Charlotte Workers Compensation Attorneys for Nurses

Charlotte Workers Compensation Lawyers for Nurses

Healthcare workers, such as nurses, work tirelessly to ensure that injured and ill people are taken care of and provided with the assistance they need for their recovery. However, nurses are only human, and accidents happen in the workplace. If you are injured in a workplace accident, it is vital that you take the proper steps to protect yourself in case you need to make a workers compensation claim. Charlotte workers compensation attorneys for nurses can help with your claim.

If a Business Has Three or More Employees, It Needs to Have a Workers Compensation Policy

Under the North Carolina Workers’ Compensation Act, nearly any company that employs at least three people must carry workers compensation insurance in the event that one of their employees suffers an accident in the workplace and must apply for workers compensation benefits.

Outside of farm workers, domestic workers, and some logging workers, every other employer in the state must carry workers compensation insurance. A good workers compensation lawyer can provide you with the legal help you need.

Healthcare Workers Are Often Injured While on Their Jobs

Hospitals are some of the biggest employers in the state. Despite being around injury and illness for the majority of their time, healthcare workers are not immune to those illnesses and are just as susceptible to injury as everyone else. In fact, according to a study from the Occupational Safety and Health Administration (OSHA), healthcare workers are three times more likely to experience a workplace injury than workers in other fields of work.

Common Workplace Injuries That Nurses Experience on the Job

Nurses have to stay vigilant at all times, not only for the sake of their patients but also for their own sake. Experiencing a workplace accident in a hospital or other healthcare facilities can cause chaos and could lead to other patients or workers getting injured as a side effect. Some workplace injuries that nurses deal with are fairly commonplace in their industry. Others are unique to medical facilities. Some of the more common injuries that a nurse might suffer are:

• Slips and falls: Slipping on a wet floor is a common injury among healthcare workers, as is bumping into patients or fast-moving coworkers. Unfortunately, spilled liquids of many different kinds are commonplace in a hospital. A bad fall could cause a nurse to have a serious injury, such as a spinal fracture, a traumatic brain injury, or a broken bone. An experienced workers’ comp lawyer can help you with your claim.
• Cuts and scrapes: The healthcare industry requires workers to move and act as fast as possible in some situations. Nurses handle sharp objects on a daily basis, including scalpels, saws, and needles.The frequent handling of these objects can lead to painful cuts, scrapes, and punctures that need to be addressed as quickly as possible. While getting cut by a sterile instrument can be painful and messy, getting cut or punctured by a used instrument can be deadly.If you are punctured by a used needle, you could contract an infectious disease of some kind, such as HIV, hepatitis B, or hepatitis C. It is vital that you get yourself checked out immediately following a potential puncture. An experienced Charlotte Workers Compensation Attorneys for Nurses can help you develop your case while you work on starting your recovery.
• Workplace violence: Many people experience terrible, life-changing news in hospitals. Patients and families alike may have to face the worst day of their lives at your workplace.Violence is unfortunately common in healthcare facilities, and nurses may often have to deal with physical assault from unstable patients who may also be drugged. For example, nurses in assisted living facilities may have to fight off Alzheimer’s patients who become frightened at random intervals.Physical violence is a recognized problem that counts as a workplace hazard and can lead to a workplace accident. Aside from growing familiar with certain patients and their reaction times, there is very little you can do to protect yourself from the possibility of workplace violence in a healthcare facility.
• Infectious disease: Nurses come into contact with deadly viruses and infectious diseases on a daily basis, and all it takes is the smallest exposure to infect you with one of many different illnesses.Exposure to airborne or bloodborne pathogens is not a rarity in healthcare facilities, especially during the COVID-19 pandemic. Depending on the illness that you get from your workplace, you could be dealing with it for the foreseeable future and thus may miss a great deal of work.
• Back injuries: Healthcare work requires a lot more heavy lifting than many people may have thought. Nurses have to lift unconscious patients, heavy equipment, and large boxes of medical supplies on a daily basis.In addition, their job requires them to spend long hours on their feet without any breaks, especially if there is a lot happening at once. Long hours standing with zero breaks coupled with consistent heavy lifting can lead to severe back injuries.
• Exposure to chemicals: Hospitals are home to any number of harmful chemicals that are needed to sterilize equipment, treat infections, and preserve specimens of contaminated tissues. Some of these chemicals can cause serious injuries and life-threatening illnesses to those who come into improper contact with them, including nurses. It is imperative that you protect yourself with gloves and a mask before handling these chemicals.If one of these chemicals gets on your skin, take the proper cleaning steps as soon as possible and have yourself checked out by a medical professional. An experienced Charlotte Workers Compensation Attorneys for Nurses can help you assess your situation and negotiate your claim if it comes to that.
• Burn injuries: Burn injuries can be some of the most traumatizing and physically painful experiences of your life. Healthcare workers are often at risk of suffering a burn injury from chemicals, hot liquids, electrical equipment, and overheated machinery.Burn injuries, depending on the severity, can lead to lifelong medical care, permanent disfigurement, and severe disabilities. It may also cause you to no longer be able to practice if your injury is severe enough.
• Mental exhaustion: There are few jobs in the world that are more physically and emotionally demanding than working in the healthcare industry. Nurses are required to be on constant call and work to keep people alive on a daily basis.That kind of work can take a toll on your mental health and lead to burnout in a high-stress environment. If you are feeling that your job is starting to affect your mental health, you need to address it before it leads to a breakdown.
• Overexertion: One of the most common causes of workplace injuries in healthcare workers is overexertion. Constant movement and lifting of heavy objects or patients can lead to overexertion of various muscles, joints, ligaments, and tendons. Repetitive motions can put a serious strain on your muscles, which can lead to strains, sprains, and other musculoskeletal injuries.
• Latex allergies: Constant exposure to latex can cause some healthcare workers to develop an allergic reaction to latex. The degree of this allergy can be different depending on the person developing it.

Latex can be present in rubber gloves, syringes, IV tubing, and various other medical supplies that healthcare workers come into contact with every day. If you’ve developed a latex allergy because of your job, you may be able to seek workers compensation benefits.

A Workers Compensation Lawyer Needs to Have a Number of Qualities to Do the Job Correctly

When you are in need of a good workers compensation lawyer to help you through the process of claiming your workers compensation benefits, you will want someone who exhibits a number of important, wholesome qualities that can help your case. At Ayers, Whitlow & Dressler, we are prepared to offer you the kind of legal assistance we know you are going to need throughout this process.

Applying for workers compensation benefits can be quite complex and difficult depending on your situation and how open your employer is to providing your benefits without pushback. Having an experienced workers compensation lawyer by your side can make all the difference when the time comes to start filing your claim. Having someone by your side who understands the ins and outs of workers’ comp laws in North Carolina can only help your case.

You Need Good Legal Counsel to Help You With All Aspects of Your Claim

It is paramount to your benefits that you retain proper legal representation for your situation. If you don’t consult a workers’ comp lawyer and your claim is denied, you could risk losing your benefits entirely or even your job if your employer is particularly worried about the optics of your injury. Here are some important qualities to look for in a workers compensation lawyer when the time comes to start filing your claim:

• A wealth of experience: If at all possible, you should hire a lawyer with a significant amount of experience in cases similar to yours. A lawyer with a history of taking on workers’ comp cases may be able to adapt past strategies and can keep you informed of everything that could happen in the aftermath of your injury. A good lawyer develops a substantial set of skills over an impressive career and applies those skills to your case.There are a number of potential scenarios that could happen while you are seeking your workers compensation benefits. You may want to consider hiring a lawyer who has experience dealing with these scenarios and can help keep surprises at bay. An experienced lawyer can provide you with peace of mind that your case is being handled by someone who knows what they’re doing.
• Someone dependable: Above all, your lawyer should be someone you can trust to deliver when the time comes. They should be dependable, trustworthy, and dedicated to your case. You’ll want someone who is going to go the extra mile for you when they need to. Developing your workers compensation case is going to take effort, consideration, and dependability, among other factors, and it is important that you prioritize these traits.
• Impressive track record. Your workers’ comp lawyer should have an impressive track record of past successes with cases similar to yours. You’ll want someone who has negotiated their fair share of settlements and argued a good amount in litigation victories. A good lawyer has experience with both kinds of victory, and your case may require both negotiation and litigation, depending on the details of the case.When seeking a lawyer, you may want to ask them about their recent successes and how they went about preparing some of those cases. An impressive track record can often speak for itself, and success with similar cases could bode well for yours.
• Moral compass: Strong ethics are important in most fields of work, and it is important that you retain a lawyer with a strong moral compass who can advise you about the right thing to do. An unethical lawyer can only harm your case, your reputation, and your relationships, as they will not only be representing your case but you as well. When seeking a lawyer, take a look at any complaints or grievances from past clients.You are going to want your lawyer’s values to match your own, and a corrupt moral compass shows the lawyer’s poor judgment. Poor judgment can sabotage your case from within. Focusing on someone ethical who you can trust to do the right thing can only serve your case for the better.
• Communication: Good communication skills can be a deciding factor when it comes to hiring a good workers’ comp lawyer. You are going to want a lawyer who isn’t afraid to tell you bad news when it needs to be said. In addition, you’ll want a lawyer who can make sure you keep up with important deadlines, file the correct paperwork, and share their opinions on your case’s trajectory.Your lawyer will be arguing your case in front of a judge. If they have poor communication skills, it can seriously hurt your case. Communication doesn’t just mean good speaking skills. It also means good listening skills. Your lawyer is going to learn everything they need to know about your case from you, and they will have to comprehend those details in a way that lets them fight on your behalf.

How to File for Workers Compensation

North Carolina’s Workers’ Compensation Act heavily favors the injured worker when it comes to applying for benefits. In order to qualify for benefits, you will need to prove that your injury happened during your work hours and was a direct result of your job-related duties. This applies to healthcare workers like nurses as well. Hospitals are considered employers that employ at least three people, so they are required to have workers’ comp insurance.

Since healthcare workers are exposed to a lot more dangerous situations than most other employees, there is a higher likelihood that they will suffer an injury, be infected with a pathogen, or have to miss work because of a stress-induced episode. During their recovery from any of these situations, they may qualify for workers’ comp insurance. Here is a brief look into how the process of applying for workers compensation benefits looks:

• Tell your employer: The first thing you should do when you are injured is tell your employer. They need to be kept in the loop from the start in order for everything to go as smoothly as it can. Even if your injuries are not that bad and you don’t feel you’ll have to miss work, you should still tell your employer that there was an accident. If your injuries are severe, you may want to have a friend or family member tell them for you.
• Seek medical attention: Once you’ve notified your employer about your accident, you should go see a doctor and get checked out. Even if your injuries are minimal, you should still see a doctor so you can establish a record of your recent medical history as a result of the accident. A written medical record can be vital to your workers’ comp claim when the time comes to start filing.There’s a chance that your employer’s insurance carrier may require you to see a doctor that they have already approved of. Whether you see your own doctor or one that your employer’s insurance carrier recommends, you should still inform that doctor of everything that’s happened and be sure to tell them the injury was work-related.
• Adhere to the treatment plan: Once your doctor diagnoses your injuries, they will provide you with a treatment plan that you should be sure to follow. Whatever your doctor tells you to do, do it. It can be tough to follow their advice, especially if you are going to miss work as a result of your doctor’s treatment plan. Your job might be your only dependable source of income, and missing it could cause an impact you haven’t prepared for.Regardless of the doctor’s plan, it is vital that you stick to it. Failure to stick to your treatment plan could be used as evidence by your employer’s insurance carrier that your injuries are not that serious and you clearly don’t require workers’ comp. When the time to file your claim comes, following your treatment plan can help your case.
• Written notice: In North Carolina, you have 30 days to notify your employer in writing that you have suffered an injury or illness as a result of a workplace incident. A written notice is required to file a workers’ comp benefits claim. If you fail to comply with this requirement, your workers’ comp claim may be denied, and you won’t receive any benefits.Even though you may have already notified your employer of your injury when it first happened, you should do it again just to be safe. That way, you know for sure that there is a definitive record of the accident and that your employer has a copy of it. Make sure you keep a copy for yourself as well.
• Time to file: Once you have notified your employer in writing, you can start filing your workers’ comp claim with the North Carolina Industrial Commission (NCIC). Once your employer has been notified, they will then give you a form to sign. Your employer should file that form with the NCIC on your behalf, but if they never do, you can do it yourself. A copy of the form is also sent to your employer’s insurance carrier.At this point, it is recommended that you retain the services of an experienced workers’ comp lawyer as soon as you can. A workers compensation lawyer can help make sure that everything goes smoothly from here on out. Not every employer is willing to help their employees file a workers’ comp claim. Some employers may feel that filing workers’ comp is some sort of personal betrayal or intended to make the company look bad.If your employer is standing in the way and preventing your workers’ comp claim from being filed, a workers’ comp lawyer can help things get back on track and ensure your claim does not slip through the cracks.
• Acknowledgment: Once your claim has made it to the NCIC and has been filed, the NCIC will reach out to acknowledge the claim. Your employer’s insurance carrier will take a look at it and respond in one of two ways. They will either approve your claim and start paying out your workers’ comp benefits, or they will deny the claim. A denial does not mean your fight is over. It simply moves you to the next phase of the process.
• Requesting a hearing: If your employer’s insurance carrier denies your claim, you can request a formal hearing with the deputy commissioner of the NCIC, who will oversee your case and make a decision themselves. At the hearing, your lawyer and the insurance carrier will both present their respective cases. Your lawyer will argue in favor of your benefits, and the insurance carrier will argue against your benefits.
• Mediation: Before going through the hearing, there is a likely chance that you and the insurance carrier will be ordered to sit through a mediation session with the hopes of resolving things and reaching a compromise in lieu of a hearing. If you wish, your workers’ comp attorney can represent your interests. This can be an opportunity to resolve things in a relatively informal way. If it fails, the next step is the hearing.
• Attending the hearing: If mediation fails, the final step is the hearing with a deputy commissioner of the NCIC. The hearing will look and feel a bit like a trial, but instead of a judge and jury, the Deputy Commissioner oversees the whole thing. While your lawyer will represent you and do what they can to state and plead your case, the deputy commissioner will have the final judgment.

Benefit Options in North Carolina

Not every workers’ comp benefits package is going to be the same. Depending on the severity of your injuries, the details of your accident, and everything that’s covered by your employer’s workers’ comp insurance carrier, you could end up receiving a substantial amount. Here are some of the possible benefits you could receive in your workers’ comp benefits package:

• Medical benefits: In the aftermath of a workplace accident, you may go and see your own doctor to be looked at for your injuries, or your employer may choose a doctor for you that is covered under their workers’ comp insurance plan. Regardless of which doctor sees you, be sure to save all of your medical bills. Your workers’ comp package could potentially reimburse all of your medical expenses as a result of your accident.
• Lost wages: Depending on the severity of your injuries, you could end up missing a significant amount of work. Your workers’ comp benefits could reimburse your lost wages for the entire duration of your healing process, depending on what is covered under your employer’s insurance carrier. If you require an extensive amount of time to heal or your injury is permanent, you will likely receive lost wages compensation.
• Vocational rehab benefits: The state allows a one-time vocational rehabilitation test for employees who may not be able to return to their old positions. Employers can have their vocational skills tested to see if they have any transferable skills that can let them move the employee to a different department once they are healed up enough to return to work. This test may be covered under your workers’ comp benefits.

Reach Out to a Charlotte Workers Compensation Attorneys for Nurses Today

Working in the healthcare industry in Charlotte, NC can be unpredictable, nauseating, and ultimately rewarding. However, it can open you up to many different kinds of accident possibilities, and it is important that you take the right steps to stay protected if you are injured at work. The legal team at Ayers, Whitlow & Dressler can provide you with the right kind of guidance for your case. Reach out to schedule a consultation with one of our team members today.