Workers’ Compensation Lawyers: Can They Help My Case?
Dealing with a workplace injury can be overwhelming, especially when navigating the complex workers’ compensation process. For North Carolina workers, filing a workers’ compensation claim is essential to receive benefits like medical treatment, coverage for medical bills, and temporary total disability benefits. However, disputes with an insurance company or workers’ comp insurance provider can make this process difficult, particularly if your claim is denied.
Employers with three or more employees in North Carolina are required to carry workers’ compensation insurance, which provides injured workers with workers’ compensation benefits. These include temporary partial disability benefits, permanent partial disability benefits, lost wages, and even death benefits for families of workers lost to workplace accidents. Unfortunately, securing these benefits often requires a skilled workers’ compensation lawyer to handle disputes about average weekly wages, maximum medical improvement, or permanent disability benefits.
An experienced Charlotte workers’ compensation attorney can guide you through every step of your workers’ comp case, from filing the claim to resolving disputes with your employer or insurance provider. We work on a contingency fee basis, ensuring you don’t pay unless we win your case. Whether addressing temporary disability benefits, permanent total disability benefits, or medical expenses, we fight for fair compensation for North Carolina workers.
If you’ve suffered a work-related injury or occupational disease, it’s vital to seek medical treatment immediately and document your medical care. Our law firm has extensive experience representing clients in workers’ compensation cases before the North Carolina Industrial Commission and pursuing legal services to secure monetary compensation for denied workers’ compensation claims.
Contact us today at (704) 706-2689 for a free consultation. Let our experienced workers’ compensation lawyers handle your workers’ comp claim, allowing you to focus on recovery while we fight for the workers’ compensation benefits you deserve.
Workers’ Compensation in NC – The Basics
Workers’ Compensation is insurance held by an employer to compensate employees with work-related injuries by providing treatment-related expenses and payments for lost wages.
Under North Carolina law, only certain businesses are required to maintain workers’ compensation insurance, including those businesses that employ three or more employees.
If your employee fits into this category but fails to carry workers’ compensation insurance, you can report the situation to the state for further actions.
Hiring A Workers’ Compensation Lawyer
Once you experience a work-related injury, there are several steps you need to take in order to file your claim. Your first priority is to seek medical attention for your injuries. If you can, notify your employer about your injuries to learn where you should go for medical assistance.
If your employer directs you to see a specific physician, follow that direction. Under the law, you are required to use your employer’s doctor unless you are first given permission to utilize another physician.
If your employer’s approved doctor is not available to you, visit your own doctor or go to the nearest emergency room for treatment. But, you should still inform your employer of the situation as soon as you can.
North Carolina requires employees to provide the employer with written notification of the injury within 30 days of the causing accident. You can do this in a variety of ways. You or a family member can deliver a letter to your supervisor or can submit North Carolina Industrial Commission Form 18 to the commission.
The commission will inform your employer, which the law treats as adequate notification to the employer.
Once notified of your injuries, your employer should provide you with Form 18. If you have not previously completed it, fill it out completely and submit it to the Industrial Commission. When completing this form, you should include all of your work-related injuries and illnesses.
Don’t assume that you will have an opportunity to amend the form later. If you fail to include a condition, you will be unable to collect insurance benefits on it later.
How do I File a Workers’ Compensation Claim?
After your claim is filed, the employer’s insurance company will contact you about your injuries. The adjuster will refer you to a specific doctor for an initial examination. If you do not trust the insurance company doctor, file a request with the Commission for permission to see another physician.
Don’t refuse to see the employer’s doctor or go to another physician without prior permission. If you do this, you can jeopardize your workers’ compensation payment of medical expenses.
Based on your initial doctor’s evaluation, the insurance company will deny your claim or accept it and create a treatment plan. if they choose to deny it, they must give a detailed explanation to you and the Commission.
If your claim is denied, you have the option of filing an appeal with the Industrial Commission. The agency will investigate the situation and make a decision to side with you or the employer. If you need help with this process, contact an experienced Charlotte workers’ compensation lawyer for assistance.
