Workers’ Compensation Lawyers Fighting for NC Workers
Compassionate Legal Team Helping Injured Workers with Complex Workers’ Compensation Claims
If you or a loved one has been injured in a workplace accident, you may be entitled to claim workers’ comp benefits. However, an employer’s insurance company often tries to dispute or deny the workers’ compensation claim. In many instances, the worker’s compensation insurance provider will try to assert that the injury is a result of a pre-existing condition or that the injured employee is to blame for their work-related injury.
For these reasons, individuals who have been injured on the job must obtain skilled legal representation. A highly trained workers’ comp attorney can advise individuals of their legal rights or help them file a workers’ compensation claim. In addition, a personal injury attorney can also act as the injured worker’s legal advocate should there be a need to file a lawsuit to try and receive benefits.
Brent Adams & Associates of North Carolina is a law firm dedicated to helping individuals who have been injured on the job. Contact our NC law office and ask to schedule a free initial consultation to discuss your case and potential legal options.
What to Do After an On-the-Job Injury?
Personal injury victims who have been hurt while performing regular work obligations and duties may be entitled to workers’ compensation in North Carolina. However, it is necessary that an injured worker takes certain steps to preserve their legal rights under North Carolina’s workers’ compensation laws.
Immediately following the injury, you must seek medical treatment. In the event of an emergency, the treating physician needn’t be a doctor that your employer first approves.
When you seek medical treatment, it is important that you tell the treating physician or other provider that you have an injury or illness as a result of your employment. Additionally, you must provide the names of your employers. The doctors will bill your workers’ compensation insurance for your medical care. Be sure to keep all receipts and medical records, as this will be valuable evidence throughout the workers’ compensation process.
As soon as you are able, notify your manager or supervisor of your workplace accident and resulting injuries. You must also provide your employer with a written notice of the workplace accident. There can be different time constraints when it comes to notifying your employers in writing. In some circumstances, you may only have 30 days to notify your North Carolina employers, so be sure to provide your written notice as soon as you are able.
You must follow all doctor’s orders, regardless of whether the doctor was assigned to your workers’ compensation case by your North Carolina employers or if you sought out medical help in an emergency. Not only is following doctor’s orders necessary to help your recovery, but it will also help keep you eligible for workers’ compensation benefits.
Whether you’ve suffered an injury or occupational disease because of your employment, it is also important that you seek professional legal representation from experienced workers’ compensation attorneys. Our legal team can help you recover medical compensation, temporary total disability benefits, death benefits, and more. If the employer’s workers’ compensation insurance carrier is giving you a hard time or denying your claims, our law firm can also help with workers’ compensation appeals. We have years of experience operating in the North Carolina workers’ compensation system, and we’d be proud to extend that knowledge to you for your benefit.
What Do Workers’ Compensation Benefits Cover?
Workers’ comp insurance provides four different types of benefits for injured workers who have been injured in the workplace.
The four types of benefits include:
Medical Benefits
Workers’ compensation is designed to assist injured workers in paying past and future medical expenses they have incurred due to a workplace injury or related occupational disease. These benefits pay for medical bills, including doctor visits, medications, the cost of travel, and any tests that may need to be conducted related to the workplace injury.
Wage Replacement Benefits
If an individual is injured on the job to the extent that they cannot return to work, they may be entitled to compensation for their lost income. However, the financial compensation they ultimately receive is based on several factors, such as whether they are a full or part-time worker, the severity of the workplace injury or illness, and their average weekly wage (AWW).
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits aim to help the injured employee eventually return to “suitable employment.” An individualized vocational rehabilitation plan may include job training, modification, or determining any transferable skills the employee may possess that will help them transition back into a work environment.
Death Benefits
If an employee suffers a fatal workplace accident on the job or due to a work-related illness, their surviving spouse and dependents are entitled to death benefits. North Carolina law stipulates that death benefits are paid weekly to the surviving spouse and children for up to 500 weeks, or approximately nine and a half years.
