Charlotte Workers’ Compensation Benefits Lawyer

If you are hurt while working in North Carolina, your employer’s workers’ compensation insurance will be an invaluable lifeline that can assist with your recovery. Our Charlotte Workers Compensation Benefits Lawyer provide the legal representation you need to navigate the workers compensation claims process. Contact us! aim to help injured Carolina workers recover as swiftly as possible and to offset the economic effects of their injuries. However, securing these benefits can be challenging in even seemingly straightforward cases.

The team at Ayers, Whitlow & Dressler can provide the legal representation you need on your side to navigate the workers’ compensation claim filing process efficiently and successfully. In every case we accept, our goal is to help our client maximize their recovery and resolve any disputes raised against their claim. We can also help our client explore alternative avenues of recovery that may enable them to secure additional compensation for their damages.

Helping Clients Secure Workers’ Compensation Benefits in Charlotte, NC

Ayers, Whitlow & Dressler has extensive professional experience representing clients in Charlotte and surrounding communities of North Carolina in their workers’ compensation cases. While every injured worker must navigate a similar claim filing process to secure their workers’ compensation benefits in Charlotte, every case is unique, and each injured client will benefit from having legal counsel they can trust to advise them.

When you choose us to represent you in your case, you are investing in a dedicated legal advocate who can help you file your claim, resolve any disputes from your employer and/or their insurance carrier, and assist you in securing the benefits you need to recover as much as possible from your injury at work. We can also help you file a separate civil suit if you have grounds to file such a claim, enhancing your total recovery.

The Difference With Our Firm

Our firm takes time to get to know each client. We know that no two cases are alike, and we develop an individualized strategy for each client we represent. We can listen to your story and examine the various ways your work injury has impacted your life. We can review the details of your employer’s insurance policy to ensure you receive a fair determination of benefits and guide you through the process of claiming workers’ compensation benefits in Charlotte, North Carolina.

Ultimately, while it is possible for you to file a workers’ compensation claim on your own without hiring legal counsel, you are significantly more likely to succeed in a timely manner if you have legal representation you trust on your side. You will also be better prepared to address any unexpected challenges you encounter as you seek workers’ compensation benefits in Charlotte. Our team is confident we can provide the assistance you need in this situation.

Determining Eligibility for Workers’ Compensation Benefits in Charlotte

There are two main points of consideration for every workers’ compensation claim in North Carolina when it comes to your eligibility to receive benefits: your employment status and the nature of your injury. North Carolina law requires almost all employers to have workers’ compensation insurance.

If your employer intentionally misclassified you as exempt from workers’ compensation coverage, it is vital to consult a Charlotte Workers’ Compensation Benefits attorney as quickly as possible. The other way your employer could potentially contest your claim is by asserting that your injury was not work-related or that you caused your injury yourself.

Remember that the location where your accident occurred does not necessarily matter to your claim. Many people work outside of offices or work in different locations, visit new job sites regularly, or travel for work. As long as you were performing work-related duties when your injury occurred, you likely qualify to file a workers’ compensation claim.

Determining Fault

Fault is not typically an issue for workers’ compensation claims, as workers’ compensation insurance in North Carolina operates on a no-fault basis. This means that an injured worker does not need to prove fault for their injury in order to qualify for benefits. It is even possible to qualify for benefits if you caused your injury but only under certain conditions. There are some situations in which an injured employee could disqualify themselves.

If your injury happened because of an honest mistake you made while performing your job duties in good faith, it should not disqualify you from workers’ compensation benefits in Charlotte. However, there are some situations in which your fault could influence your eligibility for benefits:

• If you engaged in horseplay while at work and suffered an injury, your employer may have a valid claim that your injury happened outside the scope of performing your job duties.
• If you were injured because you were working while under the influence of alcohol or drugs and a drug test following your injury confirms this, the insurance company will likely deny your claim. You could also face disciplinary action from your employer.
• If you intentionally violated workplace safety regulations, such as refusing or failing to use appropriate safety equipment or performing operational checks for safety, you could be denied benefits.
• If you engaged in any illegal activity while you were supposed to be working and suffered an injury, it will likely result in disqualification from workers’ compensation benefits as well as criminal penalties.

