Charlotte Workers’ Compensation Lawyers

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Charlotte Workers’ Compensation Lawyers

When you’re injured on the job, you expect your employer’s workers’ compensation to provide much-needed payments to cover your time off work as well as your medical bills. Unfortunately, some legitimate claims end up wrongfully denied. This can happen for a variety of reasons, but regardless of the cause, know you have the right to appeal the decision if you feel it was in error. Don’t give up without first speaking with a workers’ compensation attorney in Charlotte, NC. At the Law Offices of Jason E. Taylor P.C., we can help workers just like you who deserve workers’ compensation benefits.

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What Is Workers’ Compensation, and How Does It Work?

Under the North Carolina Workers’ Compensation Act, all employers must carry workers’ compensation insurance if they have three or more employees. This act applies to nearly all employers in Charlotte, no matter their industry or type of company. An employer might have to provide workers’ compensation coverage no matter how many people they employ in some situations. For example, all companies with employees working in the presence of radiation must offer workers’ compensation.

Industries exempt from the law include those that employ casual employees, domestic help, employees of certain railroads, federal government employees in North Carolina, and some agricultural product sellers.

If an employer must have workers’ compensation insurance and doesn’t have coverage or follow the law, they could receive fines or jail time.

Worker compensation form for employment associated injury.

What Should You Do if You Get Hurt at Work in Charlotte?

If you are injured on the job in Charlotte, you need to notify your employer promptly. Document your injury and how you feel every day. Your next step is to seek medical treatment, even if you don’t think the injury is serious. Seemingly minor injuries often become major ones. If your claim is complex or you received a denial, contact the Charlotte workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. right away. 

What Are Common Challenges To Workers’ Compensation Claims?

If you are preparing to file a workers’ compensation case in Charlotte, understand that you might face challenges along the way. However, not all denials are unjustified. In cases where an employee’s injuries resulted from intentional acts, horseplay while working, or activities done under the influence of drugs or alcohol, workers’ compensation benefits won’t apply. Other denials involve accidental oversight by the employee, including not proving the injury was work-related, failing to notify the employer within the time limit, not following through with treatment, or making errors on forms.

In some situations, the workers’ compensation carrier makes a mistake. Remember, these insurance companies are for-profit businesses, and their goal is to reduce or eliminate their payout amount. They might claim your injuries are exaggerated, preexisting, or not work-related. They might clear you to return to work even if you disagree, or they might challenge your eligibility status by saying you are an independent contractor even though you clearly meet the definition of an employee.

Do You Need a Workers’ Compensation Lawyer in Charlotte?

If an insurance company denies your claim, speak with our Charlotte workers’ compensation lawyers immediately. Because you’re likely not familiar with the legal process, you risk losing the right to your benefits if you don’t get an attorney’s help. Your workers’ compensation attorney can help you fight for the benefits you deserve. 

Construction supervisors or engineers help construction workers who have knee and leg injuries, caused by accidents at the construction site. workers compensation theme

What Role Does the North Carolina Industrial Commission (NCIC) Play in These Cases?

The NCIC directly oversees the North Carolina Workers’ Compensation Act and administers the act by working toward resolutions in disputed claims. It will try to resolve a dispute by recommending mediation and providing an impartial decision. The state agency also investigates alleged criminal violations of the act and provides employer training to help reduce potential accidents in the workplace. The NCIC can facilitate medical care and rehabilitation for injured workers when necessary. 

How To Apply for Workers’ Compensation in Charlotte

Report any work-related accident or illness to your employer and seek medical treatment immediately. Your employer should outline the company’s workers’ compensation protocol. Before you can file a claim, you need a medical diagnosis. When you seek treatment, let the doctor know your injury or illness is related to your job, and provide your employer’s name and contact information, so they know who to bill.

Next, you need to provide written notice to your employer within 30 days. Keep a copy of the letter for your records. If you have other evidence, such as photos, keep copies of those in your records as well. Your workers’ compensation doctor will develop a treatment plan, which you need to follow. Otherwise, the insurance company might deny your claim for failure to follow the recommended treatment.

