Charlotte Workers Compensation Lawyer

Workers’ Compensation Lawyer Charlotte NC

Workers’ compensation is a unique insurance system that provides benefits to workers who sustain injuries on the job. The benefits paid for by employers’ insurance companies help employees pay for their work injury-related medical bills and stay afloat financially until they can return to work. The application process can be complicated, so workers should speak with a Charlotte workers’ compensation lawyer to ensure they do not accidentally thwart their rights to benefits.

 

Are you a worker who has been injured or become ill due to their work and are in need of help from a Charlotte, NC workers’ compensation lawyer to represent your case? If so, you may be entitled to compensation for your injury or illness. However, filing a workers’ compensation claim can be complicated and difficult to navigate on your own. To ensure that you receive the benefits you deserve, it is important to have a lawyer to help you understand the process and represent your interests. Learn how a lawyer can help you with your claim, and then contact an experienced lawyer today at Ted A Greve & Associates for help.

Workers’ Compensation

Workers’ compensation is a system of insurance that provides compensation to employees who are injured or become ill due to their job. This system is designed to protect employers from legal action, while providing employees with medical care, income, and other benefits for work-related injuries and illnesses. In the United States, workers’ compensation laws vary by state, but most require employers to have coverage in place and provide benefits to eligible workers. Generally, workers’ compensation covers medical bills, lost wages, rehabilitation, and other related costs. It also provides death benefits to the surviving family members of workers who die on the job. It also includes provisions for vocational rehabilitation services, which help workers return to work after an injury or illness, as well as disability payments for workers who are unable to work. In addition, some states offer special programs and benefits for disabled workers. 

Qualifying For Benefits

The most important eligibility requirement is that the injury or illness must have been sustained while performing work-related duties. This means that the incident occurred at the workplace, during a business-related trip, or during any other activity related to your employment. Additionally, you must prove that the injury or illness was caused by negligence on the part of your employer or another party. For example, if you were injured due to a defective piece of equipment, you may have a valid claim. A Charlotte workers’ compensation lawyer from Ted A Greve & Associates can help prove your claim.

The Claims Process

Your Charlotte, NC workers’ compensation lawyer from Ted A Greve & Associates can explain to you that the first step is to report the injury to your employer within 30 days of the incident. Your employer will then file a report with the North Carolina Industrial Commission. This is the agency that administers and oversees workers’ compensation claims in North Carolina. Your employer will also provide you with a Notice of Eligibility form, which outlines the eligibility requirements for workers’ compensation.

Once you receive this form, you should fill it out and return it to your employer as soon as possible. If your claim is accepted, you will then be eligible to receive medical treatment and wage replacement payments while you are recovering.

When filing a workers’ compensation claim, it’s essential to provide all the required information accurately and on time. This can include medical records, documents from your employer, and other necessary documents. Once all of the necessary paperwork has been submitted, the Industrial Commission will review your claim and make a decision as to whether or not you are eligible for benefits. If they decide that you are eligible, they will send you an award letter that outlines the details of your benefit payments. If they decide that you are not eligible, they will send you a denial letter outlining the reasons why your claim was denied. 

Below, we provide a brief summary of some of the key aspects of workers’ compensation in North Carolina. For legal help in the Charlotte area, call the personal injury attorneys of Ted A. Greve & Associates, P.A., and request a free work injury case evaluation at (844) 387-8677.

How Does the Workers’ Compensation System Work?

Workers’ compensation was put into place to provide certain protections for both employers and employees. Prior to the Industrial Revolution and workplace reform, if a worker was hurt on the job, they were pretty much out of luck. There were no benefits to lean on if a worker became disabled and there was no guarantee of medical care. Employers would just quickly find a replacement worker and move on.

Charlotte Workers Compensation Law Infographic
Thankfully, federal and state laws now offer much-needed protection for employees. Workers’ compensation functions as a financial safety net so that if ever you sustain injuries at work, you will have guaranteed, albeit temporary support.

The way the system works is fairly straightforward. You sustain injuries on the job or develop an occupational illness, file a claim, and receive benefits until you are able to return to work. And fault does not come into play when it comes to workers’ compensation claims. This no-fault system means that even if you are to blame for the accident and accidentally injure yourself, you can still retain your rights to benefits.

