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Category: Workers’ Compensation

My health insurance paid some of my bills. Do I have to pay them back?

September 7, 2016
Oxner
This is another of our favorite “it depends” questions. If your health insurance is an ERISA plan then you’ll likely have to pay at least some of the money back. Multi-state employers, through some unions, etc., usually carry ERISA plans. On the other hand, if you have a local health insurance plan then the answer […]
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Can I retire and be on workers’ compensation?

September 13, 2016
Oxner
Yes, you can. Some adjusters and vocational rehabilitation professionals will tell you otherwise. But the law is clear: you may be retired and still have workers’ compensation benefits. There are three things to pay attention to: You can draw workers’ compensation checks and Social Security retirement checks at the same time. With only a rare […]
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Can I get Social Security Disability and be on workers’ comp?

September 23, 2016
Oxner
Absolutely. Nothing stops you from applying for and receiving Social Security Disability and also receiving worker’s compensation. Pay attention to these: Workers’ compensation checks will not be reduced if you receive Social Security Disability checks. Your Social Security Disability checks may be reduced while you are on workers’ compensation. Your eligibility for Medicare will accrue […]
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Differences in workers’ compensation settlements.

October 4, 2016
Oxner
At the end of your workers’ compensation claim you will likely be entitled to an award of some type. Technically there is a difference in workers’ compensation law between an award and a settlement. You are automatically entitled to an award once you reach maximum medical improvement. Your workers’ compensation claim is open even after […]
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Can I draw workers’ compensation and unemployment at the same time?

October 14, 2016
Oxner
As a general rule the answer is no you cannot. Technically the workers’ compensation law isn’t that clear. North Carolina General Statute 97-42.1 says “If an injured employee has received unemployment benefits under the Employment Security Law for any week with respect to which he is entitled to workers compensation benefits for temporary total or […]
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