Charlotte Workers Compensation Lawyer

Understanding Workers Compensation in Charlotte Can Make a Difference

Let’s explore the workers’ compensation system in Charlotte and what it means for you.  

Definition and Purpose of Workers’ Compensation

Workers’ compensation is a no-fault insurance system that helps employees who are injured or become ill because of their jobs. Most employers in North Carolina are required to provide this coverage to their employees. Workers’ comp pays for the employee’s necessary medical expenses, offsets a portion of lost wages, and provides certain other benefits, regardless of who caused the injury or illness. In exchange for providing this coverage, employers are largely protected from negligence-based lawsuits.

What Does Workers’ Compensation Cover in North Carolina?

Workers’ compensation in North Carolina covers an eligible employee’s:

• Medical costs to treat and rehabilitate the injury or illness
• Lost income at a rate of 66 2/3% of their pre-injury wages, subject to a state-set maximum
• Vocational training, if the employee’s injuries prevent them from returning to their previous position
• Long-term disability, if the employee is left with a permanent impairment

Guide to Filing a Workers’ Compensation Claim in Charlotte, NC

Hurt on the job? Here’s what you need to know about accessing the workers’ comp benefits you’re entitled to under the law.

Step-by-Step Guide to Filing Your Claim

As an employee, the North Carolina Industrial Commission advises you to:

• Notify your employer of your injury and get appropriate medical treatment promptly.
• Let your healthcare provider know that you suffered your injury on the job and tell them the name of your employer.
• Formally inform your supervisor or manager of your injury in writing
• Adhere to your treatment plan to the letter
• Follow up with your employer to ensure they have filed the necessary paperwork to process your claim

Employee Responsibilities in the Claim Process

As the injured employee, your primary responsibility during the workers’ compensation claims process is to inform your employer of your injuries and continue medical treatment. Your employer should handle most of the administrative process themselves. However, if your employer fails to file or process your claim, you may need to file the appropriate form (18 or 18B) with the Industrial Commission yourself.

Employer Responsibilities in the Workers’ Compensation Process

Your employer is responsible for reporting your injury or illness to its workers’ compensation insurance provider. If you have to miss work for more than one day or have medical expenses of more than $4,000, your employer must also file Form 19 with the Industrial Commission. They must also give you a copy of this form as well as a blank Form 18 to fill out.

Time Limits for Filing a Claim in North Carolina

North Carolina law requires that you notify your employer of your injury in writing within 30 days of suffering it. Failure to do so could jeopardize your right to coverage. You then have two years within which to file your claim with the Industrial Commission.

The Most Common Workplace Accident Injuries

Workplace accidents can lead to a wide range of injuries, some more common than others. Understanding these injuries can help you recognize potential risks in your workplace and take appropriate precautions.

• Slips, Trips, and Falls

Slips, trips, and falls are among the most common workplace accidents. These accidents can result in various injuries, from minor bruises to severe fractures. Employers should maintain a safe environment and address hazards promptly to prevent these incidents.

• Strains and Sprains

Muscle strains and sprains often occur due to overexertion, improper lifting, or repetitive motions. They can lead to chronic pain and limitations in mobility, impacting your ability to work.

• Cuts and Lacerations

Working with sharp tools or machinery can result in cuts and lacerations. Proper training, safety equipment, and workplace precautions can significantly reduce the risk of these injuries.

• Burns

Employees in certain industries, such as manufacturing and food service, are at risk of burn injuries. These can range from minor burns to severe, life-altering injuries.

• Fractures

Fractures are common in workplace accidents, especially in construction and manufacturing settings. They often require extensive medical treatment and rehabilitation.

• Head Injuries

Head injuries, including concussions and traumatic brain injuries, can occur in various work settings. Protective gear and safety protocols are crucial in preventing these injuries.

• Repetitive Stress Injuries

Repetitive stress injuries, such as carpal tunnel syndrome, can develop over time due to repeated motions. Workers in jobs that involve repetitive tasks should be aware of the risks and seek medical attention if symptoms arise.

Dealing With Issues in Workers’ Compensation Claims

In an ideal world, getting your workers’ compensation benefits would be as easy as notifying your employer and seeking treatment. Unfortunately, we don’t live in that world. Let’s explore some common issues regarding workers’ compensation claims and how you can respond to them.

Can Independent Contractors File for Workers’ Comp?

Independent contractors are not eligible for workers’ compensation. Only employees are covered by this type of insurance. However, some employers misclassify their workers as contractors in an attempt to reduce their tax burden or avoid paying for insurance. You might be an employee rather than a contractor if:

• Your employer controls what you do and when you do it
• Your employer provides you with benefits like vacation days
• The work you do for your employer is fundamental to its operations
• Your working relationship with the employer is open-ended rather than confined to a specific task or timeframe

If you suspect you have been misclassified, speak with a workers’ comp lawyer in Charlotte, NC, immediately.

What to Do If Your Employer Discourages You From Filing a Claim

You have the right to file a workers’ comp claim after an on-the-job accident or illness. If your employer discourages you from exercising this right, contact a Charlotte workers’ compensation lawyer for help demanding the compensation to which you’re entitled.

Common Reasons for Denial of a Workers’ Comp Claim and How to Appeal

There are many reasons an employer or its insurer might deny a claim—some legitimate, some less so. Common reasons for denial include:

• Late notice of injury or filing of paperwork
• Injury not work-related or did not happen on the job
• Employee was allegedly intoxicated or engaging in horseplay

You have the right to contest a denial to the Industrial Commission. A workers’ compensation attorney in Charlotte, NC, can help you present your appeal effectively.

The Role of a Charlotte Workers’ Compensation Lawyer

Workers’ compensation provides injured employees with an important safety net, but it can be a challenging system to navigate—especially if you’ve never been through it before. That’s where an experienced workers’ compensation lawyer in North Carolina can be especially helpful. While you focus on treating your injury and getting better, your lawyer can:

• Fill out and file your paperwork to initiate your claim
• Communicate with your employer’s insurer on your behalf
• Provide necessary documentation supporting your claim as needed
• Appeal a denial of benefits to the Industrial Commission
• Negotiate for a settlement once you reach maximum medical improvement (MMI) 

The outcome of your claim is crucial to your long-term health and well-being. Don’t make the mistake of entrusting it to just any attorney. Instead, turn to Ted A. Greve & Associates, P.A., for help. As a licensed doctor of chiropractic as well as a worker’s compensation attorney, Dr. Ted can leverage his understanding of medicine to support the legal aspects of your claim. Contact our offices today to get started with a free consultation with a workers’ compensation lawyer in Charlotte, NC, and let us help you claim the benefits you’re entitled to under the law.

Ted A. Greve & Associates, Charlotte Workers Compensation Lawyer

1201 North Tryon Street, Charlotte, NC 28206