Sustaining a work-related injury or illness can be difficult and stressful for you and your family. It would help if you didn’t have to worry about how you’ll continue to support your family while you juggle forms, attend appointments, and deal with insurers. Focus on your health and recovery while a Greenville workers’ compensation lawyer handles your legal matters for you.
The Whitley Law Firm team has more than 120 years of combined experience in personal injury cases. Let a personal injury lawyer serving Greenville from our office assist you with your workers’ comp case. Contact us today for more information.
What Is Workers’ Compensation?
This refers to no-fault insurance in which an employer provides a compensation check and other benefits to a staff member who suffers an on-the-job injury or illness. With this coverage, an employee waives their right to sue their employer. In exchange, the employer gives the worker benefits that they can use to cover their injury- or illness-related losses.
In terms of who can pursue workers’ compensation, construction workers, factory workers, and many other North Carolina employees may be eligible. If you get hurt or experience an illness at work, notify your employer immediately. You could get comp benefits through a claim.
Employers can fight negligence claims, even if they offer insurance coverage to experienced workers and others. For those dealing with a dispute with your employer relating to your on-the-job injury or illness, legal help is available. Assess your legal options with a lawyer who has relevant experience.
For a free legal consultation with a workers' compensation lawyer serving Greenville, call (800)785-5000
Types of Workers’ Compensation
Workers’ compensation in North Carolina is not one-size-fits-all. You could qualify for benefits that serve you well long into the future. Here are some of the benefits you may receive through a claim:
- Permanent Partial Disability (PPD): You can return to work but are dealing with a permanent disability.
- Permanent Total Disability (PTD): If you can no longer work due to your injury or illness, you can get lifetime benefits.
- Temporary Total Disability (TTD): This is available if you suffer a disability that prevents you from working, and you may receive it for a maximum of 400 weeks.
If you want these and other benefits, file a claim with your employer. Get started by searching for a lawyer to represent you. If you know how to find a good workers’ compensation lawyer, you are well-equipped to maximize your benefits.
Greenville Workers' Compensation Lawyer Near Me (800)785-5000
Benefits You Can Receive from Your Employer
If you or a loved one suffers a work-related injury or illness, you could be entitled to this insurance coverage. Medical care, lost weekly wages, and vocational training are three benefits you can receive. These and other benefits are lifelines for Greenville, NC employees who sustain many types of injuries, including:
- Back injuries
- Head trauma
- Traumatic brain injuries
- Spinal cord injuries
- Occupational illness and disease
- Scarring and disfigurement
- Loss of limbs
- Damaged internal organs
The team at the Whitley Law Firm can teach you about the three most common workplace injuries and many others. Our Greenville workers’ compensation attorneys will review your case in detail and explain your legal options to you. Request a consultation with our lawyers.
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Legal Hurdles You May Encounter If You File a Greenville Workers’ Compensation Claim on Your Own
Unfortunately, the claims process can be incredibly complex, and getting benefits after a work accident can be tricky. Issues can arise that result in an undervalued, delayed, or unfairly denied claim. These include:
- Devaluing claims
- Denying claims
- Delaying or failing to follow up on claims
- Worker waiting to submit a claim due to concerns about retaliation from their employer
A workers’ compensation lawyer serving Greenville is your legal advocate. They will teach you about North Carolina’s workers’ compensation laws and how they apply to your case. Throughout your litigation, your attorney looks out for your best interests.
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Frequently Asked Questions (FAQs) About Workers’ Compensation in Greenville, North Carolina
As you deal with the aftermath of a work accident and injury or illness, your health is your top priority. A workers’ compensation attorney serving Greenville understands the needs of injured workers. Your lawyer can provide you with information about the documents needed for a workers’ compensation claim and answer common questions relating to your case, such as:
How do I File a Claim in Greenville, NC?
Most employers are legally required to carry insurance that pays benefits to qualifying employees if they are injured or get sick at work. However, you won’t obtain benefits if your application is inaccurate or not filed on time. The first deadline is notifying your employer in writing within 30 days of your injury or the onset of illness.
Complete the necessary forms and file them with the North Carolina Industrial Commission (NCIC). Keep copies and provide one to your employer or insurer. You have two years to file this form.
From here, your employer will respond to your claim within 30 days. At this stage, your employer can agree to pay your benefits or deny your request. A Greenville personal injury attorney can give you details about what happens if a workers’ compensation claim is denied.
As an Employee, What Insurance Coverage do I Get in Greenville, NC?
