Frequently Asked Questions

Report the injury to the employer, verbally and in writing, immediately and ideally within 30 days. You or your attorney must complete Form 18 to be submitted to the N.C. Industrial Commission (NCIC). It is best if this form is filled out by your attorney representing you in your workers’ compensation claim.

The employer or its insurance company, subject to any NCIC orders, provides and directs medical treatment. The Commission may approve a change of physician on certain grounds, but changes to the state’s workers’ compensation law have made it more difficult to switch doctors. The employer and workers’ comp insurance carrier may not pay for treatment unless you have prior, written approval from the employer, insurance company, or Industrial Commission to change doctors.

If the authorized treating physician orders chiropractic care and the insurance company approves it, an employee is entitled to 20 chiropractic visits. If additional visits are needed, the chiropractor should request this authorization from the NCIC. Chiropractic treatment is not ideal in a workers’ compensation claim. It is preferable to seek treatment from a medical specialist.

You have the right to ask the Industrial Commission for permission to see a doctor of your choosing. The rules for changing doctors are very strict, and it’s best to have an attorney advise you and help you in filing this request. If another doctor treats you without first getting permission, you may jeopardize your benefits. You should seek legal assistance from a licensed law firm or contact the Industrial Commission if you have questions about changing doctors or getting a second opinion.

No workers’ compensation for lost wages is due for the first seven days of lost time unless the lost time exceeds 21 days. Therefore, the first check will not include payment for days 1-7. Payment for those days will be made should the time out of work continue beyond 21 days.

Two-thirds (or 66.6 percent) of the average weekly wage, not to exceed a maximum, is calculated based on the year you were injured. This number is known as the maximum comp rate. It is $904 for 2014 and $920 for 2015.

http://www.ic.nc.gov/ncic/pages/maxrates.htm

Until the employee can return to work or until further order of the N.C. Industrial Commission.

Employees are entitled to collect mileage for medical treatment in workers’ compensation cases provided they travel 20 miles or more roundtrip. Special consideration is given to employees who are totally disabled. Reimbursement is only available for approved medical appointments, and mileage is calculated using mapping software.

Workers’ Compensation does not compensate for pain and suffering, only loss of wages as determined by the Industrial Commission, and for medical treatment.

Permanent partial loss of use of a body part or temporary inability to earn the same wages in any employment as earned at the time of the injury.

The N.C. Industrial Commission and the N.C. General Assembly by statute, determine partial disability based on the impairment ratings of physicians, or evidence of loss of wage earning capacity.

Any employer who regularly employs three or more employees, whether part-time or full-time. The definition of “employees” includes executives or officers of the company. In addition, any company in which one or more employees are employed in activities involving the use of or presence of radiation must have coverage.

What happens when the employer refuses to acknowledge a workers’ compensation claim?

When liability for payment of compensation is denied, the N.C. Industrial Commission, the injured worker, his or her attorney, if any, and all known healthcare providers shall be promptly notified of the reason for the denial. The denial must detail the exact reason for the denial of liability.

If the insurance company or self-insurer denies a claim, the employee may request a hearing before the Industrial Commission. Medical providers may bill the employee only after it has been determined that there is no compensable workers’ compensation claim.

Contact the N.C. Industrial Commission Statistics department at (919) 807-2506 to find out about your employers’ workers’ compensation insurance coverage.

Workers’ compensation is a complex and ever-changing legal system. An attorney who regularly practices in this area can help you navigate this complex system and ensure that you’re getting the full range of benefits and treatment available to you under the law. You should especially consider hiring an attorney if:

• Any part of your case has been denied.
• You are not receiving medical treatment.
• You are out of work without any income.
• You have an accepted claim but are unable to return to your previous work position.
• You are dissatisfied with your current medical treatment.
• You have been terminated.
• You have been released to return to work but do not feel capable of doing so.
• You have a significant injury claim that will result in a permanent disability.

Deuterman Law Group has offices and workers’ compensation attorneys in Greensboro and Winston-Salem. Additionally, our team has experienced workers’ compensation attorneys that serve all of North Carolina.

Many attorneys say they handle workers’ compensation cases when, in fact, they do not have the experience, or the knowledge, to help you navigate through this complicated process. Look for an attorney whose primary focus is workers’ compensation and who regularly handles these kinds of cases, as we do at the Deuterman Law Group.