These are just a few examples of how your fault may negatively impact your claim. If you have any reason to worry that your claim could be denied because you bear fault for the incident, your Charlotte Workers’ Compensation Benefits attorney can help you determine the optimal way to address any such issues. Additionally, they can also provide guidance if any other party bears direct fault for your injury, which could open the door to additional legal recourse.

A Step-By-Step Guide to Filing a Claim for Workers’ Comp in Charlotte, North Carolina

Your health is important. For a higher likelihood of seeking workers’ compensation in Charlotte, it’s important to follow these steps:

• Report your injury to your employer as soon as possible and within 30 days of the incident, in writing and orally
• Seek medical care and follow your workplace instructions regarding where you should get treatment
• Prepare an appropriate form, usually North Carolina Industrial Commission Form 18
• File your Form as a workers’ compensation claim with the North Carolina Industrial Commission or the NCIC, which is a North Carolina agency for workers’ comp claims servicing. The North Carolina Industrial Commission ensures everyone is treated fairly under North Carolina state law.
• Stay informed about the status of your claim by calling the NCIC about your claim
• Attend mediation or a workers’ comp hearing if your claim becomes disputed
• Follow all applicable deadlines in order to help avoid a preventable denial of benefits

The North Carolina statute of limitations is two years from the date of an injury for filing a claim with the NCIC. If you don’t get the full benefits you expected or if your claim is denied, you can appeal, but you’ll need to attend mandatory mediation with a neutral third party. Consult a Charlotte workers’ compensation lawyer before mediation so they can help you throughout the process and secure a positive outcome for your claim.

An experienced Charlotte Workers’ Compensation Benefits Lawyer can discuss these basic steps for claim filing and answer any questions you might have about the process.

Filing Your Claim for Workers’ Compensation Benefits in Charlotte

Workers’ compensation insurance functions similarly to most other types of insurance, with a few important exceptions. Primarily, the claimant faces the added layer of complexity presented by their employer’s role in the claim filing process. This shouldn’t present a problem as long as the employer fulfills their legal obligations in good faith and facilitates the claim appropriately. However, it is possible to encounter issues with an employer and/or their insurance carrier.

The injured worker will likely be required to see a workers’ compensation physician who will assess the severity of their condition. This doctor must be approved by the employer’s insurance company. The injured worker can see any available doctor if they need immediate emergency care, but they will need to undergo a formal evaluation from a workers’ compensation physician before they will be able to file their claim.

This physician will assign the injured worker a disability rating, which is a numerical value indicating the severity of their injury and the scope of long-term harm they will likely endure. This rating will be strongly considered by the insurance company in the claimant’s benefit determination, dictating how much they can receive and for how long their benefit payments can continue.

Getting a Second Opinion

If you disagree with the workers’ compensation physician’s assessment, your attorney can help you arrange for a second opinion from a different physician. If any disputes are raised as to whether your injury resulted from your job duties or you aggravated a preexisting condition, your attorney can also help you address any such discrepancies that arise so your claim can be fairly considered by the insurance company.

Medical Expense Coverage From Workers’ Compensation Insurance

If your workers’ compensation claim is approved, your employer’s insurance company will cover all medical treatment costs related to your injury. This includes both immediate healthcare expenses as well as future medical treatment costs if your injury requires ongoing care. Workers’ compensation insurance typically covers a much wider range of treatments than the average claimant may initially expect.

If any type of medical care related to your injury is denied coverage, your Charlotte Workers’ Compensation Benefits Lawyer can help you resolve the situation. This may come down to a discrepancy in how certain treatments and therapies are coded for billing, or the insurance company may require you to undergo an alternative treatment. However, in most cases, injured claimants are able to have all of their medical expenses related to their work injuries covered by workers’ compensation insurance.

Disability Benefits for Wage Replacement

Workers’ compensation benefits in Charlotte can also help an injured worker offset the economic impact of their inability to work during recovery. Workers’ compensation insurance provides disability benefits when an injury prevents a worker from performing their job duties at full earning capacity or if it prevents them from working at all due to the severity of their injury.

