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

Workers’ Compensation Issues for Janitors and other Maintenance Workers

Janitors and custodians perform a variety of tasks in retail, office, medical, public service and other settings that can cause an injury or an occupation illness. These are just some of the many types of accidents or illnesses my law firm handles for injured janitors and custodians: Slip and Fall Accidents. Almost anything a janitor …

General Tips if You Are Deposed in a North Carolina Worker’s Compensation Case

In addition to knowing the questions that are likely to be asked, it is important to know how to answer questions at a North Carolina worker’s compensation deposition of you, the Plaintiff. Here are a few things to consider when being questioned at a deposition.

North Carolina Settlements of Total and Permanent Disability Cases

These are cases where a worker cannot return to work in any capacity because of the work-related disability. There are many questions workers who have a total and permanent disability should ask their North Carolina injured worker lawyer. Here are some of them.

Partial Impairment and Temporary Total Disability Settlements Combined – in North Carolina

The majority of workers compensation settlements fit into this category. These involve injuries which may be quite severe and further involve some type of permanent restrictions on the worker’s ability to return to suitable employment. Because of the worker’s young age, work skills, education, and ability to retrain, the worker will be told to return to work with restrictions rather than being told to retire.

Permanent Partial Impairment Settlements in North Carolina

Workers who return to work at the same job or another job often make the mistake of thinking they cannot get other benefits. This is not true for some North Carolina workers. If a worker has a permanent partial disability or a disfigurement of a covered body part, they may be entitled to additional compensation on top of the lost wage money they got while they could not work.

There are many issues a skilled North Carolina workers’ compensation lawyer will review before agreeing to a settlement or termination of benefits. Injured workers who return to work but with some complication should ask their lawyer these following questions:

Factors in North Carolina Worker’s Compensation Settlements

The trend in many workers compensation cases is towards trying to reach an overall settlement. Injured workers like settlements because they get the money faster and they control the money. Employers and insurance like settlements because it saves on administrative costs, they often do not have to pay if the employee’s condition worsens and for other reasons.

There are many pros and cons to settling a case instead of getting regular payments through the North Carolina Industrial Commission. Many of the factors are discussed in other blogs. Here are some of the broad factors workers should review with an experienced worker’s compensation lawyer.

Medicare Approval of Medicare Set Asides and Worker’s Compensation Settlement Agreements

If you are a current Medicare recipient at the time of settlement, then Medicare will also have to sign off on the MSA in the Worker’s Compensation Agreement in North Carolina. Unfortunately, getting approval from Medicare can be an exasperating process. While it’s not as bad as it used to be, it can take Medicare up six months to approve the MSA. This makes the decision to submit the agreement to the North Carolina Industrial Commission a little problematic.

Medicare Set-Asides (MSA’s) in North Carolina Settlement Agreements

Employees who have an MSA (Medicare Set Aside) account as part of their settlement should get a separate check from the employer or insurance carrier to cover the cost of future medical expenses. Self-administered accounts should be deposited into a separate account that is used just to pay for the employee’s medical expenses – and no other expenses. Some MSAs are not self-administered. Here, the employee will normally get a yearly check for the anticipated medical bills.

FAQs on Medicare Set Asides in Worker’s Compensation Agreements

North Carolina and also Federal Law requires that some North Carolina worker’s compensation settlement agreements contain an MSA (Medicare Set-Aside) account.

What is an MSA Account?

Many employees who settle their claims will continue to need medical assistance. The cost to pay for this assistance has to be considered. The costs related to the work injury will be paid by the employer or the insurance carrier. When the employee reaches that age of 65, or if the employee has been on Social Security Disability for 24 months, Medicare will pick up the medical payments for the non-work related items.

North Carolina Worker’s Compensation Mediation Agreements and Unpaid Medical Bills

The mediation agreement, in North Carolina Worker’s Compensation cases, is required to address the issue of unpaid medical bills. The employee, with the help of legal counsel, will make sure the agreement states that the employer and the carrier will immediately pay any and all outstanding medical bills related to your work injuries.