A Form 26, according to the North Carolina Industrial Commission, is a Supplemental Agreement as to Payment of Compensation (G.S. §97-82).  After you have been receiving your compensation for workers’ compensation, you and your employer can still reach an agreement in regards to supplemental compensation under the article.  Typically a Form 26 is filed only to supplement or amend a Form 21. Should you and your employer reach an agreement, you must submit Form 26 along with the medical and vocational proof as to why the supplemental payment should be allowed.

At that point, your Form 26 along with your required supplemental documentation must be filed and approved with the North Carolina Industrial Commission.  Your form will include the date of the injury, when you returned to work or were rated, date you became disabled, your pay rate as it is now, and what change in pay will occur.  You and your employer will sign the agreement.

Once the Commission approves the agreement, it is fully enforceable.  Payments are then made under (G.S. §97-18(b)) which states that payment is made without prejudice within 14 days from the date that the form was submitted.  Payments are made weekly unless otherwise agreed and approved.

Before signing a Form 26 it is important that you first consult your workers’ compensation attorney. Otherwise, you may sign something that ends up hurting your workers’ compensation case.

When you are having trouble making your house payments, there are options that might work well for you. One of these options is a loan modification. This is when the bank changes your loan so that you have a lower, more affordable monthly payment. Many people who try to obtain a loan modification have been facing delays of all types.

When trying to get a loan modification, there is a lot of paperwork that the lender will need to determine whether you will qualify. Once the documents are submitted to the lender, some people will then get notification from the bank that either they are missing paperwork or that additional paperwork is needed. Another thing that seems to be common lately in the process is the lender telling the homeowner that they have missed a deadline. If that happens, they may even go back to the beginning of the process and start everything over. Typically, that means the homeowner has new deadlines, and has to submit all or some the paperwork over again.

It seems common lately for banks to say that they will not even consider a loan modification if you are current on the payments. They encourage people to stop making the payments so that they will have a better chance of getting a loan modification. Then, after the homeowner is several months behind in payments, the bank denies them the modification and the foreclosure process begins.

Typically, after applying for a loan modification, the lender will put the homeowner on a trial period for a few months at the lower payment amount. Make sure you keep all information pertaining to these payments. It has not been uncommon lately for the lender to either say they did not receive the payment on time or at all, or they do not credit the payment to your account correctly.

So if you are looking into the possibility of modifying your loan, be sure you are prepared for the possibility of long delays and a lot of paperwork. There could be more than one person handling your account, so make sure you write down and keep track of the entire process, including who you talk to, what papers you receive in the mail, what payments you send in, etc. Also, be sure you are persistent and follow up with the bank so you don’t slip through the cracks.

Yes, the insurance company can provide you with transportation to receive medical care that is approved by the insurance company or the North Carolina Industrial Commission. Usually you must provide your own transportation, but the insurance company will reimburse you the expenses.  However, if your injury makes it difficult to drive to and from your medical treatment then the insurance company may be compelled to provide you with transportation by the Industrial Commission.

Currently the North Carolina law requires the worker’s compensation to reimburse you $0.565 per mile as of January 2013. This amount may change as the cost of gasoline changes.  To be reimbursed, your trip must be more than 20 miles round trip. Normally you will not be reimbursed for medication and supplies on a separate trip in which you did not receive medical care.  These medications and supplies must be purchased on the same trip you are receiving your medical care.

Special consideration will be provided to persons that are unable to drive to receive their medical treatments. The worker’s compensation insurance company, on the orders of the Industrial Commission, may provide special transportation for those injured workers, such as a special van for wheel chairs, etc.

In the event you must stay overnight for your medical care, certain expenses are covered.  These are normally hotel rooms up to $45 per day.  You may receive up to $28 per day for food. You can also be reimbursed for parking and cab expense for your medical treatment.  However, you must provide actual receipts as proof of your expenses that will be reimbursed to you.

To be reimbursed for your travel expenses, you must complete, sign, and submit North Carolina Industrial Commission Form 25T and your receipts to the worker’s compensation insurance company for reimbursement. Be sure and keep a copy of the form and your receipts for your own records.

The saying, “The early bird gets the worm” is not always the best advice to take.  For example, if you have already consulted with your bankruptcy attorney and decided that once you file your bankruptcy you will be surrendering your vehicle, giving it up voluntarily before the bankruptcy is filed is not the best decision.  You should wait until you actually file the bankruptcy then give up the vehicle at that time.

Why should you wait?  Simple answer: to help protect your credit from being more affected than it should.  Filing a bankruptcy obviously gives you a major “ding” on your credit, but if you were to turn in your vehicle, the finance company reports that voluntary repossession as a repossession in general and does not specify the type of repossession; there is no way to distinguish on your credit that the finance company did not take the vehicle, but you instead gave it back.  So after filing bankruptcy when you are trying to get your credit back in shape, your credit report will show two “dings”, it will reflect as having a repossession, then a bankruptcy filing. Also, by just giving up the vehicle voluntarily you leave yourself vulnerable for being responsible for the deficiency balance on the vehicle.

