Charlotte Workers’ Compensation Lawyer

In North Carolina, workers’ compensation laws exist to protect workers’ rights and provide monetary benefits to cover medical expenses and wage loss for persons injured on the job. There are strict eligibility rules, and the claims process can be complicated. This shouldn’t be a deterrent to getting the compensation you deserve.

Learn how our Charlotte workers’ compensation attorneys can help you by calling (336) 724-2828 or sending an online message today.

What Does Workers’ Compensation Cover?

Generally, workers’ compensation covers expenses related to the injury you suffered and the wages you lost while you were not able to work. There are several types of workers’ compensation claims. 

These include:

• Temporary total disability (TTD)
• Temporary partial disability (TPD)
• Permanent partial disability (PPD)
• Total and permanent disability
• Medical treatment
• Death benefits

Depending on the type and severity of your injury, you may be eligible for additional benefits such as travel mileage reimbursement to medical appointments, vocational rehabilitation, and disfigurement compensation. 

What Are the Most Common Workplace Injuries?

While some workplaces may have more hazards than others, injuries can happen anywhere. Let’s look at some common workplace injuries.

• Slips, trips, and falls. Such accidents can result from losing footing on wet floors, uneven surfaces, or lack of proper signage. They can lead to broken bones, head trauma, scrapes and contusions, and other serious injuries.
• Falling from height. These injuries are more common in construction or industries involving elevated work areas or platforms. Such an accident can result in devastating injuries such as internal injuries and paralysis. 

If you suffer these or other injuries on the job, seeking guidance from a skilled Charlotte workers’ compensation attorney is crucial.

Are You Eligible to File a Workers’ Comp Claim in NC?

Regardless of whether your actions contributed to the workplace accident that caused your injury, you may be eligible for workers’ compensation benefits. 

Here are the general requirements that must be met to file a claim: 

• The injury occurred while you were working or during the course of your employment,
• The injury was because of the work you were doing or arise out of your employment,
• The injury was caused by an accident or specific incident, and
• Your employer must be required to carry workers’ compensation insurance under the North Carolina Workers’ Compensation Act. 

The experienced Charlotte workers’ compensation attorneys at our law firm understand the intricacies of North Carolina employment law and determine if you have a valid claim. Under North Carolina law, injured workers have two years to file a workers’ compensation claim from the date of injury. 

When to Hire a Charlotte Workers’ Compensation Lawyer

As a general rule, if you suffered only minor injuries such as a cut requiring a few stitches or a sprained wrist, your claim is probably not going to pose a lot of difficulties. 

This is also true in the following circumstances:

• You missed little or no work because of the injury,
• Your employer admits the injury happened at work, and
• You don’t have a pre-existing injury that could complicate the severity of what occurred. 

Even in these seemingly simple circumstances, you may want to consider consulting with an attorney to fully understand your workers’ compensation rights. 

Here are some situations where hiring an experienced workers’ compensation attorney is important to ensure you receive the benefits you are entitled to:

Employer Denies the Injury Occurred in the Workplace

Charlotte workers’ comp lawyers can assist in establishing a clear link between your injury and the workplace through an independent investigation of the accident. It is necessary to establish this link to be eligible to receive workers’ compensation benefits in North Carolina. 

You Have a Relevant Pre-Existing Medical Condition

Insurance companies will use any excuse not to pay you. If you have a known underlying health condition, the insurance company may try to claim your pre-existing condition is responsible for or contributed to your current injury or ailment. A pre-existing condition does not disqualify you from receiving workers’ compensation benefits. 

Benefits Are Denied or Delayed

You do not have to take no for an answer. A Charlotte, North Carolina workers’ compensation attorney can help navigate the appeals process and assist in gathering the necessary information to prove that you have a valid workplace injury claim and are deserving of benefits. 