We suggest you choose an attorney who is a board-certified specialist in workers’ compensation law by the N.C. Board of Legal Specialization.

A good attorney will:

• Monitor medical treatment.
• Make sure you receive the best medical treatment possible.
• Make sure your weekly checks are on time and that you are receiving the correct amount of money every week.
• Ensure you are receiving all benefits to which you are entitled.
• Advise you on options regarding returning to work, and/or dealing with restrictions and your employer.

There are different ways to settle workers’ compensation claims:

1. Clincher Agreement: A clincher is a compromise settlement agreement. Once you’ve signed this agreement, you give up all rights to future workers’ compensation benefits for the particular injury in exchange for a sum of money.
2. Forms 21 and 26: If you sign one of these forms, your workers’ compensation case may remain open but you will be giving up certain rights and the rights you retain will be limited in time. An experienced attorney can help you decide whether you are making a decision that is best for you.
3. Mediation: Mediation is often an effective tool to reduce the costs, risks and delay of litigation. A mediation is a conference between some, or all, of the parties involved in the case, including:
   • injured employee
   • employer
   • workers’ compensation insurance carrier
   • attorneys for both parties
   • a third party, a mediator, selected by agreement of the plaintiff (employee) and defendant (employer and insurance company), who comes to the conference to hear both parties’ versions of the case, and then tries to help the parties reach a compromise on the matter.

In mediation, the mediator then goes back and forth between the parties carrying offers and demands, facilitating discussion on the issues in the case, discussing the applicable case law, etc. If the parties can reach an agreement, a Memorandum of Settlement is signed, and the case is officially settled. If the parties do not reach an agreement, then, assuming there remain contested issues, the case moves on to a hearing in front of a deputy commissioner of the North Carolina Industrial Commission.

If you are receiving Social Security benefits, long-term disability benefits, or some other type of compensation for your disability, there may be an offset or reduction in your benefits if you also receive workers’ compensation benefits. It is important that you see an attorney to ensure you are receiving the full benefits to which you are entitled.

In the workers’ compensation practice, a hearing is a formal presentation of the case by all interested parties in front of a deputy commissioner of the N.C. Industrial Commission. This person may also be referred to as a judge. The Deputy Commissioner presides over a trial of the issues and renders a decision on the claim. An order is typically issued as follows:

• Parties have 60 additional days to take any medical doctor (expert) depositions, followed by another 30 days to draft contentions and submit a proposed opinion and award.
• Contentions drafted by the parties are written closing arguments on the case, which discuss case facts, case law and present arguments on behalf of their client.
• A proposed opinion and award that each party drafts, discloses what the party feels the deputy commissioner should find as Findings of Fact in the case, legal conclusions and what the award should be in the matter.
• The deputy commissioner reviews both parties’ submissions, and then enters an Order of the Court, ruling on the matter.

The biggest difference between mediations and hearings lies in who has control over the result of the case. At mediation, the parties each have input and a degree of control over the result in the case, whereas at a hearing, the judge makes the sole determination of the outcome.

Seek medical treatment immediately. Don’t delay in seeing a doctor, no matter the advice of your employer or coworkers.

If you don’t have health insurance, go to the hospital or a clinic. Don’t delay getting medical treatment because you’re worried about how your doctor’s bills will be paid. Those are issues that can be sorted out later in your workers’ compensation claim with the help of an attorney. Medical bills cannot go into collections during a workers’ compensation claim.

Contact an attorney immediately if your employer doesn’t acknowledge that you were hurt on the job.

If you’ve been injured, call us. We’ll help you determine whether you need a lawyer and whether you have a right to monetary damages. The decisions that must be made after an accident or injury are very important and must be addressed quickly. We will be happy to talk to you about your case.

Yes, you may file a claim against the responsible driver’s insurance. It doesn’t matter if you were a passenger in their car or another car involved in the accident. Remember that people have insurance for a reason. The insurance company is ultimately liable for paying your medical bills and other expenses.

As long as you didn’t cause the accident or play a role in causing it, you still have a claim. This applies even if you get a traffic citation for not wearing a seatbelt, for having expired plates or an expired license or other similar violations.

