If you have suffered an injury arising from an incident at your place of employment, were involved in a work accident, or have suffered what is called an “occupational disease” that resulted from your work, you may need a Raleigh personal injury lawyer to be able to file a workers’ compensation claim.
Workers’ compensation is a benefit program that can provide medical payments and wage replacement in the event that you are injured at work. It is an extremely important system that injured workers in North Carolina rely heavily on for support. It is also a “no-fault” system, meaning you do not have to prove that the accident or your injuries were anyone’s fault.
To file a workers’ compensation claim, you must prove that the accident occurred while you were in the course and scope of your employment. There are times, however, when injured workers encounter difficulty with their employer or their insurance carrier. When this happens, you can have trouble getting the benefits you deserve.
Our workers’ compensation lawyers in Raleigh genuinely care about our clients and offer 24/7 legal guidance to those in need. Contact us today if you need a strong legal advocate on your side as you try to navigate the workers’ comp system in North Carolina.
Recovering Compensation After an Injury at Work in Raleigh
There are countless scenarios that can result in a workplace accident. Regardless of the injuries suffered and the cause, you may be entitled to recover financial support through workers’ compensation. A workers’ compensation lawyer in Raleigh can explain how the law may apply to the facts of your case.
If you were hurt at work in Raleigh, North Carolina, workers’ compensation can pay for:
- Medical bills resulting from the injury or disease
- Rehabilitation costs for physical therapy and other services
- Wages lost to the injury and lost productivity
- Permanent disability arising from a permanent injury
If you have suffered a work-related injury, leaving you unable to return to work, we can help you file for the benefits you need. If your claim has been denied, we have the experience necessary to appeal the decision with the North Carolina Industrial Commission.
For a free legal consultation with a workers' compensation lawyer serving Raleigh, call (800)785-5000
Filing a Claim for Death Benefits After a Fatal Workplace Accident in Raleigh, NC
Losing a loved one in a workplace accident is devastating. If your family depends on the deceased’s financial support, it can be a financially devastating and frightening experience. You may not know how you will cover the bills, and you may even be facing the loss of your vehicle or home.
If you are experiencing this situation after losing a loved one, you may be able to obtain workers’ compensation death benefits that can help you cover your losses while you grieve.
So, who can file for death benefits in North Carolina? These benefits can be collected by those who were “wholly dependent” on the deceased’s income. If only one person depended on the deceased’s income, that person would collect the benefits. If there are multiple dependent parties, the benefits will be divided among them.
Your workers’ compensation lawyer in Raleigh can explain how death benefits will work in your situation based on the number of dependent survivors in your claim.
Raleigh Workers' Compensation Lawyer Near Me (800)785-5000
What to Do After a Workplace Injury in Raleigh, NC
If you get hurt on the job or develop an injury or illness that you believe may be related to your work, you must take immediate action. There are a number of important steps you need to take to preserve your rights under North Carolina’s workers’ compensation law.
Here is what you should do after a work-related injury:
- Seek Medical Treatment. In the event of an emergency, you can receive treatment from any doctor regardless of whether your employer approves the provider.
- Tell the Provider That Your Injury Is Work-Related. When you first seek treatment, it is important to tell the doctor or other provider that your condition is related to your employment, as well as the name of your employer. The provider will bill workers’ comp for your care.
- Notify a Manager or Supervisor of Your Injury. This should be done as soon as possible.
- Provide Written Notice of the Accident to Your Employer. There are different time requirements in which you must notify your employer, in writing, of your job injury or occupational illness. In some instances, you have just 30 days to notify your employer, so make sure you provide written notice as soon as possible.
- Follow the Doctor’s Orders. It is crucial to abide by the instructions of your doctors and healthcare providers after a workplace injury. Doing so is necessary for furthering your recovery and keeping you eligible for workers’ compensation benefits.
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How Long Do I Have to Make a Workers’ Compensation Claim in Raleigh?
Employers are required to immediately report a worker’s claim of injury or illness to their workers’ compensation insurance carrier. Generally, this marks the beginning of your workers’ compensation claim. The insurance company will assess the claim submitted by your employer and notify you of your benefits in writing within 14 days.
However, sometimes employers fail to notify the insurance company of a worker’s injury or disease. If this is the case, you have two years to make a workers’ compensation claim.
To get started, you need to complete Form 18 and submit it to the North Carolina Industrial Commission. You should not hesitate to speak to a Raleigh workers’ compensation lawyer if you have questions about bringing a workers’ compensation claim, what benefits you may be entitled to, and more.
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Who Can File a Workers’ Compensation Claim in North Carolina?
Any employee who was injured due to negligence or unsafe work conditions deserves fair workers’ compensation benefits in North Carolina. If you are trying to get benefits and it’s not going how you’d hoped, it may be time to call a Raleigh workers’ comp lawyer.
We help all kinds of workers to access the benefits they need after they’ve been injured. Here are some of the different industries whose employees we are happy to represent:
- Healthcare staff who are vulnerable to patient-handling strains and communicable diseases
- Workers with wrist tendonitis, such as cashiers, typists, cooks, musicians, and surgeons
- Police officers and firefighters who are in high-risk jobs with a high risk of accidents and work hazards
- Teachers and school staff who face hazards in the classroom, high levels of stress, and, far too often, the injuries and trauma that come with school shootings
- Airline workers, such as baggage handlers and aviation maintenance technicians
- Construction workers, who are often victims of falls, crushing, and electrocution
- Manufacturing and warehouse workers who suffer from repetitive motion disorders, exposure to heavy machinery and chemicals, and even dangerous fires.
