, the way it works is in accepted claims, when the worker reaches maximum medical improvement and is provided with permanent work restrictions by his or her doctor, if the employer is unable or unwilling to accommodate the injured workers’ restrictions, a vocational rehabilitation assessment will be ordered by the workers comp insurance company.
Although these services one would think are a benefit, usually, the carrier will avoid paying for items that might truly assist in improving the worker’s skills and their ability to get a new job, such as education from a Community College or a degree from one of North Carolina’s many great universities. When Vocational Rehabilitation was classed as medical treatment back in 2011, many thought this would indicate a change in the way Voc Rehab could be used in North Carolina.
Alas, this change has not come to be. This is because the true purpose behind most vocational rehabilitation situations is to stop benefits to the injured worker based on the injured worker’s failure to comply with the plan, or otherwise to apply pressure on the injured worker to settle his or her case as soon as possible. Often, the vocational counselor can be extremely annoying, sending seemingly endless streams of emails and calls and constantly hounding the injured worker to engage in job searches. This is by design.
Normally, an approved vocational rehab specialist must be approved to work on behalf of the injured worker. Vocational rehab specialists are generally paid for their services in the same way doctors paid. The specialist helps identify the workers’ abilities, skills, the type of new skills needed, and course selection. This is typically done in an initial assessment, which is usually attended by the injured workers’ attorney as well. There may be written testing to determine the skill level of the employee with regard to the worker’s math and/or language skills.
Subsequently, the vocational rehab specialist also assists monitors the worker’s success in applying for jobs and attending interviews. In some cases, this may include providing job leads to be followed up on by the injured worker, as well as scheduling actual job interviews.
Technically, vocational rehab specialists do not work for the employer – though the progress the worker is making will be reported to the employer and the injured worker. But they do work for the workers compensation insurance company and this needs to be understood.
If the vocational rehabilitation specialist is not helping the worker obtain suitable skills or suitable employment by, for instance, continually requiring the injured worker apply for jobs that are no longer available or which are clearly beyond the physical capability of the worker–the employee can seek to have a new vocational rehab specialist appointed.
Generally, the rehab specialist will begin by preparing a return-to-work plan. The return to work plan should review all possible job options including:
Workers who refuse to comply with a vocational rehab plan ordered by the North Carolina Industrial Commission may lose their compensation benefits until they do comply with the plan.
Most workers comply with new training requirements. They may object to unreasonable demands by the specialist – such as applying to jobs they have no chance of getting.
Experienced North Carolina workers’ compensation lawyers understand when it is likely that a vocational rehabilitation expert will be hired and how to prepare the injured worker in dealing with the often rigorous demands of vocational rehabilitation.
As with most laws, some exceptions may apply – some severely injured workers may not be required to learn a new trade or skill – because there’s no reason to expect they will be hired. In other words, if it would be futile for the injured worker to be required to engage in vocational rehabilitation, due to their level of impairment, lack of education, and age, then a motion may be made by the attorney to excuse the injured worker from having to participate in vocational rehabilitation.
The employee does not have to reach maximum medical improvement in order to be required to engage in vocational rehabilitation. Generally, employers or employees can ask for vocational rehabilitation if the worker hasn’t returned to work or if he or she is earning less than 75% of his/her average weekly wages and are receiving other approved benefits.
The vocational rehabilitation plan should be in writing and tailored to the individual worker’s needs.
Attorney Joe Miller fights for all injured workers. He has decades of experience working with vocational rehabilitation specialists. He understands when employers and insurance companies are truly interested in helping an employee get a new job and when the employer (or insurance company) is just trying to terminate a worker’s benefits or apply pressure to settle. To learn if you are likely to end up in vocational rehabilitation, call attorney Joe Miller at 1-(888) 667-8295 or use my contact form to make an appointment.
Posted on Tuesday, June 25th, 2019 at 2:05 pm
Attorney Joe Miller explains why you need an attorney if you are injured or hurt at work:
Read the full video transcription here.
Posted on Tuesday, June 25th, 2019 at 10:21 am
Many new regenerative medical treatments are being used to treat pain by using the body’s own repair mechanisms. Regenerative medicine is helping injured workers return to better health – when standard health remedies just don’t see to work. Many athletes in a wide variety of sports are already using regenerative medicine so they can get back to the basketball court, tennis court, or playing field earlier than they usually could.