What Are Common Types Of Workers’ Compensation Injuries
There are various types of work-related injuries that are typically covered under workers’ compensation insurance. These include:
- Amputations; these commonly occur in factories and industrial settings;
- Slip and fall injuries
- Hearing loss and eye injuries
- Exacerbated pulmonary conditions, like asthma
- Work induced conditions, like heart attacks, strokes or hypertension
- Work induced psychiatric and emotional problems brought on by physical injury
- Mesothelioma from asbestos exposure and other occupational-related diseases
- Burns and electrocutions
- Back, knee and shoulder injuries
- Traumatic brain injuries
- Injury from dangerous or defective tools and machines
Types of Compensation Our Attorneys Will Pursue for Your Workers’ Compensation Claim
When you’ve been injured in a workplace accident, securing the right benefits is essential to your recovery and financial stability. At our law firm, our experienced Charlotte workers’ compensation lawyers are dedicated to ensuring you receive the full range of workers’ compensation benefits you’re entitled to under North Carolina law.
We understand the complexities of the workers’ compensation process and fight tirelessly for injured workers. Below are the types of compensation we will work to secure for your workers’ comp claim:
Medical Treatment and Expenses
One of the most critical aspects of a workers’ compensation case is ensuring all medical expenses are covered. This includes hospital bills, doctor visits, surgeries, therapy sessions, medications, and other forms of medical care required due to your work-related injury. We’ll make sure your insurance company covers these costs without unnecessary delays or disputes.
Lost Wages
If your injury prevents you from working, our attorneys will fight to recover compensation for your lost wages. Based on your average weekly wages, you may be entitled to temporary total disability benefits while you’re unable to work or temporary partial disability benefits if your injury limits your ability to earn your full income.
Permanent Disability Benefits
For those who suffer lasting impairments, we’ll seek permanent partial disability benefits or permanent total disability benefits, depending on the severity of your condition. These benefits compensate you for long-term loss of earning capacity and quality of life due to your injuries.
Death Benefits
If a loved one tragically passes away due to a workplace accident or occupational disease, we can help secure death benefits for the surviving family members. These benefits may include financial support for funeral expenses and ongoing compensation to dependents.
Disability Benefits
In addition to workers’ compensation, we’ll explore other avenues of support, such as Social Security disability benefits, to ensure you receive the maximum possible assistance. Our team works to coordinate these benefits alongside your workers’ compensation claim to provide comprehensive financial relief.
Fair Compensation for Denied Claims
If your claim has been denied or your employer refuses to acknowledge your injury, our workers’ comp attorneys will take immediate action. Whether presenting your case to the North Carolina Industrial Commission or negotiating with the workers’ comp insurance provider, we aim to overturn denied workers’ compensation claims and secure the benefits you deserve.
Monetary Compensation for Medical Bills and Expenses Related to Your Injury
We’ll ensure that you are reimbursed for all expenses related to your work injury, including out-of-pocket costs for medical treatment and ongoing care. Our attorneys fight to minimize your financial burden by holding the insurance provider accountable.
Personal Injury Claims
If your injury involves a third party, such as an equipment manufacturer or negligent contractor, we’ll pursue a personal injury claim in addition to your workers’ comp case. This allows you to recover further monetary compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation insurance.
By working with an experienced workers’ compensation lawyer, you can navigate the legal process with confidence and focus on your recovery. We’ll manage every aspect of your claims process, from gathering medical records to proving your injury occurred on the job. Our team operates on a contingency fee basis, meaning you pay no legal fees unless we win your case.
Let our Charlotte workers’ compensation attorneys fight for your rights. Whether you’re dealing with a denied claim, an occupational disease, or ongoing disputes over maximum medical improvement, we’ll secure the fair compensation you deserve. Contact us today for a free consultation and take the first step toward receiving the workers’ compensation benefits you need.
What is NC’s Statute Of Limitations On Workers’ Compensation
There is a statute of limitations on the amount of time you have to file a workers’ compensation claim. These time limits are generally in place to preserve the availability of evidence and witnesses. Under North Carolina, a worker must file a claim within two years of the initial injury date.
You can accomplish this by submitting Form 18 to the North Carolina Industrial Commission. Your employer should send you the form upon notification of your injury, but if they don’t, you can obtain the form directly from the commission, or here.
