Many people working in every industry struggle with all types of medical conditions, and sometimes, these medical conditions can be aggravated by their job duties. Workers’ compensation exists to help workers in North Carolina recover from work-related injuries, but what if an employee has a pre-existing condition? A Charlotte pre-existing condition workers’ compensation lawyer is an invaluable resource for anyone in this situation.
Ayers, Whitlow & Dressler can provide compassionate legal representation for all types of work injury cases in Charlotte and surrounding areas of North Carolina. If you believe that your pre-existing condition has been made worse by performing your job duties, you are likely eligible to file a claim for benefits through your employer. However, it is likely that you will encounter various complications with this type of case.
Our team will work closely with you to help you meet the eligibility requirements for a workers’ compensation claim and navigate the filing process as efficiently as possible. We can explain the filing process and address any unexpected complications that arise with your employer or their insurance carrier. We can also help explore avenues of additional recovery, such as a third-party personal injury suit if anyone outside of your work caused your accident.
The purpose of workers’ compensation insurance is to protect both employers and their employees when workplace injuries happen. The employer is shielded from liability for the injured worker’s damages as long as they have proper coverage and the injured employee has an economic safety net and job security to help them recover. This insurance applies to most regular employees in every industry and can apply to any injury or illness suffered while working.
Pre-existing conditions can be aggravated by work in many ways. While many assume that workers’ compensation can only apply to an injury suffered directly because of one’s job duties, it isn’t necessarily true. If your pre-existing condition was aggravated by work, you are likely eligible to file a workers’ compensation claim. However, this case will be more difficult than a standard work injury claim, and disputes can arise in several ways.
Your employer or their insurance carrier may attempt to claim that they are not liable for a pre-existing condition, or they may seem to require an excessive amount of documentation to prove that your condition was aggravated by your job duties. They may also attempt to claim that you caused the aggravation yourself or try to avoid liability in other ways. The right Charlotte Pre-Existing Condition Workers’ Compensation Attorney can help you overcome any such issues you encounter.
Your Charlotte pre-existing condition workers’ compensation lawyer can help you build the foundation of your case. They will help gather any medical records and other documentation you need to file your claim, ensure that you are treated fairly by your employer and their insurance carrier, and provide ongoing support if you have grounds to pursue additional legal recourse if a third party is responsible for harming you.
Ayers, Whitlow & Dressler has the experience necessary to resolve the most challenging work injury cases. When you choose our firm to represent you, we will do everything we can to streamline your claim and maximize the benefits you receive. You have a relatively short time to pursue your recovery, so it is important that you reach out to our team quickly after any type of aggravation of a pre-existing condition from your work.
A: The amount you can receive in workers’ compensation benefits will depend on several factors. You can generally expect full medical expense coverage, but only for the additional aggravation that your work duties caused to your pre-existing condition. You can also receive disability benefits based on your remaining functional capacity and whether you are able to keep working while you recover. Your attorney can help you maximize your benefits.
A: A third-party personal injury suit is a civil claim separate from your workers’ compensation claim filed against a third party responsible for causing your injury. If anyone outside of your work is directly responsible for the injury you sustained, you can file a third-party personal injury suit against them to recover compensation for damages that workers’ compensation insurance will not cover, such as your pain and suffering.
A: The reporting requirement for workers’ compensation in North Carolina dictates how long an employee has to report their injury to their supervisor in order to qualify for a workers’ compensation claim. It is always advisable to report any work-related injury immediately, and this includes any situation in which work has aggravated a pre-existing condition. The time limit for reporting is 30 days, after which an employer can deny responsibility for the injury.
A: The time it may take to resolve a workers’ compensation case in Charlotte will depend on multiple factors. You could encounter disputes with your employer and/or their insurance carrier that could extend your case’s timeline, but generally, most of these claims can be resolved in a matter of weeks. However, claims involving aggravated pre-existing conditions are inherently more challenging and have greater room for disputes to arise.
A: You are likely to win more compensation if you hire a Charlotte pre-existing condition workers’ compensation lawyer than you would be likely to obtain if you tried to handle your case on your own. Your attorney can help you resolve unexpected disputes that arise with your claim and will ensure you receive a fair settlement offer. If you have grounds for a third-party suit, they can help you maximize your case award as efficiently as possible.
The attorneys at Ayers, Whitlow & Dressler have decades of experience helping injured workers in Charlotte and surrounding areas with all types of difficult work injury cases, including those that involve aggravated pre-existing conditions. If you believe your condition has worsened at work, contact us today to schedule a free consultation with a Charlotte pre-existing condition workers’ compensation lawyer to learn how we can help with your case.