Unfortunately, new cars immediately lose value when you drive them off the lot. The adjuster is required to pay the current value of the car – not what you paid for it.

You may also challenge the insurance company on whether the car is actually “totaled.” For example, if your car is damaged, but not “totaled,” you may have a claim for loss of value. If you try to sell your car after you fix it up, you will not be able to sell it at the standard used-car rate because it was in an accident. You may be able to receive compensation for this “loss of value.”

The same is true if you owe more on your car than it is currently worth. Let’s say your car was totaled, and the fair market value was $10,000. But you still owe $12,000 on your car loan. After insurance reimburses you and you pay off your loan, you’ll still be $2,000 in the hole and without a car to drive. Your only recourse may be to file a lawsuit.

If your injuries prevented you from working after your car accident, you may be able to collect for lost wages. However, you must have documentation from your doctor and employer before the insurance company will consider reimbursing you for lost wages. Your doctor must specify, in writing, that you are unable to return to work for a certain period of time because of your injuries. In addition, your employer will need to complete a form certifying the dates you missed work and your wages.

An attorney can help make sure all the proper forms and paperwork have been completed for a lost wages claim. Even so, the insurance company may deny your claim, so we encourage our clients to return to work as soon as they’re able and medically cleared after an auto accident.

Even if you don’t have healthcare coverage, you may still have treatment options. Most hospital emergency rooms won’t withhold treatment for the uninsured. There also are low-cost or no-cost clinics in most communities around the state. Some medical providers may even be willing to hold their bills until your settlement arrives and you are able to pay. Consult your attorney for advice on how to proceed.

For property damage, you’ll want to file your claim right away. If you plan to sue the driver who hit you for negligence for injuries suffered in the crash, state statutes say you must file within three years, or within two if a death is involved.

Working with a personal injury attorney can result in significantly more compensation. In fact, statistics from the national insurance bureau show that claimants represented by an attorney average an award that is more than three times the size of those who represent themselves. Attorneys uncover benefits to which you may not know you’re entitled, deal with rude or non-responsive adjusters and take a significant burden off your shoulders so you can concentrate on getting better and getting on with your life. They also can help you negotiate with healthcare providers and others to defer billing until your settlement check is in hand.

The answer depends on a number of different factors. You should be compensated for your medical bills and lost wages related to your injuries, both past and future. You also should recover something for the pain and suffering the accident has caused you. If your injuries are serious enough, they may affect you for the rest of your life, and so you should be able to recover your lost earning capacity.

Most attorneys who handle personal injury lawsuits do so on a contingency basis. That means the attorney representing you in your accident case earns no fee unless you win. It also means you won’t need to pay anything out of pocket. You can have expert representation even if you have no job, no savings, no home or no car. Your attorney takes care of all the upfront costs and then takes applicable fees and costs out of your final settlement. Generally, people who are represented by an attorney in an accident case will end up better off financially than those who are not represented.

If you’re like most drivers, you don’t think much about your auto insurance policy or learn how to read your auto insurance policy until after you’ve been in an accident. Then, it’s a scramble to determine if your particular situation is fully covered.

If this sounds like you, please read our article for tips you need to know when learning how to read your insurance policy.

While all auto accident lawyers can be considered personal injury lawyers due to their role in handling cases of injury due to negligence, not all personal injury lawyers specialize in auto accidents. If you’re involved in an auto accident, an attorney specializing in auto accidents might be more equipped with the specific knowledge and experience needed to navigate the complexities of your case.

Getting a lawyer is crucial for veterans applying for VA disability benefits due to the process’s complexity. Many veterans face rejections or get less than they deserve without legal help. You should seek a qualified VA disability lawyer for their expertise and dedication, which can significantly impact securing your rightful benefits.

When searching for a VA disability attorney, it’s important to consider several key factors to ensure you find someone well-equipped to handle your case effectively.

1. Experience with VA Claims: Seek an attorney with a strong track record in handling VA disability claims. Experience in this area means the attorney is familiar with the nuances of VA law, regulations, and the claims process.
2. Specialized Knowledge: The best VA disability attorneys have specialized knowledge in veterans’ law and understand the medical aspects of disabilities common among veterans. This knowledge is crucial for effectively arguing your case.
3. Reputation: Research their reputation among clients and peers. Look for reviews, testimonials, and any professional accolades or recognitions. This can give you insight into their success rate and how they treat their clients.
4. Communication: Choose an attorney who communicates clearly and keeps you informed about the progress of your case. You want someone who answers your questions promptly and explains complex legal terms in an understandable way.