Failure to file your claim before the statute of limitations expires will bar you from ever filing a workers’ compensation claim. Submitting the form soon after your injury is the best way to avoid a late filing.
If the relevant injury is an occupational disease, time starts on the two-year statute of limitations when the illness interferes with your ability to work.
The other statute of limitations under North Carolina law relates to retaliation lawsuits. If your employer retaliated against you after filing a workers’ compensation claim, the state gives you three years from the date of the retaliatory action to file a lawsuit with the help of our experienced Charlotte workers’ compensation lawyers.
An available alternative is to complete a complaint through the North Carolina Employee Discrimination Bureau. With this option, you are allowed 180 days from the date of retaliation to file your complaint.
The agency will determine if the discharge was lawful after investigating the circumstances of the case. If the agency sides with the employer, the Commission will issue a right to sue letter, which allows you to independently file suit in court.
Conversely, if the findings are in favor of the employee, the Commission will attempt to negotiate the matter.
Who Is Eligible For Workers’ Comp Coverage?
Workers’ compensation insurance is available to a variety of workers. Under North Carolina law, generally, all employees are eligible for coverage. Some employees excepted from this requirement include:
- Employees of certain railroads
- Casual employees, i.e., individuals who do not perform “work pertaining to the regular course of defendant’s business”
- Federal government employees in North Carolina.
Contrary to common belief, part-time workers that do not fall under one of the exceptions listed above are eligible to file for workers’ compensation coverage as long as their employer employs 3 or more employees.
Many other factors can affect workers’ compensation eligibility. When the injury occurs, you must be performing duties that are within the scope of your employment. The scope of employment means actions completed in relation to the job.
It’s important to note that determining the scope of employment can sometimes prove challenging.
When making these determinations, the courts generally look at whether the incident occurred at the place of employment or within the time frame of employment; whether the incident occurred when the employee was performing tasks they were hired to perform; and whether the employee’s actions were motivated by the interests of the employer.
Questions over this designation can also apply when injuries occur within the employer’s physical location if issues of drug or alcohol use, reckless behavior, or the commission of a crime are involved.
Pre-Existing Injury
Under North Carolina law, preexisting injury is not an automatic bar for workers’ compensation coverage. The general requirement is that a new work-related accident must have aggravated the preexisting injury.
Determining whether the work-related accident was a direct cause of the present injury can prove challenging.
Compensation depends on whether the current injury actually resulted from a job-related incident, so you must show that a work-related accident caused complication with your existing injury or the duties of your job aggravated your injury to the point where you cannot continue working.
If neither of these conditions applies, your claim is likely denied.
Often, insurance companies automatically deny a workers’ compensation claim based on a preexisting condition, but it is not lawful for an insurance company to automatically issue a denial based solely on these grounds.
If you feel that your claim was unfairly denied because of your preexisting condition, you can request an appeal through the North Carolina Industrial Commission. Maintain a record of problems with your preexisting condition to best support your case.
Taking Time Off
You are not required to take time off of work in order to collect workers’ compensation insurance. Even if you continue working, you are still able to receive medical benefits. Your treating physician is the best party to decide about your ability to work through your job-related injury.
Upon reviewing the extent of your injuries, they will decide whether it’s appropriate for you to keep working. Your doctor may allow you to continue working with certain limitations, like only working on certain machines or only working from a seated position.
Workers who continue working on the same schedule as before their injury can receive medical expenses, but not lost time weekly benefits. Alternatively, you and your physician may determine that it is appropriate for you to only continue working on a part-time basis. In these situations, you may receive lost-time weekly benefits only for the time that you are away from work.
While it may appear more attractive to continue working and collect your regular pay instead of filing a workers’ compensation, this decision may result in some negative consequences.
- You may exceed the statute of limitations for filing even if your condition worsens
- If your employer takes retaliatory actions against you, there is no proof of your work-related injuries to demonstrate that your employer acted in bad faith.
Third-Party Liability
Any individual or entity other than the employer who may have contributed to the employee’s injuries is considered a third party. The employee seeks third party liability when they make a claim against a third party to seek compensation for work-related injuries.
