Workers' Compensation Archives

Workers' Compensation

Is Post Traumatic Stress Disorder (PTSD) Covered by Workers’ Compensation?

May 22, 2012

Yes! Post traumatic stress disorder (PTSD) is considered an occupational disease which is covered under the North Carolina Workers’ Compensation Act.The North Carolina Supreme Court has required three elements in order to prove that a injury is an “occupational disease” including PTSD. They are as follows: (1) The disease must be characteristic of and peculiar … Read more

Workers' Compensation

Can I Recover Workers’ Comp Benefits if I Had a Heart Attack at Work?

March 6, 2012

Like many areas in the law, it depends. If the heart attack occurred during your normal work activities, usually the heart attack injury is not compensable under North Carolina workers’ compensation laws. For the injury to be compensable, the worker must show the heart attack was caused by some unusual or unexpected event and was … Read more

Workers' Compensation

If I Become Depressed Due To An Incident on the Job Can I Collect Workers’ Compensation Benefits?

February 1, 2012

Depression caused by an accident or incident on the job is usually compensable. However, there must be a medical doctor or a licensed psychologist opinion that the depression was caused by the incident or accident. You cannot claim you feel depressed without a professional opinion substantiating the claim of clinical depression. For example, a new … Read more

Workers' Compensation

Can I Collect Workers’ Compensation If I Get Injured In the Parking Lot Of My Employer?

January 30, 2012

Generally speaking, it may be difficult to receive a workers’ compensation benefits if you are injured in your employer’s parking lot. However, there are some exceptions. There are several conditions that must be met for you to receive workers’ compensation benefits for an injury that occurred in your employer’s parking lot. If you are injured during the … Read more

Workers' Compensation

Can I Collect Workers’ Compensation Benefits If I’m Injured On the Way To Or From Work?

January 27, 2012

Generally, injuries sustained going to and from work are not compensable as a workers’ compensation injury. However, there are a few exceptions to this general rule. The following is a list of injuries that may be compensable under workers’ compensation. First, if the injury occurred on the premises of the employer as the employee is … Read more

Bankruptcy Basics

Must I Get the Court’s Permission To Settle A Workers’ Comp or Personal Injury Claim While In Bankruptcy?

January 18, 2012

If you have filed or will be filing a workers’ compensation or personal injury claim, be sure to tell your bankruptcy attorney so your potential settlement can be listed and protected in the bankruptcy. If it is not listed and protected in your bankruptcy, you could lose the money received in the settlement. If you … Read more

Bankruptcy Basics

Are Workers’ Compensation Benefits Protected in Bankruptcy?

October 10, 2011

In many cases when a client walks in our office to seek bankruptcy advice it is because they are at the end of their rope and under severe financial distress. Often times, many clients have already lost or are at risk of losing nearly everything they have. When someone has been injured at work … Read more

Workers' Compensation

What is a Clincher Agreement in a Workers’ Compensation Case?

August 31, 2011

In a North Carolina workers’ compensation case a “clincher agreement” is a compromised agreement or settlement between an injured employee or worker and an employer or their insurance company. When the worker and the employer’s insurance company agree on a settled amount the insurance company’s attorney will draft a clincher, or agreement, stating that the parties have reached a final resolution of the case.

Writing on White Paper with PenThe clincher agreement usually states the employee will receive a lump sum cash settlement in return for releasing all future liability against an employer. In order for a clincher to be allowed, it must be approved by the North Carolina Industrial Commission. A clincher must meet the requirements of Rule 502 of the North Carolina Industrial Commission and, if it does, the Industrial Commission will typically approve the clincher agreement. The main purpose of this approval by the Commission to make sure the employee is treated fairly.

Workers' Compensation

How are Medicare and Medicaid Liens Treated in an Injury Case?

August 29, 2011

There are two types of financial medical payment assistance provided by the federal and state governments. One is Medicare, which was enacted in 1965. Medicare is a federal agency that pays medical care for elderly (usually over the age of 65), the disabled and other limited classes of medical recipients. In contrast, Medicaid is usually a … Read more

Bankruptcy Basics

Can I Collect Workers’ Compensation Benefits If My Employer Files For Bankruptcy?

May 23, 2011

Most employers’ employees are covered by workers’ compensation insurance. This workers’ compensation insurance is provided by a third party insurance company, not the employer themselves. Insurance companies are required by the state to keep a reserve of money on hand to cover the cost to pay out benefits to the injured worker. Therefore, if your … Read more

Category: Workers’ Compensation

Ready to talk about your options?