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  1. #1
    Join Date
    May 2016
    Posts
    3

    Default Is Adjuster Full of Bs

    My workers compensation claim was made in the State of: North Carolina.

    It is my brother. He was hurt last March. The employer never turned it in on his policy. He paid cash for everything and kept paying him
    his regular 40 hour pay taking out taxes. A 4000# steel plate fell on his foot and broke it and he fell backwards snapping his ankle. He
    has had one surgery. This nearly bankrupted the company. Problem is, he has to have another surgery. From my understanding it has been accepted though he hasn't received a 60 yet (or any other form for that matter other than the 19)

    The carrier has started to pay him TTD which is considerably less than what I kinda calculated out. I think she is just basing it on straight up 40 hours. But my brother
    worked in a weather dictating industry. He worked 60 hours one week 25 the next. He has asked for a form 22 or the wage printout from his employer so to accurately
    calculate TTD. He asked her to explain how she came up with her TTD. She refused to give it to him and said he "wasn't entitled". she said she could give it to an attorney if he was represented. He said he wasn't represented at this time. Why wouldn't he be entitled? and why wouldn't they give that to him as at some point it will need to be shown to make sure his disability amount is correct. he doesn't want to get a lawyer just yet - (heck he hasn't wanted to in the past year) Any ideas on how we can get the carrier to turn over the info? Employer won't answer his calls now, and he never received pay stubs.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Is Adjuster Full of Bs

    pmcguffin
    he doesn't want to get a lawyer just yet - (heck he hasn't wanted to in the past year)
    That may explain why he's having problems.
    The #1 mistake people make is to wait until they destroy their case to hire a lawyer - Hiring a lawyer will save your sanity, protect your rights and you'll be money ahead.

    Any ideas on how we can get the carrier to turn over the info? Employer won't answer his calls now, and he never received pay stubs.
    These people aren't stupid, they know you have no idea of what you're doing and are taking full advantage of it.
    Without a lawyer, they won't take you serious - They'll chew you up and spit you out.
    Hire a lawyer, have no further contact with that adjuster or employer until you do so.

    I moved this thread to the N.C forum, your questions are state specific.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Is Adjuster Full of Bs

    Well, you cannot do anything for your brother. You are not a lawyer, so you cannot represent him, legally. And your brother will not know how to help himself. Sure, he is entitled to the Form 22, but so what? He has no idea how to get his hands on it. Like many adjusters, this one is both wrong on the law and is not telling him the truth. But there is not enough room in this forum, nor time in my day, for me to explain to you how your brother can file the proper motion and prepare the proper proposed Order and submit it to the IC and actually win it, in order to make the adjuster do what she is supposed to do anyway.

    If your brother is not willing to retain a good workers' compensation lawyer to help him, then he will just have to take the beating he is getting, and the beating he is going to get for the life of the case, from the insurance company. It is his choice.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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