Workers’ Compensation Lawyer in Durham

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 workers’ compensation lawyers in Durham at Whitley Law Firm can pursue compensation on your behalf.

A Durham personal injury lawyer from our team can guide you through the appeals process. We’ll protect you from unfair treatment by your employer after making a claim and be your advocate if your employer doesn’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:

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 resubmit 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 in 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 frequently occurring 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 hurt while on their lunch break, they might be denied benefits under the workers’ compensation system. If your claim has been denied, 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 may want to appeal the denied claim. Your Durham workers’ compensation attorney must file a request for a hearing at the North Carolina Industrial Commission.

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

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. However, either due to the number of hours or the pay they are given, they receive less than their pre-injury wages.

Under these circumstances, the worker’s insurance company or employer might make up 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. We are committed to the highest quality client service and will always give one-on-one attention.

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 lawyers are always on hand to answer your questions and help ensure that all paperwork is filed on time per workers’ compensation laws. We can assist you in meeting these requirements and in obtaining the benefits you need to improve your situation.

Handling the Compensation Process After a Workplace Accident

Work-related injuries can occur in any setting, from sawmill operations to warehouse environments, and injured workers often face a complicated compensation process. 

A skilled compensation attorney can guide you through each stage, everything from filling out the claim form to negotiating with the workers’ compensation insurance carrier. We leave no stone unturned throughout the process so that you get the best chance of receiving the maximum compensation available under North Carolina law. 

Whether you’re dealing with a traumatic brain injury, crush injuries, or spinal cord injuries, you deserve to have someone who understands compensation law advocating for your interests. This is key to protecting your rights.

What Compensation Benefits Are Available for Injured Workers?

After a workplace accident, eligible employees may qualify for several types of compensation benefits, including wage replacement, medical expenses, and partial disability benefits. The workers’ compensation lawyers in Durham at our law firm can calculate your weekly wage to make sure your weekly salary payments are accurate. 

Whether your job injury involves repetitive motion injuries, broken bones, or vision loss, we will seek benefits that account for your losses, including any:

• Medical costs
• Physical therapy
• Prescription medications
• Necessary medical appointments

Overcoming Challenges With Insurance Companies in Workers’ Compensation Claims

The thing to remember about dealing with insurance companies is that their primary goal is generally not to get you what you need and deserve but to preserve their own bottom lines. As a result, the insurers you deal with in your compensation claim may attempt to reduce or deny benefits by questioning previous injuries or disputing the nature of the job injury. 

When this happens, you should have a compensation lawyer with extensive experience on your side. Having such an advocate can make all the difference. 

We represent injured people during hearings before a deputy commissioner and can challenge the decisions of your Workers’ Compensation insurance carrier under North Carolina law to help you receive fair compensation.

When a Personal Injury Claim and Workers’ Compensation Overlap

Certain work-related accidents may involve third-party liability, such as cases involving defective products or medical malpractice, which allow for both a Workers’ Compensation claim and a personal injury lawsuit. 

Our personal injury attorneys can determine whether your situation qualifies for additional legal action beyond workers’ comp. If it does, we can assist you in filing an injury claim through the civil justice system, including negotiating with insurers for a settlement and taking your case to court if necessary.

As a trusted personal injury law firm, we advocate for all injured workers, including undocumented workers, police officers, and others. Our goal is to help them secure full comp benefits under every applicable compensation program or compensation insurance plan.

Our Team Is Here to Help You

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 them. Our team will handle any issues with your claim so you can focus on what’s important: your recovery and your family. When you hire Whitley Law Firm, you get a team of advocates who truly care about your situation. 

Everything we do is driven by our core values, which are as follows:

• Innovative: We aren’t afraid to take calculated risks and challenge what’s possible if that’s what it takes to get you what you need.
• Compassionate: We aim to establish a deep trust with our clients so we can overcome challenges and advocate for them as individuals.
• Determined: We never back down from a challenge and will fiercely pursue justice in your situation.
• Accessible: We will explain your situation to you in a way that you understand and be available to you whenever you need us as your case progresses.
• Community: Fostering valuable relationships is of paramount importance to us. We give back to the community when we can and always lead by example.

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

When you’re hurt at work, you can have a lot of obligations put on your shoulders that leave you feeling stressed and uncertain about how to proceed. You don’t want to make a wrong move and risk not getting the benefits that you need to pay for your expenses and replace lost wages.

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 help you obtain the necessary medical treatment and financial benefits you deserve.

Contact our firm today to schedule a free consultation with a workers’ compensation lawyer in Durham. 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. For more information, visit our FAQ page.