Employers also benefit because, under workers’ compensation laws, employees cannot sue their employers for most work-related injuries. It is a trade-off:

• You essentially trade your right to sue in exchange for certain guaranteed benefits.
• Employers are legally bound to pay employee benefits, but in return, they enjoy limited liability because employees cannot sue them.

Types of Job Injuries that Qualify for Workers’ Comp Benefits in NC

According to the Bureau of Labor Statistics (BLS), 1,157,410 employees sustained a work injury serious enough to miss days at work in 2014. Workers had to miss work an average of nine days because of their injury, a substantial amount of downtime, the BLS reports.

So do all of these injuries qualify workers for benefits? In the majority of cases, yes. Workers compensation laws provide that all types of injuries that employees sustain during the scope and in the course of their employment are compensable under workers’ compensation. The same goes for illnesses that workers develop as a result of work conditions. If you develop cancer because of exposure to asbestos, for instance, your condition should qualify you for benefits.

It is important to note that your injuries do not have to result from a sudden, one-time accident in order to be covered. Some conditions take time to manifest and yet, so long as they are work-related, they are still compensable. Exacerbations of old injuries can qualify you, as can repetitive motion and overuse injuries.
About one-third of all injuries that workers sustain on the job are musculoskeletal injuries, according to the BLS. Many of these injuries involve sprains, strains, and tears. Other examples of types of injuries that workers compensation covers include:

• Slips, trips, and falls
• Bodily reaction (when employees react to a situation and sustain injuries as a result, such as trying to catch yourself from falling only to pull down a bookshelf on top of yourself)
• Overuse/repetitive strain injuries like carpal tunnel syndrome
• Being caught in between two objects
• Falling objects
• Shocks and electrocution
• Work-related auto accidents
• Fires, explosions, and other burn incidents
• Collapsed buildings and structures
• Exposure to toxic chemicals and substances
• Acts of violence, including attacks from outside perpetrators, customers, and coworkers
• Machinery and tools

What Types of Benefits Does Workman’s Compensation Provide?

Each state determines its own specific laws regarding workers’ compensation. In North Carolina, workers have access to four types of benefits:

Medical Benefits

Your employer’s insurer should pay all of your reasonable and necessary medical bills related to your work injury or disease. This includes those for emergency care, surgeries, hospital expenses, nursing care, rehabilitative services, prescriptions, and medical care-related transportation.

Disability Payments

You will also be entitled to weekly wage replacement benefits if you have to take time off work. Benefits will be calculated at two-thirds of your average pre-injury weekly wages. You do not qualify for income benefits unless you miss more than seven days of work. Your first seven days are only compensable if you miss more than 21 days.

Also, your weekly income check cannot exceed the state’s maximum, which, in 2016, is $944/week. The North Carolina Industrial Commission (NCIC) adjusts the maximum weekly rate changes yearly.

There are actually several distinct types of income benefits available under workers’ compensation, each pertaining to each different kind of situation. These include temporary partial disability (TPD), temporary total disability (TTD), permanent partial disability (PPD), and total permanent disability (TPD). Your caseworker or Charlotte workers’ comp lawyer can explain in greater detail what types of benefits you have access to. Workers’ compensation does not negate your ability to receive social security disability (SSDI) so be sure to ask your Charlotte workers’ compensation lawyer if you qualify.

Vocational Rehabilitation

If are not able to return to your old job or you are earning less than 75 percent of your prior income because of your injury, you have access to vocational rehabilitation services, too.

In G.S. § 97-32.2(d), NC laws provide that vocational rehabilitation services can include “vocational assessment, vocational exploration, sheltered workshop or community-supported employment training, counseling, job analysis, job modification, job development and placement, labor market survey, vocational or psychometric testing, analysis of transferable skills, work adjustment counseling, job-seeking skills training, on‑the‑job training, or training or education through the North Carolina community college or university systems.”

Death Benefits

When employees die as a result of a work accident or illness, their families are entitled to wrongful death benefits. These include two-thirds of the deceased’s pre-injury average weekly wages for 500 weeks, as well as funeral expenses up to $10,000.

What are Common Challenges to Workers’ Compensation Claims?

If you are getting ready to file or are in the midst of a workers’ compensation case, be aware that there is a good chance you will run into hurdles along the way. It is not uncommon for workers to come across challenges in the process or find that their employers have denied their claims. In some cases, the denials are justified. For instance, if an employee’s injuries resulted from drug or alcohol intoxication, horseplay on the job, or were purposefully self-inflicted, then he is not entitled to benefits.
Other times, denials result from inadvertent mistakes on the employee’s part. Some of the most common ways employees thwart their rights to benefits are by overstepping the time limits on notifying their employer of their injury, not having enough proof to show the injury was work-related, making errors on forms, and not following through with their treatments.

