Statesville Workers’ Compensation Lawyers

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Statesville Workers’ Compensation Lawyers

When you suffer an injury at work, you rely on your employer’s workers’ compensation insurance to cover your lost wages and medical expenses. Unfortunately, some valid claims are wrongly denied. This can occur for various reasons, but regardless of the cause, you have the right to a hearing if you believe the decision was incorrect. Don’t give up without first consulting a workers’ compensation attorney in Statesville, NC. At the Law Offices of Jason E. Taylor P.C., we assist workers like you who are entitled to workers’ compensation benefits.

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Understanding Workers’ Compensation and Its Process

The North Carolina Workers’ Compensation Act requires employers with three or more regular employees to have workers’ compensation insurance. This law applies to nearly all employers in Statesville, regardless of their industry or business type. There are situations where an employer must provide workers’ compensation coverage irrespective of the number of employees, such as businesses where employees are exposed to radiation.

Certain industries are exempt from this requirement, including casual employees, domestic help, certain railroad employees, federal government employees in North Carolina, and some agricultural workers.

Employers who fail to carry the required workers’ compensation insurance may face fines or even imprisonment.

Worker compensation form for employment associated injury.

Steps to Take If Injured at Work in Statesville

If you are injured at work in Statesville, you must inform your employer promptly. Keep a daily record of your injury and symptoms. Seek medical attention immediately, even if you think the injury is minor, as minor injuries can become serious. If your claim is complicated or has been denied, contact the Statesville workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. as soon as possible.

Common Obstacles in Workers’ Compensation Claims

When filing a workers’ compensation claim in Statesville, be aware of potential challenges. Not all claim denials are unjustified. Denials can occur if an employee’s injuries resulted from intentional acts, horseplay, or activities under the influence of drugs or alcohol. Other denials happen due to employee oversight, such as not notifying the employer on time, not following the prescribed treatment, or making errors on forms.

Sometimes, the insurance company may make a mistake. These companies aim to minimize payouts and may claim your injuries are exaggerated, preexisting, or not work-related. They might 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 Attorney in Statesville?

If your claim is denied, consult with our Statesville workers’ compensation lawyers immediately. Navigating the legal process alone can risk 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 NCIC oversees the North Carolina Workers’ Compensation Act and handles disputed claims by recommending mediation and providing impartial decisions. It also investigates alleged violations and offers employer training to reduce workplace accidents. The NCIC can facilitate medical care and rehabilitation for injured workers when needed.

Applying for Workers’ Compensation in Statesville

Report any work-related injury or illness to your employer and seek medical treatment right away. Your employer should provide information on the company’s workers’ compensation process. Inform the doctor that your injury or illness is work-related and provide your employer’s contact information for billing purposes.

You must give written notice to your employer within 30 days. Keep a copy of this notice for your records. If you have additional evidence, such as photos, maintain copies in your records. Follow the treatment plan provided by your workers’ compensation doctor to avoid claim denial.

Filing Deadlines for Workers’ Compensation Benefits

You must notify your employer within 30 days of the accident. Filing a Form 18 with the NCIC often meets this requirement. The statute of limitations for workers’ compensation claims is two years. Without a Form 18 on file with the NCIC within this period, you lose your right to benefits.

What to Do If Denied Workers’ Compensation Benefits

If your claim is denied, don’t panic. Denial doesn’t mean you won’t receive benefits. You have several appeal options, but the time to act is limited. Contacting an attorney promptly is crucial.

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 Statesville, you cannot be fired for filing a workers’ compensation claim or in retaliation. However, you can be terminated for legitimate reasons while receiving benefits. If your injury led to a layoff, you might be eligible to reinstate temporary total or partial disability benefits.

Can You Sue if You Accept Workers’ Compensation?

Generally, you cannot sue your employer while receiving workers’ compensation benefits. However, you might have grounds to sue a third party responsible for your injuries. For example, if you were in a car accident while working, you could file a lawsuit against the driver responsible.

Does Workers’ Compensation Always Offer a Settlement?

Receiving benefits doesn’t guarantee a settlement offer. Not all cases in Statesville settle, and you cannot force the workers’ compensation insurance carrier to settle. Depending on your situation, it might be better to keep your case open. Sometimes, the insurance company may offer a lump sum to close your case, which means you cannot seek additional money or benefits in the future if problems arise.

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

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

Do You Have To Prove Employer Negligence in Statesville?

No, you do not need to prove employer or co-worker negligence. Even if your negligence contributed to your injury, it doesn’t count against you. The workers’ compensation system is a no-fault program to ensure you receive benefits for on-the-job injuries or illnesses.

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

Contact Our Workers’ Compensation Attorneys in Statesville, NC

If you have questions about filing a workers’ compensation claim, contact the Statesville workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. today. With years of experience in North Carolina workers’ compensation cases, we have helped many clients secure the benefits and settlements they deserve. To learn how we can assist 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) 328-0898
Toll Free: (800) 351-3008

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