When a claimant is still able to work, but their earning power has been diminished by their injury, they may qualify for partial disability benefits. These benefits aim to offset their reduced earning capacity if they can only handle lower-paying work or light duty and cannot earn as much while they recover. They will need to report their weekly earnings to the insurance company to continue receiving these payments.

Alternatively, if the claimant cannot work at all due to the severity of their injury, the insurance company may issue total disability benefits. The amount the claimant receives each week will amount to roughly two-thirds of their average weekly wage, calculated by reviewing their year of earnings prior to when their injury occurred. These benefits can continue until they are able to resume work.

Permanent Disability Benefits

If an injured worker suffered permanent catastrophic harm from a workplace injury, they may qualify for permanent disability benefits. It is also possible for such an individual to seek benefits through Social Security. If you are unsure whether you have grounds to seek compensation outside of your employer’s workers’ compensation insurance policy, it is important to consult an experienced attorney as quickly as possible.

Additional Benefits Provided By Workers’ Compensation Insurance in Charlotte

Workers’ compensation benefits in Charlotte may potentially provide more than just medical expense coverage and disability benefits. Every policy is different, but many insurers will also cover the cost of new job training or vocational rehabilitation for some claimants. If a work injury is severe enough or causes permanent harm that prevents the claimant from returning to their previous position, these benefits could come into play.

Vocational rehabilitation can help an injured worker remain with their employer in a new position if one is available. If your condition is serious enough that you cannot return to your previous job but retain enough functional capacity to start a new job, your lawyer can see if vocational rehabilitation could be included in your workers’ compensation benefits in Charlotte.

Does Workers’ Compensation Insurance Pay for Pain and Suffering?

Workers’ compensation insurance will not cover pain and suffering compensation in North Carolina, even if the claimant suffered a catastrophic and life-changing injury. An experienced Charlotte Personal Injury attorney can help them maximize the benefits they obtain through their employer’s insurance, but pain and suffering compensation can only be claimed with a personal injury suit.

Workers’ compensation insurance typically provides limited immunity to a covered employer, meaning an injured worker cannot sue their employer for a workplace injury in most cases. There are some exceptions to this, however. For example, if the employer intentionally caused the injury in some way or if they forced the employee to perform a task outside their usual responsibilities that had virtual certainty to result in injury, it could form grounds for a civil suit.

Personal Injury Claims

It is also possible for an injured worker in North Carolina to file a personal injury claim against a third party. If any party outside of your work directly caused your injury because of negligence or illegal misconduct, it can form the foundation of a third-party personal injury suit. Success with this claim could yield compensation for damages that workers’ compensation may not cover, such as your pain and suffering.

In North Carolina, state law does not limit pain and suffering compensation in most personal injury cases. This means that if you have grounds to file a third-party claim outside of the workers’ compensation claim filing process, you could potentially secure a substantial case award from the defendant who caused your injury. The right Charlotte Workers’ Compensation Benefits attorney can help you make a compelling case that aims for maximum pain and suffering compensation.

Employer Responsibilities for Workers’ Compensation Claims in Charlotte

In North Carolina, an employer has responsibilities once an employee reports a workers’ compensation claim. An employer must report the claim for an injury or occupational disease to its workers’ compensation insurance carrier immediately. They must also provide any necessary medical care for the employee.

They must also give their employee an NCIC Form 18 to start their claim and also file an NCIC Form 19 under certain circumstances and give a copy of the form to their employee.

Preparing to Appeal a Workers’ Compensation Benefits Decision

If you disagree with a benefits decision, it’s important to understand the reason your claim was denied. You may want to consult an experienced Charlotte Workers’ Compensation Benefits Lawyer who can discuss the denial and help you prepare an appeal of the decision.

In order to appeal a benefits decision in North Carolina, you can prepare and file an NCIC Form 33 as soon as you get the denial paperwork to ask that your claim be assigned for a hearing. The hearings are held before several people who act as judges. If you are unsuccessful with your denial appeal, you can file an NCIC Form 44 within 15 days after the decision was filed to have three judges review your application.

