Will I Have to go to Court for My Workers’ Compensation Case?

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Emergency & Hospital Sign | Workers' CompensationNot technically. However, you may have to go in front of the group who hears workers’ compensation claims in North Carolina called the Industrial Commission. Workers’ Compensation is a unique area of law. Unlike other areas of the law, if you have a workers’ compensation claim you do not go in front of a jury or even a traditional judge. The current workers’ compensation laws were developed to keep claims of injured workers out of the court.

One of the main reasons that the Workers’ Compensation Act keeps work injury claims out of the traditional court system is to increase efficiency in handling injured workers’ claims. Someone injured in a car accident or by a medical doctor may have to wait years until their case goes in front of a judge or jury. The government understood that someone working to provide for their family cannot go that long without a reliable income. Therefore, when someone is injured on the job in North Carolina they have their workers’ compensation case go in front of one of the Industrial Commission’s Deputy Commissioners if it does not settle beforehand at mediation. The Deputy Commissioner is similar to what most people think of as a judge in regular court.

This hearing in front of one of the Deputy Commissioners of the Industrial Commission will be very similar to a trial, though. We will present your case to the Deputy Commissioner using exhibits, witness testimony and they will eventually hear from your treating physician by way of depositions.

The Deputy Commissioner will review all of the exhibits and testimony, including the treating physician’s deposition, and make a determination on compensability.

Can I File Bankruptcy for Someone Else If I Have a Power of Attorney For Them?

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Situations often arise where a potential bankruptcy client is hospitalized, out of town or out of the country, or otherwise unable to sign the necessary paperwork or appear at the necessary court dates for a bankruptcy filing. Often, these potential bankruptcy clients have a valid Power of Attorney document allowing a loved one to sign important papers on their behalf. The question is, can a loved one use a Power of Attorney to file a bankruptcy on behalf of another person?

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Generally, most Power of Attorney documents are drafted using standard language that includes real property transactions, banking transactions, insurance transactions, etc. Most Power of Attorney documents do NOT, however, include “bankruptcy transactions.” In North Carolina, and in many other courts, the Bankruptcy Court will only accept a Power of Attorney if the Power of Attorney document specifically names “bankruptcy” as an included transaction. In other words, if the document does not say the word “bankruptcy filings and related matters” or similar language, then the Bankruptcy Court will not accept the Power of Attorney and the bankruptcy will be dismissed.

Mother and Daughter | Power of Attorney

An example of this would be the following case: An elderly couple has fallen behind on their mortgage payment. They have lived in their house for almost fifty years and have refinanced a few years ago. Due to circumstances involving hospital stays and nursing home stays, the couple has been unable to make their mortgage payment and the house is in foreclosure. In order to save their home they are considering filing for a Chapter 13 bankruptcy. The couple’s daughter is the Power of Attorney for both the mother and the father. The mother’s Power of Attorney document specifically includes the words “bankruptcy filings” but the father’s Power of Attorney does not. The daughter, as the Power of Attorney for both her mother and father, files a joint bankruptcy petition on their behalf in order to save the home. It is likely in this case that the father would be dismissed from the bankruptcy because the language in his Power of Attorney document did not include the word “bankruptcy.”

If you or a loved one is considering bankruptcy and/or considering having a Power of Attorney document created, it is important to include bankruptcy in the Power of Attorney document. You will need to speak with the lawyer preparing the Power of Attorney document to ensure that the necessary language is included.

If the Power of Attorney document has already been created and does not include the proper language, there are a couple of options. First, a new Power of Attorney document could be created that includes the proper language. Second, you could speak with a bankruptcy lawyer about how the bankruptcy could be filed without a Power of Attorney. This option would require the presence and competence of the actual debtor.

Who is a Bankruptcy Trustee and What Do They Do?

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A trustee is an individual appointed by the federal government in charge of overseeing bankruptcy proceedings. Chapter 7 bankruptcy and Chapter 13 bankruptcy trustees are usually bankruptcy attorneys or accountants.

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How Often Can I File Bankruptcy?

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How often you can file a bankruptcy depends on a few things: what type of bankruptcy you filed in the past, when you filed your previous bankruptcy, and were you discharged or dismissed from your previous bankruptcy.

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Work Injuries Covered Under Workers Compensation Laws

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Workers Compensation is a government system set up to provide support to employees that have been injured “on the job” or in the scope of their employment. It’s important to know which types of injuries are covered by workers’ compensation laws.

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What is the Difference Between Secured Debt and Unsecured Debt?

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Knowing the difference between these two debts can be extremely useful in determining which type of bankruptcy will work best for you. In order to file a Chapter 7 bankruptcy, you must be current on all house and car payments in order to keep them. A Chapter 7 bankruptcy will wipe out any unsecured debt. A Chapter 13 bankruptcy, on the other hand, is what’s known as a repayment plan.

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Workers’ Compensation Timeline

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The typical worker’s compensation case varies depending upon the facts of the case. Usually the employee is injured on the job by an accident. There are six common steps to handling a workers’ compensation claim.

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