Should I Give A Recorded Statement to the Insurance Company or Employer?
The answer is maybe! When an employer, or especially their workers’ compensation insurance company, wants to take a recorded statement from you, they are not trying to help you. They will probably try to use the statement against you in the future. Most of the time they are gathering ammunition to use against you in the recorded statement.
When taking a recorded statement from you, the insurance company representative may state questions in a way that weakens your case for workers compensation benefits. For example, you have injured your knee at work. The adjuster may ask you if you help coach any of your children’s sports teams. You explain that you help coach your son or daughter’s soccer team. The adjuster may try to twist your answer in such a way that it appears your current injury is an injury you had outside of work and they could deny your workers compensation benefits based upon the way you answer this question. Be extra careful how you answer the question. Remember the insurance adjuster is not your friend, even though they may seem like a nice person. They have a job to do!
We suggest you not give a recorded statement to the insurance company unless you are in the presence of your attorney.
In the alternative, you may agree to state what happened to you in writing. Ask the insurance adjuster to send you their questions in writing and you can then answer them in writing.
However, be aware if you do not cooperate with the insurance company they may deny your claim. If you decide to give the insurance adjuster a statement, at least contact an attorney to discuss your options before you give the statement. The insurance adjuster’s job is to find a technicality so they can avoid covering your workers’ compensation claim. It is a business for the insurance company and they generally lose money if they have to pay your claim. A workers’ compensation attorney can help you ensure that protect your rights.
Is Gross or Net Income Used To Determine the Average Weekly Wage in Workers’ Comp Cases?
If you have been injured by an accident at work, you will find it is in your best interest to meet with an attorney as soon as possible to be sure your rights are being protected. When you meet with an attorney, you will likely find that one of the first questions they ask you as they begin working on your file is “how much were you making at your job?”
Your income at your job prior to the accident is important to your workers’ compensation case because it allows your attorney to determine your “average weekly wage.” Your average weekly wage is the calculation used to determine your “comp rate,” which equals 66% of your average weekly wage.After your attorney determines your average weekly wage using your gross income, your comp rate (which is the amount you will be paid until you either return to work or a settlement is reached) will be determined by calculating 66% of your average weekly wage.
As you can see, your average weekly wage is the number that ultimately determines the amount of money you will be entitled to receive while you wait for a settlement in your case or wait to appear in front of the Industrial Commission. Your attorney will use an average of your gross income prior to your injury to determine the average weekly wage for your case.
Do I Have To Pay Taxes On Workers’ Compensation Settlements?
The task of fighting for, being approved and actually receiving your workers’ compensation settlement is daunting enough, but what are you to do when you file taxes? Do you pay taxes on the settlements? Should you be setting money aside to cover that?
Circling a Date on CalendarThe answer to your question is no. Workers’ compensation settlements are fully tax-exempt if paid under the Workers’ Compensation Act; according to Publication 907, “Workers’ Compensation for an occupational sickness or injury if paid under a Workers’ Compensation act or similar law” is exempt.
What Should I Expect at a Workers’ Compensation Mediation?
In North Carolina, if a party to a workers’ compensation case, such as an injured worker or an employer/insurance company, has requested a hearing in front of the North Carolina Industrial Commission by filing a Form 33, a mediation is required by state law. However, if an agreement or settlement is reached by all parties before the mediation, the mediation is not necessary. Sometimes, the parties agree to an informal mediation between themselves.
The purpose of the mediation is for the parties to come together, with the assistance of an approved mediator, and try to settle the matter without the cost and expense of a formal hearing in front of a deputy commissioner, who is similar to a judge.
What Is Discovery In A Lawsuit?
A lawsuit is crafted of several different stages. In the civil proceedings there are certain litigation paths that must be taken depending on the route of the case. Discovery is in the pre-trail phase of a lawsuit and acts as the parties’ opportunity to gather information.
Upon the commencement of a civil action by filing a civil summons, the defendant is allowed to file an answer to the complaint, either admitting or denying allegations.
In response to the answer, the plaintiff’s lawyers then put together written questions known as “interrogatories,” which usually mark the beginning of the discovery phase in litigation. These are a series of questions compiled by the plaintiff’s for the defendant to answer. However, the defendant may also serve a set of interrogatories on the plaintiff(s).
In addition to interrogatories, the parties may request depositions. A deposition is an examination of a party or witness in a lawsuit. A deposition allow for each side to gather further information and allows opposing counsel the opportunity to know what a witness or party to a case may say at trial by allowing them to question or depose them.
Another tool in the discovery process are the requests for admissions. These are used to determine which issues or facts in a case are really in contention. If a party is willing to admit to something then it is not something that needs to be argued during a potential trial. Requests for admissions are done in writing.
This is just a brief synopsis of the different parts of discovery in a lawsuit. The important thing to remember is discovery is meant to gather or discover information so there are fewer surprises if a case does find its way to court.
