Even if you are now getting Workers’ Compensation benefits, did you know Workers Compensation statutes of limitation may be running in your case? Unless your claim has been accepted on Industrial Commission Form 21, Form 60, or Form 63, no claim is on file. The Form 19, Employer’s Report of Injury, is not a claim. Even if the right form is on file, statutes of limitation may be running unless the form accurately describes all of your injuries. For example, a form accepting your claim for CTS (Carpal Tunnel Syndrome) does not accept a claim for tendonitis. You must file a Form 18 to preserve your rights.

Did the insurance company tell you they are receiving copies of all of your medical records from your doctors? It’s true. In an accepted case, doctors send copies of their reports to the insurance carrier. You are entitled to copies of these medical records from the insurance carrier without charge. (Rule 607)

Did the insurance company tell you that you may not have to go to their doctor? General Statutes 97-25 allows an injured worker to select a physician of his own choosing, subject to approval by the Industrial Commission.

Did the insurance company tell you that you have the right to a private examination by your doctor outside of the presence of the insurance company’s rehabilitation nurse?

Did they tell you that you have the right to be paid for mileage in excess of twenty (20) miles round trip for medical care?

Were you told that if you file Form 18M, you may be entitled to lifetime medical care from your injuries or occupational disease?

Did the insurance company tell you that you may be entitled to a second medical opinion before any surgery and regarding any permanent partial disability rating the doctor may have assigned?

Did the average weekly wage used to compute your Workers’ Compensation benefits include overtime and bonuses?

Were you advised that you can choose one of three types of benefits at the end of your case: permanent total disability if you are unable to return to any competitive work, a wage loss claim if you return to work at reduced wages, or permanent partial disability based on the disability rating assigned by your doctors?

Compensation can be really important both for you and your family’s welfare in cases of injury and loss of income. Employee benefits provide a financial safety net for families when a loved one is injured or killed at work.

Worker’s compensation is a form of employer insurance designed to provide injured workers with an efficient and rapid means of obtaining money for work-related injuries. This program provides workers with benefits and medical care, and employers have a guarantee that workers will not sue them in most cases.

The good thing is that most states, with a few major exceptions, essentially require employers to purchase insurance to regulate compensation for workers who are injured or sick because of workplace stress. However, reality tells us that almost every company in the United States that employs has problems with employee compensation.

I hope to guide you through them in a more empowering way. This article was written to help you understand the different types of remuneration available to workers in the United States. The following are some glaring questions and significant information that you need to know about your compensation benefits as an employee.

  • Even if you are now getting Workers’ Compensation benefits, did you know Workers Compensation statutes of limitation may be running in your case? Unless your claim has been accepted on Industrial Commission Form 21, Form 60, or Form 63, no claim is on file. Form 19, Employer’s Report of Injury, is not a claim. Even if the right form is on file, statutes of limitation may be running unless the form accurately describes all of your injuries. For example, a form accepting your claim for CTS (Carpal Tunnel Syndrome) does not accept a claim for tendonitis. You must file a Form 18 to preserve your rights.
  • Did the insurance company tell you they are receiving copies of all of your medical records from your doctors? It is true. In an accepted case, doctors send copies of their reports to the insurance carrier. You are entitled to copies of these medical records from the insurance carrier without charge. (Rule 607)
  • Did the insurance company tell you that you may not have to go to their doctor? General Statutes 97-25 allows an injured worker to select a physician of his choosing, subject to approval by the Industrial Commission.
  • Did the insurance company tell you that you have the right to a private examination by your doctor outside of the presence of the insurance company’s rehabilitation nurse? Of course, everyone wants to get service from the doctors you have built trust with. Choosing your preferred healthcare professional for your needs is included in your patient rights.
    Did they tell you that you have the right to be paid for mileage more than twenty (20) miles round trip for medical care? You’re supposed reimbursement rate is grounded on the State Travel Reimbursement Act.
  • Were you told that if you file Form 18M, you may be entitled to lifetime medical care from your injuries or occupational disease? This is very clear on NC Industrial Commission Form 28B. However, Form 18M should be filed within two years of the last compensation payment date, or else, it will lapse.
  • Did the insurance company tell you that you may be entitled to a second medical opinion before any surgery and regarding any permanent partial disability rating the doctor may have assigned? Yes! You have all the right to ask for a second opinion about your health status.
  • Did the average weekly wage used to compute your Workers’ Compensation benefits include overtime and bonuses? This is a case-to-case basis depending on the status of your employment. In general, a full-time weekly compensation is computed by getting sixty-six and two-thirds percent (66 2/3%) of your average weekly wages. We have to keep in mind that the basis for the computation of the average weekly wage will be four full weeks preceding the accident. This can include overtime and bonuses.
  • Were you advised that you can choose one of three types of benefits at the end of your case? Depending on different situations, there are options available for you to choose: a) permanent total disability if you are unable to return to any competitive work; b) a wage loss claim, if you return to work at reduced wages or c,) permanent partial disability based on the disability rating assigned by your doctors?

If you have specific questions about your worker’s compensation benefits, in particular, if they are medical benefits or if compensation benefits are appropriate for your specific situation, feel free to ask us. We strive to answer questions about your worker’s compensation benefits and give you expert advice on what to do next, even if you need to claim personal injury.

If you feel that you are being deprived of employee benefits and need assistance in applying, we understand your feelings and are ready to be on your side. You can talk to us about your workplace injury benefits or to get more information about your employee’s compensation claims.

If you file a compensation claim in North Carolina, fill out your employee’s form, or object to the denial of benefits, please contact us. We are here for you and we can assist you to get the medical treatment you need, as well as the temporary wages and compensation needed to recover from your injury.