Do Uber/Lyft Drivers Get Workers’ Comp?

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How do companies like Uber and Lyft deal with injuries their drivers face from car accidents or pulling a muscle loading a customer’s suitcase out of the vehicle? State workers’ compensation laws have not necessarily caught up to these new issues arising out of the new “sharing economy”.  The fundamental issue for these drivers is that they are classified as …

HOW DOES WEATHER IMPACT A WORKPLACE INJURY?

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If a weather-related issue caused you to suffer an injury on a job site or during the course of employment, that will be a factor to address in your workers’ compensation claim. Cases involving weather as the instigator of the damages suffered will be dependent on showing the court the direct relationship between the incident and the injury. In other …

WHAT DOES MY EMPLOYER NEED TO DO NEXT NOW THAT I REPORTED MY INJURY?

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Now that you timely reported the injury you sustained during the course of your employment to your employer, you may be wondering what the employer needs to do next. Your employer is required by law to carry workers’ compensation insurance if they have three or more employees. The employer will need to file Form 19, referred to as the ‘First …

CAN I GET SOCIAL SECURITY BENEFITS IF I’M INJURED AT WORK?

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Maybe. There are several requirements that must be met in order for you to qualify for social security benefits due to a workplace injury. Those requirements include: – Do you have enough credits? Credits are based on your wages and in most cases you need 40 credits, 20 of which having been earned within the last 10 year time period. …

How does Medicare Impact my Workers’ Compensation Claim?

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Medicare only covers 80% of the medical treatment you receive for your workplace injury. If you receive Medicare and you were injured on the job, you may have to set up a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) where you set aside a portion of your workers’ comp benefits to ensure you have enough money to cover the 20% that …

Can Minors File for Workers’ Compensation?

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Yes, employers must cover all minors under their workers’ compensation plans.  Lost wages are calculated based on future earning capacity, not on the amount made in the past year like non-minor cases. Typically, a parent or legal guardian will need to participate in any court proceedings and may be required to participate in settlement negotiations as well.  In North Carolina, …

Will I lose my job if I file a workers’ compensation claim?

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Maybe. During some types of settlement negotiations, the attorneys for your employer will add a resignation requirement as part of the settlement package. This usually occurs when you settle for more money than the rating assigned to your case. If your settlement matches your rating, your employer may be more willing to forgo the resignation requirement.  This requirement is often …

Do I Have to Take a Drug Test for my Workers’ Comp Case?

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One of the first requests after filing a workers’ compensation case for your workplace injury is to submit to a drug test. The law requires you to take this test to proceed in your claim. The reasoning behind this requirement is to rule out any misuse of both illegal or prescribed drugs that may have some impact on how or …

Are visits with my chiropractor covered by workers’ comp?

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Yes, the workers’ compensation system will cover up to 20 chiropractic care visits as long as they are medically necessary. If additional visits are needed to continue or complete treatment of the injured worker, the chiropractor should contact the employer or its insurance carrier for further authorization of the treatment.  Chiropractic care is covered by the workers’ compensation system as …

Is Occupational Accident Insurance the same as Workers’ Comp?

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No, Occupational Accident Insurance (OAI) is a separate form of insurance. It is not a lawful substitute for workers’ compensation insurance coverage. OAI is different from workers’ compensation insurance in that it only covers specific injuries and limits benefit payments based on the terms of the insurance policy contract.  It is regulated by the NC Department of Insurance not the …