{"id":4607,"date":"2018-11-30T11:21:18","date_gmt":"2018-11-30T15:21:18","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4607"},"modified":"2018-11-30T11:21:18","modified_gmt":"2018-11-30T15:21:18","slug":"common-workers-compensation-definitions-and-acronyms-a-f","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/common-workers-compensation-definitions-and-acronyms-a-f\/","title":{"rendered":"Common Workers Compensation Definitions and Acronyms (A-F)"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">North Carolina and Virginia use a lot of confusing terms in <\/span><a href=\"https:\/\/youtu.be\/b0lLhc5Fyhw\"><span style=\"font-weight: 400;\">worker\u2019s compensation<\/span><\/a><span style=\"font-weight: 400;\"> cases. An experienced work injury term understands these definitions. He knows how they affect your claims for lost income, payment of medical bills, and other aspects of your case. A few of the more common worker\u2019s compensation terms are these:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>Accident.<\/b><span style=\"font-weight: 400;\"> In both North Carolina and Virginia, work injury claims are brought based on two criteria. The first is that an employee suffers an accident at work. The second is that the worker suffers an injury. \u00a0To prove an accident, there is no requirement to show the employer was negligent or failed to exercise proper care. There\u2019s no need to assert or prove negligence or fault on the part of the employer. In North Carolina, except for back injuries, an \u201caccident\u201d is harder to prove than in Virginia. In North Carolina, there must generally be some kind of \u201cslip, trip or fall,\u201d that led to the injury. In Virginia, this is not necessary. For instance, in Virginia, if your job required that you pick up a 100 lbs item, and during that process, you felt a sudden \u201cpop\u201d in your shoulder which caused injury, then this would qualify as an \u201caccident.\u201d In North Carolina, that would not qualify as an \u201caccident,\u201d because there was no \u201cslip, trip or fall.\u201d <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>AWW. <\/b><a href=\"https:\/\/joemillerinjurylaw.com\/how-is-average-weekly-wage-determined-in-north-carolina-and-virginia\/\"><b>Average Weekly Wage.<\/b><\/a><span style=\"font-weight: 400;\"> This is the calculation of the amount the worker earned on weekly basis prior to the accident. This is the gross amount, prior to deductions for taxes or other items. For workers who worked for more than a year, it is generally the average of the worker\u2019s earnings in the 52 weeks prior to the accident. Workers are generally entitled to 2\/3rds of their AWW for the time they can\u2019t work \u2013 up to preset maximums. If that calculation is not fair for whatever reason\u2014for instance, if the employee received a significant promotion and wage increase during the prior 52 weeks, then adjustments can be made. <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Compromise and release.<\/b><span style=\"font-weight: 400;\"> This is basically an overall settlement agreement so that workers can be paid in a lump sum instead of being paid on a weekly or monthly basis. It is usually used \u00a0when the worker has reached his\/her maximum medical improvement \u2013 the time when additional further treatment will not improve his\/her condition. Experienced work injury lawyers work to get the right lump settlement based on many factors. Some of these factors including reasonable understandings of the patient\u2019s future medical needs and expenses, his\/her life expectancy, and other factors. In North Carolina this is often referred to as a \u201cclincher.\u201d In Virginia, it is simply referred to as a \u201cfull and final settlement.\u201d <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Dependent.<\/b><span style=\"font-weight: 400;\"> This term is used when a worker tragically dies due to a workplace accident or occupational illness. Generally, a surviving spouse and dependent children are presumed to be entitled to some worker\u2019s compensation benefits on behalf of the deceased workers. Dependents include children under 18 and handicapped children 18 and over. Dependents can also include grandchildren and siblings. Even dependent parents and grandparents may be eligible if it can be shown they were financially dependent on the worker who died. <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>FROI.<\/b> <b>First report of injury.<\/b><span style=\"font-weight: 400;\"> This is essentially the notice\/report that the worker gives the employer when he\/she is injured. In addition to placing the employer on notice. Generally, the notice must be given to the employer within 30 days and should be preferably in writing. We have seen cases get denied when suddenly the folks you reported the accident to verbally are no longer around, or worse, deny that you reported the accident to them. \u00a0This is also the terminology used to refer to the requirement that the employer report your injury to the Virginia Workers Compensation Commission or the North Carolina Industrial Commission, as the case may be. Note that the employer will often be heard to tell the employer \u201cDon\u2019t worry, we have filed your claim for you.