North Carolina Workers Comp Articles | Joe Miller Law, Ltd.

North Carolina Vocational Rehabilitation Rights

Workers who are injured at work or suffer a work related illness are entitled to more than just a percentage of lost wages. They are entitled to more than payment of surgery, doctor, and prescription pages. They are even entitled to more than occupational therapy. If an employee is hurt and cannot work at his/her …

Types of Disability in North Carolina Workers Compensation Cases

Injured workers are entitled to wage loss benefits based on the type of disability they have. Disability is a legal term of art that an experienced North Carolina workers compensation attorney can explain. Worker’s compensation disability determines how long the injured employee gets benefits and what the amount of those benefits are. The correct classification …

Injuries to Janitors and Custodial Workers Are Rising

According to the Centers for Disease control, there are about 2.3 million custodial workers. That number is expected to rise another 250,000 by 2020. Over 1,400,000 people work as maids and cleaners in health care facilities such as hospitals and hotels. Janitors, custodians, maids and cleaners are all at risk for a serious injury. Workers …

What is a Claimant Deposition in a Worker’s Compensation Case?

Sometimes a claimant will be questioned by the insurance company lawyer in a deposition. A deposition is a less formal proceeding than a full hearing. In depositions, the insurance company is trying to find out what happened. While the defense lawyer is usually fairly friendly, do not be fooled. The insurance company lawyer or employer lawyer is trying to find some fault in the claimant’s case that can help the defense.

What is a Medical Deposition in a Workers Compensation Case?

A deposition is a chance for the attorneys representing either party in a legal case to question a party, witness, or anyone who possesses relevant facts about the legal case about their knowledge of the matter. The deposition is conducted under oath, in the presence of a Court Reporter, who converts all of the testimony into a transcript that she later types up and distributes to the parties, sometimes directly to the Judicial body.

What are the Basic Mechanics of Settling a North Carolina Worker’s Compensation Claim?

Many factors have to be reviewed before a settlement should be considered. A big factor is knowing the full medical prognosis. It is often best to wait to settle until the worker has obtained his/her maximum medical recovery. Here are just some of the questions your North Carolina attorney will review with you:

Unique Situations in North Carolina Injured Worker Settlements

There are many unique situations in the settlement of North Carolina Worker’s Compensation cases. Here a just review. For a full review of your situation, please contact my office.

Partial Disability Settlements. Some employees can return to work but at a lower pay rate before they were injured. Workers in this scenario are allowed the weekly difference of the amount they previously earned minus the amount they now earn – times 2/3. This rate is available for up to 500 weeks under the revisions to the North Carolina worker’s compensation statute.

What Happens after the Mediation Agreement is Signed?

After the mediation agreement is signed, the defense lawyers for the employer and the insurance carrier will prepare a full agreement detailing the worker’s injuries, medical treatments, the settlement terms and the language that says the employee releases the employer from liability once the agreement terms are fulfilled. It takes one or two weeks to prepare the full agreement. The full agreement is then sent by e-mail or regular mail to the employee’s lawyer for review. If your North Carolina worker’s compensation lawyer recommends it, he or she will advise you to sign the agreement and return it to his or her lawyer.

Enforceability of North Carolina Worker’s Compensation Mediation Agreements

Once everyone has agreed to the terms, the employee wants to make sure the employer or the carrier doesn’t back out of the deal. Sometimes, after mediation, the employer will decide they want to change the terms for some reason. With the help of legal counsel, a properly prepared mediation agreement can be enforced. This means the employee can force the employer to comply with the terms of the agreement in front of the Commission and ultimately in a Court of Law.

Do’s and Don’ts for Mediation of North Carolina Worker’s Compensation Cases

Mediation is a mandatory process in North Carolina where unless the Parties object, an opportunity is provided to resolve the client’s claim. The Parties and their attorneys get together in an informal setting. A Mediator is someone who the Parties agree to use to help facilitate a settlement of the claim. The Mediator really does not decide anything. He or she is just there to help the Parties come together and try to resolve the claim.