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Frequently Asked Questions

Below are some initial questions many clients have when they first contact Brent Adams & Associates. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

North Carolina Workers' Compensation

Social Security Disability

General

North Carolina Workers' Compensation

  • Q: Will I be followed around by a private detective after I make my workers’ compensation claim?

    A: If your on the job injury is serious enough to require you to be out of work for an extended period of time, you will almost certainly be surveillanced by a private detective who will follow you around, probably in a paneled truck or van trying to take video footage of your activities. Because of the strong likelihood of being followed, you should assume that you are followed and act accordingly.
  • Q: 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?

    A: No. It is not only detrimental to your health to work outside of the physical restrictions that your doctor has given you, but it will also hurt your case.
  • Q: Should I settle my case without the assistance of an experienced workers’ compensation lawyer?

    A: No. It will be difficult for you to know what your case is worth and whether the insurance company has offered you a fair settlement offer. However, if your case is very minor, which does not involve your being out of work for any substantial period of time and which does not involve any permanent injuries, you do not necessarily need a lawyer. However, you should probably get a consultation from a lawyer before settling a case, even if it is a relatively small case.
  • Q: Are the vocational counselors assigned to injured workers by the insurance company interested in my welfare?

    A: No. These vocational rehabilitation counselors, both medical and vocational, work for the insurance company. Their involvement in your case is for the benefit of the insurance company, not you.
  • Q: Am I entitled to a second opinion on the issue of the nature and extent of my disability by a doctor of my choice?

    A: Yes.
  • Q: What is my workers’ compensation rate or my “comp rate”?

    A: For most people it is two-thirds of your average weekly wage (in gross wages, not take-home pay). There are however, certain minimum and maximum comp rates.
  • Q: Can I recover money for my pain and suffering involved with my on the job injury?

    A: No.
  • Q: Am I entitled to a jury trial to decide my workers’ compensation case?

    A: No.
  • Q: Is it necessary for me to be a United States citizen in order to collect workers’ compensation benefits?

    A: No, you do not have to be a citizen nor do you have to be properly documented in order to collect workers’ compensation benefits.
  • Q: How long do I have to be employed before I am entitled to workers’ compensation benefits?

    A: There is no required length of employment. If you are injured at work on the first day of employment, you will be entitled to full workers’ compensation benefits.
  • Q: If a doctor has treated me for work-related injuries, is it permissible for the doctor to send me a bill?

    A: No. It is against the law for a doctor to charge a patient for treatment of a work-related injury.
  • Q: If a worker is killed in a work-related accident, what can his family recover for this loss?

    A: Generally the family will be able to recover two-thirds of the deceased worker’s average weekly wage for a 400 week period. If the family members are themselves disabled, they could possibly receive benefits for longer than 400 weeks.
  • Q: May I recover if I am injured as a result of horse play on the part of myself or a co-worker?

    A: Yes, in most cases.
  • Q: If I am assaulted while at work may I recover workers’ compensation benefits?

    A: Yes, you can recover unless the assault is not work-related.
  • Q: May I recover workers’ compensation benefits if I am injured in a storm or from other weather-related incidents?

    A: Yes, if the injury is clearly work-related.
  • Q: If I am injured while traveling to work, can I recover workers’ compensation benefits?

    A: In most cases, no. The workers’ compensation law does not protect workers who are injured while traveling to work or while traveling home after work. There are certain exceptions, however. For instance, traveling salesmen who have to drive regularly in their work can recover even if they are traveling to their first sales appointment of the day.
  • Q: Is it necessary that an accident occur in North Carolina in order to collect workers’ compensation benefits?

    A: No.
  • Q: If I injure my back at work without their being an accident, may I still recover workers’ compensation benefits?

    A: Yes.
  • Q: 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?

    A: Yes.
  • Q: How does the law define “disability”?

    A: Disability under the workers’ compensation law means the incapacity, because of an injury or occupational disease, to earn the wages which the injured employee was receiving at the time of the injury.
  • Q: If my work-related accident injures a part of my body which had previously been injured, can I still recover?

    A: Yes.
  • Q: If my employer is late in paying my weekly workers’ compensation benefits, what can I do?

    A: If an employer is more than 14 days late in making a workers’ compensation payment, the industrial commission will impose a ten percent penalty. This penalty should give enough incentive to the employer to pay benefits on time.
  • Q: How long may I continue to receive workers’ compensation payments?

    A: Until you are able to go back to work earning the same or greater wages that you earned before you were injured. If you can never go back to work at all, you are entitled to weekly compensation benefits for the rest of your life.
  • Q: Is there any way I can recover weekly workers’ compensation payments in an amount greater than two thirds of my average weekly wage?

    A: Yes, if your injury was caused by your employer’s willful failure to comply with a law or a safety regulation, the employer will have to pay a ten percent increase in benefits.
  • Q: If my work related injury was my fault, can I still collect?