Workers’ comp insurers are not immune to mistakes, either. While many insurance companies handle claims ethically, they also tend to carefully scrutinize and routinely challenge claims, screening for ways to deny them or reduce the payouts. They are, after all, a for-profit business and need to be mindful of their bottom line. Below are some of the ways the insurer may challenge your claim.

• They may say your injury is fabricated or exaggerated.
• They may say your injury was pre-existing.
• The insurer may say that your injury or illness is not work-related.
• They may say that you are capable of returning to work, even when you do not think you are.
• They may say you are an independent contractor (which would make you ineligible for workers’ compensation), even if you meet the legal definition of employee.

Can a Workers Comp Lawyer Help Me if My Employer Denies My Benefits?

If your employer denies your claim, the first thing you will need to do is consult with a workers’ compensation lawyer in Charlotte for help, if you have not done so already. You do not want to risk losing your rights to benefits simply because you are not familiar with legal protocols. Employees fair far better when they are represented by counsel. Your workers’ comp lawyer can help you appeal the claim and use the opportunity to fight for the benefits you deserve.
You can then appeal your denial with the NCIC. There are three levels of appeals for North Carolina workers compensation claims:

Level One

If your employer denies your initial claim for benefits, you can request a mediation conference with the NCIC. To make the request, you will have to submit Form 33, Request for Hearing to the NCIC within two years after the date of your injury.

Mediation is a way of settling claims, sans the costly litigation expenses. An unbiased mediator will be present at the meeting, which both parties and their counsel attend. You will have a chance to present evidence to support your claim. At the end of the meeting, the mediator will offer a recommendation and try to facilitate an agreement.

Level Two

If you and your employer/insurer still cannot reach terms, you can request a formal hearing with the NCIC. This is much like a normal trial; an administrative law judge (ALJ) will hear your case, and both parties can present evidence and call witnesses. Again, your goal will be to attempt to justify your rights to benefits. The judge will provide a decision at the end of the hearing.

Level Three

If the ALJ denies your claim, you have one final option: a request a hearing with the North Carolina Court of Appeals. Your workers’ comp lawyer can explain if this is a good option for you, and help you navigate the process.

A Workers Comp Attorney Provides Assistance and Advice for Obtaining Job Injury Benefits

Your best resource for advice with workers comp claims is a law firm that specifically handles claims of this nature. A workers compensation lawyer can help with all aspects of the claims process, from initial claim to appeal, and ensure you get the full amount of benefits that you are entitled to.

A Charlotte workers compensation lawyer can work with the insurance company, help gather evidence to support your claim, check forms for accuracy and thoroughness, and appeal your claim if your employer’s insurer has denied it.

The Charlotte worker comp attorneys at Ted A. Greve & Associates, P.A. provide free consultations to injured workers and their families. We have over two decades of experience helping people in Charlotte get the benefits they need and deserve after serious work-related incidents, or personal injuries as a result of someone else’s negligence, or car accidents.  We would be happy to help you too.

If you have sustained a workers’ compensation accident, it would be best to seek immediate medical attention. Major hospitals and other medical facilities in Charlotte, North Carolina include:

• Carolinas Medical Center – 1000 Blythe Boulevard, Charlotte, NC 28203-5871 / (704) 355-2000
• Presbyterian Hospital – 200 Hawthorne Lane, Charlotte, NC 28204-2528 / (704) 384-4000

Frequently Asked Questions | Workers’ Compensation

If you have been injured at your job, you may want to contact a Charlotte, NC workers’ compensation lawyer. You may be entitled to compensation for your medical bills and lost wages. A lawyer from Ted A. Greve & Associates can help you file a timely claim and look out for your best interests.

Should you file a workers’ compensation claim or a personal injury suit? 

Workplace injuries can seem fairly typical. You may have been performing a work task when you suddenly slip and become injured or fall off a ladder. It may seem like some scenarios are pretty simple when it comes to determining whether you should file a claim for workers’ compensation. However, what if your accident seems more complicated than this? Perhaps you think that filing a personal injury suit would make more sense but if you have medical bills that are beginning to pile up you may just want to get a workers’ compensation claim over with. When you are on the fence about filing a workers’ compensation claim or a personal injury suit, it is best to speak with your lawyer. You want to know that you are making the best choice for your specific situation. 