There is no statute of limitations on VA benefits. Whether you’re a Vietnam or Gulf War veteran or recently returned from a tour of duty in Afghanistan, you may apply for and receive VA benefits for any service-connected injury, disease, or disability.

If you’ve applied and been denied, you need to meet a few appeal deadlines. Otherwise, you’ll have to start the process over again. Our team will ensure you don’t miss any important filing deadlines that could further delay your claim.

No matter where you live in North Carolina, your Veterans Disability claim will be processed through the regional Veterans Administration office in Winston-Salem. If your case goes to a hearing, it will most likely be heard in Winston-Salem.

By working with the Deuterman Law Group, you will be working with a local, experienced, VA disability attorney.

Absolutely! Thanks to increased awareness, veterans suffering from post-traumatic stress disorder are finally getting access to the medical treatment and benefits they are entitled to.

The Deuterman law firm has helped many clients living with PTSD secure benefits. These cases are becoming an increasing part of our practice, and the VA is taking a more active role in identifying and addressing PTSD.

However, that doesn’t mean that it’s easy to have a PTSD disability claim approved, especially if you don’t have an attorney representing you. The VA has very particular rules about these types of claims.

Every VA disability case is different, and this is especially true with PTSD cases.

We understand the depth of the impact PTSD can have on a veteran’s life and relationships. We understand PTSD is a very personal and private matter. We do everything we can to protect veterans’ privacy and dignity while making the case for disability benefits.

We work on a contingency basis.

That means we don’t collect a fee unless we win your case. While most people are used to attorneys charging at least a third for the work they do in a case, in VA Disability benefits cases, the fee is only 20 percent of past-due benefits. And the VA reviews our fee before we can collect it, approving it based on the work performed in the case.

There are actually two different disability programs offered by the Social Security Administration – Social Security Disability, sometimes called SSD, and Supplemental Security Income, known as SSI. Social Security Disability is based on your work history, while SSI is a needs-based program for people who haven’t worked long enough or earned enough to qualify for Social Security Disability. SSI also covers children with disabilities. The Social Security Administration can tell you which program you qualify for, based on your earnings, and also what your benefits will be, once approved.

You are eligible if you have been out of work or expect to be out of work for 12 months consecutively. The key here is you expect to be out of work for that long. You should not wait until a year has passed to apply. The process is LONG and usually from start to finish will take more then two years. During the period while you’re waiting for your claim to be approved, you will not receive benefits.

You can get this information from the Social Security Administration.

Request a copy of your annual Social Security statement online at www.socialsecurity.gov/mystatement. You can also access a benefit calculator at www.socialsecurity.gov/planners/benefitcalculators.htm

There are several ways to file an initial application for Social Security Disability benefits:

• Online at www.socialsecurity.gov
• On the phone. Call 800-772-1213 to set up an appointment for someone to take your claim over the phone
• In person at your local Social Security office. Call 800-772-1213 to set up your appointment.

We always encourage people to apply on their own, as you may be approved without needing assistance from an attorney. That doesn’t happen often, but it is worth trying. However, if you have questions or feel overwhelmed and would like help you’re your initial claim, we’re happy to help. The Social Security Administration advises that it takes at least 120 days for an initial application to be processed. Chances of having your initial application approved at this level are low. In North Carolina, only about 31 percent of people are approved for Social Security Disability at this level.

An attorney can help you navigate the miles of red tape standing between you and Social Security disability payments. The process of filing your appeals is time consuming and it may be years before you begin receiving any payment for benefits. An attorney can help prepare your case to give you the best opportunity for success. Statistically, applicants who retain an attorney to represent them are much more likely to win benefits than those who do not.

When choosing someone to represent you with a Social Security Disability claim, look for someone who is educated, experienced and licensed to handle these types of claims.

It’s best to seek representation from a local attorney who is familiar with the local Social Security Administration bureaucracy and judges. Some firms hire people who aren’t attorneys to represent people in their Social Security Disability claims. Unlike non-attorney representatives, attorneys are licensed and they are bound by certain ethics rules.

