If you were injured at work or while working on behalf of your employer, you have the right under North Carolina law to receive compensation and medical treatment for your injuries. Our experienced North Carolina workers’ compensation lawyers can help.
Our compassionate team helps clients with medical care, medical bills, lost wages, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
If you or a loved one have been injured at work and want to know your legal rights, our experienced North Carolina work injury lawyers are available to help.
Injuries at work include more than just regular aches and pains. Some of the most common types of workplace injury cases our Raleigh workers’ compensation lawyers see are:
Workers’ compensation covers injuries that occur while you are working or while you are performing work-related activities. This can include injuries sustained in accidents, such as falls or machinery accidents, as well as injuries that result from repetitive stress or overexertion. In North Carolina, workers’ compensation also covers illnesses that are caused by your job, such as respiratory problems or chemical exposure. Those include:
The injuries you suffered in your workplace injury may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our North Carolina workers’ compensation lawyers are:
Most work injury victims have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of accident rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about work injury cases that is available to the public, which causes confusion about the work injury process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh work injury lawyers believe you should know:
Work injury claims are also known as “workers’ compensation.” Workers’ compensation is a type of insurance that provides financial benefits and medical coverage to employees who are injured on the job. In North Carolina, employers are required to have workers’ compensation insurance to cover the costs of injuries or illnesses sustained by their employees while working.
Workers’ compensation claims in North Carolina are governed by the North Carolina Workers’ Compensation Act, which was enacted in 1929. This act provides certain benefits to employees who are injured on the job or who suffer from an occupational disease. In North Carolina, employers are required to carry workers’ compensation insurance to cover the costs of these benefits. Whether it happens to you, a family member, or a friend, it can be frustrating and even life-changing when you’re injured at work. It can be a stressful process if your employer decides what treatment you receive or retaliates against you because of your injury. And you only have one chance to get it right.
Yes. Under North Carolina law, if you have been diagnosed with a condition listed in N.C. Gen. Stat. 97-53 and can prove that your job caused or “substantially contributed” to the condition, you may be entitled to workers’ compensation benefits. Read a complete list of covered occupational diseases.
There are several factors that can affect an employee’s eligibility for workers’ compensation in North Carolina. One factor is the employee’s status as a full-time or part-time worker. Full-time employees are generally covered by workers’ compensation, while part-time employees may be excluded. Additionally, employees who are injured while engaging in activities outside of their job duties may not be eligible for workers’ compensation.
The amount of workers’ compensation benefits you receive will depend on the severity of your injury or illness and your ability to work. In general, you may be entitled to receive benefits for:
This includes the cost of any treatment or surgery you need as a result of your injury or illness.
If you are unable to work due to your injury or illness, you may be eligible for temporary disability benefits. These benefits are calculated based on your average weekly wage, and are paid at a rate of two-thirds of your wage.
If your injury or illness results in a permanent disability, you may be eligible for permanent disability benefits. These benefits are based on the extent of your disability and are paid in a lump sum.
If your injury or illness prevents you from returning to your former job, you may be eligible for vocational rehabilitation benefits to help you retrain for a new occupation.
If an employee is injured on the job, they may be entitled to medical benefits, temporary disability benefits, and permanent disability benefits. Medical benefits cover the cost of medical treatment, including hospital stays, surgery, and physical therapy. Temporary disability benefits are paid to employees who are unable to work due to their injury, and are based on a percentage of their average weekly wage. Permanent disability benefits are paid to employees who have suffered a permanent injury or disability as a result of their work-related injury.
To file a workers’ compensation claim in North Carolina, you should follow these steps:
The employee must notify their employer of the injury within 30 days. The employer is then required to report the injury to their workers’ compensation insurance carrier within 10 days. The employee can then file a claim with the North Carolina Industrial Commission, which is the state agency responsible for administering workers’ compensation claims.
The Industrial Commission will review the claim and make a determination as to whether the injury is covered by workers’ compensation. If the claim is approved, the employee will receive benefits based on the severity of their injury and their average weekly wage. If the claim is denied, the employee has the right to appeal the decision.
There are also limits on the amount of benefits that an employee can receive under the North Carolina Workers’ Compensation Act. The maximum amount of temporary disability benefits that an employee can receive is 70% of their average weekly wage, and the maximum amount of permanent disability benefits is 500 weeks. There are also caps on the amount of medical benefits that an employee can receive, and these are based on the North Carolina Medical Fee Schedule.
In addition to the benefits provided under the North Carolina Workers’ Compensation Act, employees may also be entitled to certain additional benefits under other state or federal laws. For example, employees who are injured on the job may be eligible for Social Security Disability Insurance, which is a federal program that provides benefits to individuals who are unable to work due to a disability.
If your employer denies your workers’ compensation claim, you have the right to appeal the decision. You can file an appeal with the North Carolina Industrial Commission, which will review your case and determine whether you are entitled to benefits.
It is illegal for an employer to fire or discriminate against an employee for filing a workers’ compensation claim. If you believe you have been fired or treated unfairly because of your workers’ compensation claim, you should contact an attorney or the North Carolina Industrial Commission for assistance.
There are several steps that an employee can take to protect their rights and ensure that they receive the full benefits to which they are entitled under the North Carolina Workers’ Compensation Act. First and foremost, it is important for the employee to report their injury to their employer as soon as possible. This will ensure that the employer is aware of the injury and can take the necessary steps to report it to the insurance carrier.
The employee should also keep detailed records of their injury, including the date and time of the accident, the circumstances leading up to the accident, and any medical treatment that they have received. This will help to establish the employee’s eligibility for workers’ compensation and may be useful in the event of a dispute over the claim.
The amount and duration you may receive for a work injury vary depending on the kind of injury you suffered and the extent of medical treatment you will need in the future. There There’s no way to precisely value your claim, but an experienced Raleigh work injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, future medical care, lost past wages, lost future earnings, and permanent impairment ratings.
North Carolina work injury claims (also known as workers’ compensation) do largely follow a handbook and a schedule for impairment ratings, which influence the amount you may receive in a settlement. Our Raleigh work injury lawyers help ensure clients receive an accurate impairment rating.
No, as long as you were injured in an “accident.” Any workplace injury is covered by workers’ compensation in North Carolina if it is the result of an accident. An “accident” means “an unlooked for and untoward event which is not expected or designed by the injured employee.” So the question or issue of “fault” or “who is responsible” does not matter in a work injury claim.
Yes, in nearly every instance. Back injuries are exceptions to most work injury (workers’ compensation) rules. As long as the injury to your back arose out of a specific traumatic incident at work, a work injury claim will cover it (even if the incident wasn’t an accident).
An experienced North Carolina work injury lawyer can take care of all the forms, filings, and interactions with your insurance company to make sure that you can focus on what’s most important — getting better. A work injury lawyer can also help fight for additional medical care and treatment that the insurance carrier may initially deny. If necessary, a work injury lawyer can help you obtain second opinions regarding the medical care you’ll need in the future. A good Raleigh work injury lawyer will take care of everything else to make sure you receive everything that you’re entitled to receive from the insurance company.
Like every profession, workers’ compensation lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the workers’ comp lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