Regenerative medicine has been used in the past. It’s been used for organ transplants and bone marrow transplants. Newer sciences and technologies are helping regenerative medicine expand the possible solutions to helping individuals, including workers, with serious health problems.
Regenerative medicine is a methodology that helps the human body regenerate, replace, and even engineer human cells, tissues, and organs. The key behind regenerative medicine is that the body uses its own repair methods to heal parts of the body that were previously thought to be incapable of healing. Regenerative medicine now includes helping tissues and organs grow in a laboratory so they can be later implanted inside humans. In this way, regenerative medicine can reduce the dependence on relying on foreign donors and the complications with the body accepting a foreign tissue or organ.
Regenerative incorporates many sciences including computer science, genetics, chemistry, biology, and robotics.
There are different types of regenerative medicine:
The most common types of stem cells are adult stem cells (the worker/patient uses his/her own cells) and embryonic stem cells. Stem cell sources can be used from blood, bone marrow, fat, skeletal muscle, and other sources. Some stem cells are more versatile than other stem cells. New methods and techniques are constantly being developed and refined.
Another type of regenerative medicine is the use of PRP therapy. PRP is usually combined with diet and physical therapy.
The idea behind PRP therapy is that you blood includes plasma (the red liquid part), white and red cells, and platelets. The platelets help blood clot. They also have proteins which are a key ingredient in helping injuries health. The PRP technique aims to enrich the plasma with the beneficial platelets. The enrichment method uses your own blood – which works much better than using somebody else’s blood.
The main steps used to enrich the plasma with the platelets are:
PRP is also sometimes used after a patient has a surgery to improve the ability of the patient to heal.
PRP therapy has been shown to help patients with muscle, tendon, and ligament injuries. It is helping patients with chronic pain. The ability of PRP to help with other injuries such as fractures is still being researched.
Many patients need multiple injections – two to six. Workers who undergo PRP therapy usually experience little pain with the process. The PRP process is minimally invasive. Often, it can be done in an ambulatory surgery center instead of a hospital. Often, if a worker does experience pain, an anti-inflammatory medication can help.
The good news is that when PRP works, the relief is long-term. Patients who have PRP therapy should generally avoid exercise until the healing process is finished (additional time isn’t making the patient feel any better). A key advantage to PRP therapy is that by using your own blood, patients shouldn’t experience allergic reactions. There is a possibility of infection, bleeding, and nerve damage. PRP is not an initial remedy. It is usually recommended only after more standard treatments fail to work.
At the North Carolina and Virginia Law Office of Joe Miller, Esq. we work with your doctors to understand your medical problems, and to understand what treatments you need. Often, employers will try to force you back to work before you’re ready. We work with your physicians to show that you do more time to explore all the options available to improve your health for the long-term. For help with all parts of you workers’ compensation claim, call attorney Joe Miller at 1-(888) 667-8295 or complete my contact form to schedule a free consult.
Posted on Tuesday, June 25th, 2019 at 9:20 am
Experienced work injury lawyers fight for workers with acute and chronic pain. Back injuries are a very common type of workplace injury. Back pain affects most every type of worker including nurses, construction workers, retail clerks, firefighters, police officers, anyone who stands for long hours, and anyone who moves any type of heavy object. Motor vehicle accidents can also cause back pain.
Often, back pain is due to a specific accident such as a fall or lifting too heavy an object. Back pain can also be due to an event that makes an existing back problem worse. A few of the events that can cause back pain include:
It should be pointed out that Workers Compensation generally does not pay for repetitive stress injuries and this rule applies to back injuries as well. Unless the injured worker can point to a specific, identifiable event that caused the back pain, or in Virginia, at least a discreet set of work that caused the pain during a very narrowly defined time frame, the back injury will not be deemed compensable.
Chronic pain is generally pain that lasts for more than a few months.
Back pain can be due to many different types of conditions including:
Back pain is often accompanied by muscle pain, nerve damage, and damaged tendons.
When a back pain injury causes you to stop working, be sure to inform your supervisor and arrange to speak with an experienced workers’ compensation lawyer.
The most important thing is to think very hard about the precise moment that the back pain started. What were you doing? What were you lifting? Was it heavy? Unless you can narrow the cause of the pain down to a specific, identifiable event at a specific time, you will likely not be able to recover.
Also, in Virginia, you need to know that normal movements that anyone would do such as bending down, twisting, or kneeling, will not lead to a good, or compensable claim. This is because they do not involve a risk of employment. In other words, the accident could have happened anywhere. The cause must be something that is a specific risk related to work, such as lifting a very heavy object, or person.
