What are NC Medical Only Workers Compensation Claims and who decides if my claim is medical only? If your employer or employer’s workers’ compensation insurance carrier has told you that your worker’s compensation claim has been accepted but it is a “medical only” claim, continue reading.
NC Medical Only Workers Compensation Claims
Many NC workers’ compensation claims are classified as “medical only” claims. The North Carolina Industrial Commission defines a “medical only” claim to be a claim where “there is no more than one day of lost time, no disfigurement or impairment, and no more than $2,000.00 in medical expenses. The North Carolina Industrial Commission does not require the employer/carrier to submit the Form 19 for these claims, so there is no Industrial Commission file number created. The injured worker must file a Form 18 to create an I.C. file number in order to settle a dispute or request a hearing” North Carolina Industrial Commission website, “Frequently Asked Questions, (as posted November 7, 2017). These types of cases typically do not involve any missed days from work.
Who decides if my claim is medical only?
What happens when you have missed time from work or you can only work limited hours due to work restrictions resulting from your own the job injury? But your employer’s workers’ compensation company tells you that you still have a “medical only” claim and will not compensate you for your missed time from work? Often workers’ compensation insurance companies will classify a compensable workers’ compensation claim as “medical only” even though you may have missed time from work due to an on the job injury. It is in these types of situations where you should contact an experienced NC Workers’ Compensation lawyer to make sure that your workers’ compensation claim is being properly handled by your employer’s insurance company.
Just because an employer’s workers’ compensation insurance company determines your case to be a “medical only” claim does not necessarily mean that it is, especially if there is missed or reduced time from work. Basically, most workers’ compensation cases that involve some missed time from work requires there to be a calculation of an employee’s average weekly wage. The primary focus in calculating an employee’s average weekly wage is to determine what are the employee’s actual earnings and not the employee’s earning capacity. North Carolina Statutory provisions state the methods for calculating an injured worker’s average weekly wage. There are times when figuring out an injured worker’s average weekly wage can be complex especially when there are unique circumstances involved.
If you have questions about NC Medical Only Workers Compensation Claims or the employer’s workers’ compensation insurance company is telling you that they cannot compensate you for your missed time from work due to an average weekly wage calculation issue, then it is time for you to contact The Bishop Law Firm. We represent Workers’ Compensation clients in Raleigh, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. Give us a call today, (919) 615-3095.