Charlotte Workers Compensation Disputes Attorney
Accidents can happen at work at any time. When they do, it is vital that you take the necessary steps to protect yourself in the event that your attempts to file for workers’ compensation do not go the way you intended. It may be vital for you to reach out for legal assistance with your claim so you can settle any Charlotte workers’ compensation disputes with the help of an experienced Charlotte Workers Compensation Disputes Lawyer. After all, your goal is to receive your due benefits, which may be easier said than done.
North Carolina’s Workers’ Compensation Act provides a detailed look at the rights that workers have when it comes to receiving workers’ compensation benefits. Nearly every company in the state that employs more than three people is required to carry workers’ compensation insurance in the event that something happens to one of their employees during a workplace accident.
When a dispute arises, the process can get more complicated, and you may want to retain the services of a workers’ comp lawyer who can help you settle that dispute effectively.
Important Qualities You Should Look for in a Workers Compensation Lawyer
The legal team at Ayers, Whitlow & Dressler understands the kind of help you need and is prepared to help you receive your workers’ comp benefits. Applying for workers’ comp can be a simple task or a complex one, depending on your situation and how willing your employer is to provide you with the proper benefits. Having a well-rounded, experienced Charlotte Workers Compensation Disputes Lawyer can make all the difference.
Having someone on your side who understands how it all works can only help your case. It is vital that you seek proper legal representation for your case. Otherwise, you could risk losing your benefits or even your job as a result of your workplace accident. Here are some important traits that are wise to look for in a prospective workers’ compensation lawyer:
- Dependability. You will want a lawyer you can depend on and trust. That’s paramount to your case. A lawyer who is dedicated to your case and treats it with respect is someone who is going to go the extra mile for you when it really counts. The most dependable, trustworthy, and reliable workers’ comp attorneys will demonstrate their commitment to your case by their consistent presence and effort throughout the entire process.
- Experience. If possible, you will want to go with a workers’ comp lawyer who has years of experience handling various types of workers’ comp cases. That way, they can bring that vast experience to your case, apply various strategies that have worked in the past, and keep you informed of everything that will likely happen throughout the duration of your case. A good lawyer develops significant skill sets over an impressive career.An experienced Charlotte Workers Compensation Disputes Lawyer can prepare you for likely scenarios that may arise while they are handling your case. That can keep surprises at a minimum and provide you with the time you need to focus on your recovery during your time off. You can rest easy knowing your case is in experienced hands that you can trust to do things the right way.
- Success. It is vital that you choose a workers’ comp attorney with a track record of success, both in settlements and litigation. A good lawyer has experience negotiating cases out of the courtroom and arguing them in the courtroom. A good track record can often speak for itself, and success in the past can translate to success for you. When speaking with lawyers, you may want to ask about their success rate.You may want to ask them how many cases similar to yours they have handled in the past, as well as the outcomes of those cases. If the lawyer has an impressive history of handling cases like yours, they may be a good fit for your case.
- Ethics. It is important to your case and its outcome that you retain a lawyer with a strong moral center and consistent ethics. An unethical lawyer can be a serious detriment to your case’s success.When deciding on which lawyer to go with, take a look at any complaints that may have been made against them, as well as any past trouble they may have had with other clients or the law. You want your lawyer’s ethics to match your own, as they will be representing you.A corrupt moral center can speak to the lawyer’s poor judgment, and the last thing you want someone leading your case to have is poor judgment. Prioritizing ethical behavior and choosing someone with a history of integrity can only serve to help your case.
- Communication skills. Communication is key in any legal situation. You will want a lawyer who doesn’t have an issue relaying bad news to you when it needs to be shared. If your lawyer needs to argue your case in the presence of a judge, poor communication skills could seriously hurt your case.They should also be a good listener, as they will need to learn everything about your case from you. If everything you say goes unheard, it may be difficult to continue your case.
Common Workers Compensation Disputes in North Carolina
When you suffer a workplace accident and have to take time off because of your injuries, it should go without saying that workers’ comp benefits can be quite helpful in lieu of actual work time. Depending on your injuries, you may be unable to work for the foreseeable future. You may be counting on workers’ comp benefits to keep you afloat. When they’re denied, it can be disheartening and confusing.
