For many North Carolinians, medical treatment centers may not be conveniently located. If you live out in the country, you could end up driving miles into the city every time you need to visit your doctor — And as we’ve mentioned before on our blog, frequent visits with your doctor can be incredibly important for maintaining your benefits. All that driving will be putting extra miles on your car, not to mention the additional money you’ll have to pay in gas.
The good news is that if you have to travel 20 miles or more round-trip for your medical treatment, you may be entitled to compensation for your mileage. This includes travel completed during the first seven days following your accident, when compensation for work is not yet due.
In order to claim compensation for travel, you must file a Form 25T with the North Carolina Industrial Commission to track your medical mileage. It is important to keep track of your mileage to ensure you are properly compensated. North Carolina adjusts the rate of reimbursement each year, so you may receive a different amount based on when you had to travel. As of January 1, 2016 the rate is $0.54 per mile.
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.
If you sustain an injury at work, you may have a nurse case manager appointed to your case. Many of my clients are unaware of the role of a nurse case manager, and many of them have never even heard of one until they begin their workers’ compensation case. A nurse case manager is a neutral third party in your case. They don’t work for the insurance company, nor are they a part of your medical team. It is their job to report information on your condition to the insurance carrier, the hope being that doing so will speed up your case.
It’s important to understand that a nurse case manager is supposed to be objective. Everything you say to them will be reported to your insurance provider. Therefore, be careful: Don’t say anything that could be misconstrued or harmful to your case. We recommend looking over all of the notes that your nurse case manager passes along, and make sure to dispute any discrepancies. You should be receiving copies of these notes. Moreover, your nurse case manager should not be speaking to your doctor if you are not present.
If you feel that your nurse case manager is acting in a way that is harmful to your case, or representing you in an unfair light, be sure to contact an experienced attorney to help you negotiate with them. You should always tell your attorney if you feel that your nurse case manager is not protecting your rights (for example, if they are not providing you with copies of their correspondences or attempting to speak with your doctor without your presence).
Recently, I had a client who inquired about permanent partial disability. They were curious about what it was and whether not they would qualify for it. I thought I’d pass along that information, as it might be relevant to you as well and others who are unfamiliar with permanent partial disability.
Essentially, permanent partial disability is used to compensate for permanent physical damage sustained during a work injury. Here, “partial” refers to the fact that you still have some use of the injured body part. In other words, you still have some functionality, but the benefits cover the injuries that have prevented your body from returning to the functionality it once had.
A doctor will determine the amount of disability using a scale of 0 percent to 100 percent. 0 percent means that there is no permanent injury at all. 100 percent would mean you have a permanent and total disability. Injuries that range from 1 percent to 99 percent are eligible for benefits.
You are eligible for permanent partial disability regardless of whether or not your injury prevents you from performing your old job. The reasoning is this: With permanent partial disability, you are being compensated for your loss of ability in your injured body part rather than for your ability to work.
Compensation is calculated at 2/3 of your regular weekly salary, based on your last 12 months of employment with your current employer. However, it’s worth noting that compensation is capped at $816 per week.
After you’re injured on the job, we know that funds can be tight. From medical bills, to not being able to return to work, to the general expenses of daily life, a work injury can lead to tough financial situations for yourself and your family — leaving you wondering, “When will I start receiving my workers’ compensation checks?”
Under the Workers’ Compensation Act, “no compensation shall be allowed for the first seven calendar days of a disability resulting from an injury.” This means you’ll be waiting at least a week. In this time, we recommend reaching out to an attorney — the sooner the better. In the event that your injury leaves you disabled for more than 21 days, you may be allowed compensation from the date of your disability.
While you are allowed to use sick days or vacation days to cover the first week you’re out of work due to your work injury, you are not required to use this limited resource. Constantly, we see employers and insurers misinforming injured workers about their use of paid time off.
Hiring a lawyer early on in the process will ensure that you’ve got someone on your side who understands all the laws and nuances of dealing with a workman’s compensation case. With more than $275m in settlements and awards, we have the experience to guide you through the workers’ compensation process and ensure that your rights are being protected.
