How Do You Handle Job Injuries?

There is a risk of injury in virtually every workplace and industry, but how do you handle job injuries? The first steps you take after any injury at work can have significant consequences, and you must understand how workers’ compensation insurance works and what you can expect from filing a claim. Working with an experienced Concord on-the-job attorney can significantly improve your chances of reaching a positive outcome in your recovery efforts.

How to File a Workers’ Compensation Claim

Almost every employer in North Carolina is required by state law to have workers’ compensation insurance, and this insurance applies to almost every type of injury or illness a worker may develop in the workplace. Before you can file your worker’s compensation claim, you must determine whether the injury is actually work-related. This means you need to prove that the injury happened while you were performing your job duties.

It’s possible for a worker to suffer an acute traumatic injury from a specific accident or develop a repetitive stress injury or illness because of their work environment and daily stress on their body. Either case would qualify for workers’ compensation benefits in the state as both are work-related. It is also possible for a worker to cause their own injury and still qualify for workers’ compensation benefits, but there are exceptions to this.

If you caused your own injury because you ignored workplace safety rules, were working under the influence of drugs or alcohol, or engaged in horseplay at work, these issues could disqualify you from claiming workers’ compensation benefits. However, if you were working in good faith and caused your own injury through simple negligence or an honest mistake, you can still file your claim, and your fault will not have any bearing on the amount of benefits you receive.

You need to report your injury to your supervisor as quickly as possible. There is a 30-day reporting requirement, but it is generally ideal to report an injury immediately so as to not cast any doubt on the legitimacy of your claim. Once you report the injury, your supervisor must provide you with the materials you will need to submit your claim, and they are not allowed to interfere with the claim or prevent you from filing it.

After submitting your claim to the insurance company, they will review the details and then issue a determination of benefits. Generally, an injured worker in North Carolina can expect full medical expense coverage for all medical care needed for their work injury, along with disability benefits for the time they are unable to work in recovery. Disability benefits vary from case to case based on the claimant’s usual earnings and how long it takes for them to recover.

An experienced Concord on-the-job attorney can help their client navigate this process more easily and secure better results than they could likely manage on their own. Additionally, if you have legal counsel on your side, you will be prepared to confront any unexpected issues you encounter with your employer and/or their insurance carrier. The attorneys at Ayers, Whitlow & Dressler are prepared to provide the legal representation you need for your work injury case.

FAQs

Q: What Should Be Done First After an Injury in the Workplace?

A: The first thing that should be done after an injury in the workplace is for the injured victim to seek medical attention if they require emergency care; otherwise, they should report the injury to their supervisor and seek medical attention as quickly as possible. Reporting the injury is important; you technically have 30 days to report a work injury to qualify for workers’ compensation benefits, but it is preferable to report it as soon as it happens.

Q: Can I Sue My Employer for a Work Injury?

A: In North Carolina, you can only sue your employer for a work injury under certain conditions. If they do not have workers’ compensation insurance as required by law, then you may file a civil suit. If your boss forced you to do something outside your usual job duties that directly caused your injury, it could also form grounds for a civil claim. You may alternatively have grounds for a civil suit against a third party if anyone outside of your work caused your injury.

Q: What Is an Employer’s Responsibility When a Worker Is Injured?

A: When a worker is injured, it is the employer’s responsibility to facilitate the injured worker’s claim for workers’ compensation benefits. They are also required to formally record the injury in an incident report to which the injured employee may refer later. If the employer fails to uphold their responsibilities, interferes with the employee’s workers’ compensation claim, or wrongfully terminates the employee, they can face serious legal consequences for employer retaliation.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount you can receive in workers’ compensation benefits depends on the severity of your injury and how long it will likely take for you to fully recover. You can generally expect full medical expense coverage from your employer’s insurance carrier, along with ongoing disability benefits, until you are able to resume work at your previous earning capacity. A workers’ compensation attorney can assist you in securing a fair determination of benefits.

Q: How Much Will It Cost to Hire a Workers’ Compensation Attorney?

A: The cost to hire a workers’ compensation attorney depends on the attorney’s billing policy. Ayers, Whitlow & Dressler accept workers’ compensation cases on a contingency fee arrangement. This means our fee will only be a percentage of your final settlement, and we will take this fee if and when we win your case. There are no upfront legal fees and no fees at all if we cannot obtain compensation for you.

Ayers, Whitlow & Dressler, has successfully helped many injured workers throughout the state assert their rights as employees and recover workers’ compensation benefits for their injuries. If you were hurt at work and need help securing your benefits, we are ready to assist you. Contact us today and schedule your free case consultation with a team of attorneys you trust with your recovery.