Frequently Asked Questions Regarding Charlotte Workersā Comp Cases
When filing a claim for workersā compensation, you may be intimidated by the amount of paperwork that goes into filing. However, by consulting with an attorney, you could have your confusion alleviated by the professional guidance of an attorney.
If you wish to learn more about filing this type of case, get in touch with an experienced attorney who has answered the frequently asked questions regarding Charlotte workersā comp cases in the past.
What is Workersā Compensation?
Workersā compensation is a program designed to reimburse a worker who is injured in an accident at the job site. The compensation pays for medical expenses and lost wages for the time the injured worker is out of work. When a permanency is given, a formula is used to determine the pay on that permanency.
Workersā compensation cases are different from other types of injury cases because the victim does not have to prove fault since these types of cases works on a no-fault system. There are also certain limitations on the amount of damages available. For example, an injured worker cannot obtain pain and suffering damages in a workersā compensation case.
What are Some of the Common Conditions that Qualify a Person for Workersā Compensation?
The most common conditions that qualify a person for workersā compensation in Charlotte are orthopedic injuries or back injuries. These kinds of injuries may result in a work restriction that prevents the injured employee from returning to work. Causes of these conditions are often related to lifting, falls, and similar incidents. However, the plaintiff can only receive compensation if they suffered these injuries within the scope of their employment. In other words, the injured party must have been doing something to benefit their employer when they were hurt.
What do Workersā Compensation Benefits Look Like?
Workersā compensation benefits are limited to wage replacement which is two-thirds the average weekly wage. All of the medical treatment related to the injury and approved by the carrier is covered. When there is a permanent disability, a percentage is assigned to the specific body part, and a certain payout is dispersed based on a formula.
The privately funded workersā compensation are insurance companies that provide workersā compensation insurance for employers. Whereas, publicly funded is mainly state, city, or county workers who are covered by their state treasury or administered by third party administrators.
What are the Biggest or Most Commonly Made Mistakes Commonly Made in Workersā Comp Cases?
People try to deal with their injuries instead of filing for workersā compensation more often than one might think. A person worries that they will upset their boss by reporting a workersā compensation claim or they might lose their job. Frequently, an individual who is injured on the job does not think it is as serious as it is and they wait until it gets better or worse. It may be too late to file for the appropriate benefits when the injury worsens.
The biggest mistake people make when seeking workersā compensation is giving a statement to insurance adjustors before talking to an attorney. They make statements that could potentially limit or negate their benefits. People mistakenly believe that the insurance company is there to help them and are trying to find benefits for them. In fact, insurance companies try to eliminate payouts.
Why is it Recommended to Hire an Attorney?
Workersā compensation claims may be complicated. Numerous forms need to be filled out. Statements are given to the insurance companies that could result in a denial of benefits if done incorrectly or understated. A workersā compensation lawyer can take a claim to the North Carolina Industrial Commission, which is the referee on all potential claims. Having access to the courts could make a huge difference in outcome of the claim.
To discuss your concerns regarding a potential claim, get in touch with an attorney has is well-known with the frequently asked questions regarding Charlotte workersā comp cases.