- November 19, 2022
Most people who get hurt on the job suffer from a slip and fall. Or they try to carry something way too heavy. It isn’t all that often that one of our clients has been injured while using a defective piece of equipment or machinery. When this happens, a case can become much more complicated than you may think. On the one hand, your Charlotte workers compensation attorney needs to make sure your claim is filed properly. At the same time, they need to file your civil claim against the company that manufactured or services the defective machine. This can put a lot of strain on your well-being. The good news is that you don’t have to worry about this. Our Charlotte injury lawyers will take care of things for you.
What we suggest is that you call our office as soon as possible after your workplace accident. The sooner you get your Charlotte workers compensation attorney involved, the sooner you can focus on what’s important. We offer new clients a free, initial consultation. You can sit down with someone who’s handled cases just like yours in the past. Our associates are familiar with the laws in North Carolina. They also know how to deal with the insurance companies. While you recover from your injuries, our Charlotte injury lawyers will focus on moving your legal claims along. Since your consultation is free, you have nothing to lose. In fact, you don’t pay our firm a dime until we settle your case.
You Should Still File a Workers Compensation Claim with Your Employer
The first thing you need to do is file a worker’s compensation claim with your employer. Even if you believe you were hurt due to a faulty piece of equipment. You need to put your employer on notice that you suffered a workplace accident. Once they send you out for treatment, you’ll have a better idea of how serious your injuries are. When you are finally settled, you should call and speak with a seasoned Charlotte workers compensation attorney. Let them know what happened. They can make sure your workers’ comp claim is handled properly.
Make sure to let your attorney know about the defective equipment as well. If you were hurt due to faulty machinery or equipment, you may have a claim for damages against the company that made the machine. Or, if it was an issue with maintenance, you can sue the company who services the equipment. If you aren’t sure who you’re supposed to sue, don’t worry. Your Charlotte injury lawyer can certainly figure that part of it out.
Meet with a Charlotte Injury Lawyer to See if You Have a Case Against Any Other Party
Once your workers’ comp claim has been filed, you should consider pursuing the company that manufactured the machine you were using. There are usually signs that a piece of equipment isn’t working properly. For example, you may have complained to your manager about the machine making funny noises or jamming. Other employees may have put their concerns in writing to their manager or Human Resources. This is the kind of evidence your Charlotte injury lawyer needs. It helps show that your employer was aware that the equipment was dangerous and not working properly. This opens up the possibility of suing your employer for damages beyond the benefits you’ll receive under workers’ compensation.
Your Charlotte Workers Compensation Attorney Can Pursue Damages in Civil Court
If you limit your recourse to filing a workers compensation claim, you’ll receive two types of benefits. First, any medical care related to your workplace accident should be covered by your employer’s insurance carrier. In addition, you’ll receive weekly replacement wages equal to 2/3 of your average weekly wages. These benefits will continue until you reach maximum medical improvement. Very few of our clients stay out on workers comp for the full duration. By then, we have usually settled their case.
While this is going on, your Charlotte workers compensation attorney will also be preparing your lawsuit against the manufacturer or designer of the defective machinery. Depending on what was wrong with the machine, you may have a claim against one of several different parties. For example, your Charlotte injury lawyer may be able to prove that the equipment hadn’t been serviced in years despite the requirement that it be inspected annually. Another way you can prove negligence on the part of the defendants is if you have evidence that your employer knew the machine wasn’t working properly and did nothing about it. This will give you a chance to recover damages from both the manufacturer of the machine and the company you work for.
Your Charlotte Injury Lawyer Will Do Their Best to Get You the Compensation You Deserve
Cases that involve both a workers compensation claim, and a civil lawsuit can be tricky. You’re dealing with two totally different agencies. Your workers’ compensation claim is handled by the North Carolina Industrial Commission. Your Charlotte injury lawyer will have to deal with the civil courts for your lawsuit. Not only will these claims be open simultaneously, but your Charlotte workers’ compensation attorney will be negotiating with several defendants at the same time. Knowing how complicated these cases can become, it’s a good idea to sit down with an experienced Charlotte injury lawyer.
Our attorneys meet with new clients every week who think they have a claim for damages. This is unusual with workers’ compensation cases. Typically, a worker’s comp case involves a claim filed with your employer. It’s either approved or denied. Once the insurance company makes its determination, your Charlotte workers compensation attorney will decide what to do next. If your claim is denied, they’ll file an appeal. If that doesn’t work, they can sue under workers compensation. At the same time, you may need to file suit against the company that manufactured or designed the defective equipment. Or you may need to pursue the company that services it. It all depends on the facts of your case.
For now, the best thing to do is contact one of our Charlotte injury lawyers as soon as possible. We’ll figure out what your options are and give you an idea of how best to proceed Since we do offer new clients a free, initial consultation, you don’t have anything to lose. You can be the defendant will have a team of lawyers working for them and you should too.
