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| Charlotte, NC Workers Comp Attorney |
| Do I need a lawyer? When an employer denies benefits or determines to unexpectedly terminate benefits, an experienced workers compensation attorney is needed. The Davidson Law Firm, P.C. offers experience and personal service in handling these complex and personal benefit disputes. Contact the Charlotte Workers Compensation Attorney at the firm for a free initial consultation. Or Click Here to View Our Workers Compensation Resource Guide!!! |
| Workers Compensation Frequently Asked Questions |
| The Davidson Law Firm, P.C. A Charlotte Workers Compensation Law Firm |
When should I report an injury by accident or compensable
occupational disease to my Employer?
The short answer is as soon as possible. Even if you believe it is minor
injury that will not require any major medical attention or time out of work,
you should still report it to a supervisor and have them fill out an accident
form. Many denied cases arise because the worker does not timely report
the injury and the employer tries to blame the injury on another cause.
Technically, the employee should give written notice of the accident to
their employer within 30 days. However, this legal requirement may be
waived if the employer has actual notice and is not prejudiced by the lack
of written notice.
There is a difference for notifying employers of an occupational disease.
Employees must be told by competent medical authority that they have a
disease caused by their job or occupation. Once they are told by
competent medical authority that they have an occupational disease, they
have 2 years from their date of disability to file a claim. As a practical
matter, it is always better to file a claim earlier rather than later. If you
have a question regarding whether to file a claim for an occupational
disease, you may want to consult an attorney experienced in workers
compensation law.
What should I do if an insurance adjuster wants to take a recorded
statement after I file my notice of accident?
Usually, employers will send information regarding an employee’s injury by
accident to their insurance carrier for further investigation. If the injury is
clearly an injury by accident such as an employee running and tripping on
piece of wood and breaking their leg, there may not need to be an
investigation. This is often the case when there are witnesses to the
accident. However, there are many cases where the employee’s account
of how the injury occurred may determine whether or not the employer and
insurance carrier agree to find the injury compensable.
If an insurance adjuster calls an injured worker to take a recorded
statement over the phone, the employer is trying to determine whether or
not the injury is compensable. If the employee assumes that all injuries
which occur on the job are compensable, they may misstate or answer
questions during a recorded statement that could hurt their case. This is
very critical since a recorded statement cannot be undone and can result
in a denied claim. If you have an insurance adjuster asking you to consent
to a recorded statement, you may want to consult an attorney experienced
in workers compensation law.
When should I start receiving medical and/or weekly benefits after
I report my injury and it is found to be compensable by my
Employer?
The employer should send the injured employee to seek medical attention
as soon as possible. In emergency situations, the injured worker should
be sent to a local emergency room. In less serious but still urgent
situations, the employer may send the employee to an urgent care center
such as Pro-Med. If the injury does not resolve quickly, the injured
employee will often be referred to specialist depending upon the type of
injury.
Weekly indemnity benefits for time out of work do not start until an injured
worker has been out of work for more than 7 days. If a worker ends up
being out of work for more than 21 days, then the employer must go back
and pay benefits for the first 7 days. An employee is allowed to use paid
vacation or sick days for the first 7 days if they are entitled to them.
How is the amount of my weekly benefits determined
mathematically?
In general, the employer takes the average weekly wage of the employee
for the 52 weeks of employment prior to the accident and pays 66 2/3% of
the average weekly wages before tax wages. In other words, the average
weekly wage is calculated using gross wages before deductions are made
for taxes, medical benefits and retirement benefits. If the employee has
missed more than 7 days of work during the past 52 weeks, these periods
of time are deducted out of the equation. There are a total of 5 ways that
average weekly wages can be calculated and it can be tricky when you
have seasonal, short-term or part-time employees. However, the main
goal in computing average weekly wages is to most nearly approximate the
amount which the injured employee would be earning were it not for the
injury.
What if I am able to return to work either part-time or working in
modified job position and my employer pays me less money?
If an injured worker returns to work for their employer or another employer
in a different position or part-time position due to their injury, they are still
entitled to receive workers compensation benefits. However, they are only
entitled to receive 66 2/3% of the wages they were earning prior to the
injury compared to the wages they are earning after the injury. These
wages are calculated and paid on a weekly basis. An injured worker is
entitled to earn partial temporary disability benefits for a total of 300 weeks
after the date of injury.
What if I am never able to return to work due to my injury and other
factors such as my age and education level? Do my disability
benefits run out at certain point?
If an injured workers in unable to return to work in ‘suitable employment’
due to their injury, then weekly disability benefits will continue to paid on
weekly basis. There is no artificial cap on benefits after a certain number
of weeks or a certain age. However, an injured worker has an affirmative
duty to seek ‘suitable employment’ if they are unable to return to work with
their employer.
‘Suitable employment’ is defined as ‘employment in the local labor market
or self-employment which is reasonably attainable and which offers an
opportunity to restore the worker as soon as possible and as nearly as
practicable to pre-injury wage, while giving due consideration to the worker’
s qualifications (age, education, work experience, physical and mental
capacities), impairment, vocational interests and aptitudes.
A vocational rehabilitation professional may be assigned to work with an
injured worker to try and find suitable employment. A vocational
rehabilitation professional will do a vocational assessment and develop an
individualized vocational plan for an injured worker to return to suitable
work. It may be necessary for the injured worker to further their education
or job skills in order to find suitable employment. This may include taking
computer classes, getting a GED, taking community college or vocational
classes or completing a college degree.
However, if due to the severity of the injury, an injured workers’ advanced
age, lack of education, lack of job skills and other factors, an injured may
be totally and permanently disabled. If an injured worker is unable to find
suitable employment due to his injury and other factors, the employer must
continue to pay an injured worker weekly benefits indefinitely. In this
situation, an employer and employee may seek to settle the claim for a
lump sum amount of money to end the claim. It is always wise to consult
an experienced workers compensation attorney before settling a worker
compensation claim, which will end the worker’s right to further benefits.
What if I am an illegal alien? Does this bar my right to workers
compensation benefits?
No. Illegal aliens are still employees entitled to workers compensation
benefits. There is still an employee-employer relationship and the
employer is still legally bound to pay illegal aliens for compensable workers
compensation injuries.
What if I signed a contract with my employer that states I am an
independent contractor and not an employee? Am I still entitled to
workers compensation benefits?
If there is an employer-employee relationship, then the contract will not be
binding and you will still be entitled to workers compensation benefits. An
employer-employee relationship will be determined by common law, not
contracts written by the employer. If the employer controls the way the
work is done, the time and hours worked, whether the worker can use
helpers, can fire the worker if the work is not done a certain way, then the
worker is likely an employee and not an independent contractor. If you
find yourself in this situation, then you should probably consult an
experienced workers compensation attorney.
What would happen if I died in a work related injury? Would my
family get any benefits?
Yes. Your total dependents, which typically is your spouse and minor
children, would be entitled to 400 weeks of workers compensation benefits
in addition to $3,500.00 in burial benefits. If you do not have total
dependents, then it goes to partial dependents or next of kin.
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| If you need assistance with workers compensation or social security disabilitys, contact Charlotte Workers Compensation Attorney, The Davidson Law Firm, P.C. today! |
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| THE DAVIDSON LAW FIRM, P.C. Charlotte, North Carolina |
The Davidson Law Firm, P.C.
11111 Carmel Commons Blvd
Suite 130
Charlotte, North Carolina
28226
Phone: 704.540.5154
Fax: 704.749.8750
11111 Carmel Commons Blvd
Suite 130
Charlotte, North Carolina
28226
Phone: 704.540.5154
Fax: 704.749.8750