What to Know About Your NC Workers’ Comp Case

At the Law Offices of James Scott Farrin, our goal is to try to provide the absolute highest quality legal representation in your workers’ compensation case. The insurance companies already know we mean business. We want to let them know that you mean business too.

While we are fighting for you against the insurance company, we also want to provide you with first-rate customer service. The philosophy of the Law Offices of James Scott Farrin is time tested – treat our clients the way we want to be treated. In a workers’ compensation case, this means keeping you informed and giving you the same quality advice that we would give our loved ones. Many of our clients think of us first when they need quality legal representation for themselves, family, and friends. We are here to serve you. And we encourage you to contact us if you have any questions whatsoever.

We know that suffering a work-related injury can be a major irritant, even in the best circumstances. At worst, it can be a life-shattering event like it was for Christopher. Read his inspiring story. For exactly this reason we strive for your complete satisfaction with our firm’s representation of your case.

Here are some things you should be aware of as we proceed through your workers’ comp case:

  • You are part of your workers’ comp team. The most important part, really. Your participation is key to a potentially successful outcome of your case.
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  • Please keep the lines of communication open. We will strive to do the same from our end. We will explain the facets of a workers’ compensation case. For example, how some insurance companies may troll the social media accounts of a claimant to try to find a photo, a post, or other seemingly insignificant evidence and use it to deny medical treatment compensation.
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  • Keep up with your medical appointments as best you can. Informing your doctors about all of your injuries is critical. It can mean the difference between an accepted or a denied workers’ compensation case.
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At James Scott Farrin, our team of workers’ comp attorneys has several North Carolina State Bar Board Certified Specialists in workers’ compensation law. Call us today for a free case evaluation.

 

Others on Your James Scott Farrin Workers’ Comp Team

Any number of attorneys and paralegals who may work on your case are on your team, as well as the numerous other resources our firm offers.

Several are former defense attorneys and paralegals that worked for insurance companies. We’ve worked for the “other side,” so we know what you’re up against. We know some of their delay, deny, and defend strategies because we’ve seen it from the inside.

More than half our workers’ comp attorneys are NC Board Certified Specialists in Workers’ Compensation law. This is the highest level of specialization available in North Carolina, and only a small percentage of NC attorneys can make that claim. Very small.

We have a former North Carolina Industrial Commission Deputy Commissioner and Special Deputy Commissioner. The North Carolina Industrial Commission (NCIC) is the impartial agency that administers and enforces workers’ compensation laws.

A former North Carolina state senator. He was elected to serve the seventh district of North Carolina for four terms.

Several of our attorneys have more than 10 years of experience. Some speak at seminars for other workers’ compensation attorneys. Two have collected coveted awards for workers’ compensation, including “Best Lawyer” and “Rising Star.”3,4 One was named “Super Lawyer” three times and “Lawyer of the Year” for Raleigh twice.5,6

Attorneys who join our side do it because they want to be advocates. Of our 13 workers’ comp attorneys, 12 are members of the North Carolina Advocates for Justice, an organization dedicated to improving the quality of legal representation in our state.

While each workers’ compensation case carries its own unique set of facts and circumstances, the evolutionary process is similar. It can best be described by examining the distinct phases of our process.

The Investigation Phase

The initial phase is one of administration and investigation. This is when we begin to build your case by collecting information such as the NCIC incident reports, reports created by the insurance company’s case managers and adjusters, and in some cases, photographs of your injuries. During this phase, we are gathering information about your accident or injury that is critical for us to try to achieve success.

The Medical Treatment Phase

Next is the medical treatment phase, often called the “healing period.” This is perhaps the source of most frustration for clients. It’s the time when you will be receiving medical treatment for the injuries you sustained. The healing process can be a lengthy one. Patience is more than a virtue – it is a necessity during this phase. You will likely will be assigned a rehabilitation nurse case manager by the insurance company, and we will monitor the medical providers and the rehabilitation nurse to try to ensure that you receive the best treatment possible. The rehabilitation nurse is hired by the insurance company as an overseer, a case manager, or coordinator. These nurses do not work for you, yet they often go with you to your medical appointments and report back to the insurance company. Read more about the role of a workers’ comp nurse.

