Menu

52 Questions Series

Q. If I make a settlement in a personal injury arising out of a work injury, do I have to pay the workers’ compensation insurance back for money they have already paid me?

A. Sometimes. NC law is very complicated on these obligations. A Superior Court Judge can be asked to set what, if any, lien is due the workers’ compensation insurance carrier when a settlement is proposed on a civil lawsuit over the same accident. Once the Superior Court Judge sets the...

Full Article

Q. Can I draw private disability checks while also receiving Social Security checks for disability?

A. Yes. The terms of your private disability checks are contractual and control whether these payments are pro-rated or changed by the receipt of Social Security checks. Federal law requires full payment of Social Security disability checks regardless of the receipt of private disability checks for the same disability. However,...

Full Article

Q. Can I draw private disability checks while also receiving workers’ compensation checks for disability?

A. Yes. The terms of your private disability checks are contractual and control whether these payments are pro-rated or changed by the receipt of workers’ compensation checks. NC law requires full payment of workers’ compensation checks regardless of private disability and/or Social Security checks for the same disability.

Full Article

Q. I was involved in a car accident while working. Can I make a claim against the car insurance in addition to the workers’ compensation insurance company?

A. Yes. You will likely have a workers’ compensation claim regardless of how the car accident occurred. If the wreck was caused by someone else’s negligence, you will also have a personal injury claim against the responsible party. You should consult a lawyer familiar with both personal injury and workers’...

Full Article

Q. My spouse was killed while working on the job. Can I make a claim in addition to workers’ compensation?

A. Possibly. You would likely have a workers’ compensation claim regardless of how your spouse’s fatal injury happened. If the cause of death was due to the negligence of a third person, you will probably have a wrongful death claim in addition to the workers’ compensation action. You should consult...

Full Article

Q. Do I have to allow my Rehabilitation Provider in the examining room while I am being examined by my doctor for a workers’ compensation claim?

A. No. Workers have an absolute right to a private examination by their doctors. The NC Industrial Commission does encourage the worker to allow the provider to meet with both the worker and the doctor immediately following the examination when the doctor discusses his/her findings and makes his/her recommendations for...

Full Article