    A: Yes, you can still recover full workers’ compensation benefits even if the accident was caused by your own negligence.
  • Q: If my on-the-job accident happened because I was under the influence of alcohol or illegal drugs, can I still recover?

    A: No. There can be no recovery if the worker is intoxicated or under the influence of controlled substances and if that intoxication or influence of controlled substances caused the injuries.
  • Q: What happens if I do not cooperate with the vocational rehabilitation counselor assigned to me?

    A: Your workers’ compensation benefits will be suspended until you demonstrate that you are willing to comply with all vocational rehabilitation efforts.
  • Q: If my employer or its workers’ compensation insurance carrier tell me to go to a certain doctor to be examined must I do so?

    A: Yes. If you fail to do so, your benefits may be suspended until you demonstrate that you are willing to be examined by a doctor of the defendant’s choice.
  • Q: Who decides what doctors will treat me for my work-related injuries?

    A: If your employer accepts responsibility for your accident and pays your claim, the employer gets to conduct your medical care. However, once a treating doctor is established, the employer cannot “doctor shop” by sending you to doctor after doctor until they get a report they want. In order to change your treating physician your employer, and you, must seek permission from the industrial commission.
  • Q: To what benefits am I entitled if I am injured in a work-related accident?

    A: The benefits to injured workers fall under three main categories:

    1. Wage replacement, which generally equals two-thirds of the worker’s average weekly wage while they’re out of work.

    2. Payment for all medical expenses related to the job-related injury or illness.

    3. Compensation for permanent injury to parts of the body. The amount of benefits available for permanent impairment depends upon the particular part of the body that is impaired and the degree of impairment. In addition, a worker may recover for disfigurement caused by scars or other conditions. The family of a deceased worker killed in a work related accident may recover benefits for at least 400 weeks.
  • Q: Who decides whether a claim will be paid if my employer refuses to pay voluntarily?

    A: The North Carolina Industrial Commission. The case is heard initially by a deputy industrial commissioner. Either party has a right to appeal a deputy commissioner’s decision to the full industrial commission.
  • Q: When I am being treated by a doctor for a workers’ compensation injury, must the doctor keep what I tell him secret?

    A: No. In a workers’ compensation setting, there is no physician-patient privilege. Your doctor can tell your employer or its insurance carrier anything he or she learns from you in workers’ compensation cases.
  • Q: How long will my employer be required to pay all of my medical expenses incurred in connection with a work-related accident?

    A: The law says that the right to payment for medical expenses shall terminate two years after the employer’s last payment of medical workers’ compensation payments. However, if it is anticipated that medical expenses will be incurred past the two-year deadline, the industrial commission will issue a special order requiring payment of these benefits even if they are incurred more than two years from the date of the last medical payment. However, you must take affirmative action to be sure that your employer will have to pay you for expenses which are incurred after two years. Without this special order, the two-year limit applies.
  • Q: What happens if my condition gets worse after my benefits stop?

    A: If your condition worsens after an order or supplemental Award of benefits is made, you can apply to the industrial commission for additional benefits. You must do so however within two years from the date the last compensation payment was made. If you have entered into a “clincher” agreement which has been approved by the industrial commission, you can never ask for additional benefits.
  • Q: If I do not like the authorized treating physician which my employer provides for me, can I change doctors?

    A: No. Not without a special order from the North Carolina Industrial Commission.
  • Q: What is a “clincher agreement”?

    A: 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 claims is commonly referred to by lawyers and insurance adjusters as a “clincher agreement”. These agreements must always 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 the workers’ compensation claim. This is true even if the injured worker’s condition gets worse.
  • Q: Does my employer ever have to pay in advance for my weekly workers’ compensation benefits for total disability?

    A: No. The employer’s only required to pay for total disability benefits on a weekly basis. There are no situations in which these payments are required to be paid in advance. If however a “clincher agreement” is made, the employer will voluntarily make advance payments. Otherwise, the disabled employee must accept benefits on a weekly basis.

Social Security Disability

  • Q:

    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?







    A: Answer: There is not a minimum age requirement, but you are required
    to have worked long and recently enough under Social Security to earn the
    necessary amount of work credits. Up to four work credits can be earned each
    year. Each year, the amount of earnings necessary to receive a credit increases
    as general levels go up. The amount is $1,050 in 2008. The total amount of work
    credits necessary to receive disability benefits is dependant upon age. In some
    cases for young workers, only six work credits (as little as 18 months) may be
    necessary. The exact number of credits necessary can be found at www.socialsecurity.gov/dibplan/dqualify3.htm.
    If you are not in possession of enough credits, you may still be able to
    qualify for benefits from Supplemental Security Income if you become disabled
    and your income and resources are limited.
  • Q:

    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?







