Workers' Compensation Archives

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.

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

Workers' Compensation

How Do I Request Medical Records?

January 31, 2011

To review a possible medical malpractice case or nursing home injury or neglect case at Duncan Law we must have the injured person’s medical records reviewed by an expert witness. These are usually an expert nurse and/or a physician. For a medical expert to give a thorough review of your case it is important they … Read more

Workers' Compensation

What is the Statute of Limitations If a Doctor Caused an Injury?

November 5, 2010

http://www.youtube.com/watch?v=rlzGf0LXtck . Unfortunately, there are times when a trusted doctor makes a mistake that causes serious or irreversible harm to a patient. If you or a loved one have been injured by a doctor or medical facility, you may be considering hiring a lawyer to file a lawsuit against your doctor so that others will … Read more

Workers' Compensation

How Long Does a Medical Malpractice Case Take if I’m Suing a Doctor?

November 3, 2010

The timeline for resolving a medical malpractice case against a doctor will vary from a year to several years with the average case taking approximately two years. Why the variation? Each case is unique. There are several factors that impact the timeline in a case. Were there several doctors or healthcare providers involved in the … Read more

Workers' Compensation

Do Workers' Comp Laws Protect Independent Contractors in North Carolina?

October 13, 2010

The short answer is no, an independent contractor is not covered by Workers’ Compensation laws in North Carolina. However, the answer really depends on the situation. If the independent contractor is: performing the functions of an employee, taking guidance and direction from the employer, has his or her hours set by the employer, working for … Read more

Workers' Compensation

Do All Employers Need to Provide Workers' Compensation Insurance?

October 8, 2010

In short, it depends. According to North Carolina General Statute §§ 97-2(1), 97-2(3), 97-93 an employer must carry workers’ compensation insurance if: Three or more employees regularly employed in the same business or establishment, or One or more employees employed in activities which involve the use or presence of radiation, or If providing agriculture or domestic services, 10 … Read more

Workers' Compensation

Can I Still Get Workers' Compensation Benefits If I Return to Work?

September 20, 2010

http://www.youtube.com/watch?v=RkwGj8mRJAg Returning to work after suffering an injury at work can be a risky move. If your claim says that you are completely unable to work and then you return to work while you are still able to receive workers compensation benefits, then your employer no longer has to continue paying your workers compensation benefits. … Read more

Category: Workers’ Compensation

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