Surviving family members receive two-thirds of their deceased family member’s average weekly wage. The deceased’s family is also provided up to $10,000 for funeral and burial costs.
How Do You File a Workers’ Compensation Claim in North Carolina?
If an injury occurred while performing normal workplace duties, there are several steps that you must take to protect your workers’ compensation benefits.
You must notify your North Carolina employers of your workplace injury as soon as possible. Your employer or insurance company may ask that you visit a specific doctor or health care provider. However, if the employer or insurance company does not make such a request, you may visit your own doctor.
Even if you’ve already notified your employers, managers, or supervisors in person, you must also write an accident report explaining what happened and when. In most workers’ compensation cases, your written report must be submitted to your employer within 30 days of the worker’s injury.
The workers’ compensation process can feel complex, especially for injured workers still recovering from workplace accidents. Some employers or their insurance providers fight hard not to compensate employees for their workplace injuries, and it may be necessary to retain professional legal counsel from an experienced workers’ compensation attorney. Please contact our North Carolina law firm for legal guidance.
How Long Does It Take to Receive Workers’ Compensation Benefits?
As soon as you file your workers’ compensation claim, your employer or insurance provider should cover any medical treatment related to your workplace accident. All you should need to do is notify your healthcare provider that you have filed or plan to file a worker’s compensation claim, and your treating physicians will bill your employers or their insurance providers directly.
Waiting for lost wages or lost income can take longer, however. If an injury renders you unable to work, you may be ineligible to receive lost wages benefits for the first week of missed work unless you miss work for 21 days or more. If you have missed more than 21 days of work due to your workplace injury, you may be entitled to recover retroactive workers’ compensation dating back to the first day of missed employment.
Mistakes in submitting claims or providing notices to your employers may also delay matters. We encourage you to contact our law office to speak with an attorney for legal assistance.
What is the North Carolina Workers’ Compensation Act?
The North Carolina Workers Compensation Act is a state program created to help compensate employees for their work-related injuries and provide death benefits to loved ones who lost a family member in a workplace accident. The state program is set up as insurance that’s meant to cover medical expenses and lost income.
What is the North Carolina Industrial Commission?
If you’ve been injured on the job and submitted a workers’ compensation claim, your case will be determined by the North Carolina Industrial Commission (NCIC).
The North Carolina Industrial Commission operates similarly to a court, with decisions rendered by a deputy commissioner. If a dispute arises in your workers’ compensation case, your case could potentially move to the hearing stage, at which point you would have a hearing at a local courthouse. Once the hearing has concluded, legal representatives for both sides would gather medical records and send briefs to the deputy commissioner for review. Such disputes may take several months to resolve.
Who Chooses Your Doctor in Workers’ Compensation Cases?
If you file for workers’ compensation benefits in North Carolina, your employer and their insurance provider will be responsible for paying your medical expenses and thus have the right to direct your medical treatment. In such cases, your employers have the right to choose your doctors.
With that said, however, you have the legal right to ask the North Carolina Industrial Commission for the chance to see a doctor of your choosing. Do not seek medical treatment from a doctor other than your employer’s chosen physician unless you get permission first. If your personal doctor treats you without permission from the North Carolina Industrial Commission, you could jeopardize your workers’ compensation case.
What Are Common Types of Work-Related Injuries?
- Musculoskeletal Injuries: Such as strains, sprains, and overexertion injuries, often caused by lifting, carrying, or repetitive motions
- Musculoskeletal injuries are common in workplaces requiring physical labor. From strained backs to repetitive motion injuries, workers may face pain and limitations. Our firm ensures you receive proper compensation and medical care to aid your recovery
- Slip and Fall Injuries: Resulting from wet floors, uneven surfaces, or debris, leading to injuries like fractures, concussions, or soft tissue damage
- Slip and fall accidents can occur in any workplace. Whether it’s a wet floor or a cluttered walkway, these incidents can lead to serious injuries. Our team helps you navigate the complexities of workers’ comp claims to secure the support you need
- Repetitive Stress Injuries: Such as carpal tunnel syndrome or tendonitis, often affect workers who perform repetitive tasks
- Repetitive stress injuries can develop gradually but have a significant impact on your ability to work. Our attorneys specialize in advocating for workers suffering from conditions like carpal tunnel syndrome, ensuring they receive proper compensation and accommodations
- Burn Injuries: Caused by chemical exposures, fires, or electrical accidents, resulting in severe tissue damage and potential long-term complications
- Burn injuries in the workplace can be devastating, both physically and emotionally. Our firm is dedicated to helping workers recover from such traumatic events by providing comprehensive legal support and fighting for fair compensation
- Machine-related Injuries: Including crush injuries, amputations, or lacerations caused by machinery accidents or malfunctions
- Machine-related accidents are often catastrophic, leaving workers with severe injuries and long-term disabilities. Our experienced attorneys are committed to holding negligent parties accountable and ensuring injured workers receive the compensation they deserve
- Occupational Illnesses: Such as respiratory conditions, hearing loss, or chemical exposures resulting from prolonged exposure to hazardous substances
- Occupational illnesses may develop over time due to exposure to harmful substances or conditions in the workplace. Our firm assists workers suffering from such conditions in navigating the workers’ comp system to obtain the benefits they need for treatment and support
- Vehicle Accidents: While driving for work purposes, including collisions, resulting in various injuries ranging from whiplash to traumatic brain injuries
- Work-related vehicle accidents can lead to serious injuries and complex legal situations. Our attorneys have the expertise to guide you through the workers’ comp process, ensuring you receive the necessary compensation for your injuries and related expenses
- Falls from Heights: Such as falls from ladders, scaffolding, or elevated surfaces, causing injuries like fractures, spinal cord injuries, or traumatic brain injuries
- Falls from heights are a leading cause of workplace injuries, often resulting in severe trauma and long-term disabilities. Our firm is dedicated to advocating for workers injured in such incidents, helping them secure the compensation and support they need to rebuild their lives
Does a Fatal Workplace Accident Fall Under North Carolina Workers’ Compensation Law?
Many surviving family members wonder whether to file a wrongful death claim or a workers’ compensation claim after they lose a loved one in a workplace accident. In North Carolina, fatal workplace accidents typically fall under the state’s workers’ compensation laws. However, to be certain that your case is being handled correctly, we encourage you to contact our law firm to discuss matters with our compassionate legal team.
What Occupations Have the Highest Number of Workplace Accidents?
Some jobs are simply more dangerous than others. While regulations and new safety measures have made many work environments less risky than they used to be, some professions still carry the risk of serious injury.
Occupations with high numbers of workplace injuries and illnesses include the following:
- Construction workers
- Fishing and hunting workers
- Iron and steel workers
- Logging workers
- Miscellaneous agricultural workers
- Pilots and flight engineers
- Refuse and recyclable material collectors
- Roofers
- Truck drivers and delivery drivers
- Underground mining machine operators
- Warehouse workers
Why Do You Need to Hire an NC Workers’ Comp Lawyer?
Often, injured workers hesitate to hire a workers’ compensation lawyer for fear of the cost and because they rely on their employer’s workers’ compensation insurance company to pay them the benefits they feel they deserve. However, the application process can be overly complex, and simple errors may cause a claim to be delayed or denied.
An employer may assert that the employee is guilty of negligence and is responsible for the accident. In other instances, employees trying to obtain workers’ comp independently may lose out on workers’ compensation benefits they are entitled to. Finally, a workers’ comp insurance company may deny that a disability exists and that the employee must return to work.
However, with the help of a workers’ comp attorney, injured workers often find it easier to be approved to receive workers’ compensation benefits than if they had not hired legal representation.
If you have been injured on the work site, you must have an experienced workers’ comp lawyer on your side who is fearless when it comes to standing up to the workers’ compensation insurance provider. Brent Adams & Associates will fight to help you obtain lost wages and the medical coverage you need to recover from your injuries.
Does an Employee’s Immigration Status Prevent Them from Receiving Benefits?
North Carolina workers’ compensation law does not discriminate against undocumented workers. As a result, a worker’s immigration status cannot be used to deny a workers’ compensation claim. However, just as with any workers’ comp claim, the workplace injury or occupational disease the worker is trying to obtain compensation for must be work-related.
Nevertheless, even though state regulation prohibits employers from denying workers’ compensation claims based on immigration status, some still try to circumvent the laws. If you feel that you or a family member have been denied workers’ comp benefits due in part to your immigration status, you must consult with an experienced workers’ compensation attorney immediately.
Workers’ comp claims can be time-sensitive, so it is vital that you allow an experienced workers’ compensation attorney to review your workers’ compensation case to determine your legal options.
Do You Have Grounds to Sue Your North Carolina Employers?
If your claim is covered by workers compensation law, you do not have the right to sue your employer in a personal injury lawsuit. The Workers Compensation Act of North Carolina protects employers from direct lawsuits by their employees for work-related injuries. However, if the North Carolina employer intentionally engages in misconduct or negligence knowing that there is a high likelihood of bodily injury or death, then you may have grounds to sue them.
Please contact our North Carolina law firm to learn more about your legal options.
What is the Deadline for Injured Workers Seeking Workers’ Compensation?
Several important deadlines and statutes of limitations apply to employees seeking compensation for lost wages, medical bills, physical therapy, and more.
You have 30 days from the date of the work accident to notify your employers of your injuries. This notification must be in writing.
The deadline for filing a claim with the North Carolina Industrial Commission is two years. To do so, complete Form 18.
If you are eligible for a third-party personal injury claim, you have three years from the date of the accident to file your lawsuit against the third party.
Missing any of these deadlines could jeopardize your case. Act quickly. Contact our law firm for legal assistance.
What Are Your Options if You Are Contending with a Denied Workers’ Compensation Claim?
The North Carolina Industrial Commission handles disputes over workers’ compensation claims. You must file an appeal for the denial by requesting a hearing with the legal help of a workers’ compensation lawyer.
You and your attorneys have several different legal options, including mediation, hearings, and taking the case to the North Carolina Court of Appeals.
Injured workers who are facing denied claims are strongly encouraged to retain professional legal counsel for assistance. Please contact our North Carolina law firm to discuss your case in more detail today.
Can You Face Retaliation for Filing a Workers’ Comp Claim?
If your employer terminates your employment because you filed a workers’ compensation claim, they are violating North Carolina law.
North Carolina general statutes protect workers who lose their jobs due to filing workers’ compensation claims. The North Carolina Department of Labor can review your claim and decide whether to award you with back pay, employment reinstatement, and other potential damages.
Why Hire Our Law Firm to Help You Recover Workers’ Compensation Benefits?
Brent Adams & Associates of North Carolina is a law firm passionately committed to assisting injured workers with the claims process. We recognize that there can be a great deal of emotional distress after you are injured on the job and then experience difficulty obtaining benefits and the medical treatment you need during your recovery.
As a result, our workers’ comp attorneys will work diligently to help you receive a settlement that will adequately provide for your needs. Our experienced workers’ compensation lawyer is familiar with the tactics that workers’ comp insurance providers often use to get out of paying a workers’ compensation claim and will fight to ensure you receive the justice you deserve. You pay us no money unless we win your case.
Please get in touch with our NC law offices at 910-249-6891.
Schedule a Free Consultation with Our Experienced North Carolina Attorneys to Discuss Your Workers’ Compensation Claim Today
If you’ve been injured on the job, there are several protections in place to defend your interests and help you recover compensation for medical expenses, loss of wages, and other damages. However, the workers’ compensation process can be complicated, and you may have your claims denied. It is strongly recommended that you retain professional legal counsel from attorneys with experience in the North Carolina workers’ compensation system.
Our legal team has extensive experience representing clients with complex workers’ compensation claims. To discuss your case in more detail, please contact our law firm to schedule a free, no-obligation case evaluation today.
You can reach us at 910-249-6891.