Applying for disability is a lengthy process, and there is a large backlog of cases. Generally, you can expect to wait as long as two years, or more, before your benefits are approved.

You qualify for Social Security Disability benefits by earning Social Security credits when you work in a job and pay Social Security taxes. The credits are based on the amount of your earnings. The number of credits you to need to be eligible for payments depends on your age and the type of benefit. Generally, you must have 40 work credits and have earned 20 of them in the last ten years to qualify for Social Security Disability. Generally, if you’ve worked five of the last 10 years, you should have enough work credits to be covered. However, it can be more complicated than that.

You can earn a maximum of four credits per year. (For 2017, each $1,300 in earnings equals one work credit. You must earn at least $5,200 to get the maximum four work credits for the year.) See the Social Security Administration’s website for more on how work credits are calculated.

When you are out of work, you are not earning credits. Because of this, you should apply for disability as soon as you can to prevent jeopardizing your benefits.

If you are denied disability benefits, there are several appeal options. It is important to keep in mind that denials happen more often then not. In North Carolina, only about 31 percent of people are approved for Social Security Disability with their initial application.

Initially the person who decides if you get disability benefits is NOT a judge.

If you’ve been denied disability benefits, don’t be discouraged. The letter you received denying you benefits is a form letter. Thousands are mailed out each year.

Most people who seek disability benefits eventually prevail, but it is a lengthy process. There is still hope.

While an attorney can help with your Social Security Disability claim at any level, we recommend contacting an attorney after you’ve been denied benefits. Once you’ve been denied benefits, there is a 60-day deadline to file an appeal for reconsideration. If you fail to appeal within that time frame, you have to start the whole process over, further delaying your benefits.

If your initial application for Social Security Disability benefits is denied, then you may file an appeal called a “request for reconsideration.” There is a 60-day deadline to do this. A different set of employees within the Social Security Administration will review your application at this point. But again, a judge will not be reviewing your claim at this stage. The Social Security Administration can can process these claims for as long as necessary. Typically decisions are rendered within three to six months of filing a request for reconsideration. Your chances of being approved for benefits at reconsideration are slim. In North Carolina, only about 13 percent of claimants are approved at this stage. If you are denied at reconsideration, you may file a second appeal and request a hearing. There is generally a 60-day deadline to make this second appeal.

It is likely that you will be denied benefits at reconsideration. In North Carolina, only about 13 percent of claimants are approved at this stage.

But there is hope.

After being denied at reconsideration, you may file a second appeal, which is called a “request for hearing.” At this stage, a judge may review your application. The waiting time for a hearing is lengthy – more than a year – but your chances of being approved for benefits at this stage improve considerably.

In North Carolina, about 73 percent of cases decided at a hearing are approved.

Yes. Applicants must be present at their hearing. The judge will ask you about your health and your daily life to determine whether you are disabled and eligible for benefits.

The Social Security Administration does allow claimants to perform limited work while awaiting a disability decision. Earnings are limited to no more than $1,000 a month.

Yes. Fully favorable decisions may be granted at the initial level and at reconsideration. However, the overwhelming majority of claims are denied at both of these levels and do require attending a hearing before disability benefits are awarded.

A number of factors come into play, including

• Your age
• Your educational level.
• Your medical impairments.
• Your past relevant work history.

Possibly. If they are dependent upon you and under the age of 18, children also may be entitled to benefits.

You can do some limited work. Currently Social Security holds that if you earn less than a certain amount working every month, you are not engaged in substantial gainful activity. But bear in mind, the Social Security Administration can always review your file to determine whether you can perform substantial gainful activity. If the administration determines you can perform substantial gainful activity, you would no longer be eligible for benefits.

Yes. You can get benefits for a “closed period” of disability. If you were out for 12 months or more consecutively, then you can still get Social Security Disability benefits for that time frame. If approved, you will only receive a one-time lump sum and not continuing ongoing monthly payments.

Once approved for disability you are entitled to receive both ongoing monthly payments as well as back pay, payment for the time it took for your claim to be processed.

Back pay payments begin on the date of your entitlement, 5 months from the date Social Security finds that your disability began. The Social Security Administration provides that a claimant becomes entitled to disability benefits after showing five months of consistent disability. You will not be paid for these five months.

