North Carolina Worker's Compensation - Help For Injured North Carolina Workers

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  1. #1
    Join Date
    Jul 2010
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    6

    Default Workers Compensation Not Paid

    I was injured in Dec 2009. Back injury. Rated and released March 2010 with 10% PPD. I was given my disability pay in lump sum. I was re injured the following month. It's considered same claim. I am on 4 hour work days pending surgery in August. My company says I can't get salary compensation because my lump sum represents 30 weeks if indemnity and until that time has passed it would be considered paying out 2 indemnitys at the same time. They refuse to provide that information in writing so I can file on my STD. They say I will get compensation after the 30 week period has passed. But I will not be compensated for paying myself from my disability pay. This means I am not getting my full disability compensation. Does anyone know NC law on this subject?

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: Workers Compensation Not Paid

    They are partially correct. See NCGS 97-34. If your current disability extends beyond the period of your rating money, then they have to keep paying under the new incident. But you need to file the Form 18 for the new incident.

    You either had a "change of condition" under NCGS 97-47 and your new disability is a different type from the one they were paying previously, or, you actually have a new injury by accident or specific traumatic incident, and it should be filed as a new claim.

    I could not tell which you really have from the facts you posted.

    Either way, you should file a new Form 18 with the NCIC.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Jul 2010
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    6

    Default Re: Workers Compensation Not Paid

    I had an exaserbation of the original injury according to the WC adjuster. Are they not responsible for reimbursement of my disability money?

    I had an incident where a patient injured me but they refused to call it a new claim.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: Workers Compensation Not Paid

    If a patient injured you in the second incident you should file a new Form 18 with the Industrial Commission to protect yourself.

    That may also be a 'change of condition' in the first case, and a Form 18 asserting that can be filed in the first case too.

    Whether you had a new claim or not can be sorted out later.

    I think statute NCGS 97-34 currently controls your situation. You can read that on the NCIC web site and at other web locations. I do not have the immediate ability to post it here.

    BB
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Workers Compensation Not Paid

    I'm having back surgery Thursday. I will be out of work for 3 months before I can do sedentary work. They are counting my FML against me. I will run out while off the 3 months. I feel certain they will fire me while out. Will I be able to draw unemployment when eligible to work sedentary and will my employer have to pay the difference in my decreased wages if I can find sedentary work until I reach full salary capability. For example; If I work for an insurance company and only get commission?

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: Workers Compensation Not Paid

    Yes, when you are released to light duty you could sign up for unemployment if you have been fired. They can run the FMLA concurrently with your work comp disability.

    Just because the adjuster says it is an exacerbation, that does not make it so.

    Go ahead and apply for the STD benefits. Tell them that comp payments are currently denied.

    Once 30 weeks from the date on which you were rated expires (NOT the payment date of the rating money), then they will need to start paying you weekly TTD checks again if you are totally disabled at that point. Or pay you temp partial checks if you have returned to work with restrictions and are making less money than you made pre-injury.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  7. #7
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Workers Compensation Not Paid

    I had my surgery. It didn't go as expected. The Dr told my wife, pastor then the next day me that he could not do what he planned and had to improvise. With that he also said my days with patient contact were over. Now that I can no longer do the job i've done for 16+ years, does NC law dictate WC responsibility for my future. Will they pay my salary until I can get [I]employment? Are they responsible for paying for college and if so, can I choose what and do I get salary while going to school? Thanks!

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
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    3,076

    Default Re: Workers Compensation Not Paid

    At this point you should work towards getting your TTD checks flowing again. It is way too soon to worry about getting them to pay for retraining you. If you are disabled from "suitable employment" they have to pay the weekly check. Of course, you have to let those 30 weeks run first before they will start your TTD up again. But once those checks start flowing, I think you will have some time to figure out where you are going.

    You are almost certainly going to need a lawyer on this. I would suggest that you limit your lawyer choices to those that the State Bar has board-certified as specialists in workers' compensation law. The NC State Bar website has a specialist directory on it.

    Good luck. Bob
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  9. #9
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Workers Compensation Not Paid

    Quote Quoting complwyr View Post
    At this point you should work towards getting your TTD checks flowing again. It is way too soon to worry about getting them to pay for retraining you. If you are disabled from "suitable employment" they have to pay the weekly check. Of course, you have to let those 30 weeks run first before they will start your TTD up again. But once those checks start flowing, I think you will have some time to figure out where you are going.

    You are almost certainly going to need a lawyer on this. I would suggest that you limit your lawyer choices to those that the State Bar has board-certified as specialists in workers' compensation law. The NC State Bar website has a specialist directory on it.

    Good luck. Bob
    Well.. I have an attorney and he is hitting brick walls. I am supposed to start getting paid as of last week but no one will tell us if I will get a check, how often or at all. I know NC law says they have to pay weekly but they have broken so many laws already that I believe the system is broken.

    Can I file and draw unemployment if my employer is not paying me?

  10. #10
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: Workers Compensation Not Paid

    You can draw unemployment only if you are able to work. If you are temporarily totally disabled then you do not qualify for unemployment.

    You should address these questions to your lawyer. I don't want to give you any online direction that may conflict with the advice he is giving you.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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