- September 5, 2022
A workers compensation claim in Charlotte can be complicated to settle sometimes. If you were hurt at work, you probably assumed that your employer would take care of you. You know of other employees who have gone out on workers compensation and had no issues. As far as you know, there’s no reason why your claim would be denied. Unfortunately, your employer or their insurance carrier may deny your workers comp claim for a variety of reasons. Regardless of the reason, your North Carolina workers compensation lawyer will help you file an appeal for benefits.
Depending on the reason for the denial, you may have a very good chance of winning on appeal. If, however, you are still refused benefits, your North Carolina workers compensation lawyer will file a lawsuit on your behalf.
Here, we will discuss what the benefits are to having an North Carolina personal injury attorney handle your case. We’ll also explain how your attorney can help you throughout the workers compensation process. If you still have questions about your workers comp case, just give us a call so we can schedule your free, initial consultation.
Your North Carolina Workers Compensation Lawyer Will Make Sure Your Claim is Filed Properly
It’s really important that your initial workers compensation claim be filed properly. If you wait too long to file it, your claim will be denied. If you don’t describe your accident or your injuries in detail, your claim may be rejected, and you may be asked to refile with the correct information.
It’s also important that you have an attorney by your side to get status updates from your employer. Your employer is supposed to get back to you with an approval or denial in a matter of weeks. If months have gone by and you still haven’t heard anything, your North Carolina workers compensation lawyer can reach out to the insurance carrier.
Your Employer Won’t Take Advantage of You if You Have a North Carolina Personal Injury Attorney
If your employer or the insurance company knows you do not have an attorney, they will probably try to take advantage of you. It’s nothing personal, but if they can avoid paying your claim, they’ll do whatever it takes. They may not return your phone calls or answer your emails. They may put your claim on the back burner and refuse to give you updates. They may even deny your claim hoping you’ll just walk away.
Once your employer finds out that you have a North Carolina personal injury attorney, they’ll change their tune rather quickly. They understand that your lawyer is not intimidated by them and will not tolerate their antics. They’ll take your case much more seriously and your chances of having your claim improved will increase.
The other great thing about having an attorney handle your case is that they will try to negotiate a settlement with your employer. If your injuries were serious, you may not be returning to work for quite some time. You may not even be able to do the same kind of work you did before the accident. If this is the case, you’re much better off settling your claim and moving on with a different employer.
Your North Carolina Personal Injury Attorney Can File Suit on Your Behalf
If your North Carolina personal injury attorney isn’t able to get your claim paid through insurance, they can file a lawsuit on your behalf. In your lawsuit, you will have to name both your employer and their insurance carrier as defendants. If you win your case, it will be the insurance company who pays your damages. Of course, when we say damages, we really mean workers compensation benefits. These cases aren’t handled like personal injury cases, where you can demand damages for pain and suffering or lost wages. Instead, your suit will demand that you be compensated for any time you’ve missed, and that your medical treatment be covered.
If you learn that you are partially or totally disabled as a result of your workplace accident, your North Carolina workers compensation lawyer will demand additional benefits. The way these benefits or damages are calculated is by body part. There’s a schedule in every state, including North Carolina, that dictates how much each body part is worth. This schedule will also state how much you’re entitled to based on your partial or total disability.
For example, if you’ve injured you’re back and are no longer able to walk without a cane, your attorney will demand damages for a total permanent disability. They will look at the state’s workers compensation schedule and determine how much that injury is worth. This schedule does not list a dollar amount; instead, it will list your damages by the number of weeks of benefits you’re entitled to. With a back injury like the one described here, you may be entitled to 300 weeks of benefits. Your attorney will take whatever your average weekly wages were and multiply by 2/3. Then they will take this amount and multiply by the 300 weeks. Of course, this is just an example. Since every case is different, your North Carolina personal injury attorney will have to determine the exact benefits that you are entitled to.
Contact a Seasoned North Carolina Workers Compensation Lawyer
If you were injured in a workplace accident and aren’t sure what you’re supposed to do next, you’re not alone. We recommend that you call an experienced North Carolina workers compensation lawyer as soon as possible after your injury. You’re much better off having a legal professional by your side so you don’t make any costly mistakes. We offer all our clients a free, initial consultation so you can sit down and go over your case with someone who’s handled dozens of cases like yours before.
If you have an attorney by your side from the beginning, at least you’ll know that your claim is filed properly. You also won’t have to worry about the insurance company trying to take advantage of you. Once they find out that you’ve hired in North Carolina personal injury attorney, they’ll take your case more seriously.
We recommend that you call our office today so you can schedule your free, initial consultation. Your employer will have a whole team of lawyers working for them. You should have somebody in your corner too. Since you don’t pay or office until we settle your case, you have nothing to lose.
