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You May Not Need A Lawyer In Your Workers' Compensation Case

In a perfect world, a workers’ compensation claimant should never need a lawyer.

North Carolina law protects injured workers and provides a reasonable set of benefits for the injured worker. The North Carolina Industrial Commission, which administers the workers’ compensation law, provides a mechanism for injured workers to enforce the payment of benefits which the law provides.

In a perfect world, all employers and their insurance companies will obey the law and willfully provide for the employee all the benefits to which he is entitled.

However, we do not live in a perfect world.

Employers and their insurance companies are profit-making entities. Employers are usually corporations, most often big corporations, who have no soul and no conscience. Insurance companies are always corporations and likewise have no soul and no conscience. Their goal is to save themselves as much money as possible by shortchanging the injured employee.

That being said, however, it is a fact that the vast majority of workers’ compensation claims are not contested and no lawyer is ever involved.

It could very well be that you will not need a lawyer to help you with your workers’ compensation case. If the employer and its insurance company follow the law and provide all the benefits which the law requires, you do not need a lawyer.

Our workers' compensation book which we send free to North Carolina injured workers is a very helpful guide for you to learn about the benefits to which you are entitled. By reading the relevant sections of this book, you will have a general idea as to what your employer and it's workers’ compensation carrier is obligated to do for you.

If you have a question as to whether your employer is treating you fairly you may want to call the ombudsman division of the North Carolina Industrial Commission. The number to call for an ombudsman is 1-800-688-8349. This ombudsman will counsel you and answer your questions and help you determine if you’re getting everything to which you are entitled under the law.

If the ombudsman is not able to completely satisfy your inquiry, and if your questions are not answered in this book, you should consult with a lawyer.

Most cases involving minor injuries and limited time out of work, will not justify the expense of a lawyer. However, if there are serious injuries which involve permanent injury or which involve long periods of time out of work, you should at least contact a lawyer for a consultation.

Most lawyers will not charge for an initial consultation and your issues may be solved without hiring a lawyer.

There are certain critical stages, however, in which a lawyer should be involved in order to prevent costly mistakes which may be easily avoided with proper legal advice. Among these stages are the following:

1. When your doctor tells you that you have reached “maximum medical improvement”.

2. When your employer notifies you that work is available for you but you do not feel that you are physically able to return to work.

3. When you sense that you are being followed and videotaped by private detectives.

4. When your employer files a motion with the Industrial Commission to terminate your workers’ compensation benefits.

5. When the insurance company tells you that they want to settle your claim on a “clincher agreement”.

6. When your family member has been killed in a work-related accident and you are making a claim for workers’ compensation benefits.

7. When a vocational rehabilitation counselor has been assigned to your case.

8. When the nurse rehabilitation counselor is talking to your doctor outside of your presence or when they insist on being in the examination room with you and the doctor when you are being examined.

9. Any time that you just “don’t feel right” about your employer and any of its representatives and you do not feel that they are treating you fairly.

When you consult with a lawyer, there is no requirement or obligation for you to actually hire that lawyer. In many cases, a short conference with a lawyer will be all you need to solve your problem. Most lawyers will not charge for an initial consultation. If the lawyer feels they cannot help you, they will tell you so, usually without any cost or obligation.

See our workers compensation book for guidelines on how to find the right workers’ compensation lawyer. The book is free to N. C. injured workers. To get your free book, fill out the order form on this web site. There is no cost or obligation.

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