A recent hot topic of the eminent domain world has been the “Map Act,” and as such it has been the topic of our last few eminent domain posts. A quick refresher: the Map Act was a law in North Carolina that allowed city governments to stake claim on land that they were planning on using for infrastructure without having to put any money towards that claim. Recently the Court of Appeals ruled that the Map Act was improper as it caused the value of the land claimed by the government to plummet. The Supreme Court upheld the Court of Appeals’ ruling.
Excellent! The ruling has been upheld, which is great news. Unfortunately, this process is not complete just yet, however. The next step is for the initial trial court to implement the Supreme Court’s decision. Superior Court Judge Joe Craig’s ruling on the case outlined a list of requirements that the state must follow. One such requirement was that the state begins hiring appraisers to value the properties and set aside the appraised value of that property for compensation. The state has 90 days to evaluate and deposit the money for the 9 properties that were brought into question during the case.
Even with this ruling, there are still some uncertainties. For instance, it is unknown whether this is a complete taking or not. In other words, does the state have to buy the property in full? Or is it just compensation for the decreased value of the property that the state has to pay? It’s going to take additional litigation and time to resolve these issues. In the meantime, homeowners will face additional hardship and uncertainty, and the state will owe more money. We’ll be sure to keep you informed as things progress. If you have any questions about eminent domain and your own property, don’t hesitate to contact us.
For an injured worker, weekly workers’ compensation benefits are essential for paying the bills and putting food on the table for a family. Not knowing when your weekly check will arrive can stress an injured worker. Unfortunately, there’s a good chance your workers compensation adjuster does not pay on time. And to add insult to the work-related injury, in most cases, there’s nothing you can do to force them to pay on time because there is no law saying they have to pay you on the due date.
Ultimately it’s the adjuster’s responsibility to ensure they receive their payments and have the necessary resources to ensure you are being paid.
By law, workers’ compensation insurance must pay you within 14 days of the check’s due date. If the insurer does not pay you in that time, you may request a 10 percent penalty against the workers’ compensation insurance by filing a motion with the North Carolina Industrial Commission.
While the insurance companies are not required to pay on time, they are required to pay you eventually. If an insurance company withholds checks from you or takes more than two weeks to pay you, contact an experienced attorney. We work with you to make sure that your rights are protected.
The first thing that comes to mind when someone mentions workers’ compensation is that they will get paid. That’s what we all want, right? We want our money to pay bills or buy groceries as soon as possible. But not everyone gets their money on time. Some adjusters take months to even respond to claims. If you don’t hear from them within 30 days of filing your claim, you should contact an attorney immediately.
When you file a claim, there is usually a form that you need to fill out. You may be entitled to legal representation if the insurance company denies this form. You would need legal representation because the insurance company will try to deny your claim based on something that was written down incorrectly or wasn’t filled out correctly. It could also be that the insurance company did not give you enough information about how they would handle your case. If you receive a denial letter, you should call an attorney immediately. You may be able to appeal the decision, but may want the assistance of an experienced workers’ compensation lawyer.
When workers’ compensation adjusters fail to pay you on time, there are legal rights you should be aware of.
If your injury was due to negligence, your employer might be liable for damages. And if your injury was due to intentional misconduct, your employer may be liable for punitive damages.
But wait, there’s more! If your injury was due to gross negligence, your employer might still be liable for compensatory damages. Gross negligence means that your employer knew or should have known that his actions were dangerous and likely to cause harm.
The bottom line is this: if your workers’ compensation adjuster fails to pay you on time or pays you too little, you have legal recourse.
When it comes to workers compensation benefits, there are two significant kinds: temporary total disability and temporary partial disability. You may have heard both of these terms if you find yourself injured at work. You might also wonder, “Just what exactly do these terms mean, and what is the difference between the two?”
Your doctor may recommend you take a leave of absence from work. If this is necessary, you should notify your employer in writing.
Once you’re cleared to return to work, contact your supervisor and request a light-duty assignment. Again, your employer may offer you a different type of position than the one you had before being injured.
Unfortunately, your employer can have you perform whatever job they’ve created for you (e.g., something as menial as counting paper clips or sitting in a chair) until you recover and can work at your regular rate. We refer to these as “make-work jobs.” If you refuse to do this job, you are giving up your right to weekly disability checks and medical benefits.
Sometimes an employer will find a reason to fire you while receiving temporary partial disability benefits. Unfortunately, in the state of North Carolina, there is no law against firing you while you are on disability benefits, just so long as your employer cites another reason for your termination. Your checks will continue if you are fired while receiving temporary total disability.
When applying for temporary disability benefits, you need to document your inability to work. Include information about the date and nature of your injury, your medical treatment, and dates when you were out of work and receiving benefits.
Documenting these events helps prove that you couldn’t work during the period you applied for benefits. Also, include copies of bills showing the cost of your medical care.
Don’t forget to submit proof of your earnings history. You should list your pay stubs and W2 forms if you worked full-time. If you worked part-time, you should include copies of your paycheck stubs and tax records.
When dealing with a Social Security Disability hearing, many people aren’t actually sure what to expect out of the proceedings. You might be expecting the type of courtroom proceeding you see on television: big wood-paneled rooms, the judge sitting on an elevated platform, a jury, and an opposing lawyer. It’s an intimidating image to say the least.
In reality, a Social Security hearing is much more akin to a conference room meeting than an episode of Law and Order. Usually there are only a handful of people in the room. Other than yourself and your attorney there is also likely to be a court reporter—who is responsible for keeping a written transcript of the proceedings—and a judge. There may also be a vocational expert whose job is to be a resource for the judge. However, more often than not, they will be on speakerphone rather than in the hearing.
Compared to the courtroom you might see on TV, a social security hearing is likely going to feel very informal. The judge will likely ask you questions directly. They could be about anything ranging from your daily life to the nature of your injury to the type of work you were doing before the onset of your disability. There are very few limits to the kinds of questions the judge can ask you, so it’s best to be prepared for anything. You may be surprised about what kinds of evidence are allowed in a Social Security Disability hearing as the rules are very different than they are for other court proceedings.
The most important thing you can do when undergoing a Social Security Disability hearing is to find an experienced attorney who can help you through the process. The mish-mash of regulations surrounding a Social Security Disability hearing are complex and don’t follow a logical structure. Having an experienced attorney who can guide you through the process will ensure that you fully understand the proceedings. Don’t go into a hearing alone, make sure that you have an attorney who’s fighting for you and your rights.
After a work injury, you might be chomping at the bit to return to work, and you’re not alone. Whether it’s because you’re ready for your regular paycheck, or because you’re bored with recovering at home or maybe simply because you miss your job, there are many reasons to want to head back to the workplace. I’ve had many clients who are worried about returning to work too soon. In terms of workers’ compensation, what does it mean to return to work? Will it hurt my case?
There are two ways you can return to work:
The difference between these two has to do with restrictions. Return to work (Form 28) is when you return to work without work restrictions. On the other hand a trial return to work (Form 28T) is required when you’re returning to work with restrictions.
Each of these scenarios will have different implications on your case; therefore, we recommend you seek an experienced attorney for advice. We’ll be able to look at your case specifically and decide exactly which course of action is best for you. The attorneys at Oxner + Permar are dedicated to ensuring that you receive the benefits that you deserve. And with over $275m in awards and settlements, we have the experience to know exactly which steps are best for your case.