If you wait until you actually file the bankruptcy petition then contact the finance company and surrender the vehicle everything goes through the bankruptcy filing.  Therefore your credit is only affected once instead of twice.  Not to mention in some cases the finance company will not even collect the vehicle until they have an Order on Relief from Stay (meaning they have the courts’ permission to actually pick up the vehicle). If you are behind on a vehicle and you are considering giving it back to the finance company, it is strongly suggested that you consult with your bankruptcy attorney as to what is the best course of action for you.

North Carolina Industrial Commission Form 22 is the Statement of Days Worked and Earnings of Injured Employee. This form contains a table wherein the hours worked and wages earned over the 52 weeks prior to the employee’s injury are recorded. If the employee has worked for fewer than 52 weeks prior to the accident, then you must record the hours worked and wages earned for every week that the employee has worked. If extra allowances such as free rent, lodging or board were paid along with any other wages earned, that value must be included as well.

North Carolina Industrial Commission Form 22 must be completed by the employer, as required by the provisions of the Worker’s Compensation Act, in any case resulting in the death of an employee. This form must also be completed in any case where the wages of the injured employee are disputed.  Any employer attempting to falsify this form in order to deny worker’s compensation benefits may face criminal or civil penalties.

Practically speaking, an injured worker may request a Form 22 from the employer/insurance company to help determine what the average weekly wage is. An employee who was injured and believes the insurance company is not correctly compensating them can request the Form 22 to help accurately determine the average weekly wage. If you believe you are not being properly compensated then it is also probably a good idea to talk with an experienced workers’ compensation attorney.

If you are currently in a Chapter 13 bankruptcy, you may receive a copy of a document called a Proof of Claim. This document is important in your Chapter 13 case because it plays a major role in determining which of your creditors the Chapter 13 Trustee is paying.

When you filed your Chapter 13 case, you listed all of the creditors you owe, and the amount you owe to each of them (to your best knowledge). Upon the filing of your case, the bankruptcy court sends a letter to each of those creditors giving them notice of a certain deadline by which they must file a Proof of Claim.

The creditor must then file a Proof of Claim document with the court, stating who they are, how much money you owe them, on what basis is the money owed (mortgage, auto loan, credit card, etc.) and usually they must submit some proof of the debt that is owed. The proof is required because it helps to prevent random “creditors” – who you do not actually owe money to – from filing claims in your case.

The Court then compiles a list of all creditors who have filed a Proof of Claim in your case, and usually the Trustee will send a letter to you and your attorney stating which creditors have filed claims and for how much. You will want to glance at this letter to be sure your mortgage company, vehicle creditor(s), and any taxing authorities you owe money to have filed claims.

If a creditor does not file a claim in time – by the deadline – they are likely not going to be paid any money in your bankruptcy case. If it is an unsecured creditor such as a credit card or medical bill, this is usually not an issue for you because the debt will still be discharged upon completion of your bankruptcy. However, if it is a secured or priority creditor (mortgage for a house you are keeping, vehicle creditor for a vehicle you are keeping, secured loan, taxes, etc.) this can be a huge issue for you. For example, if your mortgage company does not file a claim in your case, they will not be paid any money during your bankruptcy and when your bankruptcy is complete, you will still owe everything you owed them when you filed bankruptcy plus the amount that has accumulated during your Chapter 13 bankruptcy.

As you can see, it is very important for you to review the list of creditors who have filed a Proof of Claim in your case to be sure all creditors who should be receiving money actually are. Your Chapter 13 bankruptcy attorney can help answer any questions you have about your creditors and the Proof of Claims.

If you are behind on your house payments and are considering filing Chapter 13 bankruptcy to save your home, it is important that you find out whether you have forced-placed insurance.

Your bankruptcy attorney may ask you whether your homeowner’s insurance payments are usually included in your mortgage payments (in other words, whether your insurance is escrowed). If your answer to that question is yes, but you are several months behind on your mortgage payments, there are further steps you need to take.

When you fall behind on mortgage payments, the mortgage company is no longer receiving money from you each month to make your homeowner’s insurance payment on your behalf. Therefore, the homeowner’s insurance may lapse due to non-payment. The mortgage company cannot have the liability of a house with no insurance coverage, so the mortgage company will pay for insurance on your behalf. This is called forced-placed insurance because the mortgage company is essentially forcing it onto your home since there is no other insurance coverage on your home.

Why should you be concerned about forced-placed insurance? The reason is that this insurance is generally much more expensive than the insurance you could find and pay for on your own. When your Chapter 13 bankruptcy is filed, the mortgage company will add the forced-placed insurance costs onto the amount you are behind on payments. In the end, this could cause your Chapter 13 plan payment to be higher than necessary.