\u201d What the employer is usually referring to when they way that is the FROI. It has zero legal effect on your claim and you need to know that your employer cannot file your workers compensation claim for you. The report of injury is not a filing of your claim and does not provide you with any rights at all. The filing of your claim must be done by you or your attorney. In Virginia, that begins with a <\/span><a href=\"http:\/\/vwc.state.va.us\/sites\/default\/files\/forms\/Claim-for-Benefits-Form.pdf\"><b>Claim for Benefits<\/b><\/a><span style=\"font-weight: 400;\"> and in North Carolina, it begins with a <\/span><a href=\"http:\/\/www.ic.nc.gov\/forms\/form18a.pdf\"><b>Form 18<\/b><span style=\"font-weight: 400;\">.<\/span><\/a><span style=\"font-weight: 400;\"> The filing of these forms makes clear to the insurance company and the Worker\u2019s Compensation Commissions that you are demanding your wages, medical bills, and any other benefits. <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>FCE.<\/b> <a href=\"https:\/\/joemillerinjurylaw.com\/functional-capacity-exams-fces-in-north-carolina-and-virginia-workers-compensation\/\"><b>Functional capacity evaluation<\/b><\/a><b>.<\/b><span style=\"font-weight: 400;\"> This is an evaluation usually performed by a physical therapist or occupational therapist. It typically lasts for four or more hours and it is conducted to determine which of your job tasks you can and can\u2019t do. The FCE professional will examine physical abilities such as how much you can lift or carry, how long you can stand without having to sit, your ability to reach, whether you can hold items with your hands, how well you can speak, and other functional abilities. After the examination, you will be rated on a continuum of physical ability, which goes from the lowest, meaning sedentary, to the highest, which his very heavy. These examinations are also often used to provide a <\/span><a href=\"https:\/\/youtu.be\/buKVZQ1Aajg\"><span style=\"font-weight: 400;\">permanency rating <\/span><\/a><span style=\"font-weight: 400;\">with regard to your injured body part (s). After the evaluation, a report will be drawn up and you will typically have a scheduled visit to review the results with your authorized treating physician, who will usually then sign off on the FCE, or make modifications. <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Future medical bills.<\/b><span style=\"font-weight: 400;\"> It\u2019s easy to calculate past due medical bills. Employees should understand that in worker\u2019s compensation cases, the employer or the employer\u2019s insurance company is required to pay all your future medical bills in relation to your work injury as well. Generally, workers seek medical help until they reach their state of maximum medical improvement. After that stage, many patients still need to continue seeing therapists and other health providers so their condition doesn\u2019t worsen, or to decrease ongoing pain. Future medical bills also include the cost of medications, prosthetics, and medical equipment that you\u2019ll need for the rest of your life. The insurance carrier should pay your medical bills as they become due. Additionally, your lawyer will work with your doctors to calculate the likely future medical bills if you want to enter into a lump sum settlement.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">At the North Carolina and Virginia Law office of<\/span><a href=\"https:\/\/joemillerinjurylaw.com\"><span style=\"font-weight: 400;\"> Joe Miller Esq<\/span><\/a><span style=\"font-weight: 400;\">., we answer your questions and guide you through each phase of your work injury case. We\u2019ve been fighting for injured workers more than 30 years. To speak with a strong advocate, call <\/span><b>1-(888) 694-1671<\/b><span style=\"font-weight: 400;\"> or complete my <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\"><span style=\"font-weight: 400;\">contact form<\/span><\/a><span style=\"font-weight: 400;\"> to schedule an appointment.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>North Carolina and Virginia use a lot of confusing terms in worker\u2019s compensation cases. An experienced work injury term understands these definitions. He knows how they affect your claims for lost income, payment of medical bills, and other aspects of your case. A few of the more common worker\u2019s compensation terms are these: Accident. In &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Common Workers Compensation Definitions and Acronyms (A-F)\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/common-workers-compensation-definitions-and-acronyms-a-f\/#more-4607\" aria-label=\"Read more about Common Workers Compensation Definitions and Acronyms (A-F)\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[13,96,95,10,97,31],"tags":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"North Carolina and Virginia use a lot of confusing terms in worker\u2019s compensation cases. An experienced work injury term understands these definitions. He knows how they affect your claims for lost income, payment of medical bills, and other aspects of your case. A few of the more common worker\u2019s compensation terms are these: Accident. In&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4607"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=4607"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4607\/revisions"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=4607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=4607"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/tags?post=4607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}