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• North Carolina Workers' Compensation
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North Carolina Legal Frequently Asked Questions (FAQs)

When you or a loved one are injured in an accident, no one hands you a pamphlet containing all of the information you need to understand your case. In this section, we strive to answer the basic questions that everyone has in the weeks following a personal injury, on-the-job accident, or nursing home abuse incident.

If you don't find the answers to all of your injury questions here, we encourage you to contact us for answers to questions specific to your case. The consultation is free and confidential.

FAQ Categories:

• North Carolina Workers' Compensation
• Social Security Disability
• General

North Carolina Workers' Compensation

• Will I be followed around by a private detective after I make my workers’ compensation claim?
• If my doctor assigns me work restrictions which limits what I can do at work such as the amount of weight I can lift and whether I can bend and stoop, should I work outside of those restrictions when I return to work?
• Should I settle my case without the assistance of an experienced workers’ compensation lawyer?
• Are the vocational counselors assigned to injured workers by the insurance company interested in my welfare?
• Am I entitled to a second opinion on the issue of the nature and extent of my disability by a doctor of my choice?
• What is my workers’ compensation rate or my “comp rate”?
• Can I recover money for my pain and suffering involved with my on the job injury?
• Am I entitled to a jury trial to decide my workers’ compensation case?
• Is it necessary for me to be a United States citizen in order to collect workers’ compensation benefits?
• How long do I have to be employed before I am entitled to workers’ compensation benefits?
• If a doctor has treated me for work-related injuries, is it permissible for the doctor to send me a bill?
• If a worker is killed in a work-related accident, what can his family recover for this loss?
• May I recover if I am injured as a result of horse play on the part of myself or a co-worker?
• If I am assaulted while at work may I recover workers’ compensation benefits?
• May I recover workers’ compensation benefits if I am injured in a storm or from other weather-related incidents?
• If I am injured while traveling to work, can I recover workers’ compensation benefits?
• Is it necessary that an accident occur in North Carolina in order to collect workers’ compensation benefits?
• If I injure my back at work without their being an accident, may I still recover workers’ compensation benefits?
• If I become unable to work because I was required to make repetitive motions over long periods of time, may I recover workers’ compensation benefits even if I am not in an accident?
• To what benefits am I entitled if I am injured in a work-related accident?
• Who decides whether a claim will be paid if my employer refuses to pay voluntarily?
• How does the law define “disability”?
• If my work-related accident injures a part of my body which had previously been injured, can I still recover?
• If my employer is late in paying my weekly workers’ compensation benefits, what can I do?
• How long may I continue to receive workers’ compensation payments?
• Is there any way I can recover weekly workers’ compensation payments in an amount greater than two thirds of my average weekly wage?
• If my work related injury was my fault, can I still collect?
• If my on-the-job accident happened because I was under the influence of alcohol or illegal drugs, can I still recover?
• What happens if I do not cooperate with the vocational rehabilitation counselor assigned to me?
• If my employer or its workers’ compensation insurance carrier tell me to go to a certain doctor to be examined must I do so?
• Who decides what doctors will treat me for my work-related injuries?
• When I am being treated by a doctor for a workers’ compensation injury, must the doctor keep what I tell him secret?
• How long will my employer be required to pay all of my medical expenses incurred in connection with a work-related accident?
• What happens if my condition gets worse after my benefits stop?
• If I do not like the authorized treating physician which my employer provides for me, can I change doctors?
• What is a “clincher agreement”?
• Does my employer ever have to pay in advance for my weekly workers’ compensation benefits for total disability?

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Social Security Disability

• Should I file a claim for social security benefits?
• I am only in my 20s. Last month I received personal injuries in a vehicular accident and am now unable to work. Is there a certain age I must be to receive benefits from Social Security disability?
• I'm receiving benefits from Social Security disability for myself, my wife and my son based on my severe disability. I also have a daughter by my ex-wife who used to receive child support from me when I was still able to work. Now that I'm disabled, can my daughter receive benefits too?

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General

• Q: I haven't worked with asbestos for twenty years. Do I still have a workers' compensation claim if I get sick?
• Do I have a claim against the manufacturer of the asbestos products that caused my disease even if I as exposed long ago?
• What if I was injured by exposure to asbestos in my home? Do I have a claim if I never worked with asbestos? What kind of products should I worry about?
• Do I qualify for disability benefits under my union pension plan?
• How do these claims work together? Can I get all of the benefits at the same time, or do they offset each other?
• Do I have to pay income tax on amounts I recover from my claims?

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