Hearing that a disputed claim is "going to the Industrial Commission" can make it sound like the case is immediately headed for a courtroom. In reality, disputed North Carolina workers' compensation claims generally move through several stages, including mediation, before a formal hearing takes place.…
A workers' comp hearing does not look like what most people picture from television. There is no jury. The setting is formal but not theatrical. By the time the hearing concludes, the Deputy Commissioner often has not yet heard testimony from the treating physician. That…
The number used to calculate workers' compensation benefits is rarely as simple as a base salary divided by fifty-two. For workers who earn commissions, bonuses, overtime, or other variable compensation, the gap between a wage calculation that includes those earnings and one that does not…
If your employer or their insurance company has requested a functional capacity evaluation, you probably have questions. These assessments are not neutral medical tests. An FCE is a tool insurers use to gauge what you can and cannot do physically, and the results are routinely…
Getting hurt at work is stressful enough. What makes it worse is finding out that something you did, or didn't do, handed the insurance company exactly what they needed to deny or reduce your claim. These are not random bad outcomes. They are predictable ones,…
In some North Carolina workers’ comp cases, insurance companies use surveillance as part of their investigation, particularly if there are questions about how serious an injury is or whether a claim is valid. This can include observing your activity in public or reviewing information that…