    A: Answer: Yes, she will most likely be able to qualify for benefits
    from Social Security. You should file an application on her behalf and, if she
    is eligible, both of your children would receive equal benefits.
  • Q: Should I file a claim for social security benefits?

    A: You should file a claim for social security benefits if you can't work and it looks as if you won't be able to work for a number of months. Most disease caused by asbestos gets worse with time rather than better. The legal requirement is that you be unable to work for 12 months, but if you are off work now because of asbestos-related disease, there is a significant chance you won't get back to work in the next year. When in doubt, file a claim. There can be long delays in the social security system, and you can always withdraw your claim later if your condition improves. If your claim is denied, don't give up; most social security claims are denied at first.

General

  • Q: Q: I haven't worked with asbestos for twenty years. Do I still have a workers' compensation claim if I get sick?

    A: A: Yes, you may still have a workers' compensation claim. There are several different time limits, but the most important thing is to file a workers' compensation claim as soon as you think you are suffering from an asbestos-related disease. Every claim will require reconstructing your work history, but if you have been exposed to asbestos at several employers, you do not have to prove which employment exposure caused your disease. When a worker proves that an occupational disease was caused by one of several employments, the last employment that might have caused the disease is responsible for providing workers' compensation benefits. Workers' compensation benefits can be significant including payment of all medical bills, tax-free wage loss, payment for permanent disability, job training, and lifetime widow's benefits.
  • Q: Do I have a claim against the manufacturer of the asbestos products that caused my disease even if I as exposed long ago?

    A: Yes, you may have a claim even if you were exposed many years ago. Most lawsuits for injuries must be brought within 8 to 10 years of exposure to the product that caused the injury. But North Carolina law provides asbestos victims with special timing rules because exposures thirty years ago and longer frequently cause asbestos disease. Asbestos claims must be filed within two years from the date your doctor tells you that you have asbestos-related disease. Almost every case involves reconstructing your history of working with asbestos, and to pinpoint which companies made and sold the asbestos products that caused the disease. It is very important to act promptly in order to preserve your legal rights if you are diagnosed with an asbestos-related condition because the two year legal clock begins running when you knew or should have known that your condition was caused by asbestos exposure.
  • Q: 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?

    A: Often times, Asbestos Exposure will occur at home, not at work. Clothes laundered from work in an asbestos-containing environment, or building materials like asbestos-containing "popcorn" acoustic ceiling spray, have caused exposures that decades later result in asbestos disease. Sometimes a location such as a school or office building can cause an exposure from demolition or damage to old steam pipes or insulation. Generally speaking, asbestos was used extensively until the mid to late 1970s. If you have an asbestos disease and don't know how you were exposed, you should immediately investigate making a claim, or risk being time barred by the two year statute of limitations.
  • Q: Do I qualify for disability benefits under my union pension plan?

    A: Many industrial union contracts provide disability benefits to workers who can no longer do their regular work. Whether you qualify, for how long, and for what benefits depend on the language in the contract. You should ask your shop steward or business agent for a copy of the contract and any application forms you need to fill out to qualify. Union contracts are subject to the Employee Retirement Income Security Act (ERISA).
  • Q: How do these claims work together? Can I get all of the benefits at the same time, or do they offset each other?

    A: That's a complicated question with a lot of answers. Here are some of them:

    Social Security and workers' compensation may offset each other. If you get both, the total amount you receive may be less than the two together. Your lawyer can put important language in a workers' compensation settlement agreement to increase your total benefits. If you make a successful workers' compensation claim for asbestos disease and recover against the manufacturer of asbestos products, some or all of the amount you get from workers' compensation may have to be paid back to the workers' compensation insurer out of your recovery against the manufacturer. (Your lawyer may be able to get a State Court judge to limit or eliminate the pay back requirement.)

    Some union pension benefits are reduced if you also get social security or workers' compensation, but there is not usually any reduction if you receive money from a claim against an asbestos manufacturer. Whether, and how much, any of these reductions will happen depends on the language in the union contract.

    Now for some good news: Social security does not affect and is not affected by any recovery against the manufacturer of asbestos products. If these two are the only claim you make, you get to keep all the benefits from both.
  • Q: Do I have to pay income tax on amounts I recover from my claims?

    A: Generally, workers' compensation and recoveries against an asbestos manufacturer are not subject to income tax. Social security benefits are partly taxable, depending on your income for the year you receive them. Union pension benefits are taxable if you didn't pay the insurance premiums that bought them; they are tax free if you did. (Here's a bad one, though: If you lose social security benefits because you also got workers' compensation, the amount of those workers' compensation benefits is taxable as social security even though workers' compensation is not taxable. The IRS always wins!)

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Toll Free: 800-849-5931
Phone: 910.892.8177
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