How Long Do You Have To File for Workers’ Compensation Benefits?

You must inform your employer within 30 days of your accident or illness. You can file a Form 18 with the NCIC, which often satisfies the 30-day requirement. The statute of limitations for workers’ compensation cases is two years. If you don’t have a Form 18 on file with the NCIC by this time, you will lose your right to benefits. 

What Happens if You’re Denied Workers’ Compensation Benefits?

If your claim is denied, do not panic. It doesn’t mean you won’t get benefits. You have several appeal options, but time is very limited. For example, you only have 14 days from the date you receive the denial to file an appeal. That’s why contacting an attorney right away is so important. 

An industrial warehouse workplace safety topic. A female worker distracted by her mobile cell phone as a forklift approaches.  Accidents involving distracted employees and material handling vehicle
workers compensation

Frequently Asked Questions

Understandably, prospective clients have many questions about how workers’ compensation benefits work. Here are answers to common questions we receive:

Can You Be Laid Off While on Workers’ Compensation?

In Charlotte, you cannot be terminated for filing a workers’ compensation claim or as an act of retaliation. However, you can be terminated for a legitimate reason while receiving workers’ compensation benefits. If your injuries led to the layoff, then you might be eligible to receive reinstatement of temporary total or partial disability benefits. 

Can You Sue if You Accept Workers’ Compensation?

Generally, you cannot sue your employer if you are receiving workers’ compensation benefits. However, you might have the option to file a lawsuit against a third party who contributed to your injuries. For example, if you were on a work-related errand in a car and were struck by another vehicle, you could file a lawsuit against the driver. That lawsuit would be separate from workers’ compensation benefits.

Does Workers’ Compensation Always Offer a Settlement?

Receiving benefits doesn’t guarantee you will receive a settlement offer. Not all cases in Charlotte settle, and you cannot force the workers’ compensation insurance carrier to settle. Depending on your circumstances, it might be better to leave your case open. In some situations, the insurance company might offer you a lump sum to resolve your workers’ compensation claim, which would close your case entirely. That means if you suffer problems in the future and need additional medical treatment, you cannot come back for more money or benefits. 

Do I Have To Pay Tax on a Workers’ Compensation Settlement?

No, you are not required to list workers’ compensation benefits as taxable income on either your federal or North Carolina state taxes. The same applies if you receive a lump sum settlement from your workers’ compensation carrier. In some situations, however, your workers’ compensation payments become more complicated, and you might see tax implications as a result. For example, if you are receiving Social Security Disability (SSD) benefits at the same time as workers’ comp, you could see the funds reported through your SSD statement. 

Do You Have To Prove Employer Negligence in Charlotte?

No, you do not need to prove your employer or co-worker did something that caused you to become injured or get sick. Even if your own negligence contributed to your injury, it wouldn’t count against you. The workers’ compensation system is set up as a no-fault program to ensure you get the benefits you’re entitled to when you suffer an on-the-job injury or illness. 

a man with a workers compensation injury meets his charlotte workers compensation lawyer

Contact Our Workers’ Compensation Attorneys in Charlotte, NC.

If you are filing a workers’ compensation claim and have questions, contact the Charlotte workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. today. We have years of experience dealing with North Carolina workers’ compensation benefits. We have represented many clients to help them successfully get the workers’ compensation benefits and the settlement they deserve. To learn how we can assist you, contact our office today, and schedule a consultation. 

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

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120 3rd St NE
Hickory, NC 28601

Phone: (828) 327-9004
Toll Free: (800) 351-3008

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

130 Church St NE
Concord, NC 28025

Phone: (704) 787-9419
Toll Free: (800) 351-3008

1348 Ebenezer Rd Suite 103
Rock Hill, SC 29732

Phone: (803) 980-5300
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The Law Offices of
Jason E. Taylor, P.C.
Charlotte Injury Lawyers & Attorneys at Law

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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