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

Attorney’s Fees in North Carolina and Virginia Workers’ Compensation Cases

The legal fees in North Carolina work injury cases are regulated by state law. All legal fees must be approved by the North Carolina Industrial Commission or Virginia Workers Compensation Commission. Most attorneys such as Joe Miller Esq. handle workers’ compensation cases on a contingency fee basis. This means that the injured client may only …

Choosing a Doctor in North Carolina Work Injury Cases

North Carolina has specific rules for doctor selection if you suffer a workplace injury or illness. Employees are usually directed to a doctor by the employer, unless they underwent emergency surgery in the hospital. In such cases, the surgeon will usually continue on as the treating physician. Employees may be able to switch to a …

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 …

What Does Permanency Rating Mean?

Our latest video update helps explain what a permanency rating means in Virginia and North Carolina Workers’ Compensation cases: Here’s the full transcript of the video: Hi. Once again, this is Joe Miller, trial attorney, worker’s compensation attorney in Virginia and North Carolina. I want to talk to you a little bit today about the …

What Do I Do If My Workers’ Compensation Check is Late?

Please watch this video to learn more about what you can do if your Workers’ Compensation check is late in Virginia or North Carolina. Read the full video transcription here.

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:

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.

Who Is the Authorized Treating Physician in a Virginia Workers’ Comp Case?

The Authorized Treating Physician. The authorized treating physician in a Virginia workers’ compensation claim merely refers to the doctor who the workers’ compensation carrier has agreed to allow to coordinate and direct your treatment. It is also the physician through whom they agree to pay for all recommended medical treatment. This medical provider is usually chosen and one of two ways:

Which AMA Guidelines are Used in Determining Permanent Impairment Ratings?

Some states use the AMA guidelines directly. Others, like North Carolina, have their own guidelines. In Virginia, the AMA guidelines can be used – except for spinal injuries. The key date is the date of the claimant’s injury. The doctor who is making the determination has to use the edition that existed as of the date of the injury.