If you contact your mortgage company and find out there is forced-placed insurance on your property, speak with your Chapter 13 bankruptcy attorney about your options. He or she may recommend that you obtain your own property insurance that you will pay for out of pocket. Your attorney will also remind you to notify the mortgage company with proof of the new coverage when it has been obtained, so the forced-placed insurance can be cancelled.

If you are considering getting a clean slate and filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy in North Carolina, you have probably heard that bankruptcy will “ruin your credit for 10 years.”

Fortunately, this is not true – as long as you are taking the necessary steps to care for your credit post-bankruptcy.

What is true is that when you file bankruptcy, the bankruptcy will stay on your credit report for seven to ten years. This means that for at least seven years from the date your bankruptcy case is filed, bankruptcy will show on your credit report. After seven years from the date you filed, you can contact the credit bureau to request the bankruptcy be removed, but they are not required to remove it until ten years have passed.

However, just because a bankruptcy shows on your credit report, does not mean your credit is ruined for ten years.

Your credit score will likely be impacted by the bankruptcy for the first two or three years immediately following your bankruptcy filing. After that time, it is important for you to work on rebuilding your credit, even though the bankruptcy is still showing on your credit report. By working on rebuilding your credit while the bankruptcy is still showing, you are taking important steps to ensure your credit is not “ruined” for ten years. If you are in Chapter 13 bankruptcy, however, be sure to talk to your attorney before you incur any new credit or debt.

After two or three years following your bankruptcy filing, if you have been working on rebuilding your credit, you will begin to see your credit score increase again. It is important to remember that the bankruptcy is similar to a wound – it will not heal overnight, and it takes diligence, time, and care to completely heal. Eventually, that wound will turn into a scar and can still be seen but is not painful. Just like after two or three years the bankruptcy will still be visible on your credit report but will not have a big impact on your actual FICO credit score. By caring for your credit and taking the necessary steps to rebuild it during the seven to ten years it is reflected on your credit report, you will ensure that the bankruptcy gives you a true clean slate – and that it does not ruin your credit for ten years.

Just be patient, and remember that your credit score will not improve overnight. You will need to review any and all post-bankruptcy credit offers carefully, to be sure the interest rate is not outrageous – you certainly don’t want to end up with a debt that will haunt you for years.

For more information on filing bankruptcy, contact us for a free consultation.

The North Carolina Industrial Commission’s Form 21 is the Agreement for Compensation for Disability. This is the form that will be generated after an agreement for payment has been reached with your employer if you have reached a settlement with your employer but need to keep your claim open in case you need further treatment.

Form 21 details the agreement you have reached with your employer and gives you the opportunity to pursue further compensation at a later date; however, there are certain deadlines under which you have to file a claim for further compensation.

The Form 21 is to be completed and must be signed by both the employee and the employer. On the form you will detail the date and nature of the injuries received, your average pay at the time of the accident, and the agreed upon amount and structure for payments to the employee.

Once your agreed-upon compensation checks have stopped, you have two years to file a claim for further compensation from your employer. If more than two years have passed since you received your last compensation check, any claim to further benefits may be lost.

What if you are injured at work and your employer or their insurance provider want to know from the doctor the status of your injury? One of the ways they can do this is by simply requesting the treating physician to fill out a Medical Status Questionnaire to the physician. This is a form that allows them to ask specific questions regarding your diagnosis and/or prognosis. The employer/insurance provider will also need to attach a description of your position with them, as that may be necessary for the physician to consult for the answers to some of the items. They can also request from the physician that they include the answers on the form itself, in medical notes or in a letter to the employer or their insurance provider. Of course, if the physician does not have enough information to have an opinion on any of the items, they are not required to answer them. The medical status questionnaire can be found on the North Carolina Industrial Commission’s website.

Most of the items that are included in the questionnaire pertain to when the employee will be able to return to work and what, if any, limitations the employee will need when they return as a result of the injury. The diagnosis is one of the first pieces of information requested. The next set of questions are very important to your workers’ compensation claim. They ask the doctor if it is their belief that the job duties at work either caused or aggravated your injury.

The next few items inquire about any additional medical conditions that the employee may already have that are affected or worsened by the new injury, what the treatment plan for the work place injury is and whether any medications prescribed for the injury may affect judgment or ability to perform certain jobs. If the employee is able to return to work doing the same job as before the injury occurred, the next two items on the questionnaire are not necessary and the physician is instructed to skip to the last question. If the employee is not able to return to work at the same job description, the physician must provide the restrictions that will be needed when the employee returns to work and how long the restrictions will be necessary.

The questions that are included in the medical status questionnaire are the only items that are allowed to be asked by the employer or insurance provider directly to the physician. The employer or their insurance providers are not required to ask all of the questions that are included on the form. There is a place for them to check which items they need to be addressed, which may or may not be all questions on the form. They also do not have to have permission from you (as the employee) to have the physician fill out this form, as stated in North Carolina General Statute Section 97-25.6 (c)(2). Once the form is filled out, the physician must provide the responses to the employer or their insurance provider and the employee and his or her attorney or other representative.