North Carolina Workers' Compensation Lawyers Blog

In a recent article, the magazine Claims details an egregious example of abuse by two supervisors who had been responsible for enforcing the Workers' Compensation program at a paper manufacturing facility in California. The two supervisors eventually pled guilty to charges that they had denied benefits related to legitimate workers' compensation claims. Injured employees alleged that the supervisors drove them to a "company doctor" who was not really a doctor; remained in the examination room while the workers were being examined; and tried to influence the evaluation of the workers' conditions and the treatment prescribed by the "doctor." The supervisors, who are now awaiting sentencing, also apparently succeeded in dissuading a number of employees from ever filing workers' compensation claims.

In a recent decision (North Carolina Insurance Guaranty Association v. Board of Trustees of Guilford Technical Community College), the Supreme Court of North Carolina stated that "The legislative intent behind the Workers' Compensation Act has always been to provide workers secure, timely compensation." Thus, if you have been injured while on the job in North Carolina, or while working for a North Carolina-based company, you should pursue your rights confidently. You have the right to an impartial evaluation of your medical condition. In most circumstances, you should be compensated for your medical treatment and, if necessary, receive disability payments if a doctor orders you to take more than a certain number of days off work.

Continue reading "Pursuing Workers' Compensation Claims in North Carolina" »

If they are denied necessary treatment for job-related injuries, workers in North Carolina may file a Motion to Compel Medical Treatment under North Carolina's Industrial Commission's Workers' Compensation Rule 609(a)(1). For such motions, North Carolina's Industrial Commission has adopted an Expedited Motions Procedure, which begins with an initial administrative review. The decision that results from that review may then be appealed to a Deputy Commissioner; under the expedited procedures, such appeals should generally be completed within 30 days. However, the Deputy Commissioner's decision is itself subject to an appeal before the full Commission. Appeals before the full Commission should be completed within an additional 30-45 days.

Therefore, a worker whose claims for treatment or other medical-related requests are contested may face several months of proceedings before a final determination is made on the requests. Issues addressed through this process include the denial of requested treatments, the selection of a physician or a treatment provider, or a requested change of the provider of treatment.

Continue reading "Expedited North Carolina's Workers' Compensation Procedures" »

If you have suffered a job-related injury, you should contact an experienced North Carolina personal injury attorney who can first determine whether you should file a Workers' Compensation claim or pursue a different remedy.

Workers who seek to receive compensation for injuries suffered on the job or as a result of their work in North Carolina must file a "Notice of Accident to Employer and Claim of Employee" (Form 18) with the North Carolina Industrial Commission. The workers must generally give written notice of the accident within 30 days of the accident occurring. However, if they file notice late, they may still be able to pursue their Workers' Compensation claim--if they can provide a reasonable excuse for the delay.

For example, in a recent case, the injured employee testified at a hearing in front of the full Commission that he had initially thought that his injury was minor and would get better on its own; however, when time passed and he realized that he in fact had suffered serious harm, he filed written notice, even though months had passed since the injury had occurred. The North Carolina Industrial Commission determined that in that case the excuse for the delay was "reasonable," because the employee gave written notice as soon as he reasonably knew the extent of the injury.

However, even if the commission determines that the worker provided a reasonable excuse for failing to give written notice within 30 days of the accident, the claim will not be allowed to proceed if the Commission determines that the delay "prejudiced" (i.e. harmed) the employer. There are two ways in which the employer may be prejudiced by the delay: first, if the delay makes it more difficult for the employer to investigate the facts of the accident, or, second, if the employer can show that its costs would have been lower had the employer been given a chance to provide treatment for the employee's injury without delay.

If the Industrial Commission determines that the excuse provided by the employee was reasonable, it is the employer's responsibility to prove any prejudice that may have arisen from the delay; otherwise, the worker's claim will be allowed to continue.

Continue reading "Protecting Your North Carolina Workers' Compensation Rights by Filing Written Notice of Accident" »