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  1. #1
    Join Date
    Feb 2017
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    5

    Default Lawyer Question

    I was hurt Jan 16th 2017, had surgery on the 25th(3 plates 13 screws) Dr said I had some bad tissue damage and I'll probably loose between 30-40% of strength and movement in my hand. I have 4 weeks left in a cast then I start physical therapy. Everything has gone smooth so far getting paid and all that, but I was wondering do I need to get a lawyer? I do Refrigeration ( install grocery stores, as a pipe fitter) I suppose I'll be getting a settlement and I'm just curious and making sure I'm going in the right direction.

    Thanks. Matt

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,623

    Default Re: Lawyer Question

    A couple of important things need to be done. First, you need to file your "Form 18" claim form with the NC Industrial Commission in Raleigh, in order to preserve your rights. You can get the Form 18 at this site. Fill it out, print it out, sign it, make yourself a copy, and send the original in the mail to the Commission. http://www.ic.nc.gov/forms.html#claims

    Secondly, you need to find out whether the insurance carrier has filed a "Form 60" at the Commission. You can find this out by calling the Commission and asking for the "Claims department." Ask them what forms have been filed in your case; they may say "19 and 60" or "19 and 63." What you want to hear is "A Form 60 has been filed." The Form 60 is an unconditional acceptance of liability for your case. If a "Form 63" has been filed, and not a Form 60, then it is time for you to talk to a lawyer, because the Form 63 does not actually accept your claim and you have no rights under it. A "Form 61" would be worse news, as that means that your case has been denied. One of these three forms should have been filed; the carrier had 14 days to file one after learning of your accident. Ask the Commission to send you copies of whatever is filed. The Form 19 is not important at this point.

    You need to get a lawyer if your claim or any part of it is denied, or if the Form 60 never gets filed. If nothing has been filed at the Commission, then you have no rights presently, and you need to get the Form 18 filed and probably need to talk to a lawyer too. When you get close to MMI, you should consider talking to a good workers' comp lawyer about your settlement options. In NC, it is fairly easy to find a good work comp lawyer--- just look for one that the State Bar has certified as a "specialist." Here is a link to the Specialists directory. http://www.nclawspecialists.gov/for-...sults/?id=1111

    It will not cost you anything to talk to a workers' comp lawyer. We all give free consultations in person or over the phone. Just choose one and contact him or her. You can research lawyers on AVVO.com and on Martindale.com. Two other places to find top-notch work comp lawyers are the online directories posted on www.WILG.org and at the site for the "College of Workers' Compensation Lawyers."
    Last edited by complwyr; 02-17-2017 at 11:53 AM.
    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
    Feb 2017
    Posts
    5

    Default Re: Lawyer Question

    Thanks, I'll check all that out asap!

    My wife went through some papers we have when I first got hurt I got a bunch in the mail to sign. She says we filled out a form 18 already and they had filled out a form 19. I called the commission and of course the close at 5. I left a message but I'll just call back Monday.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,623

    Default Re: Lawyer Question

    Filing the 18 at the Commission is what is important. Just "filling it out" is not enough. Check to see if the Commission mailed back to you a Form 18 copy that they stamped "filed" on it somewhere. And the 19 is of little value to you except that the day they did it is the day the 14 period should start, for them to file the Form 60.
    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
    Feb 2017
    Posts
    5

    Default Re: Lawyer Question

    Well I just called the commission, only thing they have in my name is the form 19. So I'm doing the 18 right now and sending it in today. I have a doctors appointment tomorrow and my comp lady says she was coming to it, should I ask her about the form 60? Or is it still to soon?

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,623

    Default Re: Lawyer Question

    Until the insurance company files the Form 60 with the Commission, they have no right to direct your medical care. So I think you can tell the lady that until the Form 60 is filed, she is not welcome to attend your appointments. By the way, the lady that is coming should be a nurse, and her conduct is governed by the Industrial Commission's Rules for Rehabilitation Professionals. You can look at those on the Commission web site.

    You are currently getting taken advantage of by the insurance carrier. Be very careful about how long you let it continue.

    I just filed a motion this week to take a rehab nurse off of a case for having unlawful ex parte contacts with the treating docs that was interfering with my client's medical care. Many of these rehab nurses are not worthy of your trust. They are just doing the bidding of the insurance company. That is unethical!

    It has been more than a month since you got hurt. You could file a motion to compel the carrier to admit or deny your claim, and that would make them file a 60, or 61, or possibly a 63.
    Last edited by complwyr; 02-24-2017 at 01:23 PM.
    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
    Feb 2017
    Posts
    5

    Default Re: Lawyer Question

    She never went to my appointment, she said since I was getting put in a cast there was no need for her to go( she was wanting me to go back to work on light duty) I don't think she knew how bad my hand is. I sent her pics after my appointment and her attitude changed. She told me to stay home and do as less as possible....I haven't had or seen a nurse so far. Maybe the commission has filed my form 18 by now. I have pics on my instagram same name as here

    I just got a letter in the mail from the commission saying they have my form 18 and they sent a letter to the IC saying they have 30 days to file a 60,61 or 63 for face a penalty. So I guess that got the ball rolling...
    Last edited by Whyte5oh; 02-27-2017 at 09:23 AM.

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,623

    Default Re: Lawyer Question

    Yes, follow up on it in a month and make sure the form got filed by the carrier. A form 60 is the most favorable one for 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

  9. #9
    Join Date
    Feb 2017
    Posts
    5

    Default Re: Lawyer Question

    Thanks for the help!

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