A denial can come from many different places. Your employer or their insurance company could try and get in the way of your benefits to avoid paying out. When this happens, it is vital that you retain the services of an experienced Charlotte Workers Compensation Disputes Lawyer to assess your situation and work to resolve it as quickly as possible. Here are some common workers compensation disputes that arise:
- Status of your employment. Depending on your classification of employment in North Carolina, you may not automatically qualify for workers’ compensation benefits. For example, if you are classified as an independent contractor by your employer, you may not technically be an employee of their company. Thus, you may not qualify for workers’ compensation if something were to happen to you.You can refute this claim and try to get the benefits that you rightly deserve following your workplace accident. However, your employer’s insurance company may do whatever is in its power to fight back. Insurance companies largely do not want to pay you anything in the event of a dispute. An experienced workers compensation attorney can help you fight your classification and get you your benefits.
- Lack of cause. When your employer’s insurance company sends an adjuster to investigate your claim, they may decide that your accident has nothing to do with your job. If the adjuster fails to see a valid connection between your injury and the workplace accident that took place, your workers’ comp claim may be denied.In the event that an adjuster decides your injury and the accident are unconnected, you should speak with a workers compensation attorney to start building a case for your appeal. In addition, your lawyer may be able to recommend a number of medical professionals you could see who may be able to refute the adjuster’s conclusion with their informed medical opinion regarding your injuries and what caused them.
- Outside of work. If your injury occurred outside of your work hours, it may be denied as it may not have happened during your normal work hours. If you are injured during your lunch break, for instance, you may not qualify for workers’ compensation unless the injury happened as a result of you having to perform a work-related task during your break.In addition, your workers’ comp claim may be denied if the injury happened because you were high or intoxicated during work hours or if your injury is a result of your own misconduct, such as improperly using equipment during work hours and causing your own self-inflicted injuries.
- Pre-existing condition. One of the more common reasons that a workers’ comp claim may be disputed or denied is if the injured worker has a pre-existing condition. If your workplace accident caused an injury you already had to get worse, the employer’s insurance company may be able to argue that, technically, the workplace accident did not actually cause your injury. It simply worsened a pre-existing injury.If you and your lawyer can successfully argue that the workplace accident in question severely aggravated an injury that you believed had previously healed, you may be able to claim workers’ comp benefits after all. There is a chance that you may have some difficulty achieving success because of a pre-existing condition.
- Missed deadlines. Another fairly common reason that a workers’ compensation claim may be disputed is also one of the most infuriating. You missed the deadline to report your injury. Under state law, you have to notify your employer of your work-related injury and/or illness within 30 days of the actual accident. Missing that deadline means that you may forfeit your claim to any workers’ comp benefits.Failing to report your injury by the deadline does not automatically disqualify your claim. If the North Carolina Industrial Commission (NCIC) receives evidence that your injuries were never reported to your doctor or your employer intentionally held off on reporting the incident to the NCIC, they may be willing to waive the deadline. However, it is always recommended that you report your injury promptly to avoid the headache.
- Missing information. It is vital that when you report your injury to your employer, you report all of the significant information about the accident. If anything important is left out of your claim, the insurance company may deny it outright.
Make sure you comply with any investigation, provide medical documentation, be completely honest about how and why your accident happened, and retain legal counsel who can help walk you through the process.
An experienced workers compensation lawyer in Charlotte, NC will ensure that you do not leave anything important out of your claim. They can help you remember deadlines, work with you to build your claim, and remind you of every significant step of the process.
Reach Out to an Experienced Charlotte Workers Compensation Disputes Lawyer Today
A workplace accident can be a devastating, infuriating, and costly incident to have to go through, especially if you take on the burden of dealing with the fallout all on your own. Applying for workers’ compensation can be a difficult process to do by yourself. The added difficulty of dealing with your employer’s insurance company and worrying about the future of your job certainly won’t help ease your stress level.
That’s why it’s important to reach out to an experienced Charlotte workers compensation lawyer who can help you through the process and give you time to focus on recovering from your accident. You may have to adjust to a new normal you were not prepared for, and that can be its own source of serious stress. Let your lawyer handle the rest.
The experienced legal team at Ayers, Whitlow & Dressler recognizes your struggles and is prepared to help you deal with your workplace accident fallout. We can help you develop your case, gather the necessary evidence that helps you prove what happened, and represent your interests against your employer’s insurance company. It is important to surround yourself with influences that are going to be beneficial in your fight for the benefits that you are owed.
We can be there for you with consistent advice, help with paperwork, and quick, reliable assistance in a timely manner. After all, you may have a limited amount of time in which to act. Reach out now to schedule a consultation with a valued team member and learn more about how we can help you in this trying time.