- Retail and restaurant workers who face slips, falls, cuts, burns, and, sometimes, senseless acts of violence.
- Truck drivers who face crash risks, back injuries, and the risk of accidents when trucking companies don’t follow the rules and regulations.
No matter what your field, if you’ve been injured during the course of your employment-related duties and you are having trouble getting workers’ comp benefits, talk to one of our Raleigh workers’ compensation attorneys. We are here to help.
North Carolina Workers’ Compensation Act
The Workers’ Compensation Act provides medical compensation to cover the injured worker’s medical needs to help provide relief and cure for their injury. The act also provides for wage replacement at the injured worker’s average weekly wage. In fact, the act provides that the injured worker is paid two-thirds of the average weekly wage after a certain waiting period.
The act also provides payment for a permanent partial disability rating if the authorized treating physician gives the injured worker a rating to a specific body part. The act provides for payment for that rating.
How Is a Workers’ Compensation Claim Filed in North Carolina?
Workers’ compensation has very complicated rules and certain deadlines that must be met so you do not lose the benefits you are entitled to.
It is very important to get a workers’ compensation lawyer involved to ensure that you obtain all the benefits you are entitled to, that your wage replacement checks come on time, and that all of your medical appointments are approved.
You only have 30 days from the incident that caused the injury to tell your employer, in writing, about the injury. You must then file a Form 18 with the North Carolina Industrial Commission within two years of the incident.
Because of the complexity of workers’ compensation, the best way to provide the information you need is to speak with you personally. Contact us by calling today so that we can explain your situation and injury.
A Raleigh workers’ compensation lawyer from our firm can give you personalized legal information and help you through the process. We offer free initial consultations and work on contingency, meaning that we charge no fees until we get you compensation.
Common Mistakes to Avoid in a North Carolina Workers’ Compensation Claim
The biggest mistake people make is that they do not report their claim on time. The injured worker may get hurt with a very significant injury and continues to work the day or weeks before reporting the injury. By the time they make a report, it is usually either too late or they have an issue with the insurance company accepting their claim.
Also, people do not tell doctors about all the parts of their body that are in pain. For example, they may say their knee hurts, but they also have pain in their shoulder. If they do not mention the shoulder at some point and later try to have that part included in their claim, it could be a problem because it was not initially mentioned.
Another mistake is improperly filling out the important forms that must be filed with the North Carolina Industrial Commission. This is another reason why it is important to have a Raleigh workers’ comp lawyer involved early in the claim.
Source: LP Gas Magazine
Filing a Workers’ Compensation Lawsuit Against an Employer in North Carolina
Workers’ compensation is currently the only legal remedy for employees hurt or made ill on the job. There are some very narrow exceptions to this rule. Legislation has made strict guidelines when it comes to policy. Workers’ compensation provides employees with an exclusive remedy for injuries and illnesses sustained on the job without regard to fault.
Workers’ compensation is in return for monetary recovery and may include lost wages, medical expenses, and many times – rehabilitation. Workers’ compensation helps to reduce tension in the workplace. It creates a predictable and reliable method for resolving conflict. It is not, however, impossible to file a lawsuit. Employees may be able to seek this recourse in certain situations, such as in the face of criminal conduct or employer retaliation.
Lawsuits When an Employer Sues a Third Party in a Workplace Accident
When an employer cannot insure their employee, they often will have the benefit of filing a suit against a third party.
Examples of this may include:
- A dangerous situation not being corrected by an inspector
- A doctor may worsen an injury due to negligence
- Distributors, manufacturers, and sellers are held responsible for defective products
- A place of employment may be subject to unsafe conditions that a landlord ignores
At Whitley Law Firm, we are glad to accept workers’ compensation cases throughout North Carolina. To learn more about third-party claims, contact a Raleigh workers’ compensation attorney from our firm today. We offer experienced and knowledgeable counsel to help you deal with the legal elements of your case.
Talk to a Workers’ Compensation Lawyer in Raleigh, NC, for Free
If you were injured on the job in Raleigh, speak with a dedicated workers’ compensation attorney who can help protect your rights while you recover from your injuries. Whitley Law Firm offers injured workers free consultations to discuss your case and options confidentially.
During the consultation, our workers’ compensation lawyers in Raleigh will:
- Review the details of your workplace accident to assess potential negligence and liability.
- Explain your rights and protections under North Carolina workers’ comp laws.
- Outline the benefits you may be entitled to for lost wages, medical treatment, and permanent impairment.
- Discuss strategies for securing the maximum compensation you deserve.
- Answer any questions you have about the claims process and what to expect.
- Provide candid guidance on your best path forward.
We have the experience to build a strong case and maximize your recovery. Don’t navigate the workers’ comp system alone. Schedule your free case evaluation today.
Raleigh Workers’ Compensation FAQ
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Call Whitley Law Firm Today
To work with a legal advocate on your side as you try to navigate the workers’ comp system in North Carolina, call us today at (919) 785-5000.
Our workers’ compensation lawyers in Raleigh genuinely care about our clients and offer 24/7 legal guidance to those in need.
Call (800)785-5000 or complete a Free Case Evaluation form