Workers’ compensation insurance is in place to provide employees with financial compensation and medical coverage in exchange for an agreement not to file suit against the employer. It solely covers current medical expenses and income loss but does not cover long term losses of income.
To make up for these limitations, the employee may choose to file a lawsuit against the third party, which differs from the workers’ compensation claim. The process to pursue a third-party liability claim begins with the institution of a lawsuit in the appropriate court and proceeds as if there were no pending workers’ compensation claim.
Proving negligence on the part of the third party requires proof that:
- The third-party owed you a duty
- He or she breached that duty
- The breach caused your injuries and
- You suffered damages
Subrogation
When employees who are receiving workers’ compensation benefits also seek compensation from a third party, the state of North Carolina allows the employer’s insurance company to seek a subrogation claim.
The purpose of this action is to recoup money paid for the employee’s medical treatment and lost wages. In order to reach a settlement agreement, both the employee and the employer must agree to the settlement amount. Once third party payment is made, the employer receives compensation first before the employee receives any of the award.
When Employers Don’t Cooperate
After you report an injury to your employer, the correct course of action is for the company to file a report with the workers’ compensation insurance provider. If this task is not completed, the treatment and compensation cannot commence. Unfortunately, employers may refuse to act and cooperate in the process.
Some ways that this may manifest itself are as follows:
- Forcing an employee to return to work prematurely
- Forcing an employee to use health insurance instead of workers’ compensation insurance
- The employer paying the employee a regular salary instead of allowing payment through workers’ compensation
- Delaying the claim with the hopes of having the statute of limitations expire
- The employer pressuring the company doctor to downplay the employee’s injuries
- Threatening retaliation against the employee for filing a claim.
In North Carolina, employees possess several options when an employer refuses to file the claim. You can obtain a claim form directly from the North Carolina Industrial Commission and file it on your own or get the help of a trusted workers’ compensation lawyer near you.
Under North Carolina law, the Retaliatory Employment Discrimination Act (REDA) protects employees against employer retaliation for filing a workers’ compensation claim. The state of North Carolina also offers protection under common law, which also prohibits employers from retaliating against employees who engage in protected actions.
Employees who believe that they were retaliated against can file a formal complaint with the North Carolina Department of Labor, Employment Discrimination Bureau (EDB). The complaint must be filed within 180 days of the retaliatory action.
EDB conducts an investigation to decide whether reasonable cause exists to believe that the discharge was unlawful. There are two possible outcomes from the investigation: The EDB may find against the employer and issue a right to sue letter, or the EDB may find for the employee and attempt to resolve the issue through mediation.
Proving Retaliation with the Help of a Workers’ Compensation Lawyer
Retaliation can present itself in various ways, including lower pay, demotions, or unreasonable disciplinary actions.
To prove that retaliation occurred, you must prove the following elements:
- You are an employee entitled to workers’ compensation benefits
- You filed a workers’ compensation claim
- You suffered from an adverse employment action, including discharge from employment or some other type of punishment; and
- Your employer imposed adverse action because of your filing.
There is a statute of limitations in place, which limits the amount of time you have to file suit regarding retaliation. Failure to file within the allotted time can result in your losing the right to ever bring the case to court.
Under North Carolina law, the statute of limitations is three years from the date of the retaliatory action.
Frequently Asked Questions: Workers’ Compensation and Types of Compensation
What types of workers’ compensation benefits can I receive in North Carolina?
In North Carolina, injured workers may be entitled to several types of workers’ compensation benefits designed to assist with their recovery and financial stability. These benefits include coverage for medical treatment and expenses such as hospital bills, doctor visits, medications, and therapy. Injured workers can also receive temporary total disability benefits if they are unable to work or temporary partial disability benefits if their injury limits their ability to earn their full income. For those with lasting impairments, permanent partial disability benefits or permanent total disability benefits may be available to compensate for long-term loss of earning capacity.
Additionally, death benefits are provided to the families of workers who tragically pass away due to workplace accidents or occupational diseases. Consulting a Charlotte workers’ compensation lawyer can help ensure you secure all the benefits you are entitled to under North Carolina law.
What does workers’ compensation cover in North Carolina?
