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  5. When to Hire a Workers’ Comp Lawyer
On This Page
  1. When You Should Consider Hiring a Workers’ Compensation Lawyer
  2. Keep in Mind That Your Case Comes With Some Deadlines
  3. Get in Touch with a Workers’ Compensation Lawyer Today

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When to Hire a Workers’ Comp Lawyer

Hiring a Workers' Compensation Lawyer | Whitley Law Firm

You should consider hiring a workers’ compensation lawyer the minute you anticipate a problem with your claim. While many employees in North Carolina are covered by workers’ compensation insurance, that doesn’t mean the claims process is easy. You could spend weeks or more going back and forth with the insurance company, all while unable to earn a living.

Whitley Law Firm understands the frustration you may feel after suffering an on-the-job injury. You don’t want to deal with this process alone; entrust your case to our team. We can evaluate the details of your injury and seek appropriate compensation from the liable party. You can dial (919) 785-5000 to learn more.

When You Should Consider Hiring a Workers’ Compensation Lawyer

You don’t need a specific reason to consider legal representation. If you simply don’t want to deal with the bureaucracy that comes with a workers’ compensation claim, you don’t have to. Instead, you can hand off your case to our legal team and solely focus on your recovery.

Yet, some reasons that may prompt you to consider legal help include:

You Anticipate Retaliation From Your Employer

The NC Department of Labor notes that your employer cannot punish you for filing a workers’ compensation claim. This means they can’t:

  • Fire you without cause
  • Withhold your paychecks
  • Reduce your pay
  • Pressure you into quitting
  • Require you to do things outside of the scope of your job

Our lawyers can protect your rights throughout the duration of your workers’ compensation claim. We can ensure the involved parties treat you fairly and uphold their obligations.

You Have a Serious Injury/Illness

The more severe your condition, the more money could be at stake. The insurance company may want to limit your payout, offering less than you need. You should consider getting legal assistance if you suffered:

  • Traumatic brain injuries
  • Spinal cord trauma
  • Internal bleeding
  • Organ damage
  • The loss of a limb
  • Hearing and/or vision loss

You can also pursue workers’ compensation if you suffered a work-related illness. For instance, if you worked in construction and inhaled asbestos fibers, you may have developed cancer. This would allow you to seek workers’ compensation the same as if you suffered an injury.

Your Employer or Their Insurer Denied Your Workers’ Compensation Claim

There are many reasons why your employer and/or the insurance company may deny your workers’ compensation claim. Some of the most commonly cited issues in denial letters include failure to report the accident, delays in seeking medical treatment, and disputes concerning whether the injury was work-related.

If your claim was denied, our workers’ compensation lawyers can review the reason for your case’s denial and explore your options for appealing the decision. Your lawyer can represent you in a hearing before the North Carolina Industrial Commission, at mediation, and more.

You May Have a Personal Injury Claim In Addition to Workers’ Compensation

Workers’ compensation claims differ in many ways from personal injury claims. One of the most noteworthy differences is the fact that workers are typically barred from suing an employer in most instances.

However, simply because your employer cannot be held liable for a work injury does not mean you can’t pursue compensation from other negligent parties. A workers’ compensation lawyer can investigate the accident on your behalf to determine if you have the right to file an additional claim against:

  • A negligent driver: If you were injured while driving for work, you could recover damages in an auto accident claim against the at-fault driver.
  • A property owner: Premises liability claims seek compensation from property owners whose negligence results in injury. An owner or tenant may be liable if you were injured due to a dangerous condition on the premises while doing your job.
  • A product manufacturer: Some workplaces use a variety of tools, equipment, and materials. Defects in any products you use on the job can lead to serious injury. Multiple parties involved in the design, manufacture, distribution, and sale of the faulty item may be liable in a defective product claim.

However, unlike with a workers’ compensation case, you must prove fault to recover the compensation you deserve. As with workers’ compensation claims, it is in your best interest to review your situation with a professional from our firm.

You’re Unsure of What You Can Recover

Workers’ compensation offers compensation for two-thirds of your lost income and covers the entirety of your medical bills. For some, this is ideal. Yet, for those with serious injuries, this may only cover a small fraction of their losses. Your life shouldn’t be turned upside down by a work-related injury. You deserve to move on with your life without worrying about how you’ll make ends meet.

When you partner with Whitley Law Firm, you get more than a lawyer; you get a trusted advocate. We can assess each aspect of your situation and pursue the highest possible settlement for what you’re owed.

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Keep in Mind That Your Case Comes With Some Deadlines

You have a limited time to pursue damages after an on-the-job injury. For instance:

  • You have 30 days to notify your employer in writing of the accident.
  • You generally have two years to file a workers’ compensation claim, with the deadline beginning from the date of your work injury.
  • You typically have three years to file an injury lawsuit in North Carolina, per G.S. § 1-52.

Waiting too long to initiate legal action could invalidate your right to damages. Yet, when you partner with Whitley Law Firm, you can trust that we’ll manage your case’s many deadlines and obligations.

Get in Touch with a Workers’ Compensation Lawyer Today

Workers depend on their jobs to pay their bills and support their families. In the event of a workplace injury or illness, workers’ compensation should help to offset the financial impact of being unable to work. Unfortunately, the complexities of the workers’ comp process and the challenges posed by employers and insurance companies often lead to underpayment or denial of legitimate claims.

If you or your loved one is struggling to get workers’ compensation benefits, Whitley Law Firm is here to help. With the Whitley Advantage, you get unparalleled experience, support, compassion, and a commitment to winning.

Please call Whitley Law Firm at (919) 785-5000 today for a free case evaluation. Our workers’ compensation lawyers serve clients in Raleigh, Winston-Salem, New Bern, and all of North Carolina.

Injured Worker Discuss about Compensation with His Lawyer

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Benjamin H. Whitley

Benjamin H. Whitley

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FAQs

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