This is it. You’re at the breaking point. Your workers’ compensation benefits have been unfairly denied and your employer and their insurance adjuster are refusing to negotiate with you. You’re ready to get the benefits you deserve. You’re ready to start taking legal action.
At this point, I find the first questions many clients have are “Am I suing my employer? The insurance company? Both?” When it comes to a workman’s compensation case, you are technically suing both your employer and the insurance company.
However, the insurance company is the “paying” party. This is because your employer’s responsibility lies in paying the workers’ comp premiums to cover their employees in the first place. When you are injured at work, your employer’s workman’s compensation insurance covers your medical expenses and time missed from work. They also make the call on whether or not they can compensate you.
That’s why Oxner + Permar deals directly with the insurance company — not your employer. We work with you to make sure that you are getting the benefits and the settlement that you deserve. You are entitled to a settlement at the end of your treatment, and that treatment will be paid for by the insurance company with the consent of your employer.
Disability checking can be a critical lifeline for people with disabilities. If you’ve suffered a work injury and you’re out of work, receiving temporary total disability checks may be all that’s keeping food on your table and the electricity running. Knowing you’ll be receiving weekly checks is a huge relief. However, how long does it take for disability checks to start coming in?
When the check doesn’t come in immediately, it can be a source of anxiety. When the first day goes by, and you haven’t received your workers’ comp check yet. “That’s okay,” you think to yourself. “It’s only the first day. It’s not unusual to wait a couple of business days to receive a check.”
But then after two or three days, you begin to worry. And after six days, you’re beginning to wonder if your check will ever come. But don’t panic yet. Your check is coming. In fact, this is completely normal: There is a seven-day waiting period before you receive your workers’ comp check from your employer.
However, just because it takes a week for the insurance carrier to start paying your workers’ compensation benefits, doesn’t necessarily mean you won’t get paid for that time. If your work injury results in a disability or inability to work for more than 14 days, then the insurance company is supposed to pay you for the original seven-day waiting period.
If the insurance company refuses to pay you for that time, you should contact an experienced attorney to find out what action you should take next. It may just be that they haven’t sent your check yet. Unfortunately, this can happen, and as long as they get the check to you within the proper window, they won’t be held accountable for your late check.
Have you been injured in an accident and are you waiting for your medical evaluation so you can find out what your impairment rating will be? Impairment ratings are important because they determine how much money you receive for that particular injury. However, do you have to rely on your first impairment rating or is there another option?
One of the most important things that I tell my clients when discussing their workers’ comp cases is, “You are entitled to a second opinion on your impairment rating.” I want to make sure that my clients know that they are not stuck with their initial impairment rating. If you feel that your impairment rating is unfair then you are entitled to a second one.
Not only are you entitled to a second opinion, but you are also entitled to a second opinion from a doctor of your choosing. Some insurance companies may try to suggest another doctor for you to visit, but you don’t have to listen. You can find a doctor you trust and with whom you are comfortable.
In order to receive a second opinion, you will first have to get written permission from your employer. You should include the name and address of the physician you wish to see. If your employer denies your request, there is another option. In this case, you will have to appeal to the North Carolina Workers’ Compensation Commission. If they feel it is fair, they will order the insurance company to grant your second opinion request.
Your workers’ compensation benefits are dependent on your impairment rating. Therefore it is important to make sure that it is accurate. Your benefits need to cover your medical expenses, and if you are injured more severely than you were initially rated, you could end up paying for your treatment out of pocket. Don’t let the insurance companies give you less than you deserve.
The holiday season is finally over. For many of us, it’s the busiest time of the year. Between our own personal holiday celebrations and the uptick in the amount of work, the holidays can feel absolutely non-stop. It’s also the time of year when many companies have holiday parties. Depending on who you are and how you feel about socializing at work, this could either fall on the celebration or non-stop work side of things. But what about in the eyes of workers’ compensation? Do these parties fall under the category of work or play? Does workers’ comp cover a holiday work party?
In North Carolina, workers’ comp covers you when you are “performing the duties of employment.” This means anything from the daily tasks of your job to special errands you do for work (for instance if your boss asked you to run to the store to buy coffee). So does the holiday party fall under “the duties of employment”?
Unfortunately, there isn’t really a yes or no answer. If you’re injured at a work party, workers’ comp is going to evaluate your situation. Some of the things they might take into consideration are:
Workers’ comp is even flexible with what it means to be required to go to the party. For instance, your boss might not directly tell you that you have to go to the holiday party; however, if it’s implied that you must go and that you will face consequences for not attending, chances are that you could be covered by workers’ comp benefits.
Are you out of work because of an injury? Maybe you slipped and fell, or got in a car accident and the medical bills emptied your pocket. Depending on the extent of your work injury, you might not be able to return to work right away.
This could put you in an incredibly difficult situation. You’ve got bills to pay, groceries to buy, and now additional medical expenses to cover. How can you possibly focus on your recovery when you have so much else on your plate? It’s frustrating that life can give us these curveballs, but there is hope!
The good news is, NC law takes this into consideration. If you are unable to return to work due to your work injuries, the insurance company has to pay your workers’ comp benefits at a rate of two-thirds of your weekly wage.
It may happen that you are able to return to work, but due to work restrictions from your injury, you can’t return to your full job. In these cases, chances are you will be assigned a different role at lower pay. This can be just as hard on your budget as no pay at all, which is why workers’ compensation benefits will cover two-thirds of the difference between your old salary and your new salary. This will help alleviate the financial burden brought on by your work injury.
Your weekly salary is determined by your regular income; it also takes into account additional wages such as bonuses, overtime, and allowances. If you have any questions about calculating your weekly wages or your workers’ compensation benefits, don’t hesitate to contact an experienced attorney. The insurance company may be responsible for paying a portion of your lost wages.