The workers’ compensation system in North Carolina is designed to provide comprehensive support for injured workers. It covers all medical treatment related to a work-related injury, including surgeries, therapy, and medication. Additionally, it provides compensation for lost wages when workers are unable to work due to their injury, along with disability benefits for temporary or permanent impairments. Families of workers who lose their lives due to workplace accidents or illnesses may also be eligible for death benefits. Working with an experienced workers’ compensation lawyer ensures that you receive the fair compensation you deserve.
What should I do if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, taking swift action is crucial. An experienced workers’ compensation attorney can help you appeal the denied claim by presenting your case to the North Carolina Industrial Commission. They will work to gather necessary evidence such as medical records and proof that the injury occurred on the job. Additionally, they can negotiate with the workers’ comp insurance provider or your employer’s insurance company to fight for the benefits you are entitled to under North Carolina workers’ compensation law.
Can I receive lost wages through workers’ compensation?
Workers’ compensation benefits in North Carolina often include compensation for lost wages. If your injury prevents you from working entirely, you may qualify for temporary total disability benefits. If you can work but at a reduced capacity, you may be eligible for temporary partial disability benefits. In cases of permanent impairments, you may be entitled to permanent partial disability benefits or permanent total disability benefits, depending on the severity of your condition. An experienced workers’ comp lawyer can help ensure your lost wages are calculated accurately based on your average weekly wages.
Does workers’ compensation cover all medical bills?
Yes, workers’ compensation insurance typically covers all medical bills related to your work-related injury. This includes doctor visits, hospital stays, medications, surgeries, and physical therapy. However, it is essential to seek medical treatment immediately and document all care to support your claim. If the insurance company disputes your medical expenses, a workers’ compensation attorney can advocate for your right to full coverage under North Carolina law.
How does North Carolina law define eligible workers?
Under North Carolina law, most workers employed by companies with three or more employees are eligible for workers’ compensation benefits. Employers are required to carry workers’ compensation insurance to cover workplace injuries and occupational diseases. Independent contractors may not be covered under the workers’ compensation system, so consulting a Charlotte workers’ compensation lawyer can help determine your eligibility and guide you in filing your workers’ comp claim.
What happens if my employer refuses to report my injury?
If your employer refuses to report your workplace injury, you should take immediate steps to protect your rights. Start by seeking medical treatment immediately and notifying your doctor that the injury is work-related. Provide written notice of the injury to your employer to establish a record of the incident. Then, contact an experienced Charlotte workers’ compensation attorney who can help file your claim directly with the North Carolina Industrial Commission and ensure you receive the workers’ compensation benefits you are entitled to.
Can I file both a workers’ compensation and personal injury claim?
In certain situations, injured workers may file both a workers’ compensation claim and a personal injury claim. While workers’ comp covers injuries caused by workplace accidents, a personal injury claim may be appropriate if a third party, such as an equipment manufacturer or negligent contractor, is responsible for the injury. Filing both claims can allow you to seek additional monetary compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation insurance.
How can a workers’ compensation attorney help with my case?
A workers’ compensation attorney provides invaluable support throughout the legal process. They guide you through the claims process, gather medical records and evidence, and fight for fair compensation. If your claim is denied, they can appeal the decision to the North Carolina Industrial Commission and negotiate with the insurance company or workers’ comp insurance provider. They also ensure you receive the full range of benefits you are entitled to, such as temporary or permanent disability benefits, death benefits, or medical expense coverage. Working with a Charlotte workers’ compensation lawyer improves your chances of success while allowing you to focus on recovery.
Contact a 1Charlotte Workers’ Compensation Lawyers for a Free Consultation
You will often need the help of a 1Charlotte workers’ compensation lawyer to get compensation for injuries at work.
Insurance companies often deny workers’ compensation claims initially in order to make the claimant file an appeal, while also requiring them to put in more effort to obtain a settlement. You can be confident that your employer will have attorneys on their side, make sure you do as well.
If you have been injured on the job, call the 1Charlotte Workers’ Compensation Lawyers today at (704) 706-2689 and receive a risk-free consultation. Our experts are available 24/7 to answer any questions you may have about your case.
Don’t waste another minute, contact our offices today and get started on the road to recovering fair compensation for your damages.
