Frequently Asked Questions
Can I settle my workers’ compensation case without the assistance of a lawyer?
It will be difficult for you to know what your case is worth and whether you have been offered a fair settlement for your claim without the benefit of the advice and experience of a Workers’ Compensation attorney. While there may be times, when a case is minor, that you will not need to hire an attorney, it may be beneficial to get a consultation before deciding to settle.
Does Reeves DiVenere Wright charge a consultation fee?
No. All consultations dealing with Workers’ Compensation are free. Call our office and our highly qualified staff will be pleased to schedule a time for you to come in.
What can I expect to receive for the time I am out of work due to an injury suffered on the job?
For most, it is two-thirds (2/3) of your average weekly wage (in gross wages, not take-home pay). There are however, certain minimum and maximum compensation rates.
Is it necessary for me to be a United States citizen in order to collect workers’ compensation benefits?
No. You do not have to be a citizen nor do you have to be properly documented in order to collect workers’ compensation benefits. However, there are certain implications that may arise that should be discussed with your attorney.
What can I do when I get injured on the job?
If you are injured on the job the very first step is to notify your supervisor. Make sure that an accident report is filed with the appropriate person at work. Even if you think your injuries are minor, it is best to report them so you are not barred from recovering should they become worse at a later date. Make sure you also request medical treatment when you file the report with your employer. In addition, if you need medical treatment, request it when you file your report with your employer.
Can I still recover if I have been injured in another state?
Yes.
Can I receive unemployment compensation and workers’ compensation benefits at the same time?
No. If you are receiving weekly benefits from a workers’ compensation carrier, you cannot simultaneously receive unemployment benefits.
How long do my workers’ compensation payments last?
For so long as you are unable to return to work earning the same or greater wages that you earned prior to the injury. If you are permanently injured and unable to go back to work at all, you are entitled to weekly compensation benefits for the rest of your life.
What can I do if I’m not receiving my workers’ compensation benefits?
Pursuant to statute, if any payment of compensation is not paid within fourteen days of the day the payment was due then you are entitled to a 10% late payment penalty for any amounts not received. We will be pleased to provide you further information when you meet with us in the office.
What is a “clincher agreement”?
An agreement whereby the employer pays a lump sum to the employee in exchange for a release by the employee and an agreement never to make any further claim concerning a particular accident. These agreements must be approved by the North Carolina Industrial Commission. Otherwise, they are not valid. Once approved by the Industrial Commission, however, the employee may never again collect any money for that workers’ compensation claim.
Is there a period of time after which my claim is no longer open?
If you have a workers’ compensation claim and you receive only medical treatment and do not lose any time from work, your claim will close within twelve (12) months of the last date of medical treatment paid by the workers’ compensation carrier. If you receive weekly benefits, your claim will close two (2) years from the last date of compensation received.
Should I sign any documents for my employer or the employer’s workers’ compensation insurance company?
If you do not understand the document in its entirety, we recommend consulting with an attorney to be advised of all your rights under applicable law.
What is a “third party” case?
If you are injured at work, but it was due to the fault of someone other than your employer or his agent, then you may have a cause of action against that other party or “third party.” Our firm can help you recover money damages in this situation.
If you have been injured on the job and have any additional questions or would like clarification regarding the questions above, please contact our office and one of our staff will schedule a Free Consultation for you.
