Form 28C in regards to workers’ compensation is entitled “Report of Employer or Carrier/Administrator of Compensation and Medical Compensation Paid Pursuant To a Compromise Settlement Agreement”. Try saying that three times fast! A Form 28C is filed after the case has been settled between the client and the employer / insurance company and addresses the issue of when the settlement check(s) will be issued.
Under N.C. Gen. Stat. § 97-18(e), the employer/administrator has 10 days to provide compensation to the plaintiff, although under N.C. Gen. Stat. §97-18(g), an additional 14 days can be granted. Finally, once the check has been issued/mailed to the claimant, Form 28C is filed with the Industrial Commission that clearly states the date when the settlement check was issued and the total amount. This is to protect the carrier or administrator from a future lawsuit if the claimant attempts to say they didn’t issue their settlement proceeds within the 24 days. Again, it’s important to remember that this form is filed with the Industrial Commission after the compromise has been reached by both parties.
The decision to hire an attorney is often based on the severity of the worker’s injury. If the injury is limited to a sprained ankle or broken wrist that is expected to heal with limited future medical treatment, the employee may choose not to hire an attorney to represent him in the workers’ compensation claim. However, employees that suffer back injuries, head injuries or traumatic injuries to a limb will usually benefit from hiring an attorney to assist with the workers’ compensation case.
The amount of a workers’ compensation settlement may vary greatly depending on the case. The settlement is limited by North Carolina law and depends on the severity of the injury and the body part(s) injured in the accident.
When you are involved in an accident that occurs on the job, there are a number of necessary worker’s compensation forms that need to be completed and then submitted to the appropriate office. One of these forms is called Form 30D.
A Form 42 is an application for Appointment of Guardian Ad Litem, a person the court appoints to represent the best interests of a child or someone who is incompetent in a case. This form is used when a plaintiff in a case is an infant or an incompetent person that has no general or testamentary guardian (A person named in a will to serve as a guardian).
In the state of North Carolina, the average weekly wage is controlled by North Carolina General Statute 97-2(5). There are several methods used to determine the average weekly wages. The most common method to calculate the wages are to use your wages earned for the prior year divided by the number of weeks that you have worked. Wages earned will include overtime, tips, bonuses, per diem income and housing income.