What Is A Form 25P in North Carolina Workers’ Compensation?

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Filling Out Workers' Compensation FormsWhen you are involved in an accident that occurs on the job, there are a number of necessary Worker’s Compensation forms that need to be completed and then submitted to the appropriate office. One of these forms is called a 25P. Form 25P is also referred to as an “Itemized Statement of Charges for Drugs.”

This form is needed to obtain reimbursement for prescription or medical supply expenses related to the on the job injury and is also required under the Provisions of the Workers’ Compensation Act.

The form must be completed in its entirety and prescription and/or medical supply receipts must be attached. The completed form and the receipts should then be sent to the workers’ compensation adjuster or your workers’ compensation attorney who can provide them to the adjuster. The adjuster will then issue you a reimbursement check.

What is Form MSC7 in North Carolina Workers' Compensation?

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Question Mark ManForm MSC7 is the report of the Evaluator in a workers compensation case in North Carolina. An Evaluator is usually a neutral person who meets with the plaintiffs and defendants in a workers compensation case in a neutral evaluation conference.

The Evaluator will usually conducts an informal presentation of facts from both parties about the case and evaluate the weaknesses and strengths of each party in the case and provide an assessment of the settlement value and possible liabilities of the parties in the case.

Unlike a mediator, whose duties are to bring the parties to a resolution of the case, the Evaluator states the strengths and weaknesses of each party so the parties may get an unbiased opinion of the possible outcome of a case if the case proceeded to the North Carolina Industrial Commission.

At the completion of the neutral evaluation conference, the Evaluator will file form MSC7 with the Industrial Commission reporting the results of this conference and the Evaluator’s fees earned. This form will report, among other things, when and where the conference was held, names of the parties and attorneys at the conference, whether or not the parties reached an agreement.  If not all issues reached an agreement, the issues in which an agreement was not agreed upon. This report must be mailed to the Industrial Commission within seven days of the conclusion of the neutral evaluation conference.

What Is A TENS Machine?

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Workers' compensation questionsTENS stands for Transcutaneous Electrical Nerve Stimulation.  A TENS machine is a device that uses mild electrical currents to stimulate nerves, generally used to reduce pain. A TENS machine is non-invasive because the electrodes are placed on the surface of the skin only. The TENS unit is often used to help reduce pain, especially pain in the back and neck.

The pain-relieving benefits of TENS treatment are still debated by some health professionals. However, it is generally regarded as safe when operated according to the manufacturer’s instructions.

Who Is the Nurse Case Manager In A Workers’ Compensation Case?

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The job of the nurse case manager is to work directly with the individual patient in order to coordinate patient care. The nurse case manager is a registered nurse employed by the insurance carrier. The nurse case manager will often coordinate treatments between multiple doctors, and also keep the insurance carrier up-to-date about ongoing treatments, as well as when you will be medically cleared to return to work.

Workers' Compensation Nurse Case ManagerSince the insurance company pays the nurse case manager it is important that you and your workers’ compensation attorney scrutinize their efforts on your behalf. Too often nurse case managers try to push a treating physician into releasing an injured employee before the doctor should release them. We have also seen them try to convince a doctor not to provide certain types of treatment due to the fear it would cost too much money for the insurance company.

To try an avoid any improper actions by the nurse case manager the North Carolina Industrial Commission has set up guideline and rules they are required to follow. The North Carolina Industrial Commission Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims guides the conduct of nurse case managers.

Because the nurse case manager is an employee of your insurance carrier, it is advisable to discuss any questions about the role of your nurse case manager with your workers’ compensation attorney.

Can Someone Get Short-Term or Long-Term Disability and Workers' Compensation At The Same Time?

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African American Male on White BackgroundFor short-term disability benefits, this often times depends on your specific short-term disability policy. While it may be possible to receive both benefits, oftentimes exclusions are made if workers’ compensation is paid.

Just as with short-term disability, your ability to collect long-term disability benefits along with workers’ compensation will depend on the specifics of your plan. However, it is usually possible to collect both long-term disability and workers’ compensation.

In both situations, the specifics can be complicated and vary greatly from case to case. For this reason, it is always best to consult with a workers compensation attorney when the need arises.

Are Part-Time Employees Eligible for Workers’ Compensation?

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In North Carolina, employers must carry workers’ compensation insurance if they have three or more employees. If you work for a company with three or more employees, you should be covered under your employer’s workers’ compensation insurance if you are injured on the job, even if you are a part-time or temporary employee.

