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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.

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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.

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Request for an Award by the North Carolina Industrial Commission

In uncontested cases, the beneficiaries and the employer/carrier can request that the North Carolina Industrial Commission enter an award without the need for presenting testimony. The parties are then to file the paperwork by joint stipulation. The paperwork can be filed electronically.

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Difference between Related and Unrelated Causes under the NC Workers Compensation Death Benefit Laws

If the cause of the worker’s death is unrelated to the worker’s injury or occupational illness, then the payout is usually small. On the other hand, if the cause of death is related to the employee’s injury or occupational illness, then the payout is 400 to 500 weeks of 2/3rds of the average weekly wage plus burial benefits. For this reason, if there is reasonable argument that the death is related to the injury or job illness, then it makes sense to try to prove that causation did exist.

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New Pressure to Resolve Cases and Obtain Vocational Rehabilitation

There is a plus side to the new North Carolina Worker’s Compensation law as it relates to vocational rehabilitation professionals. N.C.G.S. 97-32.2. can now be used to pressure the insurance carrier to resolve your claim and to get you retrained for new work. Prior to the new law, vocational rehabilitation was rarely a viable option …

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Pressure from Vocational Rehabilitation Professionals in North Carolina

In 2011, North Carolina passed a revised Workers’ Compensation Law. One of the changes makes it easier for vocational rehabilitation professionals to help the insurance carrier cut off worker benefits. There are two key time frames from the point of view of the law. The first is before the worker reaches maximum medical improvement. (MMI) …

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Can Your Lawyer Approve a Workers’ Comp Settlement Without Your Permission in North Carolina?

No attorney can or should approve settlement of any legal matter including a North Carolina worker’s compensation case without your permission. Your lawyer works for you and you have the right to be informed and the right to make the decision as to settlement. As a practical matter, workers’ compensation settlements are approved through a strictly enforced process which requires that the client sign off on the settlement before it will be approved. The most a North Carolina Workers’ Compensation lawyer can do is recommend a settlement and explain the pros and cons of settling versus continuing with the litigation.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.