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

• North Carolina Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• North Carolina Worker's Compensation Resources - Links and resources for injured workers.

Page 2 of 2 FirstFirst 12
Results 11 to 18 of 18
  1. #11
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    Quote Quoting achingback View Post
    question? how can you apply and get ssdi when the doctor has not stated you are disable?
    while the work injury may be the trigger for application for SSDI, and being off 12 months would be good reason... SSA does not use only the work injury effects to determine if you are disabled under their definition.
    SSA has a much higher threashold for qualifying vs WC.
    the doctor also told me that I will never work again. He even wrote that I was unable to do any work including sedentary type work.
    Doesn't that sound like "disabled" to you?...that you cannot perform any type of sedentary work?

  2. #12
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,094

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    If the doc says you cannot do any kind of work, then that clearly is the doctor saying you are disabled.
    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. #13
    Join Date
    Jun 2009
    Posts
    23

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    as far as ssdi in cindy28916791 i can say yes by what the doctor state she is disable. for me i have been on sedentary restrictions but unable to find "suitable employment". i reached mmi 2 1/2 years ago but haven't gone back to work. still on workers comp and still seeing dr. for meds. so with that said what would you say my chances would be getting ssdi and would i get anything since i am on wc? my injury was also my back with a fusion. since i reached mmi 2 1/2 years ago wc has contacted me 3 times asking me to settle for 100,000 which i think is peanuts considering my injury and i turn them down each time. i think about if and when i find a sedentary job would i be able to work a 40 hour week, week in and week out. i take meds every day and still have problems with back and nerves in legs. i know if i return to work i'm on 9 month trial and within that time they would have to pay me if i was unable to continue to work and being on daily meds they would have to pay medical. as far as i see i will always be on meds so they would always have that to pay.

  4. #14
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    as far as ssdi in cindy28916791 i can say yes by what the doctor state she is disable. for me i have been on sedentary restrictions but unable to find "suitable employment".
    what would you say my chances would be getting ssdi and would i get anything since i am on wc?
    The only thing you can do is make the application for SSDI, SSA will make the decisions...there are no "odds"... and you should have applied long ago.

    If you miss the SOL... 5 years from the last date you worked...you will be "SOL" on receiving any disability benefits from SSA/SSDI.

  5. #15
    Join Date
    Mar 2014
    Posts
    1

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    i'm so lost...i've got a SLAP lesion surgery i need prn dr. i have atlas and my c4/c5 disc in my neck damaged lower back damage headaches all the time. ive been on work comp approx. 3 yrs. they have done nothing for me besides deny every test my dr. order and slap surgery was never done. had a bad attny fired him hired another. now im sick of them doing nothing for decided to settle my case as my attrny request stopped seeing my current dr. and had him end my case.i HATE work comp with a passion...anyway the dr. i spoke of also informed me on my last visit i couldnt return to driving truck ..crushed me! all the injuries i mention are as the dr. told me..im getting 460.00 pd/lp as of now but wont last long how long until i see a ratings dr. and what can i expect after all this ive had no rehab or physical therapy..ive just been WAITINGGGGGGG plz help

  6. #16
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,094

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    Goldy, are you in NC? It is hard to read and understand your post. I think you are saying that you are too disabled to work, and you need various medical treatment that has been denied. If that is your situation, and you are in a NC claim, then the PPD rating is the last thing you need to worry about.

    Or did you already settle your case? If you did, there is not really any point in asking for help now.

    If the case is not settled, and a doctor has recommended medical care for an injury that has been accepted by the carrier, then a medical motion is a fairly easy way to get the treatment authorized for you by the Commission.

    Do you have a competent workers' comp lawyer? How do you know that your lawyer is well-versed in workers' comp? Your post is pretty confusing.
    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. #17
    Join Date
    May 2012
    Posts
    19

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    I know this post was from a while ago but you replied that as long as you continue on Medication the insurance company can't settle, can you elaborate on that. Is this still the case today. I was released almost 2 years ago at MMI with return to work One Hand Only work restrictions, however I take meds everyday due to the injury and have for 5 years now. How does that play into the Insurance company closing out the medical?

  8. #18
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,094

    Default Re: Work Comp. is Trying to Get Me to Settle My Back Injury Claim. Should I Do It

    In NC, every time the comp carrier pays to fill your medicine prescription at the drugstore, your medical stays open for another two years unless you settle on a clincher.

    If you pay for it, or your health insurance pays for it, that does not count.
    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

Similar Threads

  1. Workplace Lower Back Injury
    By MLD in forum Florida
    Replies: 2
    Last Post: 10-22-2012, 08:45 AM
  2. Replies: 3
    Last Post: 01-21-2012, 01:19 PM
  3. Workplace Back Injury
    By ldavis777 in forum Georgia
    Replies: 12
    Last Post: 07-14-2011, 03:03 PM
  4. Fired After A Workplace Back Injury
    By Unregistered in forum Employment
    Replies: 2
    Last Post: 01-08-2007, 09:34 AM
  5. Recurrence Of Old Workplace Back Injury
    By lynn in forum West Virginia
    Replies: 2
    Last Post: 12-19-2002, 11:23 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer