Worker's Compensation Lawyer
It is never pleasant to suffer an accident on the job. The injury might temporarily keep you away from the workplace; major incidents could even lead to permanent disabilities and other problems. That is why the law applies to the workers’ compensation system to protect employees.
Would you like to learn more about the insurance mechanism that protects workers in case of job accidents and injuries? Read our guide below to discover everything that you need to know about this system.
If you need help filing a claim or want an expert to assess your case for free, don’t hesitate to contact a Charlotte worker's compensation lawyer. Feel free to get in touch by using our contact form or give us a call at 980-239-2275!
Workers’ Compensation System – Basic Overview
Before the Industrial Revolution, a worker didn’t enjoy any protection. They were working the toughest jobs and risked an injury. If an employee suffered a permanent disability, the company didn’t have any responsibility to offer compensation for medical care and other expenses. They would find a substitute, and no one cared that the worker’s life was turned upside down.
That is why today’s laws protect employees if a workplace accident occurs. The workers’ compensation is an insurance system that provides financial safety.
Here is a short explanation of how the compensation mechanism works:
A workplace accident happens, and an employee suffers an injury. They have to be away from the job for at least some time.
The worker files a claim and requests compensation. If necessary, specific terms are discussed.
The employer’s insurance agency, or the company itself, pays the compensation to the employee.
The great thing about this system is that even if you made an honest mistake and suffered an injury at the workplace, it is still possible to file a claim.
On the other hand, employers have the right to avoid heading to court. The entire point of the compensation system is to reach an agreement between the company and the worker. If that can’t be achieved, the employee has the right to sue the employer. However, that process is often long and inconvenient for both parties, which is why most work on reaching an agreement.
An experienced Charlotte workers’ compensation lawyer can assess your case for free. They can tell you if you have grounds to file a claim and help you with every step of the process.
What Job Injuries Are Subject to Workers’ Compensation in North Carolina?
According to statistics, North Carolina is among the states with the rate of workplace-related injuries and illnesses being below average. However, that doesn’t change the fact that more than a million workers throughout the country suffer work injuries every year.
The law suggests that the huge majority of injuries gives you the right to file for compensation. According to the regulations, any injury that a worker sustains in the course or during the scope of employment can qualify for compensation. You can even file a claim if you develop an illness because of the conditions at the workplace. For example, if dangerous chemicals lead to lung problems, you might try filing a claim.
The statistics indicate that muscular and skeletal injuries are the most common. Those could include tears, strains, sprains, etc. You can even file a claim based on an old injury returning or becoming more severe due to work-related conditions.
Here are some examples of injuries that qualify you for compensation:
You fell or slipped on the job
An object fell or a structure collapsed on you
Carpal tunnel syndrome and other problems caused by overusing a part of the body
You suffered electrocution or shock
You breathed in toxic compounds
Fires and other accidents that lead to burning injuries
Tools, machinery, and auto incidents
Attacks from coworkers or customers or any other violent act
We strongly advise consulting a Charlotte workers’ compensation lawyer if you think you have grounds for filing a claim. They will offer a professional opinion and take care of every detail to ensure you receive your compensation.
What Benefits Will You Get As a Part of the Workers’ Compensation?
The benefits vary from one state to another, which is why we will focus on the one available in North Carolina. We can divide the compensation types into four categories:
Medical benefits
Vocational rehabilitation
Disability payments
Death benefits
Medical Benefits
If you suffer an injury on the job, you have to go through a recovery process. That process might involve spending some time in a hospital and other medical expenses. Those include potential surgeries required, nursing care, medications, rehabilitation services etc.
You have the right to receive compensation for all reasonable medical expenses. A professional Charlotte workers’ compensation lawyer can help you identify everything that falls into medical bills and ensure that you get the highest possible sum when filing a claim.
Vocational Rehabilitation
The injury might affect your working capabilities. Perhaps you cannot return to the old position or you have to change your occupation, which could result in lowered income. If the injury led to your current salary being less than 75% of your income before the accident happened, you could qualify for vocational rehabilitation. You can find this information here: G.S. § 97-32.2(d)
These services cover “vocational exploration and assessment, counseling, training, analyzing and modifying the job, any psychometric and vocational taxes, transferable skills analysis, etc. You can qualify to receive education or training at the local universities and community colleges.
Disability Payments
Another advantage of filing a claim for work-related injuries is that you have the right to benefits that will replace your wage. These are awarded if you have to miss work for a while.
The usual way they calculate the wage substitute is that they award you 66% of the weekly wage you received before the injury. However, please note that you need to miss at least a week of work to qualify for this benefit. You can receive compensation for the first week of absence only if you miss more than three weeks.
North Carolina laws also have the maximum limit of the disability benefit. You cannot exceed more than $944 per week (the restriction might change from one year to another).
It is worth noting that there are several types of benefit, including:
TPD – temporary partial disability
PPD – permanent partial disability
TTD – temporary total disability
PTD – permanent total disability
A Charlotte workers’ compensation lawyer can help you to determine the maximum possible benefit in this area. Please note that this doesn’t have anything to do with your SSDI – social security disability. You can apply for both benefits and receive them while doing everything by the book.
Death Benefits
The worst type of workplace accident is when a worker dies as a consequence of an incident or condition at work. If this is the case, the family has the right to file a claim for wrongful death. According to the NC laws, you are entitled to $10K expenses for the funeral and 500 weeks of average weekly salaries that the employee received.
Is It Easy to File a Workers’ Compensation Claim?
Do you feel like you have the grounds to claim for a workers’ compensation and request the damage expenses to be paid?
Even if it seems like you have a clear case, you might experience some problems in the process. For example, the employer can always deny your claim. The problem is that their denial wasn’t according to the law, and the company is just trying to get out of the problem without paying anything.
You should ask yourself this – did you intentionally inflict the injury on yourself? Was it a consequence of your use of alcohol and drugs, or overall negligence at the workplace? If the answer to these questions is no, the odds are that the denial is not fair. That is when you should look for a Charlotte workers’ compensation lawyer to help you complain about the decision and try to get the payment you deserve.
It is possible that you made a mistake during the process—perhaps there was an error in the documentation, and you didn’t detect it. The company might abuse that to avoid paying the compensation you deserve. It is when you would appreciate the experts in your corner because they can help you navigate through the entire process.
Why Should You Pick a Charlotte Workers Compensation Lawyer?
Here are the reasons that make us stand out from the competition:
No charges for the initial consultation – you can ask for a professional opinion without paying a single cent.
Only pay if you win the case – our lawyers are professionals, and they will only ask for compensation if the case has a positive outcome.
Always at your service – you can contact our experts at any time of day or night.
What Excuses Could the Company Use Not to Pay Your Compensation?
From the business owners’ perspective, they want to minimize the expenses they pay for your compensation. That is why you might notice companies looking for any mechanisms to reduce or refuse to pay the desired sum.
These are the excuses they could use:
Your injury seems exaggerated or not real
The injury existed before the accident
The workplace doesn’t have anything to do with your condition
They argue you can return to work, even if you believe that you are not capable of doing that
If an employer rejects to pay your benefits, you can consider getting professional help. An experienced attorney that knows the NC laws up and down can assist in filing an appeal and get the compensation you deserve.
Three Complaint Levels to Appeal After Getting Your Claim Rejected
The first level involves denying your initial claim request. If that happens, don’t hesitate to contact us to create a strategy for getting the deserved compensation.
You might need to apply for a Form 33, which will require a conference with the NCIC. It is important to ask for this within two years from when your injury occurred.
You can consider mediation, which would help you keep the case out of court. A mediator is an independent person who has the goal of helping the two parties reach an agreement. Each party will present evidence, and the mediator recommends the terms of the deal.
If none of this works, you also have two other levels of appeal:
Level two – if a mediator doesn’t help with reaching an agreement, how about asking NCIC for a formal hearing? You will find a resemblance to a normal trial because a judge who specializes in administrative law will administer it. The judge might ultimately rule in your favor.
Level three – the final instance is the Court of Appeals in NC. You will need a lawyer to explain your case and help you to increase the odds of a positive outcome.
Contact a Workers’ Compensation Attorney Expert Right Away
If you need the help of a professional, make sure to get an attorney that specializes in this field. You can’t go wrong with a lawyer who has years of experience and knows the workers’ compensation system to the smallest detail.
It is always smart to have a professional in your corner. They will help you from filing the claim to the appeal process if it ever comes to that. Thanks to the skills and experience of your lawyer, you will maximize the benefits received in your case.
A dedicated lawyer is there to answer any question you might have, as well as prepare a strategy to maximize the odds of winning the case. The attorneys might work with the insurance agencies, medical facilities, and other organizations to collect evidence about your injury.
If you were in a workplace-related accident, our Charlotte Workers Compensation Lawyer team is at your service. Please give us a call or send us a message to schedule a meeting with an expert. A consultation is free, and our expert will navigate you through the entire process. If you have grounds to file a claim, we can help to maximize the odds of receiving the highest possible benefits! Call 980-239-2275 for your free evaluation!
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