You will eventually reach maximum medical improvement (MMI), which is the end of the healing period. At that point your medical provider will assign you a disability rating and likely release you from treatment. Unless you have specifically requested otherwise, we will not begin to negotiate with the insurance company until you reach this point of your case. Before you reach MMI, we don’t know the extent of your permanent injuries, the permanent work restrictions you may have, and any future medical treatment you might need. Moreover, this is often the best time to seek a second opinion evaluation with a doctor who has not been hand-picked by the insurance company.

The Negotiation Phase

This phase is when we begin the process of resolving your case. Before we can begin negotiations with the insurance company, we make sure we have all of the necessary information:

  • Your disability rating
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  • Your permanent physical limitations and work restrictions
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  • The future medical treatment you will need as a direct result of your workplace injuries
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  • Wage information – including overtime and bonuses – to try to ensure that you are receiving every penny of compensation to which you are entitled
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When we have gathered the necessary information, we will perform a thorough and careful evaluation to determine what we believe is the settlement value of your case. We will then call or meet with you to discuss the case value and ensure that all of your questions are answered. During that meeting, we will ask for your authority to submit a settlement demand to the insurance company.

The next step is actual negotiations with the insurance company or their attorney. This is sometimes done informally, but often takes place during a mediated settlement conference. Our clients attend and participate in these conferences. The pledge we make at this stage of your case is to use all our skills and experience to try to negotiate the best possible settlement for you and to help you make the best decision for you and your family.

The North Carolina Industrial Commission must approve all settlements. As such, if your case settles, it can take up to four to six weeks for your settlement check to arrive after the settlement has been reached. We try to shorten this period. We know that this money is critical for your future, and we work hard to try to make sure the settlement is paid expeditiously.

We have many people working behind the scenes on your case. We have dedicated, experienced, and caring professionals at every level working to ensure that we handle your case in a thorough, professional, and timely manner.

NC Workers’ Compensation Lawyers Offer FREE Case Evaluation

We hope this will give you some insight into your James Scott Farrin workers’ compensation team and what you might expect from us. We strive for your total satisfaction as you try to heal, return to work if you are able, and get on with your life.

If you have been injured on the job, contact us or call 1-866-900-7078. Your consultation is free.

 
 

3Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. For the 24th edition of The Best Lawyers in America (2018) more than 58,000 leading attorneys cast more than 7.4 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel Magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” For more information regarding the standards for inclusion, visit www.bestlawyers.com.

4Published by Super Lawyers. To be eligible for inclusion in “Rising Stars,” a candidate must be either 40 years old or younger or in practice for 10 years or less. “Rising Stars” undergo a rigorous, multiphase process which combines peer nominations with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made annually on a state by state basis. While up to 5% of the lawyers in any state are named “Super Lawyers,” by Super Lawyers magazine, no more than 2.5% are named to the “Rising Stars” list. For more information regarding the standards for inclusion, visit www.superlawyers.com.

5Published by Super Lawyers. “Super Lawyers” undergo a rigorous, multiphase process which combines peer nominations with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made annually on a state-by-state basis. For more information regarding the standards for inclusion, visit www.superlawyers.com.

6Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. Lawyers being honored as “Lawyer of the Year” are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments conducted with thousands of leading lawyers each year. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. For more information on the rules of inclusion visit www.bestlawyers.com.

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About the Author

Matthew Healey practices workers’ compensation law in North Carolina for the Law Offices of James Scott Farrin. He previously worked for a corporate defense firm, but wanted to fight on behalf of injured workers rather than against them. Matthew is a North Carolina State Bar Board Certified Specialist in Workers’ Compensation law and was named “Lawyer of the Year” for Raleigh in 2015, 2017, and 2022 by Best Lawyers in America.a He was also selected to the Best Lawyers in America “Best Lawyers” list for workers’ compensation law every year from 2013-2022.

aFor standards of inclusion, visit bestlawyers.com.

five star review badge Former Workers’ Compensation Client, Online Google Review
I want to thank everybody who worked on my case at James Scott Farrin.

I want [to] thank everybody [who] worked on my case at James Scott Farrin. They did a very professional and great job. I would recommend them to anybody that was ever looking for a lawyer, and I definitely would use them again. 1

For legal reasons and client confidentiality, reviews have been slightly edited to remove identifying information and correct typos.