If you have been injured on the job, it is important to seek legal help as soon as possible. Workers’ compensation laws are complex, and it can be difficult to get the benefits you deserve without an experienced lawyer on your side.
At The Law Offices of Jason E. Taylor in Charlotte, we value the attorney-client relationship and will do everything to protect your rights when you file a workers’ comp claim.
What is Workers’ Compensation in Charlotte, North Carolina?
Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill due to their job. Workers’ compensation laws vary from state to state, but these laws generally require employers to provide coverage through an insurance company for their employees’ medical expenses and lost wages. In North Carolina, workers’ compensation is mandatory for all employers who regularly employ three or more people.
What to Do After a Work Injury in Charlotte
If you have been injured on the job, unless it is an emergency, you should report it to your employer. It is important to seek medical attention as soon as possible. Once a doctor has seen you, you should follow up with your employer, giving notice of your injury in writing. You should then file a claim with the North Carolina Industrial Commission. This claim should be filed within 30 days of your injury, and must be filed within two years of your injury.
The adjuster for the workers’ compensation carrier will “investigate” your claim and determine whether or not you are eligible for benefits. If your claim is accepted, you will receive medical benefitsand a portion of your lost wages. If your claim is denied, you have the right to request a hearing and a Deputy Commissioner will determine the compensability of your claim..
Not Every On-the-Job Injury Is Covered?
. There are several categories that a workplace injury may fall into, and unfortunately, not all are covered under the North Carolina Workers’ Compensation Act. Every case is fact specific and you should consult with a Charlotte workers’ compensation lawyer to discuss whether your particular injury is covered.
When to Hire a Workers’ Compensation Lawyer in Charlotte
Injured workers should consider hiring a workers’ compensation lawyer if:
- Your employer denies your claim
- Your benefits are denied or cut off
- You are not receiving the full amount of benefits you are entitled to
- You need help filing an appeal
and ensure that you get the benefits you deserve. When choosing a lawyer, it is important to find someone who has experience handling workers’ compensation claims in North Carolina. You should also make sure that the lawyer you choose is a good fit for you and your case.
Who Can File a Workers’ Compensation Claim in Charlotte?
In general, any employee who is injured or becomes ill due to their job can file a workers’ compensation claim. This includes injuries that occur at work and illnesses caused by exposure to hazardous conditions at work. If you are not sure whether or not you are eligible to file a claim, you should speak to a workers’ compensation lawyer.
What Are the Benefits of Hiring a Charlotte Workers’ Comp Attorney?
There are many benefits to hiring a workers’ compensation lawyer in Charlotte. A lawyer can help you navigate the complex workers’ compensation system, file your claim, and contest a denial of benefits. A lawyer can also help you get the full amount of benefits you are entitled to. In addition, a lawyer can protect your rights if your employer tries to retaliate against you for filing a workers’ compensation claim.
Workers’ Compensation Hearings
If your workers’ compensation claim is denied, you have the right to a hearing before the North Carolina Industrial Commission. You and your lawyer will present evidence to support your claim at this hearing. A Deputy Commissioner will then decide whether or not your claim is compensable.
What is Covered by Workers’ Compensation Benefits in Charlotte?
In Charlotte, workers’ comp benefits can help you pay for your medical bills and lost wages. If you cannot work because of your injury or illness, you may be eligible for temporary disability benefits. Vocational Rehabilitation
Workers’ compensation in Charlotte may cover the cost of vocational rehabilitation if you cannot return to your previous job because of your injury. Vocational rehabilitation can help you learn new skills and find a suitable job for your abilities.
Medical Expenses
Workers’ compensation in Charlotte, if your claim is accepted, will cover the cost of authorized medical treatment you need due to your injury. This includes the cost of doctor’s visits, surgeries, and hospital stays. Workers’ compensation will also cover the cost if you need prescription medication.
