How Your Case Moves Through the Industrial Commission
By law, your employer is supposed to provide benefits for part of your lost wages and your medical bills.However, the reality is that many valid claims are denied and the criteria for a compensable claim can be complicated. Denied claims sometimes mean there was an error with the application – meaning you may not be communicating properly about injuries you experienced at work and how they’re impacting your life.
On this page we’ll explain how the application process works.
Report Your Work-Related Injury or Illness to your Employer
A claim form will be filed to recover compensation for the medical treatment, and to pay a percentage of wages during the period of recovery.
The medical treatment your doctor advises should be followed to the letter. A failure to follow medical advice can have a negative impact on your workers’ compensation case.
Ongoing Medical Treatment and Inability to Work
In some cases, a worker has the right to seek a second opinion and the right to seek treatment from his or her own medical provider, subject to the approval of the insurance carrier or the Industrial Commission.
Any disputes regarding medical treatment are addressed through the Commission, and it is advised you get a lawyer from our firm to help you.
The injured worker must accept appropriate medical treatment, and comply with the recommendations for treatment. Keep all appointments and write down the symptoms you are experiencing every day. Your written log can be valuable.
Continuing Period of Total Incapacity While Under Medical Care
If any questions arise, you can call your employer, the workers’ comp insurance company, or the Workers’ Compensation Commission for help. An attorney from our firm can manage these details for you. It can be a complex matter to get TTD benefits. Rather than fighting with your employer or the Commission, let us do the heavy lifting while you focus on recovering your health.
Medical Status Improves & You are Capable of “Light Duty” or “Restricted Work”
After a period of recovery is complete, you may not be fully capable of performing your pre-injury duties, but your doctor may approve you for light duty or restricted work. You can request this work from your employer. If your employer is unable to provide you with lighter work duties, you can search for an appropriate job and request Temporary Partial Disability (TPD) benefits if you earn less than your previous wages.
Reaching Maximum Medical Improvement (MMI)
Once it is deemed you have reached MMI, you may contact the insurance company to reach an agreement on Permanent Partial Disability (PPD) benefits or a total settlement of the claim (clincher).
Employee Exhausts Period in which TTD Benefits are Paid over 500 Weeks
Our firm can assist with this process, if you have received TTD benefits and the time of payment is going to run out.
Injury or Surgery Causes Disfigurement and/or Scarring
If you have suffered a disfigurement or scar from the injury or from a surgery that left you disfigured or permanently scarred, you should contact the employer’s insurance company or the Industrial Commission to seek a scar/disfigurement evaluation.
These issues should be managed by a legal professional who is very familiar with the process, so that it goes as efficiently and successfully as possible. There are statutory limitations on the amount of compensation payable for scarring or disfigurement.
Choose Riddle & Brantley for Your Workers’ Compensation Claim
At Riddle & Brantley in North Carolina, we have a talented team of workers’ comp attorneys that advocate for injured workers throughout the state. One of our founding attorneys, Chris Brantley, is a Board Certified Workers’ Compensation Specialist. He is one of only a small percentage of lawyers in the state who can call themselves specialists in workers’ compensation.
Our lawyers know how to best communicate the severity of the injuries that you experienced at work. We’re very familiar with the North Carolina application process. If you call us we can meet and give you a consultation on what steps you should take next.
Injured at work? Talk to our Raleigh workers’ compensation attorney before you do anything else, particularly if the injury is serious you cannot continue to work. You need help – the right kind. At Riddle & Brantley, justice counts, and we’re here to help you get it.
Verdicts and Settlements in Workers’ Comp Cases
We are proud of our accomplishments in workers’ compensation law. Some of our recent victories for our clients include: