Legal Question in Workers Comp in North Carolina

Re: Short Term Disability/Workman's Comp

In general, the workers' comp insurance company may claim a credit for the STD benefits - unless you paid part of the premiums for coverage. Be aware that the STD insurance policy may provide for the STD insurance company to get reimbursed by the comp carrier.

So you can get caught in the middle. If you have had time to get to the point of a medical diagnosis, your claim should have been accepted and comp benefits should have begun. File Industrial Commission Form 18 ASAP. Call the Commission to determine the status of your case and request copies of everything in your file. Go to www.ncworkcomp.com, click on "links" and select the Industrial Commission. If you have not done so already, get an attorney. Good luck!

Re: Short Term Disability/Workman's Comp

Most STD/LTD plans exclude coverage for work-related injuries. If you have a private STD/LTD plan, there is more of a chance they will pay alongside WC benefits. Check the plan language.

Make sure your claim is filed with the NC Industrial Commission via Form 18 within 2 years of your date of injury. File a Form 33 to request a hearing if the carrier starts giving you hard time. You want to review the Bulletin on the NCIC website for more info on the system, and do not forget to ask for mileage reimbursement for medical travel if over 20 miles round-trip.

You can link to the NCIC website via our site at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC