What Does a Charlotte Workers’ Comp Attorney Do?

Due to the intricacies involved, it can be difficult for an injured employee to navigate the workers’ compensation system. Many injured employees ask, “What does a Charlotte workers’ comp attorney do?” An attorney for injured workers essentially acts as a strong advocate for employees injured on the job, helping them pursue the benefits they are entitled to under North Carolina workers’ compensation laws.

Knowing the role of a Charlotte workers’ comp attorney can help a victim navigate a workers’ compensation claim with more clarity and confidence.

Understanding Workers’ Compensation Claims in North Carolina

Employees who are hurt on the job or become ill from workplace conditions are entitled to file for workers’ compensation benefits. These benefits help cover the costs of recovery. In Charlotte, as in the rest of North Carolina, workers’ compensation law can be tricky, full of intricate and sometimes obscure statutes and regulations, not to mention procedural rules.

This is where a workers’ comp lawyer comes in. Attorneys are well-versed in North Carolina’s workers’ compensation laws, so they can help their clients navigate the entire process, from filing to approval

Initial Consultation and Case Evaluation

The initial consultation with the injured worker is usually one of the most important steps in a workers’ compensation case. Among other duties, the attorney can look at the facts of the case, such as what injury happened and what medical treatment has been provided.

This is your attorney’s chance to assess the claim. They can determine whether it has merit and, if so, what benefits are likely available to the worker. This information also provides workers with an idea of what they can expect from workers’ compensation going forward.

Gathering Evidence and Documentation

A great deal of what a workers’ comp lawyer does is collect and organize the evidence and records needed for the claim, including medical records, incident reports, and witness statements.

To prove the case and demonstrate that the condition or injury was work-related, it is imperative that the right documentation is brought together. A skilled attorney knows how to compile this information effectively, making sure nothing is overlooked.

Navigating the Claims Process

Once this documentation is in order, the attorney can then draft and file the workers’ compensation claim on behalf of the injured worker. The claim is filed with the North Carolina Industrial Commission.

The claims process can be confusing and intimidating, and simple mistakes can result in the denial of a worker’s claim. An experienced workers’ compensation attorney knows how to avoid these delaying tactics and make sure their client’s claim is handled properly.

Negotiating With Insurance Companies in North Carolina

Workers’ compensation claims require you to negotiate with an insurance company, which may want to minimize your benefits. An experienced attorney knows the tricks that are commonly used by insurance companies and can counteract them during negotiations. In these situations, hiring an attorney to represent you with your workers’ compensation claim offers you a better chance of effectively negotiating with an insurance company adjuster.

Representing Clients at Hearings

In some instances, there may be substantial disputes regarding workers’ compensation that require a formal hearing or appeals. If a claim is denied or there is a dispute about the amount of benefits owed, then a workers’ comp attorney can represent an injured worker at these hearings. Such an attorney has detailed knowledge of workers’ compensation law, which can enable them to present a strong case to the judge or hearing officer.

Providing Ongoing Support and Guidance

A workers’ compensation attorney’s clients in Charlotte can receive consistent representation and advice from that attorney throughout the duration of their cases. Victims of workplace injuries can rely on them to explain their legal rights, keep them apprised of case updates, and address any concerns they may have.

When dealing with legal matters, having this kind of advocacy is crucial, especially for individuals who may not know much about the workers’ compensation process. When wounded employees have someone fighting for their rights, it helps take pressure off them so they can concentrate on getting well.

FAQs

Q: What Types of Injuries Are Covered by Workers’ Compensation in Charlotte?

A: Workers’ compensation claims in Charlotte cover:

• Slip and falls
• Back injuries
• Carpal tunnel
• Burns
• Cuts
• Electrical injuries
• Injuries caused by lifting
• Psychological conditions
• Hernias
• Occupational injuries and diseases
• Diseases caused by workplace toxins

In general, if you were injured at work or while performing work activities, then you should be covered by workers’ compensation.

Q: How Long Do I Have to File a Workers’ Compensation Claim in North Carolina?

A: Injured workers in North Carolina have two years from the date of their injury or occupational illness to file a claim for workers’ compensation benefits. This deadline is strictly enforced. If a claim is filed late, the injured worker risks losing the right to benefits. Therefore, filing the claim as soon as possible is essential. That way, medical bills and lost wages can be taken care of, and the injured worker can concentrate on getting healthy.

Q: What Should I Do If My Claim Is Denied?

A: After a workers’ compensation claim denial, you need to learn the rationale behind the decision and collect evidence to back up your claim. A notice of appeal must be filed with the North Carolina Industrial Commission to exercise your right to review the decision. You can improve your odds of winning by consulting a workers’ compensation attorney. They can guide you through the appeals process and all its intricacies.

Q: How Are Workers’ Compensation Benefits Calculated in North Carolina?

A: In North Carolina, workers’ compensation benefits depend on a worker’s average weekly wage (AWW) and the nature and extent of their disability. All states, including North Carolina, set out specific calculations for:

• Survivors’ benefits
• Disability benefits (both temporary total disability and permanent partial disability)
• Medical expenses
• Permanency benefits

The amounts vary and follow the guidelines set by state law.

Contact a North Carolina Workers’ Compensation Attorney

When navigating the workers’ compensation process, injured workers in Charlotte can greatly benefit from the assistance of a knowledgeable North Carolina workers’ compensation attorney. Through the initial consultation, assessment, and collection of evidence, an attorney can build your case. By negotiating with recalcitrant insurers and accompanying clients at hearings, workers’ compensation attorneys can guide the way and provide fierce advocacy.

If you’re dealing with workers’ compensation matters, contact Ayers, Whitlow & Dressler. Our hardworking lawyers can make sure you get what you deserve. Give us a call to set up your first consultation today.