Durham Workers’ Compensation Lawyer

If you’ve suffered a painful injury at work, you’re probably worried about your medical bills and the lost wages you’ll experience from taking time off work. Luckily, the Durham personal injury lawyers at Whitley Law Firm can pursue the compensation you deserve.

A Durham workers’ compensation lawyer from our team can guide you through the appeals process, protect you from unfair treatment from your employer after making a claim, and be your advocate if your employer didn’t have the necessary insurance coverage.

We have over 120 years of combined experience, so we’re confident we have what it takes to get a fair outcome.

A Durham Workers’ Compensation Lawyer Will Guide You Through the Claims Process 

The first step you should take immediately after a workplace injury is to obtain emergency medical treatment. Then, notify your employer of your accident or injury. You can also ask a family member, friend, or healthcare provider to call and notify them if you cannot do so. 

Once you’ve notified your employer, you’ll want to hire a skilled workers’ compensation lawyer from Durham. They’ll be able to guide you through the following steps and dramatically increase your chances of receiving the benefits you need to get back on your feet:

• Visit a doctor your employer has approved and tell them you are there due to a workplace injury or illness.
• Closely follow the doctor’s instructions for your treatment.
• Provide a written statement to your employer about what happened within 30 days, regardless of how much they already know about the accident or your illness.
• Complete and submit the necessary paperwork for the North Carolina Industrial Commission.
• Keep copies of everything you send or receive about your claim.
• Keep copies of your gas receipts to and from your treatment, as you may be entitled to mileage compensation for your transportation to and from your appointments.

Our team will work tirelessly to get you the benefits you deserve while ensuring your comfort during the process. With decades of legal experience on our side, we will be able to quickly spot any issues that could arise from your workplace injury or illness and provide compassionate and practical legal guidance for you every step of the way.

We Will Help Resolve Issues With Your Workers’ Compensation Claim

Nearly all North Carolina employers must self-insure or purchase workers’ compensation insurance, especially if they have three or more employees. In some situations, employers will attempt to avoid providing coverage by classifying their employees as independent contractors. 

Our workers’ compensation lawyers in Durham can determine whether your employer’s classifications are accurate. It is not permissible to classify employees as contractors to avoid workers’ compensation obligations. 

If you are experiencing problems with your claim, reach out and tell us about it. Our team will handle any issues with your claim so you can focus on what’s important; your recovery and your family. 

Durham Workers' Compensation Lawyer Near Me (800)785-5000

Appealing a Durham Workers’ Compensation Claim

If you were injured on the job, you might be seeking workers’ compensation. Unfortunately, many first-time claims are denied. When this happens, some people simply try to re-submit the same claim, which often results in the same outcome.

Instead, consider reaching out to a skilled lawyer to discuss the steps to appealing a denied claim. With a dedicated workers’ compensation attorney from Durham on your side, you can rest assured that a valuable legal ally is working to secure the benefits you need.

The Circumstances for a Denial

While numerous circumstances might cause a workers’ compensation claim to be denied, there are some common reasons. One of the most common reasons is when a worker fails to report their injury promptly to their employer. In other circumstances, an employee might be at work but not acting under the scope of their employment.

For example, if a worker is engaging in horseplay and is injured or is hurt while on their lunch break, they might be denied benefits under workers’ compensation. If your claim has been denied for one of these reasons or another, reach out to our Durham workers’ compensation attorneys to learn more about your options moving forward.

What to Do After a Denial

If your workers’ comp claim was denied, you’ll want to hire an experienced attorney to help with your appeal. A lawyer can assess the reason for the denial and determine what must be done to get the benefits you need to get your life back on track.

In some cases, an insurance adjuster will make the wrong judgment about a claim and deny it. If that’s the case, you and your attorney will want to appeal the denied claim. Your Durham workers’ compensation attorney must file a request for a hearing at the North Carolina Industrial Commission.

How Is a Disability Defined for Workers’ Compensation Benefits?

As defined by employment law, a condition is considered to be a disability when a doctor believes that there are work restrictions that have to be assigned and that the injured worker can no longer return to any type of suitable employment. 

If this applies to your situation, you’ll likely be considered disabled. However, there are multiple types of disabilities within the realm of workers’ compensation, including temporary partial and temporary total disabilities, as well as more permanent conditions. Understanding which type of disability benefits you’re owed can help you and your lawyer pursue a positive outcome.

Temporary Partial Disabilities

A temporary partial disability (TPD) is a situation where an injured worker can return to some of their work but, either due to the number of hours or pay they are given, receives less than their pre-injury wages.

Under these circumstances, the worker’s insurance company or employer might pay the difference between the pre-injury wages and the current wages through workers’ compensation. This discrepancy between wages and subsequent payment is known as a temporary partial disability.

Temporary Total Disabilities

Temporary total disabilities, on the other hand, are when a doctor restricts an injured worker from returning to work. These injuries are often severe, including back injuries, broken bones, and damage to the head. Like a TPD, a temporary total disability payment through workers’ compensation can help you maintain some form of financial stability while you recover.

What Happens if a Disability Is Permanent?

If your disability permanently renders you unable to work, you might be able to receive temporary total disability benefits (TTD) for up to nine and a half years, or 500 weeks. During this time, the insurance company might choose to put you through vocational rehabilitation to see if there is another form of gainful employment that you might be able to do. 

Alternatively, you could potentially settle your case directly with the insurance company. No matter the circumstances, it’s in your best interest to reach out to a workers’ compensation attorney from Durham for help. A dedicated lawyer from our team can advise you on your best course of action moving forward.

Workers’ Compensation Time Limits

Under North Carolina law, you must adhere to certain time limits to preserve your right to workers’ compensation benefits. You’ll have to notify your employer about your injury orally and in writing within 30 days of the incident. You must also file your claim with the North Carolina Industrial Commission within two years of your accident or the date you discovered your injury.

Our Durham workers’ compensation attorneys are always on hand to answer your questions and help ensure all paperwork is filed on time per workers’ compensation laws. We can help you meet these requirements and obtain the benefits you need to improve your situation.

Taking Care of You With Compassion, Determination, and Wholehearted Care

At Whitley Law Firm, we are proud and honored to serve the hardworking people of Durham. No matter how serious your situation is, we will work tirelessly to ensure you obtain the necessary medical treatment and financial benefits you deserve.

Contact our firm today to schedule a free consultation with a Durham workers’ compensation lawyer. We’ll meet with you to discuss your workplace injury, the claims process, and what we can do to get the best results possible for you.