How Does Workers’ Compensation Work in Charlotte, North Carolina?

The workers’ compensation system of the state serves two very important purposes. First, it provides financial security to injured workers, covering their medical expenses and providing economic relief when they are unable to work and earn income due to their workplace injuries. Second, it provides protection to employers from civil suits for employee injuries. As long as an employer maintains insurance coverage and complies with their legal duties to injured workers, they can continue operating with confidence.

If you or a loved one suffers an injury at work, it is vital to know not only how the workers’ compensation system functions but also the value of having legal counsel you can trust for this process. A Charlotte workers’ compensation lawyer is an invaluable asset to anyone in this situation. Your legal team can handle the procedural end of your recovery efforts and allow you to approach this potentially difficult process with peace of mind. They can also assist you with further legal recourse if you have additional recovery options available to you outside of the workers’ compensation process.

Filing Your Claim for Workers’ Compensation Benefits

When an injury occurs at work, the victim should notify their supervisor of the injury and seek medical treatment immediately. Once an employer becomes aware of a work injury, they must document the incident in a formal report. After the injured worker receives medical care for their injury, they can proceed with the workers’ compensation claim filing process, and the employer has certain legal duties they must fulfill for this process.

You can see any available doctor in an emergency, but you will likely need to undergo a medical examination from a physician approved by your employer’s insurance carrier. This physician will rate your disability based on the severity of your injury and the likelihood that you will experience any adverse long-term or permanent effects. Once you have a copy of the incident report and the medical report from the workers’ compensation physician, you can proceed with filing your claim for benefits.

This claim process is much like filing any other type of insurance claim. The insurance carrier will review the details of the claim to ensure the claim is legitimate, and once it approves the claim, it will send a determination of benefits to the claimant. Again, having an experienced attorney’s help with your claim will dramatically improve the quality of the overall experience and increase the likelihood that the insurer provides a fair and timely determination of benefits.

An experienced workers’ compensation attorney is a valuable asset for this process. You could encounter unexpected disputes with your employer and their insurance carrier, and you could also have additional opportunities for recovery that you may have overlooked yourself. The attorneys at Ayers, Whitlow & Dressler work closely with every client we represent, helping them maximize the compensation they secure through their workers’ compensation claims and related personal injury actions. Whatever your case entails, you can trust our team to guide you to a favorable outcome.

FAQs

Q: Can I Qualify for Workers’ Compensation in Charlotte if I Caused My Own Injury?

A: Yes, you can still qualify for workers’ compensation benefits in Charlotte if you caused your own injury. However, it must have been through simple negligence or an error made in good faith. For example, if you injured yourself because you were working under the influence of drugs or alcohol, intentionally violating a workplace safety rule, or engaging in horseplay at work, these factors might disqualify you from workers’ compensation benefits.

Q: What Medical Expenses Are Covered by Workers’ Compensation?

A: Workers’ compensation insurance will typically cover any medical care an injured worker needs to fully recover from a workplace injury. This includes immediate treatment like emergency room care and hospital bills, as well as any necessary ongoing rehabilitative care the victim needs. If you are unsure what treatments and medical services are covered, an experienced workers’ compensation attorney can review your employer’s policy to ensure you have access to the care you need.

Q: How Long Can You Stay on Workers’ Compensation in North Carolina?

A: When an injured worker qualifies for ongoing disability benefits, they can typically continue receiving these benefits for up to 500 weeks. Benefits are awarded on a case-by-case basis, and the amount a claimant receives with each payment and the number of payments they qualify to receive hinges on the overall severity of their injury. If a worker is permanently injured by a catastrophic injury, they could qualify for permanent disability benefits.

Q: How Long Does a Workers’ Compensation Case Take to Complete in Charlotte?

A: If you file your claim as soon as possible after your workplace injury and have an experienced attorney representing you, it should only take a few weeks to resolve the claim and start receiving your benefits. However, if you encounter any problems with your employer and their insurance carrier, it could extend your case’s timeline significantly. Your attorney can provide an estimate of how long it could take to finalize your claim.

Q: What Does It Cost to Hire a Workers’ Compensation Attorney in Charlotte?

A: You do not need to worry about legal expenses for your workers’ compensation case if you choose Ayers, Whitlow & Dressler to represent you. We take these cases on a contingency fee basis, so we only collect a fee from our clients after we win compensation on their behalf. The fee we take is a portion of the total case award. If we are unsuccessful in securing a settlement for your work injury, you will owe nothing; therefore, there is no financial risk to hiring our team to represent you.

The attorneys at Ayers, Whitlow & Dressler have helped many Charlotte clients navigate the workers’ compensation system. We understand how much stress you are likely to face in the aftermath of any injury at work, and our goal is to help you recover from your injury as fully as state law allows. If you’re ready to find out what our firm can do for your case, contact us today and schedule a consultation with a Charlotte workers’ compensation attorney.