In cases where a worker has been tragically killed on the job, the injured worker’s dependent(s) must complete the upper portion of the eligibility form to include the name of the deceased, accident date, Jurisdiction Claim Number and Social Security Number of the deceased. The dependent(s) must have a representative from the Social Security Administration …
Disabled widows and widowers
Normally, the widow just gets 400 weeks (now 500 weeks) in wage benefits from the date of death of the worker. But if the widow or widower is disabled, then the widow or widower gets benefits for the rest of his or her lifetime unless they remarry.
In addition to using a nurse case manager and a vocational rehabilitation counselor to try to terminate your workers’ compensation benefits, there are other indirect tricks the insurance carrier for the employer will try.
Filing the claim doesn’t immediately get the worker any money. Its primary goals are to properly preserve the worker’s claim and to formally notify the employer that the worker is making a claim.
The Virginia Workers’ Compensation Commission will give the employer a formal order requiring the employer to respond to your claim within 20 days. The employer will then either agree or deny the claim.
The Claim for Benefits form seems like it should be pretty simple. It’s just a one page and there are only about 20 bits of information that are requested. As with most things, the devil is in the details. If you don’t put down the correct and full information on the claim benefit form when you file it, your claim can be severely damaged. Faulty or incomplete information can make it much easier for an employer to contest parts of your claim as time goes by.
Here are some of the key points to consider.
Have you filed a claim for workers’ compensation benefits? If so, your employer has 20 days to respond to your claim, which can include denying your claim, even if you already started getting benefits. Another option is to accept your claim and send you an award agreement. This video explains why an award agreement is …
Let’s assume your lawyer, you and your doctors have all done their homework. You know how much money you would be entitled to if you didn’t settle, when you’d get the money and for what length of time you’d get the money. The question then becomes – what’s a fair settlement offer?
A Clincher Agreement is “an agreement between the injured worker and the employer/insurance carrier to fully and finally settle the entirety of his or her claim, meaning that the injured worker gives up any and all rights to additional compensation, both medical and monetary, in exchange for a lump sum of money.”
You have to know your status first. Whether you will be offered a Workers’ Compensation settlement in North Carolina depends on many factors.
Medical Treatment Status. First, after the claim is filed and the insurer agrees that you are initially covered, you will focus on getting better. Before even considering a workers’ compensation settlement in North Carolina, it is imperative that you know the full extent of your medical condition and that you have reached the point in your treatment where you are as good and healthy as medical science will allow. First and foremost, you should NOT consider a settlement before you know the full extent of your medical condition and while there’s a chance for improvement. If you are treating with just the company doctor, you should talk to a workers’ compensation lawyer who will explain how and if you can see a doctor of your own choosing to get a second opinion.
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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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.
