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

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  1. #1
    Join Date
    May 2011
    Posts
    25

    Default How Hard is It to Get Disability

    I was in an auto accident last year and suffered a moderate brain injury with a subdural hemotoma/ brain axon shearing and a couple other injuries. I have had a constant migrane type headache now for well over a year. In addition, I have mood and irritation issues. My short term memory also suffers. The Dr told me that I will never be like I was before and will probably always have a headache. I am on several meds now and have gone back to work, but never got back to full time. I guess you can say that I finally realize that I can't work and will admit it to myself. I am scared for my kids and wife because I am the main bread winner. Any advice will be appreciated!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Hard is It to Get Disability

    Quote Quoting colnago12 View Post
    I was in an auto accident last year and suffered a moderate brain injury with a subdural hemotoma/ brain axon shearing and a couple other injuries. I have had a constant migrane type headache now for well over a year. In addition, I have mood and irritation issues. My short term memory also suffers. The Dr told me that I will never be like I was before and will probably always have a headache. I am on several meds now and have gone back to work, but never got back to full time. I guess you can say that I finally realize that I can't work and will admit it to myself. I am scared for my kids and wife because I am the main bread winner. Any advice will be appreciated!
    I'm not sure what sort of disability you are inquiring about. SSDI generally requires you to be totally unable to work.
    work comp insurance requires an on-the-job injury.
    private disability policy requirements are as varied as there are different insurance carriers.

    this site's focus is primarily those that have workers compensation insurance coverage for their work injury.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: How Hard is It to Get Disability

    If you had a workers' comp injury, then you are probably entitled to "temporary partial disability" wage loss payments since you returned to work less than full time. This is paid at 2/3 of the difference between your pre-injury gross average weekly wage ("AWW") and post injury AWW. So, if you made $750 per week gross before you got hurt, and now you can only make $450 per week, you should be getting a check from workers' comp for 2/3 of that difference, or $200, in a non-taxable work comp benefit. For injuries that occurred before 6-24-11 this benefit lasts for up to 300 weeks from the date of injury, and for accidents occurring since that date, you get up to 500 total weeks of wage loss benefits.

    If you think you are entitled to get this wage loss benefit but are not getting it, then it is probably time for you to consult with a competent workers' comp lawyer. I have handled a number of temporary or permanent partial cases over the years involving loss of earning capacity, such as yours, but many lawyers do not fully understand this process and will concentrate, incorrectly, just on the "ratings." As the injured worker you get to choose which way of calculating your damages pays you the most, but in order to do that, you first need good legal advice so that you can calculate correctly the losses.

    For that reason, here in NC I would recommend that you limit your lawyer choices to those who are "certified specialists in workers' compensation law." Here is a link to the statewide directory of specialists:

    http://www.nclawspecialists.gov/resu...ecialtyID=1111
    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

  4. #4
    Join Date
    May 2011
    Posts
    25

    Default Re: How Hard is It to Get Disability

    thanks and it is a wc accident. I have a constant migraine type headache, mood issues, memory issues, and a lot of other problems. Can't look at computer more than a few minutes or read more than a page. I can't work a full day now because I get weird from tiredness and headache. That triggers a lot of other things. Guess I will contact a lawyer.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: How Hard is It to Get Disability

    Sounds like you would have a "97-30 claim" or a claim for lost earning capacity.
    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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