Gastonia Workers’ Compensation Lawyers

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Gastonia Workers’ Compensation Lawyers

When you experience a workplace injury, you depend on your employer’s workers’ compensation insurance to cover your medical expenses and lost wages. Sadly, some valid claims are denied unjustly. This can happen for various reasons, but regardless of the cause, you have the right to a hearing if you believe the decision was wrong. Don’t give up without consulting a workers’ compensation attorney in Gastonia, NC. At the Law Offices of Jason E. Taylor P.C., we help workers like you who deserve workers’ compensation benefits.

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What Is Workers’ Compensation and How Does It Function?

The North Carolina Workers’ Compensation Act mandates that employers with three or more regular employees carry workers’ compensation insurance. This law is applicable to nearly all employers in Gastonia, regardless of their industry or business type. There are instances where an employer must provide workers’ compensation coverage even if they have fewer employees, such as businesses where employees are exposed to radiation.

Certain types of workers are exempt from this requirement, including casual employees, domestic workers, specific railroad employees, federal employees working in North Carolina, and some agricultural workers.

Employers who fail to have the necessary workers’ compensation insurance can face fines or even jail time.

Worker compensation form for employment associated injury.

What to Do If You’re Injured at Work in Gastonia

If you get hurt on the job in Gastonia, you should immediately notify your employer. Keep a detailed record of your injury and symptoms daily. Seek medical attention promptly, even if the injury seems minor, as minor injuries can worsen over time. If your claim is complicated or has been denied, contact the Gastonia workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. as soon as possible.

Challenges in Workers’ Compensation Claims

When filing a workers’ compensation claim in Gastonia, be prepared for potential obstacles. Not all denials are unwarranted. Claims can be denied if the injury resulted from intentional acts, horseplay, or activities under the influence of drugs or alcohol. Denials may also occur due to employee errors, not notifying the employer within the required time, not following prescribed treatment, or making mistakes on forms.

Sometimes, insurance companies make mistakes. These companies aim to minimize payouts and might claim your injuries are exaggerated, preexisting, or not work-related. They may clear you to return to work even if you disagree or argue that you are an independent contractor instead of an employee.

Do You Need a Workers’ Compensation Lawyer in Gastonia?

If your claim is denied, consult with our Gastonia workers’ compensation lawyers immediately. Navigating the legal process alone can jeopardize your right to benefits. An experienced attorney can help you secure the compensation 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

The Role of the North Carolina Industrial Commission (NCIC)

The North Carolina Industrial Commission (NCIC) is responsible for overseeing the North Carolina Workers’ Compensation Act. This includes handling disputed claims by facilitating mediation and making impartial decisions. The NCIC also investigates alleged violations of workers’ compensation laws and provides training to employers to help reduce workplace accidents. Additionally, the NCIC can assist injured workers by facilitating necessary medical care and rehabilitation services.

Applying for Workers’ Compensation in Gastonia

If you experience a work-related injury or illness in Gastonia, report it to your employer immediately and seek medical treatment without delay. Your employer should provide you with information on the company’s workers’ compensation process. Make sure to inform the doctor that the injury or illness is related to your job and provide your employer’s contact details for billing purposes.

You must submit a written notice of your injury to your employer within 30 days. Keep a copy of this notice for your own records. If you have any additional evidence, such as photographs, maintain copies of these as well. It’s crucial to follow the treatment plan provided by your workers’ compensation doctor to prevent denial of your claim.

Filing Deadlines for Workers’ Compensation Benefits

In Gastonia, you must notify your employer within 30 days of any work-related accident. Filing a Form 18 with the North Carolina Industrial Commission (NCIC) typically satisfies this requirement. The statute of limitations for workers’ compensation claims in North Carolina is two years. If you do not have a Form 18 on file with the NCIC within this period, you forfeit your right to benefits.

What to Do If Denied Workers’ Compensation Benefits

If your workers’ compensation claim is denied, do not panic. A denial does not necessarily mean you will not receive benefits. There are several appeal options available, but you need to act quickly. It is crucial to contact an attorney promptly to discuss your options and ensure you meet all necessary deadlines.

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

Prospective clients often have many questions about workers’ compensation benefits. Here are answers to some common questions:

Can You Be Laid Off While on Workers’ Compensation?

In Gastonia, you cannot be dismissed solely for filing a workers’ compensation claim or as a form of retaliation. However, you may be laid off for other legitimate reasons while you are receiving benefits. If your injury results in a layoff, you may still qualify for temporary total or partial disability benefits.

Can You Sue if You Accept Workers’ Compensation?

Typically, you cannot file a lawsuit against your employer if you are receiving workers’ compensation benefits. However, you may be able to sue a third party who is responsible for your injuries. For instance, if you were involved in a car accident while working, you could pursue legal action against the driver at fault.

Does Workers’ Compensation Always Offer a Settlement?

Receiving workers’ compensation benefits does not guarantee that you will receive a settlement offer. In Gastonia, not all cases settle, and you cannot compel the workers’ compensation insurance carrier to offer a settlement. Depending on your circumstances, it might be advantageous to keep your case open. Sometimes, the insurance company may propose a lump sum settlement to close your case, which would prevent you from seeking additional compensation or benefits in the future if further issues arise.

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

No, workers’ compensation benefits are not subject to federal or North Carolina state taxes. This tax exemption also applies to lump sum settlements. However, if you are receiving Social Security Disability (SSD) benefits simultaneously, there may be an offset (reduction) of your SSD benefits.

Do You Have To Prove Employer Negligence in Gastonia?

No, you do not need to prove negligence on the part of your employer or co-workers. Even if your own negligence contributed to your injury, it will not be held against you. The workers’ compensation system operates as a no-fault program, ensuring that you receive benefits for work-related injuries or illnesses regardless of fault.

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

Contact Our Workers’ Compensation Attorneys in Gastonia, NC

If you have questions about filing a workers’ compensation claim, reach out to the Gastonia workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. today. With years of experience handling North Carolina workers’ compensation cases, we have assisted many clients in securing the benefits and settlements they deserve. To learn how we can help you, schedule a consultation with our office today.

120 3rd St NE
Hickory, NC 28601

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

130 Church St NE
Concord, NC 28025

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

301 S McDowell St #1016
Charlotte, NC 28204

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

1348 Ebenezer Rd #103
Rock Hill, SC 29732

Phone: (803) 980-5300
Toll Free: (800) 351-3008

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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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