Why Do I Need Jesse Shapiro?

WHY DO I NEED THE LAW OFFICE OF JESSE SHAPIRO?

Chances are that the insurance adjuster handling your case will, at least, consult an attorney. You should do the same thing. Workers’ Compensation law in North Carolina is a very complicated and specialized area of the law and an experienced attorney can help preserve evidence, obtain photographs of the accident scene and find experts to assist you in the prosecution of your case. A person who is injured on the job in North Carolina has the right to enforce his employer’s liability under the North Carolina Workers Compensation Act through appropriate proceedings, motions and hearings against the insurance company. The Law Office of Jesse Shapiro can assist you with this process.

We can assist you if your claim is denied. An employee who files a written notice of claim (Form 18) with the Industrial Commission is entitled to a detailed statement from the employer or insurance company within fourteen (14) days that explains the Defendants’ position on acceptance or denial of your claim. On occasion, the insurance company may not admit or deny your claim in this time period. If this happens, we can assist by filing a "Motion to Compel" the insurance company to promptly admit or deny your right to benefits under the North Carolina Workers’ Compensation Act.

If the claim is denied, you are entitled to request a specific statement from the insurance company which details the reasons for the denial of your claim. If the claim is denied, you have the right to request a hearing before a Deputy Commissioner of the North Carolina Industrial Commission. Deputy Commissioners essentially act as judges and preside over the hearings of workers’ compensation cases. A hearing is requested by filing an Industrial Commission Form 33 with the Industrial Commission. When a hearing has been requested, the Industrial Commission will, in most cases, order that the parties attend a mediation and attempt to settle the claim prior to a hearing.

We can advise you through the investigation process. Before the insurance companies pay workers’ compensation benefits, they will want to make sure that your injury actually happened at work. For you to be entitled to benefits the injury must have been one "by accident" and it must have occurred "in the course and scope of employment". An insurance adjuster may contact you and ask to take a recorded statement. The adjuster will ask you questions that are designed to obtain an answer which gives them the ability to deny your case. We can help you through this process and our attorneys will be present for the recorded statement to make sure that your rights are being protected.

We can assist in making sure that you are getting the correct medical treatment. You must cooperate with your medical care providers. You should be dressed cleanly and neatly for all appointments with your medical providers. Listen carefully to all instructions given to you by your treating physician and follow those instructions carefully. If you cannot make an appointment, notify the doctor’s office. If you fail to show up, a notation will be made in your medical chart that the insurance company will claim shows that you have not cooperated in your medical care.

If your treating physician is not cooperative or you feel that you are not getting the treatment you need or if the doctor seems to be in your employer’s corner, we can assist you in changing physicians and ensuring that you are getting proper medical attention. Sometimes, a motion must be filed with the North Carolina Industrial Commission and an attorney can assist with this process. It is the North Carolina Industrial Commission, not the insurance company, that has the final word on medical care.

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