Winston-Salem Workers’ Compensation Lawyer
Whether you work a standard nine-to-five job or part-time, you deserve a safe workplace. Still, even office jobs pose threats to workers, which is why many North Carolina employees are entitled to workers’ compensation coverage. But what if you have problems getting what you need? What then?
You can turn to the team at Whitley Law Firm for guidance and support. During this challenging time, our family wants to support your family. We deliver client-focused legal care that feels like a warm hug. Let us alleviate the anxieties that come with a complex workers’ compensation claim and focus on healing. Call (919) 785-5000 to learn about partnering with a Winston-Salem workers’ compensation lawyer.
What Is Workers’ Compensation in North Carolina?
Before we outline our services, we want to explain the basics behind workers’ compensation in North Carolina. Per the North Carolina Industrial Commission, workers’ compensation protects both employers and employees when a work-related injury or accident occurs.
Victims benefit because they are not required to prove negligence to access the compensation they need. Employers generally benefit because carrying workers’ compensation shields them from third-party claims and lawsuits––which can cost millions.
If another party’s negligence caused your accident and injuries, you could file a personal injury case in addition to workers’ compensation. For many people, this picks up where workers’ compensation leaves off; the latter doesn’t offer pain and suffering damages. You don’t have to have a complete understanding of workers’ compensation in Winston-Salem. Our personal injury lawyers bring our knowledge and experience to each case we handle.
We Have What You Want in a Winston-Salem Workplace Injury Lawyer
You deserve a dedicated lawyer to handle your workers’ compensation claim. Here are four things to look for when searching for an attorney:
- Experience. You deserve a board-certified North Carolina workers’ compensation attorney. Whitley Law Firm has more than 80 years of combined legal experience handling workers’ compensation and personal injury claims.
- Reliable communication. You get your attorney’s email address and phone number when you partner with us. Don’t worry if your call goes to voicemail; we get back to you within 24 hours.
- An exit strategy. After you reach the level of maximum medical improvement (MMI), your lawyer should have a plan for what happens next, either settling your claim or staying in the workers’ compensation program to receive ongoing medical care and benefits. From the very beginning, you’ll know what to expect from our firm.
- An understanding of hidden claims in your case. Some law firms only handle workers’ compensation cases. They don’t look for other avenues of pursuing compensation for their clients. We look at your case from all angles, recovering every dollar you need.
We treat each of our clients like family. When you visit our office, you won’t feel like you’re visiting a law firm. You’ll feel like you’re chatting with old friends. We want to put your mind at ease and offer support during this period.
We Have Your Best Interests at Heart in Winston-Salem
Some employers are more supportive of their injured employees than others. Yet, no matter how well your employer treats you following an accident or injury, it is important to consider having an experienced Winston-Salem workers’ compensation attorney by your side.
Your workers’ compensation lawyer will look out for your best interests. They can help you navigate the system from the very beginning, including:
- Filing the appropriate paperwork
- Keeping an eye on statutory deadlines
- Negotiating with your employer
- Preparing you for the workers’ compensation claims hearing
- Helping you pursue an appeal if your claim is initially denied
In addition, your Winston-Salem workers’ compensation lawyer can help ensure that you are not treated differently at work, harassed, demoted, or fired as a result of your claim. You have options as an injured worker––and we aim to uphold them.
We Work on a Contingency-Fee Basis
After an on-the-job injury, you’re dealing with more than a serious condition; you could face financial hardship as you’re unable to work and make a living. We don’t want to compound your financial stress, so we operate on contingency.
For you, this means you don’t pay anything for us to get started on your case. For us, we have an extra incentive to win your case because you pay nothing if it doesn’t succeed. We take some of your workers’ compensation settlement as payment for our help. You can learn more about this risk-free arrangement when you consult our team.
What Are the Recoverable Damages in a Workers’ Compensation Case?
Damages in Winston-Salem workers’ compensation claims are typically limited to obtaining compensation for medical bills, medication costs, future treatment needs, and lost wages due to temporary or permanent disability. You need to go to the healthcare providers approved by your employer, not your regular doctor, to get your treatment covered by the workers’ compensation program.
Barring special circumstances, workers are not usually awarded punitive damages in workers’ compensation cases. However, if you believe that your employer’s conduct that resulted in your injury was especially egregious, your Winston-Salem workers’ compensation attorney can advise whether any additional compensation may be available to you.
Our Lawyers Handle Workers’ Comp Claims Stemming From These Incidents
Workers’ compensation claims can stem from many types of work-related injuries and accidents. Almost all employment industries experience employee-involved accidents or repetitive strain injuries of some sort. High-risk industries where workers come in contact with dangerous or toxic substances or operate hazardous equipment generally experience more on-the-job injuries. Yet, as noted, employees who work desk jobs or in office environments can suffer injuries as well.
Our lawyers manage cases involving:
- Slip and fall injuries
- Falls from great heights
- Motor vehicle accidents
- Construction equipment accidents
- Being hit with a falling or flying object
- Exposure to toxins, fumes, or chemicals
- Burns, fires, and explosions
- Repetitive strain or motion injuries
- Carpal tunnel syndrome
- Psychological and emotional stress
- Violence in the workplace
- Traumatic brain injuries
- Eye injuries
- Damage to hearing
Many of these wounds can cause life-long impairments that deserve compensation.
Employer Retaliation in Winston-Salem Workers’ Compensation Cases
Filing a workers’ compensation claim is a legal avenue provided to workers who are injured while performing duties in the scope of their employment. However, due to the threat of increased insurance rates, or even a bad reputation, an employer may respond to the filing of a workers’ compensation claim in a negative way.
If the negative actions of the employer adversely affect you, you may have a case for employer retaliation in Winston-Salem workers’ compensation cases. A detail-oriented attorney could review your claim to help you determine whether you have a viable case.
Actions that Constitute Workers’ Compensation Retaliation
Not every action taken by an employer is considered retaliation. Pursuant to N.C. Gen. Stat. § 95-240, the following are actions which may constitute retaliation:
- Termination from the job
- Suspension from the job
- Demotion from a former position
- Relocation from a previously attended work location
In addition, any action taken by the employer which adversely affects the employee’s benefits or conditions of employment may also constitute an illegal practice. Speak with a lawyer today for more information about employer retaliation in Winston-Salem workers’ compensation cases.
Employees who are injured and filed a workers’ compensation claim are legally protected from employer retaliation, even if they only threaten to file a workers’ compensation claim.
If you experienced employer retaliation in a Winston-Salem workers’ compensation case, you have the right to inform the Labor Commissioner of the actions taken against you and the right to sue your employer with permission from the commissioner. For help understanding your rights and options in employer retaliation in Winston-Salem workers’ compensation cases, speak with a local workers’ compensation attorney.
Whitley Law Firm Offers More Than Advocacy; We Offer Compassion
While seeking workers’ compensation can be daunting for an employee, you deserve to have your voice heard and recover damages. You can call us today at (919) 785-5000 for a free initial consultation. Our family would be honored to help your family. Spanish speakers are available.