Some back pain improves with non-surgical remedies. Other types of back pain ultimately do require surgery. Workers with pain often work a variety of doctors and healthcare professionals including:
Treatment can take weeks, months, or years. Some workers never recover from their back pain.
A few at-home and short-term remedies, according to Spine-Health, include:
Some workers require back pain surgery to relieve their pain. There are different types of surgeries depending on the location and severity of the pain. According to Spine-Health:
“A decompression surgery removes whatever is pressing on a nerve root from the spinal column, which might include a herniated portion of a disc or a bone spur. There are two primary types of decompression for low back pain.
Other possible surgical options for back pain include:
Compensation for Back Injuries: North Carolina vs. Virginia
Insofar as back injuries, North Carolina and Virginia basically agree on what constitutes an “injury by accident” only in the area of back injuries.
Normally, in North Carolina, an injured worker must first show what the Industrial Commission and Courts in North Carolina define as an “accident” that preceded the injury. An “accident” in North Carolina normally must occur through a “slip, trip or fall” in order for an injured worker to recover for any work injury.
Virginia, on the other hand, is more liberal in this one area and only requires that the injured worker show an identifiable accident that occurred at a reasonably definite time and that a “sudden mechanical change” in the body occurred. There need not be any “slip, trip, or fall.” Virginia focuses more on the notion of whether the injury arose from a “risk of employment.”
Yet with respect to back injuries, North Carolina has carved out an exception. For back injuries in North Carolina, the law is much like Virginia, and the injured worker need only show a “specific traumatic incident” that led to the back injury.
Also, as is well known, when it comes to permanent partial impairment ratings, Virginia provides no ratings for the back, or any spinal injury. Yet for reasons that remain a mystery, in North Carolina, the “back” as it is referred to—which is interpreted as including the entire spine—actually has the highest potential impairment rating of any body part, up to 300 weeks. Why? You will have to ask the legislators that came up with those laws.
Attorney Joe Miller has helped thousands of injured workers in Virginia and North Carolina get the compensation they deserve. Compensation includes obtaining the right amount of wage loss compensation and payment for all necessary medical bills. Compensation also means fighting for workers who have long-term health problems and problems that just don’t seem to have a cure. To review your claim now, call attorney Joe Miller at 1-(888) 667-8295 or use my contact form to schedule an appointment.
Posted on Monday, June 24th, 2019 at 12:32 pm
Alexandria, VA. We are happy to report our recent settlement of this 45-year-old mental health workers’ claim. The incident occurred near the end of our client’s shift. Suddenly, the injured worker was attacked by one of her patients with a knife. She attempted to run, but was caught by the patient, assaulted, and dragged around the workplace by her hair. She suffered multiple abrasions and contusions to the knees and in other areas of her body, but most significantly, suffered increased anxiety and depression as a result of the attack.
Although she recovered from her physical injuries, ultimately, our client was diagnosed by her psychiatrist with Post Traumatic Stress Disorder (PTSD) as a result of the attack at work. Although she attempted to return to work, she was promptly taken back out of work by her psychiatrist, as her flashbacks and the re-living of the initial attack overwhelmed her. The psychiatrist eventually came to the opinion that our client was so debilitated that she was incapable of returning to work in any capacity due to the PTSD.
What made things more difficult was that our client presented as a subset of PTSD patients who experience psychotic symptoms, which patients have an even more difficult prognosis than the standard PTSD patient.
We were able to obtain our client a full and final settlement of her claim of $300,000.00.
Unfortunately, workers compensation does not include money for pain and suffering, so the settlement was based on her future potential indemnity payments and the future cost of ongoing treatment for her PTSD.
Posted on Friday, June 21st, 2019 at 3:37 pm
As citizens of the Hampton Roads area and many throughout the nation are now well- aware, on May 31, 2019, a gunman walked into Building Two of the Virginia Beach Municipal Center and opened fire, killing 12 Virginia Beach City Workers.
Since this horrific tragedy, many, particularly some of the families of the slain, have criticized the City for their alleged failure to be transparent in their investigation of the shooting. Others have been discussing whether Building Two should be demolished, while others argue that the building should be saved, but gutted and renovated. (more…)
Posted on Tuesday, May 14th, 2019 at 11:11 am
Even if an injured worker has returned to work, he or she may qualify for additional weeks of workers’ compensation pay if they lose function of a key body part. The benefits will be adjusted according to the injury impairment rating. The rating is given as a percentage rating by the injured worker’s authorized treating doctor.
