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THE WORK COMP BLOG

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If You Are Collecting Workers Compensation Benefits and Are Out of Work, You May be Out of Luck

If you were laid off but are collecting workers compensation benefits, expect those payments to come under scrutiny. The state Appeals Court recently issued a decision (Medlin v. Weaver Cooke Construction) that could possibly result in the loss of those benefits.

Claude Medlin worked as a project manager and estimator for Weaver Cooke Construction. He was hired in 2006. He injured his right shoulder while moving furniture at a worksite in May 2008. He continued to work until being laid off in November 2008.

The following month Weaver accepted plaintiff’s injury as compensable and he began receiving medical treatment. In January 2009, Medlin started collecting unemployment benefits and in February 2009 he started collecting both workers compensation and temporary total disability benefits.

Medlin had surgery and physical therapy and was released to return to work. He subsequently felt more pain and a second physician assigned permanent work restrictions. He sought work but was not successful.

The need to prove work related disability is cause of unemployment.

Weaver sought to have Medlin’s workers compensation benefits ended in December 2010. It claimed Medlin couldn’t establish a work related disability and the poor economy was the reason he wasn’t working, not his injury. The full Commission agreed and Medlin appealed.

The Court of Appeals agreed with that decision, stating that an injured worker must prove that his injury caused his inability to find work. The judges ruled Medlin failed to do that because of evidence he was physically able to work, but couldn’t, because of the slow economy. Though he showed evidence of a diligent job search, it wasn’t relevant. In prior decisions, the Court has tended to consider extent of “diligent” job searches, economic conditions, and the actual job availability. If this decisions stands, these factors will have much less or no importance is reviews of ongoing disability.

A large part of my practice involves helping injured workers obtain and maintain workers compensation benefits. I believe that the Medlin case may encourage more insurance companies to move to cut off disability payments using the slow economy argument. If you find yourself in the same situation, or a similar situation as Mr. Medlin, where you’re collecting workers compensation benefits while you’re unemployed and your former employer wants to end those benefits, contact my office to discuss what’s going on and your legal options.

P: 828-252-2852

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FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

Q. Can I draw Workers’ Compensation weekly checks and Social Security checks at the same time?

A. Yes, but your Social Security check will be reduced or offset by the amount of your Workers’ Compensation check. Social Security law mandates an offset of disability checks when your combined income totals 80% of more of your pre injury earnings. Federal law requires that you report all income or benefits that you receive while receiving Social Security checks. The offset or reduction in Social Security benefits can be lessened or minimized by careful planning and legal wording in your Workers’ Compensation settlement. You should consult a qualified lawyer to help you maximize your payments from each source.

Q. What if my workers’ compensation doctor assigns a permanent partial impairment (P.I.) rating for my injury?

A. When a doctor releases you from care, a permanent disability rating may be assigned to your injured body part. A rating means that you will never again be 100% healthy in that body part. Whether you can return to work depends on the severity of your injury and how that injury affects your ability to handle the physical demands of your work. If you are able to return to making the same wages as before your work injury, this rating may be your only compensation. However, if you are not able to earn the same pre-injury wages, your rating will not represent your only compensation. Your impairment rating is only one factor the Industrial Commission and NC Law will consider in determining what damages the work injury caused you. NC Law permits you to select the most favorable method or compensating you for the injuries and loss of earning...

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 is due, the NC Industrial Commission will issue an ORDER concerning disbursement of future workers’ compensation payments. You should consult a specialist in workers’ compensation law to avoid potential liens and pay back requirements.

Q. How much $ will I get from WC due to an on-the-job injury?

A. NC law permits an injured worker to receive 66%of his or her pre injury gross wages for each week they are unable to work. This salary continuation or temporary total disability (TTD) payment continues until the worker returns to work at the same job or a “suitable” position making similar wages. If the worker cannot return to a job making similar wages, they are entitled to additional benefits depending on the extent of loss of earning capacity. Each year, the maximum TTD is increased. In 2005, the maximum TTD was $704.

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 on legal procedure. The NC Industrial Commission is the government agency that compiles info on work accidents and serves as the court to decide disputed claims in workers’ compensation matters.

Q. What if I have problems after I settle my workers’ compensation claim?

A. Most insurance companies will try to “clinch” or close out the claim when they offer a settlement. This means you can never reopen your claim and cannot get any more medical treatment paid by the carrier. Other settlements can be reached that allow you to reopen the claim for at least a two (2) year period after settlement if your condition changes. Whether you should “clinch” or leave the case open for the two (2) year period is an important decision that should not be made without a complete evaluation of how any future medical expenses will be handled. Medicare and Medicaid have the right to question future medical expenses that result from you work injury.

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found.
Click on the links below to view the video and its transcript.

Workers’ Compensation Overview on Vimeo

Workers Compensation Overview

Workers’ Compensation Injuries and the Complex nature of the law on Vimeo

Workers’ Compensation Injuries and the Complex Nature of the Law

Waiting Periods for Workers’ Compensation Benefit Payments

Waiting Periods for Workers’ Compensation Benefits

NC Workers’ Compensation Elements of Settlement

NC Workers’ Compensation Elements of Settlement

Settlements of Workers’ Compensation Claims on Vimeo

Settlement of Workers’ Compensation Claims in North Carolina

Pre Existing Conditions and Work Comp in North Carolina

Pre-existing Conditions and Workers’ Compensation Claims

NC Workers’ Comp Covers Many Different Kinds of Injuries

NC Workers’ Comp Covers Many Different Kinds of Injuries

Reopening Workers’ Compensation Cases

Reopening Workers’ Compensation Cases

Can’t Return To Work After an Injury

Workers’ Compensation Benefits When You Cannot Return to Work

Specific Traumatic Injuries

Specific Traumatic Injuries Under Workers’ Compensation

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