Unless you’ve been living off the grid or trapped under a rock, most of us have heard statements such as, “Most workers’ compensation claims are bogus!”, “Workers’ Compensation reform is necessary because so many claims are fraudulent.” and “All those fraudulent workers’ compensation claims are driving up employers’ workers’ compensation rates.” Every
Part II of Workers’ Comp & Pre-Existing Conditions: Not the End of the World, but Beware
Having established in Part 1 that pre-existing conditions are not an absolute bar to recovery in workers’ compensation cases, we have arrived at the “beware” part of this discussion. Beware of NCGS §97-12.1. §97-12.1. Willful misrepresentation in applying for employment. No compensation shall be allowed under this Article for injury by accident or occupational disease
Workers’ Comp and Pre-Existing Conditions: Not the End of the World but Beware
I always like to start with good news so let’s start this two-part series with the “not the end of the world part.” Do not let rumors or negative assumptions get you down. Having a pre-existing condition does not prevent you from obtaining workers’ compensation benefits. If you have a pre-existing condition,
North Carolina Workers’ Comp & SSDI: Two Benefit System Puzzle Pieces That Don’t Always Fit Together Easily
A number of people who are injured at work, find themselves out of work for an extended period of time and wondering whether they can draw benefits through workers’ compensation and social security disability. The short answer is maybe, but it’s complicated. First, is the issue of eligibility requirements. Generally speaking, it is easier
Working from Home or A Hybrid Working Environment – North Carolina Workers’ Compensation Implications
As the COVID-19 public health crisis developed, many North Carolinians found themselves working from home either, as a result of voluntary safety initiatives of employers or executive orders of Governor Cooper. Today, as COVID-19 metrics improve in North Carolina, a significant number of North Carolinians still find themselves working from home or
North Carolina Workers’ Compensation Claims: Can I Choose My Own Doctor?
This seems like such a simple question. In fact, it is in the form of a “yes” or “no” question. However, the answer isn’t a simple “yes” or “no.” The answer is, yes, under certain extremely limited circumstances, so in reality, rarely. Let’s break this down and dig into the specifics behind
Essential Employees & Hazard Pay
With massive segments of the nation shut down due to the COVID-19 pandemic, many employees continue to provide vital services to our communities. These essential employees are heroes in the truest sense of the word. They include our healthcare providers, first responders, police, firefighters, truck drivers, social workers, grocery workers, factory workers, and
Can an Employer Fire You If a Workers’ Compensation Claim is Filed?
Question: “I’m afraid my employer will fire me if I file a workers’ compensation claim, particularly if I hire an attorney to represent me, what should I do?” This is a great question and a common concern. Employers are either self-insured or have workers’ compensation insurance to ensure benefits are available to
What To Do If Injured At Work Then Laid Off Due to COVID-19
Question: “I was injured at work and kept working because my employer had light duty available but my boss says he is laying me off/letting me go because of less work being available due to the Coronavirus/COVID-19. Can I start collecting weekly workers’ compensation benefits now?” Answer: The answer is, it depends. Prior
If I Get COVID-19 Through My Work, Am I Eligible For Worker’s Compensation Benefits In North Carolina?
If you contract COVID-19 from a co-worker or through being exposed to someone else who has it at work, you may be eligible for workers’ compensation benefits in North Carolina. Not everyone who contracts COVID-19 through exposure at work will be eligible for workers’ compensation benefits. Eligibility for benefits is dependent upon the particular