What are the differences between workers’ compensation and filing a personal injury claim?

Workers’ compensation is a great way of getting compensation back when you need to take time off of work to heal and when you have medical bills you need to pay. Many workers’ compensation claims are easy to file and it does not take long to get an answer back regarding your claim. In more complicated issues or if your employer is denying that a workplace accident caused your injuries, working with a lawyer could be a huge benefit. 

When you get workers’ compensation benefits paid out, don’t expect any kind of large settlement. Instead, you will be facing monetary caps and you will likely have a certain time frame in which the compensation can be paid out. If you go through with a workers’ compensation claim, you are giving up your right to later sue your employer, even if your injuries turn out to be worse than they seem. 

If you believe that you are dealing with trauma or pain and suffering following a workplace accident, that the actions leading up to your accident were especially egregious, or that your medical needs will be so serious that you require more compensation than workers’ comp benefits allow, you should speak with your lawyer about whether workers’ compensation is the route right to go through at all. Instead, you may be better off filing a personal injury claim so that you can get compensation that more closely aligns with your needs. 

Further, if your injuries were sustained as a result of a third party causing an accident, you should speak with your lawyer about whether workers’ compensation will apply here. 

DIFFERENCES BETWEEN WORKERS’ COMPENSATION AND PERSONAL INJURY CLAIM INFOGRAPHIC

How Soon Should I Tell My Employer About My Accident?

If you have been injured in an accident at work, it is important to inform your employer as soon as possible. Too many workers make the mistake of waiting too long to tell their employer that they have been hurt. They may think that their injuries will get better. In North Carolina, you have to report a work injury within 90 days of the accident. If you don’t do this, you won’t be eligible to receive benefits anymore.

Can I Still Receive Benefits if the Accident Was Fault?

Many workers may worry that they won’t qualify for workers’ compensation benefits if the accident was their fault. However, you may be pleased to know that fault isn’t a factor considered in workers’ compensation cases. Therefore, if you got hurt in an accident because you weren’t paying attention to what you were doing, you can still receive benefits. On the other hand, if you get hurt while under the influence of drugs or alcohol, you won’t qualify for benefits anymore.

How Does a Workers’ Compensation Lawyer Get Paid?

This is a common question that injured workers have. Generally, a Charlotte, NC workers’ compensation lawyer gets paid a contingency fee. This means that a lawyer will take a percentage of your settlement at the end. You won’t have to worry about paying any upfront fees. If you do not win your case, you will not owe your lawyer money. When you first consult with a lawyer, ask what his or her contingency fee is.

Should I Still Seek Medical Care If I Feel Fine?

Yes. Not everyone may feel immediate symptoms after a work accident. However, that doesn’t mean that they aren’t injured. The adrenaline rush after an accident may mask pain. That’s why it’s so important to see a doctor right after a work accident. He or she can diagnose your injuries and advise on the proper treatment. Be honest about symptoms and don’t try to exaggerate. If you put off seeing a doctor, your injuries could get worse. It can also give a reason for your employer’s insurance company to deny your claim.  

Can I Get Fired for Filing a Workers’ Compensation Claim?

Unfortunately, some workers are reluctant to file a workers’ compensation claim because they think their boss will fire them. However, it is important to remember that it is within your right to file a workers’ compensation claim for a work injury. Employers are prohibited from terminating workers for filing for workers’ compensation. If your boss still tries to terminate you, contact your lawyer immediately.

Charlotte Workers’ Compensation Law Statistics

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• The average workers’ compensation claim costs $30,000.
• The most common types of workers’ compensation claims are injuries to the back, neck, and head.
• Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

How can Ted A. Greve the Charlotte Workers Compensation Attorney Help?

If you or someone you know lives in or around the Charlotte area, including, Cornelius, Monroe, or Davidson, and has been involved in a work-related on the job injury, or has gotten sick due to work conditions, call us and we will let you know if you have a claim or not. The attorneys at Ted A. Greve & Associates are offering a FREE consultation regarding your workers’ comp case. AND you will not be billed any fees UNLESS we win your case. So don’t hesitate to let us be your Charlotte workers’ compensation lawyer call us today at (844)387-8677 to get started.