FAQs – Workers Compensation
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 amount of the lien that…Read More
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.Read More
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’ compensation law to make sure…Read More
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 a lawyer familiar with both…Read More
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 treatment. This will allow everyone…Read More
Q. Who provides and directs medical treatment resulting from a workers’ compensation accident?
A. The employer or its insurance company, subject to any NC Industrial Commission orders, provides, and directs medical treatment. The NC Industrial Commission may permit the employee to change physicians or approve a physician of employee’s selection when good grounds are shown. However, payment by the employer or carrier is not guaranteed unless written permission…Read More
Q. What can I do if my workers’ compensation checks are late?
A. You should call the insurance carrier and ask (1) whether your check was mailed? and (2) if so, when it was mailed?. Weekly workers’ compensation checks are generally late because either the postal service is slow or your check has “fallen off the diary”. Insurance company program computer to print checks according to an…Read More
Q. How long do I have to file a workers’ compensation claim?
A. NC law requires you to file a written notice of accident with the NC Industrial Commission within thirty (30) days of your injury. You should file the claim regardless of the extent of injury since many small hurts can become major injuries over time. Since the Courts are forgiving of late filings up to…Read More
Q. What should I do if my employer refuses to report my work accident?
A. NC law requires you to file a written notice of accident within thirty (30) days of your injury. You should contact the NC Industrial Commission or a local lawyer to get the proper forms to file your claim in a timely manner. Your failure to properly file the claim may result in denial based…Read More
Q. When is my first WC disability check due?
A. WC law requires the insurance company to pay you 66% of your pre injury gross wage for each week you are unable to work. The first check is due on the 14th day after the injury. No compensation is due for the first seven (7) days of lost time unless you are out of…Read More