Compensation benefits cover your medical care and up to two–thirds of your weekly wages. As of January 1, 2023, the maximum weekly rate for a claim is $1,254.00. Not all injuries automatically qualify for this insurance coverage, and a personal injury lawyer serving Greenville can explain who isn’t covered by workers’ compensation in North Carolina.
Your benefits may cover other losses. For example, if you have to travel farther than 20 miles for medical treatment, you are entitled to mileage compensation for your travel expenses. Or, if you are out of work for more than 30 consecutive days, you can recover your lost earnings for those first seven days.
When in doubt about what benefits are available, consult with a lawyer. Discuss your work injury or illness with your attorney. At this point, your lawyer will do everything they can to ensure you get the benefits you deserve.
Can I Sue My Employer for a Workplace Injury or Illness?
You cannot sue your employer if you are collecting compensation benefits relating to a work injury or illness. Compensation insurance may be offered to help a worker and their employer. In receiving medical provider benefits and others through this no-fault system, you give up your right to sue based on a work incident that left you with an injury or illness.
Alternatively, consider what can happen if a third party causes you to suffer an injury while you are traveling to work. In this scenario and similar ones, you may be able to recover compensation through both a personal injury lawsuit and a workers’ compensation claim. To find out if this is an option, meet with a personal injury attorney serving Greenville.
Choose a lawyer who has achieved outstanding case results. Your lawyer prioritizes your case and prepares an argument to show you are not liable for your injury. If they succeed, you could get damages for your medical expenses, pain and suffering, and other economic and non-economic damages.
Can I Be Fired for Filing a Claim?
You cannot be fired for claiming workers’ comp in North Carolina if you were injured or became sick while lifting heavy objects or performing other work duties. It is illegal for an employer to retaliate against you in this way. An employer cannot retaliate against you in other ways, either.
Keep in mind that North Carolina is an “at–will“ state for employment. Based on this, an employer can find many reasons to terminate a worker’s employment. For instance, if you suffer injuries that keep you from performing essential job duties, your employer must make reasonable accommodations available but could have grounds for dismissal.
If you are worried about getting fired if you file a claim and cannot perform your work duties, ask for help from a lawyer. With your attorney’s assistance, you could negotiate a settlement with your employer. If you approve this agreement, your employer will pay a workers’ compensation settlement that gives you fair compensation for your losses.
When Should I Hire a Lawyer for a Workplace Injury or Illness?
A Greenville workers’ comp lawyer can help you obtain benefits for your medical bills, physical therapy, and more. They provide everything you need for your claim or appeal. Reasons to hire an attorney to represent you include:
- You sustained severe injuries and need help getting started with your case.
- You are unsure about how to find evidence to substantiate your claim.
- You feel you were unfairly dismissed after being injured at work.
- Your claim was denied, and you need help with the appeals process.
- Your employer is disputing whether your injuries were caused at work.
- An insurance company denied, delayed, or refused to authorize your treatment.
- A third party caused your injury, and you want to file multiple claims against them.
- You feel your employer is mistreating you after a workplace injury.
A Greenville workers’ comp attorney can guide you through each stage of the entire process for claims. They take care of your litigation and keep you updated as it progresses. Meanwhile, you can focus on recovering from your workplace accident and injury or illness and getting the most value out of your comp benefits.
Who Must Provide Compensation Coverage to Workers in Greenville, NC?
North Carolina employers with three or more staff members must carry workers‘ compensation insurance. Some domestic employees, farm staff members, and government employees may be exempt from this insurance coverage. A workers’ comp lawyer serving Greenville can determine if your employer is required to provide comp coverage.
You must provide written notice to your employer within 30 days to get comp benefits, according to North Carolina General Statutes (NCGS) §97-22. The waiting period is seven days for receiving your benefits. If your injury results in a disability that lasts more than 21 days, you are eligible to collect compensation starting from the date of your disability.
In addition, you have a maximum of two years to file a claim based on your workplace injury or illness. Do not let this time frame elapse. Discuss your case with a workers’ comp attorney serving Greenville, and they can help you determine what to do next.
Partner with Greenville Workers’ Compensation Lawyers Who Handle Every Case with Wholehearted Care
Going through the workers’ compensation claims process by yourself can be challenging. It only takes one mistake during this process to compromise your claim. Rather than risk mistakes, get help from a lawyer who understands the ins and outs of this process.
The team at the Whitley Law Firm understands how stressful it can be to get hurt or become ill at work. Our lawyers assist North Carolinians with their workers‘ compensation claims. Schedule a consultation with our attorneys.
Call (800)785-5000 or complete a Free Case Evaluation form