Lost Wages
If you cannot work because of your injury, workers’ compensation will provide you with benefits to help replace a portion of your lost wages. The amount of benefits you receive will depend on your pre-injury income with your employer..
Permanent Disability
If you suffer a permanent partial disability according to your authorized medical provider, you are entitled to a payment based on the rating assigned. Death Benefits
If you lose a loved one to an on-the-job accident, workers’ compensation will provide defined benefits to your surviving family members. Death benefits can help pay for funeral expenses and medical related to the fatal accident.
Can I File a Lawsuit Over My Job-Related Injuries?
In most cases, you cannot file a lawsuit against your employer for job-related injuries. Workers’ compensation is designed to be the exclusive remedy for workplace injuries. However, there are some exceptions to this rule. You should consult with a Charlotte workers’ compensation lawyer to discuss whether you may be able to file a lawsuit.
How Much Does a Workers’ Compensation Lawyer Cost?
Workers’ compensation lawyers in Charlotte work on a contingency fee basis, which means they do not charge any upfront fees and only receive a payment if you receive monetary compensation in your case. The contingency fee is capped by the Industrial Commission at 25% of the recovery..
How Long Do I Have to File a Claim?
In North Carolina, you have two years from your injury to file a workers’ compensation claim. If you do not file within this time period, you will be barred from receiving benefits. But, you should always file your claim as soon as possible. A delay increases the likelihood of your claim being denied.
Can I Be Fired or Laid Off For Filing a Workers’ Comp Claim in Charlotte?
No. It is illegal for your employer to fire you or lay you off because you have filed a workers’ compensation claim. You should consult with a Charlotte workers’ compensation lawyer to discuss your legal options if you believe your employer has retaliated against you.
What Injuries Are Covered By Workers’ Compensation?
Injuries resulting from a single event, such as a fall from a ladder, and injuries that develop over time, such as carpal tunnel syndrome.
Some of the most common workplace injuries covered by workers’ compensation include:
- Slips, trips, and falls
- Lifting injuries
- Repetitive motion injuries
- Back pain
- Neck pain
- Head injuries
What If I Was Partially Responsible For My Workplace Injury?
In North Carolina, an injured worker is still eligible for workers’ compensation benefits even if they were partially or fully responsible for their injury.
I Was Denied Workers’ Compensation Benefits. What Can I Do?
If your workers’ compensation claim is denied, you have the right to request a hearing, and have your claim heard before a Deputy Commissioner. You should contact a Charlotte workers’ compensation lawyer to discuss your legal options and help you file an appeal.
How Long Does it Take to Get Workers’ Compensation Benefits?
The length of time it takes to receive workers’ compensation benefits will depend on the timeliness of your reporting of the injury and the discretion of the adjuster. Generally, you should start receiving benefits within a few weeks after filing your claim.
How Long Does Workers’ Comp Last in Charlotte, North Carolina?
The duration of your workers’ compensation benefits will depend on the severity of your injury. In 2011, the State Legislator limited the time you can receive benefits to 500 weeks. Prior to the exhaustion of the 500 weeks, you can request extended benefits. But that requires a showing of the incapacity to do any work. . If you can return to work, your benefits will end when you reach maximum medical improvement or return to work, whichever comes first.
Can I Quit My Job While on Workers’ Compensation?
If you quit your job while you are receiving workers’ compensation benefits, you may still be eligible for benefits. However, several factors could affect whether you should or shouldn’t quit. You should consult with a Charlotte workers’ compensation lawyer to discuss your legal options before quitting your job.
Contact Our Charlotte Workers’ Compensation Lawyers Today
If you have suffered from a workplace accident, you may be entitled to compensation benefits. However, the process of obtaining these benefits can be complex and confusing.
An experienced workers’ compensation attorney can help you navigate the process and ensure that you receive the full amount of benefits to which you are entitled. Contact an attorney at The Law Offices of Jason E. Taylor today to schedule a consultation.
