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North Carolina Workers' Compensation
- Workers Compensation Rights Expanded for Injured Workers
- N.C. Court of Appeals creates new exception to the going and coming rule
- Workers' Compensation Vocational Rehabilitation Counselors: Seventeen Rules To Best Deal With Vocational Rehabilitation Counselors To Protect You And Your Family From Financial Ruin
Disability Insurance - ERISA Attorney
Social Security Disability
- Diabetes sufferers can collect social security disability benefits
- Alzheimer's and diabetes may be related.
- Diabetes is often associated with obstructive sleep apnea.
Nursing Home Neglect
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- North Carolina Assisted Living Neglect Attorney
- Ohio Grand Jury Dismisses Neglect Charges Against Nursing Home After Resident Breaks Neck, Dies from Fall
Medical Malpractice, Hospital Malpractice, Professional Negligence
- A doctor and the parents of a 4-year-old face charges after the child died of a drug overdose
- Psychiatrist, Parents Face Charges in Drug-overdose death of Girl
- Mayo Clinic Alerts Patients to Online Drug Ordering
Accident Attorney
- A Dangerous Error: The Duke Medical System Hydraulic Fluid Case
- North Carolina Child Seatbelt Laws
- Five Technology Safety Systems Pinpoint Traffic Hazards
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- North Carolina Dog Bite Victim Attorney
- The Most Dangerous Dog Breeds – Bites, Mauls, and Deaths
- North Carolina Dog Bite Laws – What is the One-Bite Rule? What is Strict Liability?
Insurance Disputes
- United Policy Holders Supports Policy Holder
- Corporate Financial Liability Capped by Ohio Supreme Court
- Health-Care Provider Sues Rival for "Anti-Trust" Marketing
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WHAT IF THE EMPLOYER DENIES THE INJURED WORKER’S CLAIM FOR COMPENSATION BENEFITS?
If the employer and the injured employee or his dependents fail to reach an agreement regarding an application for workers’ compensation benefits, either party may apply to the Industrial Commission for a hearing. This application should be on a Form 33.This hearing shall be held as quickly as possible and will be held in the city or county where the injury occurred unless the Industrial Commission decides otherwise.
The Industrial Commission will usually assign a deputy industrial commissioner to hear the case.
A hearing before a deputy industrial commissioner is much like a trial in civil court except that there is no jury. The deputy industrial commissioner sits as a judge and also decides the factual issues in question.
The law requires the deputy commissioner to decide the case within 180 days of the close of the hearing unless it extends time for good cause.
If either party is dissatisfied with the ruling of the deputy commissioner, they may file an appeal to the full Industrial Commission which shall review the award.
New evidence is usually not presented at the appeal hearing to the full Industrial Commission. The full Industrial Commission has the authority to issue a completely new decision and make new findings of fact and may make findings of fact contrary to the facts found by the deputy commissioner.
An appeal from the full Industrial Commission can be made to the North Carolina Court of Appeals. However, for this appeal, only issues of law would be decided. The Court of Appeals will uphold any factual issue decided by the Industrial Commission if there is any evidence to support that finding.
The injured worker should be represented by an experienced workers’ compensation lawyer during all hearings, informal or otherwise, before the North Carolina Industrial Commission. Usually very serious and important issues are decided by the Industrial Commission and it is important that the worker’s rights are protected. This can best be done with the assistance of an experienced workers' compensation lawyer.
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Quick Contact
Brent Adams & Associates
Raleigh, Fayetteville & Dunn, NC
Toll Free: 800-849-5931
Phone: 910.892.8177
Fax: 910.892.0652
FAQs
North Carolina Workers' Compensation
- 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?
Social Security Disability
Question: 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?
Question: 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?
- Should I file a claim for social security benefits?
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?