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.
Workers’ compensation
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.
How Beneficiaries for Death Benefits for a Job Injury in NC are Determined
When it can be shown that the decedent’s death was related to the worker’s job injury or occupational illness, the beneficiaries are entitled to death benefits according to the following priorities, according to NCGS 97-39:
1. Persons who are wholly dependent on the deceased employee’s earnings for support at the time of the accident get the full compensation benefits in equal shares and nobody else has a claim.
Back to Work – Settlement Keys for Return to Work Cases – Physical Restrictions
Workers really need to make sure they properly assess any back-to-work restrictions the doctors impose for settlements – in cases where the worker can return to work with some physical restrictions. In this scenario, the lawyer and worker have calculated the reasonable future comp payments, and future medical costs and any other costs.
Changes to the Open Award in Virginia Workers’ Compensation Cases
In Virginia, the entry of the Open Award isn’t 100% foolproof. The employer has an additional 30 days AFTER the entry of the Award to withdraw the Award Agreement. This is also referred to as the Award becoming FINAL. Until those 30 days pass, the Award is not yet final. This means if it is withdrawn during that first 30 days after it is entered, the Award will be vacated and it will be as if the Award was never entered.
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:
You Can Still Get Virginia Workers’ Compensation Benefits If You Have a Pre-Existing Injury
Virginia is actually fairly liberal on this issue. If you can show any aggravation of a pre-existing injury, then you are entitled to your FULL workers’ compensation benefits.
The basic keys to your claim:
What to Do if the Employer or Insurance Adjuster Doesn’t File the Signed Award Agreement
Workers should know that the signing of the Award Agreement doesn’t fully protect the worker. Delay on the side of the employer often means the employer is trying to get a doctor to say the worker can return to work with some restrictions. Here are the steps a skilled Virginia Workers’ Compensation attorney will address when the Award Agreement isn’t quickly filed.
What Happens after the Claim for Benefit Form is Filed in a Virginia Workers’ Comp Claim?
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 Crucial Parts of Your Virginia Workers’ Compensation Claim for Benefits Form
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.
