Frequently ASked Questions
These are just a few examples of some of the questions we frequently hear. If you have additional questions or concerns, please call our office directly at 919-460-9798.
WORKERS' COMPENSATION
Filing for workers' compensation can be a difficult and complicated process. Below are some of the most commonly asked questions. To learn more about your claim and available benefits, call our office today.
1.) The three benefits recoverable under workers' compensation are:
- Medical
This would include any treatment necessary to effect a cure, provide relief and lessen your period of disability. - Wage Loss
You are entitled to receive 2/3 of your average weekly wage as long as your physician has written you out of work for more than seven days. - Payment for Permanent Disability
If a physician assigns you a permanent disability rating to an injured body part, or you suffer a permanent loss of wage-earning capacity, you are entitled to be compensated.
There are additional subcategories that may be recoverable. These benefits vary from case to case and we encourage you to call our office to discuss your particular circumstance.
2.) When do I get lost wages?
No compensation is due for the first seven (7) days of lost time unless the disability exceeds 21 days. Therefore, the first check will not include payment for days 1-7. Payment for those days will be made should the disability continue beyond 21 days.
3.) How are my wages calculated?
Injured workers are entitled to receive 2/3 of their average weekly wage. An average weekly wage is calculated by averaging all the monies earned during the 52 weeks prior to their accident.
4.) Do I get pain and suffering under workers' compensation?
Unfortunately, pain and suffering is not awarded under workers' compensation.
5.) Can I change attorneys?
You have the right to change attorneys, should you desire. If you no longer wish for an attorney to represent you, they will have to get permission from the North Carolina Industrial Commission to withdraw.
If the accident was my fault, do I get workers' compensation benefits?
Yes. If injured in an accident at work, fault does not matter.
PERSONAL INJURY
1) Should I talk with the insurance company?
It is fine to speak with an adjuster about the property damage to your vehicle or obtaining a rental car. It is best not to talk to an adjuster or give a recorded statement concerning your injuries or the cause of the accident without first consulting an attorney.
2) Why do I need a lawyer?
Personal injury claims are complicated to those who have never dealt with them. Our firm will ensure that you will receive the maximum benefits you are entitled to under the law. Many people have trouble obtaining these benefits simply because they are unaware of their rights.
3) How much does it cost to hire a lawyer?
It does not cost you anything to retain this firm to help you with your injury claim. We are paid on a contingent fee basis, which means we do not get paid unless we make a financial recovery on your behalf.
4) How do I pay for medical treatment?
It is always in your best interest to submit bills for medical treatment to your own private health insurance. If you do not have health insurance and are Medicare or Medicaid eligible, have Medicare or Medicaid pay those bills. The automobile insurance company will only write one check to settle the claim or to pay a jury verdict and that check does not come until after medical treatment is completed. It is always in your financial interest to reimburse health insurance and/or Medicare or Medicaid instead of reimbursing medical providers the full amount of their bills. You may also be able to pay for medical bills through medical payments coverage, if you have it as part of your automobile insurance. Medical payments coverage reimburses reasonably necessary medical bills incurred as a result of being injured in your automobile.
5) What if I have to miss time from work?
If a medical provider has written you out of work and you lose wages as a result, we claim the full amount of those lost wages from the insurance company as part of the economic damages you sustained as a result of the accident.
6) How long does my claim last?
The length of time it takes for a claim to come to a conclusion depends on how long your medical treatment lasts. Economic damages and the severity of any injury cannot be determined until after you have completed medical treatment.