You Might Have a Claim Against a Third Party

One of the reasons workers’ compensation exists is to reduce litigation against employers. But there are circumstances that require litigation for adequate results. This is especially true if a third party (not your employer) was liable for your injuries. For example, if you were injured because of a defective piece of equipment used at work, you may be able to file a lawsuit against the manufacturer. 

Awarded Benefits Do Not Cover Your Expenses and Lost Wages

The way workers’ comp benefits are calculated can be complicated. Experienced Charlotte workers’ compensation lawyers can help you determine what your claim is actually worth. Do not accept less than what you deserve. The team at EMP Law is more than happy to negotiate on your behalf and pursue other legal remedies if necessary. 

You Cannot Work for an Extended Period of Time

Not all injuries get better with time. If you have a permanent or long-term injury, you are likely to have extensive medical bills and lost wages. Securing reasonable long-term benefits can be a complicated process of providing expert opinions and medical care documentation. 

Disagreement Regarding Your Ability to Return to Work

To reduce or suspend your benefits, your employer or their insurance company may assert that you can return to work with modified duties. In some cases, this may be true, but if the severity of your injury makes this request unreasonable, you should have your circumstances reviewed by a Charlotte workers’ compensation lawyer who can provide evidence of the restrictions involved with your medical condition. 

Facing Retaliation for Filing a Claim

You have the right to file a workers’ comp claim for injuries sustained on the job. Retaliation is rarely obvious without an understanding of the situation. Employer behaviors such as demotions, reduction of hours, harassment, or even termination of employment, may be illegal. You have a right to fair treatment in the workplace.

Your Employer Does Not Have Workers’ Compensation Insurance

Generally, all North Carolina businesses with three or more employees must have workers’ comp insurance. There are some exceptions to this rule. An employer who fails to carry workers’ compensation insurance will face fines and potential penalties and can still be held liable for the injuries. If your employer fails to provide coverage, you should seek legal help to ensure you receive adequate compensation. 

How Long Do You Have to File a Workers’ Compensation Injury Claim?

North Carolina law requires employees to report a work-related injury to their employer within 30 days of the date of the accident. However, there are exceptions to this timeframe, especially in cases where the injury might not be immediately apparent or in situations involving some diseases or injuries that develop over time.

On the other hand, the statute of limitations to file a workers’ compensation injury claim is two years from the date of the injury or when the worker knew or should have reasonably known that the injury was related to their job. If you have questions about how much time you have left to file your claim, seek the help of a ​Charlotte workers’ comp lawyer as soon as possible. 

What Should I Do If I Am Injured on the Job in Charlotte?

If you’re injured on the job, taking swift action is crucial. The first step is to seek immediate medical attention. Not only does this ensure your health and safety, but it also creates an official record of your injuries. Next, be sure to notify your employer about the incident as soon as possible in writing to document the event and preserve your rights.

Make sure to follow your company’s protocols for reporting workplace injuries. It is also important to consult a Charlotte workers’ compensation lawyer before discussing the details of your injury or signing any documents, as they will be the best equipped to advise you of your rights and possible action plans.

Benefits of Hiring a Charlotte Workers’ Compensation Attorney

Whether you choose to seek legal counsel for your workers’ compensation case is up to you. Keep in mind that the process can be highly complex, especially for severe injuries or if dealing with difficult employers. 

Hiring a workers’ compensation attorney in Charlotte NC can offer reassurance that you are getting the compensation you deserve and allow you to focus on healing. If you have already filed a claim and you have concerns about the benefits you are being offered, consider letting an experienced legal professional provide advice and assistance.

Trust the Charlotte Workers Compensation Attorneys at EMP Law

If you have suffered a workplace injury and are searching for a workers’ compensation lawyer in Charlotte, contact the team at EMP Law today. We have years of experience and a successful track record helping clients in difficult circumstances, including workers’ compensation claims. We will be your advocate and guide throughout the process and will fight for the maximum amount of compensation you deserve. Call us at (336) 724-2828 to set up an initial consultation or fill out our online contact form to get started today.