Workers’ Compensation

Workers’ Compensation

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?

Servicing The Following Counties In North Carolina