North Carolina Workers’ Compensation Lawyers
Our attorneys are ready to fight for injured workers
Workers are injured in workplace accidents every day. They need medical treatment and may not be able to return to their jobs. There’s less money coming in, but medical care is expensive. North Carolina’s workers’ compensation system is supposed to help injured workers, but the claims process can be complicated. The North Carolina workers’ compensation attorneys at Brent Adams & Associates can help.
An accident can happen in a factory, warehouse, or office. You may have been hurt on the road or working at another location. If your injury was work-related, you may be entitled to workers’ compensation benefits. Workers’ compensation laws in North Carolina can help protect you and your family.
We make sure the workers’ compensation system works for you
Injured workers in North Carolina are eligible for benefits that include:
- Wage replacement. A worker who is not able to return to the workplace because of injury is entitled to partial wages – usually two-thirds of the average weekly wage they were earning. These benefits are not taxed.
- Medical expenses. The employer must pay all medical expenses related to the worker’s accident or work-related illness. All approved medical bills must be paid in full by the employer. The injured worker is not billed for these medical services.
- Permanent impairment benefits. A worker is entitled to compensation if a body part suffered permanent impairment. The amount will vary depending on which body part was affected and the seriousness of the impairment.
In addition, North Carolina’s workers’ compensation law provides other benefits to injured workers. Temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, permanent and total disability benefits, workers’ compensation settlements and death benefits are all governed by special statutes specific to North Carolina and its injured workers.
In addition, employers and their insurance companies can challenge claims. They have lawyers fighting for their best interests. When benefits are denied, injured workers may feel like they have no options left. That’s why it’s important to have an experienced North Carolina workers’ comp attorney who is ready to fight for you.
Hurt at work? Learn more about how we can help
North Carolina workers’ compensation attorney Sheila Chavis has an extensive knowledge of the state’s workers’ compensation law and has the experience needed to get the results you need and deserve. She understands the impact an injury can have on workers and their families. That’s why she guides injured workers through every step of the claims process until they get the benefits they need.
- Am I entitled to workers' compensation in North Carolina?
- How much can I earn on workers' compensation?
- How long can I receive workers’ compensation benefits?
- What medical expenses are covered?
- Do I need a North Carolina workers' compensation attorney?
- Can I choose my own doctor?
- What if the accident that caused my injury was my fault?
- What if my workers’ compensation claim is denied?
- How much time do I have to apply for workers’ compensation in North Carolina?
- What does workers’ compensation cover in North Carolina?
- Who decides if I receive workers’ compensation in North Carolina?
- Can I file a lawsuit if I’m already receiving workers’ compensation?
- Can I sue my employer for my workplace injury?
- Why should I hire a North Carolina workers’ compensation lawyer?
It’s important to keep one thing in mind after a workplace accident: Insurance adjusters are not on the side of injured workers. They are not going to explain your rights or your legal options to you. The main goal of insurance adjusters is to find ways to pay out as little as possible. That’s their job.
Our job is to fight for your benefits. We literally wrote the book on how to get top dollar from your workers’ compensation claim – and we’d be happy to send you a copy. We have skilled work injury lawyers who focus exclusively on North Carolina workers’ compensation claims and benefits. We help injured workers learn their legal rights when hurt at work and make sure they are compensated properly.
There is no cost for a legal consultation and no obligation to hire us. We will discuss your workers’ compensation claim, determine whether you need a lawyer, and the steps you should take to protect your rights. We can go over your legal options and also answer any questions you have about your claim.
Contact us today to schedule a free consultation.
All employers in the state that regularly employ three or more workers are required to have workers’ compensation insurance. There are some employees that are exempt from coverage, such as farm laborers, railroad workers and domestic servants. But most workers in the state are eligible to apply for workers’ compensation benefits if they were hurt in an accident that happened during the course of their employment.