Father and Daughter on ComputerIf you are a part-time or temporary employee, the calculation of your workers’ compensation benefits will be the same as if you were a full-time or permanent employee. Your average weekly wage will be calculated to determine the amount of weekly benefits you should receive while your workers’ compensation case is pending.

For more information on how the average weekly wage is calculated, read our blog post explaining the process.

What is the Coming and Going Rule in Workers’ Compensation?

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Construction Worker Injured at Work in North CarolinaGenerally, North Carolina workers’ compensation law covers injuries that are sustained as a result from an accident that occurs during the course of employment. As you might imagine, there are plenty of gray areas to workers’ compensation law. One of the main elements that must be proven in a workers’ compensation case is that the accident which gave rise to the injury occurred during the course of employment.

Generally, injuries that arise from an accident that occurred when the employee was driving to or from work are not covered under workers’ compensation law – this is why it is called the coming and going rule.

However, there are a few circumstances where an employee’s injuries may be covered even if they were driving to or from work:

–       If you are a “traveling salesman” and do not have a set time that you come into or out of work every day

–       If you are on the employer’s premises when the accident occurs

–       If you drive a company vehicle or are reimbursed for travel expenses by your employer

–       You are running a special errand for your employer, even if it is in your personal vehicle

–       You are traveling for your job, for example, on an overnight trip

If any of the above circumstances applies, then your injuries may be covered under workers’ compensation law.

What is the North Carolina Industrial Commission's Form MSC8?

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North Carolina Industrial Commission Form MSC8 is a mediated or compromised settlement agreement. This mediated settlement agreement sets forth the terms of the settlement agreement in a workers’ compensation case in North Carolina. The agreement stipulates certain agreed upon facts of the case which may include, but is not limited to, the following topics:

1) Whether the Defendants admit or deny compensability of Plaintiff’s claim.

2) Employment status of the worker. For example, has the worker returned to work, or is the worker still out of work due to the injuries?

3) Compromise settlement agreement states the total sum in dollars paid to the worker for the injuries. In other words, the dollar amount settled in this case.

4) The fourth section talks about the injured worker’s ability to receive disability benefits until this settlement agreement is approved by the North Carolina Industrial Commission.

5) This section deals with medical payments. Is the injured worker aware if there is a settlement agreement, he or she may be responsible for all future medical expenses pertaining to this case? When signing a compromised settlement agreement the Plaintiff acknowledges they will no longer have their medical expenses covered by the Defendants.

6) The sixth section discusses potential liens. It explains the Plaintiff has not put the Defendants on notice of any liens against the settlement proceeds and explains the Defendants will not be responsible for any liens.

7) This section deals with other interest. Basically the parties agree that this is a fair settlement.

8) The eighth section pertains to third-party claims. For example, health insurance claims.

9) This section deals with the mediator’s fees. Most of the mediator fees are paid by the Defendants if a settlement is reached at mediation.

10) This section pertains to the fact that only written promises in this agreement will be relied upon by the Plaintiff, or injured worker. No oral or verbal promises will be relied upon by the Plaintiff. In other words, unless it is in writing, no promises have been made.

11) The final section explains that all parties are bound by the language in the settlement agreement.

Eventually, the Plaintiff / Worker’s attorneys, the Plaintiff / Worker, the Defendants’ attorneys, and the mediator signs this agreement binding all parties to the terms of the agreement. It is important that you carefully go over Form MSC8 or Mediated Settlement Agreement because it contains the final language of your settlement agreement with the Defendants.

What Is A Form MSC2 in North Carolina Workers' Compensation?

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Construction Worker Injured at Work in North CarolinaA Form MSC2 is a form used for the North Carolina Industrial Commission. It is a petition or request for an order referring a case or claim to a mediated settlement conference. This form request that the Industrial Commission order the case to a mediated settlement conference. The form is usually requested by the injured worker or the employer.

A mediated settlement conference is a hearing in which the parties appear and try to come to a resolution of the workers compensation case before an actual Industrial Commission hearing is held. The form MSC2 must be served on all parties regarding the workers compensation case.

After a review of the form MSC2 by a Commissioner or the Deputy Commissioner assigned to the case, the Commissioner or Deputy Commissioner may enter an order referring this case to a mediated settlement conference. The Commissioner or Deputy Commissioner will set a deadline as to when the mediated settlement conference should be completed.