Injured at Work? We Can Help.
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If you’ve suffered a workplace injury from the following:
Workers’ compensation law is complex and constantly changing. That’s why it’s important to work with a workers’ compensation attorney at the Deuterman Law Group who is a board-certified specialist in workers’ compensation law.
Free Case ReviewIf your workers’ compensation claim was denied because of a pre-existing condition, don’t give up.
A pre-existing condition doesn’t disqualify you.
A new injury can aggravate a pre-existing condition.
Some people think if you’re injured at work and you get a lawyer, you’ll lose your job.
That’s just not true. Having a workers’ compensation attorney on your side can help ensure you’ll keep your job.
We’ll fight for the compensation you deserve.
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Receive the benefits you deserve without ever stepping foot in an office or courtroom.
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Our process begins with a free consultation. You’ll speak with us to discuss your workplace injury and workers’ compensation claim and your options.
An experienced paralegal will be assigned to your case and guide you through the workers’ compensation claim process. They will help you gather the necessary documents to settle your case.
Your workers’ compensation attorney will work with you to determine the settlement offer you deserve. We will start the negotiation process with the insurance company.
We will fight to get the maximum settlement from the insurance company. Once your case is settled, you’ll receive a check. We don’t get paid until you do.
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.
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:
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:
There are different ways to settle workers’ compensation claims:
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:
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.
For immediate assistance, call us toll free at 866-373-1130 or enter your info below. We’ll be in touch.
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