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THE WORK COMP BLOG

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P: 828-252-2852

Waiting Periods for Workers’ Compensation Benefits

David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security disability benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

TRANSCRIPT OF VIDEO

North Carolina workers’ comp law permits you to start drawing your workers’ comp benefits once you’ve missed a week of work. The first week you are not paid for unless you’ve been out of work a full month and then they go back and pay for that first week. But generally, there is a 5 workday waiting period before you can get your workers’ comp. North Carolina law requires that you are paid two-thirds of what your gross wage was for each week that you totally out of work. There are some rules if you go back to work and make less money than we made before. There is a two-thirds between what you were making and what you can make with your disability or your restrictions. It is a complicated area of law that I would recommend that you talk to a lawyer that specializes in workers’ comp to get the right answers forward.

P: 828-252-2852

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FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

Q. Can I draw Workers’ Compensation benefits if my work injury only aggravated a pre existing condition I had?

A. Yes. North Carolina Workers’ Compensation law does NOT mandate that your disabling condition be caused by your accident. You may be eligible for Workers’ Compensation benefits if your work injury aggravates, accelerates, or significantly contributes a pre existing condition that makes you unable to return to your job. The law that applies to pre existing condition changes regularly. You should consult a qualified lawyer to discuss the current law on this complicated subject.

Q. How long do I have to file a workers’ compensation claim?

A. As soon as possible, you should file a Form 18 (Notice of Accident or Injury) with the Industrial Commission and employer informing them that you wish to make a claim. While N.C. law requires this Form 18 to be filed within thirty (30) days, an absolute time limit of two (2) years may be applicable to your claim depending on the facts. After your claim is settled, time limits also exist for reopening the case.

Q. What if my work injury causes or exacerbates my depression or other mental illness?

A. Work injury related depression and other mental impairments may be compensable under NC Law. Our appellate courts are regularly expanding the consideration of mental and physical ailments that result from your employment and/or inability to work after a physical injury. If you believe your work injury caused or deepened any mental difficulty you might have possessed before or after the actual injury, you should fully discuss your thoughts with your mental counsellor. The Industrial commission is increasingly aware of and open to the concept that mental ailments can be as significant as physical ones.

Q. Are back injuries that are not “accidents” covered by Workers’ Compensation?

A. Yes. Generally, a work injury must be an “accident” to be compensable. Back injuries do not have to meet this requirement. NC law accepts back injuries that do not result from “accidents” if the worker can trace the injury to a “specific traumatic incident.” The more precise the time of the incident, the more likely the back injury claim will be compensable. ANY back injury should be prompted reported and checked out by a qualified physician. The details of the incident should be given very carefully and completely to both employer and medical providers. Many back injuries do not become symptomatic until several days later.

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.

Q. Can I be disabled under WC guidelines if the only problems I have are psychological in nature?

A. Yes. WC law recognizes mental or physical ailments that prevent you from working at your pre injury job or other “suitable” employment making similar earnings. Disability that results from pure mental difficulties are compensable but generally have to be supported by treating mental health care professionals.

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Contemporaneous Workers’ Compensation and Social Security Disability Claims

Contemporaneous Workers’ Compensation and Social Security Disability Benefit

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases

~ What Our Clients Say ~

Google Review 2020

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Yelp Review 2019

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November 2019 AVVO Review

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November 2019 AVVO Review

November 27, 2019

David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019

October 2019 Martindale Hubble Review

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2019 Google Review

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2019 AVVO Review “Get ‘er done Gantt!”

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I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…

2019 Facebook review

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2019 Google Review

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2019 Google Review

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2019 Google Review

May 9, 2019

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2019 Google Review

May 9, 2019

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2019 Google Review

May 9, 2019

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Avvo Review 2019

May 7, 2019

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Google Review 2019

April 10, 2019

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2019 Google Review

April 9, 2019

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Avvo Review 2019

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2019 Google Review

March 9, 2019

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2019 Google Review

February 10, 2019

When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David Gantt…

2019 Google Review

February 10, 2019

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~ What Our Clients Say ~