In general, workers’ compensation insurance is required to cover two-thirds of your average weekly earnings – up to a maximum determined by the Industrial Commission each year. It’s very important to determine the correct average weekly wage to use so you get the full amount you are entitled to receive. For example, vacations of more than 7 days can be taken out of the equation, and bonuses can be included.
You can continue to receive temporary total disability (TTD) payments until it is determined that you are healthy enough to return to work. Under the law, injured workers can collect TTD benefits for a maximum of 500 weeks from the date of their disability. However, after 425 weeks they can request a hearing to seek extended benefits.
Generally, workers’ compensation pays for all medical expenses required for the treatment of your injury. This includes emergency room visits, diagnostic tests, surgery, hospitalization, medication, physical therapy and chiropractic treatment. Other covered expenses may include home medical equipment and housing modifications needed due to physical limitations. But your employer may challenge or deny your claim for medical benefits.
Getting the workers’ compensation benefits you deserve after being hurt in a workplace accident can be complicated. Employers will challenge your claim and try to pay you less than what you should be receiving. They may pressure you into returning to work before you are fully recovered from your injuries. An experienced attorney can help you navigate the process, gather information you need, and represent you at all Industrial Commission hearings and appeals.
No. Under North Carolina law, your employer decides which doctors and specialists will treat your work-related injury or illness. You do have the right to seek a second opinion. If you wish to change doctors, you must request permission from the insurance company. If they refuse, you can file a petition with the Industrial Commission.
Workers’ compensation is a no-fault system in North Carolina. That means It doesn’t matter who caused the workplace accident that left you injured. Even if you caused it, you are still entitled to receive workers’ compensation benefits. There are certain exceptions, such as accidents involving alcohol or drug use by the injured employee. But in almost all cases, an injured employee is covered no matter how the accident happened.
You have a right to appeal the decision. The Industrial Commission must be notified within 14 days of your intent to appeal. A mediation conference will be scheduled. If you don’t agree with the mediator’s recommendation, you can request a hearing before an administrative judge. If your claim is still denied, you can request a hearing before three administrative judges. If necessary, you can continue your appeal in the North Carolina Court of Appeals all the way to the state Supreme Court.
If you sustained a work-related injury or illness, you technically may have up to two years to file a workers’ compensation claim – but you shouldn’t wait anywhere near that long. The sooner you talk to a workers’ compensation attorney and learn more about your legal options, the better. That way, you’re not scrambling to file for workers’ comp benefits at the last minute.
Workers’ compensation covers the full cost of reasonable and necessary medical care for your work-related injury or illness, as well as partial replacement of your lost income if you are unable to work due to your injury. You may also be eligible to receive disability benefits for a permanent injury.
If there’s a dispute regarding your workers’ compensation claim, resolving it is up to the North Carolina Industrial Commission, which administers the state’s workers’ compensation system. You are responsible for providing evidence to the North Carolina Industrial Commission that you were injured on the job and eligible for workers’ compensation. This is why it’s critical that you have an experienced North Carolina workers’ comp attorney who knows how to deal with this commission. We can be your advocate for workers’ comp benefits.
In virtually all circumstances, you can’t file a lawsuit against your employer if you were hurt at work, even if the injury was their fault. Their liability is covered by workers’ compensation. However, if a third party other than your employer, such as a vendor or subcontractor, caused your injury, then you can still file a personal injury lawsuit against that third party.
Again, in most cases, you can’t sue your employer for a work injury. But it’s always worth talking to an attorney to discuss all your legal options.
The stakes are high in many workers’ compensation cases. You may be eligible to receive thousands of dollars in financial compensation for medical care, replacement income and more. This is why it’s important to give your workers’ compensation application the best opportunity for success.
An experienced North Carolina workers’ compensation attorney can help you navigate this complex legal process. From applying for benefits to dealing with the North Carolina Industrial Commission, your lawyer can make sure your legal case gets the attention it rightfully deserves.