There are different classifications of work injury disability in North Carolina. The main four are:
North Carolina generally pays these workers 2/3rds of their average weekly wage during the time they aren’t working. When workers return to their job with restrictions, they are paid a portion of their average weekly wages which is apportioned based on how much money they are earning at the lower- paying job.
There is one more type of condition that can result in additional wage loss payments (generally 2/3rds of the average weekly wage), even if the injured worker has returned to work. This condition is called a permanent partial impairment. Also called PPI or PPD payments.
The North Carolina Industrial Commission defines this category as follows: “Permanent disability is not a purely medical condition. A patient is ‘permanently disabled’ if ‘under a permanent disability’ when his actual or presumed ability to engage in gainful activity is reduced or absent because of ‘impairment’ and no fundamental or marked change in the future can be expected.”
Essentially, a doctor reviews the various parts of the worker’s body to see if there are any parts (such as the motion of an ankle) that the worker can’t use. The doctor then determines what percentage of that bodily function has been damaged and assigns a percentage (called an impairment rating) to the damage part of the body.
For example, if worker’s foot motion is limited due to the workplace injury, the doctor will assign the following percentages:
Limitation of motion of ankle
The impairment rating evaluation by the doctor is not made until the employee has reached what is called – Maximum Medical Improvement (MMI). Workers do have the right to treat with all physicians and therapists to try to get healthy enough to return to work. There comes a time, though, when additional medical treatment won’t improve the worker’s condition. While the worker may still be entitled to medical benefits if the treatments prevent his/her condition from worsening, the worker’s right to additional wage loss benefits is re-evaluated. The re-evaluation requires a physical examination by a physician who typically refers the injured worker for an extensive workup with a physical therapist facility.
As mentioned, the physician reviews which body part or medically related part is not functioning. The physician than assigns a rating. Generally, today, physicians no longer perform the impairment rating. Rather, specialized physical therapists perform detailed testing on the injured body parts during an extensive test called a Functional Capacity Exam, or FCE. These physical therapists do the impairment rating use guidelines established by the American Medical Association. After the testing is performed, the results will be sent to the doctor and the doctor will decide if he or she is willing to sign off on the testing results. Most of the time, they do.
That being said, FCE’s and the AMA guidelines are just that – guidelines. The doctor can assign the impairment rating on his/her own – based on “the examining doctor’s independent opinion based on his own knowledge, experience and clinical examination.”
Usually, the employer’s insurance company will choose the FCE facility that does the initial impairment rating/FCE Testing. The employee, in North Carolina, does have the right to get a second opinion on the rating at an doctor of his or her choosing– paid for by the employer, not the employee.
The amount of pay due a worker with an impairment is based on the following three factors:
In the reduced range of motion of the ankle example:
Note that these payments ARE NOT in addition to the maximum of 500 weeks of benefits and one cannot receive these payments for. Unless the worker has been determined to be totally disabled per the rules or entitled to extended compensation, 500 weeks is the limit.
The permanent partial impairment benefit therefore really only becomes important where the injured worker has returned to work at the same pay as pre-injury. Then, with the help of an experienced North Carolina workers’ compensation lawyer, the worker may be entitled to a lump sum payment instead of having to wait the 24 weeks to get his/her physical impairment benefit.
Section 97-31 covers the loss of hearing or the loss of vision (one eye or both) in addition to the loss of use or the amputation of any limbs, hands, feet, finger or toes. Additional payments can also be made for disfigurement or scarring. The loss of use of important bodily organs is also covered.
Workers need to be careful. They should review their disability payment rights and overall workers’ compensation rights with an experienced lawyer. Once the worker accepts a permanent partial disability, they can continue to receive medical benefits – provided the medical benefits are helping the worker. This could further form the basis of a potential settlement with the insurance company—even if the injured worker has returned to work.
Joe Miller Esq., understands when workers should claim the impairment disability benefits. We work to verify the injury and the impairment rating. We recommend settlement when it is in the worker’s best interest. We’ve been fighting for injured workers for over 31 years. For help with all phases of your workers’ compensation claim, call attorney Joe Miller at 1-(888) 667-8295 or complete my contact form to schedule an appointment.