Any attorney’s fee will be deducted out of your back pay award, not ongoing Social Security Disability payments. The Social Security Administration has capped attorney’s fees at 25 percent of back pay, up to $6,000.

You should file for Social Security Disability benefits immediately, as long as you expect to be out of work for a period of at least 12 months. It is wise to consult with your workers’ compensation attorney to find out if you are eligible for additional benefits. If you are awarded disability benefits, there may be an offset based on your workers’ compensation benefits that may slightly reduce the Social Security benefits you will be awarded.

It depends on the particular circumstances of your case.

If approved, you will receive an award letter from the Social Security Administration. Your monthly benefit payments generally begin six to eight weeks afterwards.

Back pay benefits are generally paid after monthly benefits begin. However, you may receive back pay with your first monthly benefits check.

Yes, unless you were approved only for a “closed period” of disability. However, the Social Security Administration may review your claim at any time to determine whether or not your condition has improved and if you continue to meet the criteria for disability status.

When you reach full retirement age, nothing will change, except for Social Security purposes; your benefits will be called retirement benefits instead of disability benefits.

Yes, you may apply for and receive full disability benefits.

As with other cases we handle, our fees are on a contingency basis. We don’t collect a fee unless we win. In the case of Social Security Disability, the Social Security Administration has capped fees at 25 percent of back benefits owed, up to a maximum of $7,200.

Several factors can favorably affect your claim:

• A Medical Expert Opinion Supporting Disability. Nothing helps your claim as much as having clear medical records and a good medical opinion, in writing, from your treating doctor(s) advising that you cannot work.
• Testimony from family, friends or relatives who have assisted you with daily activities and chores.
• Ongoing medical records showing continuing disability. Even if you have a chronic condition that you know the doctor cannot cure or improve, it is still beneficial to keep seeing the doctor and continuing to relay your pain, symptoms and problems because it documents your ongoing condition. The judge that oversees your case will want to see that these are ongoing problems, so continue to see a physician.
• Person as a whole. Social Security looks at you as a whole, so you don’t have to be considered disabled from one specific injury or illness. Instead, you can be considered disabled if the “combination of impairments” you have make it so that you cannot work. If you are depressed as a result of your condition, for example, then you should seek mental health treatment to document that condition.

Experts identify four primary types of nursing home abuse: physical, sexual, emotional, and financial. Victims may display physical injuries or behavioral changes. Physical or sexual abuse can result in bruises, cuts, or welts and damage to personal belongings. Psychological trauma can also arise from physical or emotional abuse, causing agitation or withdrawal. Sudden changes in financial accounts may indicate coercion or fraud. Neglect can be identified through poor hygiene, nutrition, and untreated illness or injury.

Contact the Deuterman Law Group immediately. We’ll help report the issue to the proper authorities, such as the county Adult Protective Services office. And we’ll gather information to assist in the investigation and prepare a claim against the owners and operators of the nursing home.

An attorney will protect your loved one’s rights and represent their best interests in cases of suspected nursing home abuse or neglect. They can conduct a thorough investigation, resulting in immediate changes. If you haven’t filed a complaint, we can coordinate with the state Division of Health Services Regulation to ensure an investigation. If needed, we will also assess potential compensation for medical expenses, pain and suffering, and relocation. An attorney can help appoint a family member as a guardian and file a legal complaint against the nursing home.

Most attorneys who handle nursing home neglect lawsuits do so on a contingency basis. That means the attorney representing you in your accident case earns no fee unless you win. It also means you won’t need to pay anything out of pocket. You can have expert representation even without savings, a home, or a car. Your attorney takes care of all the upfront costs and then removes applicable fees and costs from your final settlement.

Nursing home neglect lawyers are distinguished by their specialized knowledge of elder law, focused practice on elder abuse and neglect, strong advocacy for the elderly, compassionate approach to client representation, ability to navigate regulatory landscapes, and specific litigation and negotiation skills tailored to the complexities of nursing home neglect and abuse cases.

Selecting the right nursing home neglect lawyer involves careful consideration of their specialization, experience, reputation, legal approach, communication skills, and staff resources. Taking the time to research and meet with potential lawyers can help you find the best advocate for your case.