If they render an unsatisfactory decision, you can request an appeal of the three-judge panel’s decision if necessary, by filing an appeal with the North Carolina Court of Appeals. An attorney familiar with workers’ compensation claims denials can assist throughout the entire appeals process, especially with help filing with the North Carolina Court of Appeals. Ayers, Whitlow & Dressler has helped prior clients with denial appeals and can help with your specific case.

Filing a Third-Party Personal Injury Claim in Charlotte

Workers’ compensation benefits in Charlotte may be essential for your recovery, but they may not fully compensate you for the entire scope of the losses you suffered from your accident at work. While you may not have grounds for a personal injury suit against your employer except under specific conditions, you can file a third-party suit if anyone outside of your work directly caused your injury.

A third-party personal injury suit targets the party who directly caused your work injury through negligence or illegal misconduct. This third party could be a contractor, vendor employee, or even a client, customer, or someone entirely unrelated to your company’s operations. Ultimately, any third party who bears fault for your damages could be the defendant in your third-party personal injury suit.

While fault may not play a role in your workers’ compensation claim, it will be a central issue in a personal injury suit. Under North Carolina law, a plaintiff in a personal injury case must prove that a defendant is entirely at fault for the damages in order for them to secure compensation for their resulting damages. Under the pure contributory negligence rule, the defendant must be entirely responsible for the harm done to the plaintiff.

Your successful workers’ compensation claim may yield full coverage of your medical expenses but only partial coverage of the income you are unable to earn because of your injury. You could cite the remainder of your missing income as economic damages in your personal injury claim, and you can also seek compensation for pain and suffering, which workers’ compensation insurance does not cover.

Remember that while you typically cannot file a personal injury suit against your employer, it only applies if they have the required workers’ compensation insurance coverage. It is also possible to file a claim against your employer if your injury occurred due to their failure to address a known safety issue, their failure to provide necessary safety equipment, or their failure to adhere to industry-specific safety regulations.

Maximizing Your Workers’ Compensation Benefits in Charlotte

Whether you have grounds to pursue a third-party personal injury suit or must rely solely on workers’ compensation benefits in Charlotte to recover from your work injury, it is important to have legal counsel you trust on your side to ensure the greatest chances of success with the legal efforts you attempt after your injury at work.

Ayers, Whitlow & Dressler has years of proven experience handling all types of work injury claims for clients in Charlotte and surrounding areas of North Carolina. We approach every case we accept with the goal of helping our client maximize their benefits and reducing the time it takes for them to receive their benefits.

One of the most crucial aspects of your workers’ compensation case when it comes to maximizing the benefits you receive is to file a cohesive, complete, and accurate claim at the start. This means meeting your reporting deadline and filing the claim within the appropriate statute of limitations. Your attorney can ensure your claim includes all necessary supporting documentation so the insurance company can process it quickly.

The Importance of Legal Help

Having a Charlotte Workers’ Compensation Benefits Lawyer on your side will mean you are prepared to face any unexpected disputes that may arise over your claim. If your employer contests your claim, your attorney can help you address this problem by proving your eligibility for workers’ compensation benefits and/or gathering the evidence needed to prove that your claimed injury is, in fact, work-related.

If the insurance company mishandles your claim, delivers an unfair settlement offer, or denies your claim, your attorney can help you resolve these issues as well. Our team has years of experience taking on insurance carriers on our clients’ behalf in North Carolina, so we know the tactics insurers may use in attempts to avoid paying fair settlements to injured claimants.

Even if you manage to succeed in securing maximum workers’ compensation benefits in Charlotte, you may have grounds for legal action that can enhance your recovery by a substantial margin. If this applies to your case, your attorney can help you prepare a separate civil suit and identify all the various forms of compensation you could claim with this legal action. You’re more likely to succeed with their assistance.

Find Trustworthy Legal Counsel in Charlotte – Contact Ayers, Whitlow & Dressler Today

The right attorney can have a tremendous positive impact on the outcome of your workers’ compensation case and assist you in securing a fair determination of benefits much faster than you could likely manage on your own. While the aftermath of a work injury in Charlotte may be confusing and stressful, it is important to remember the value of having legal counsel you trust on your side and to reach out to our team as soon as you can.

Once you secure our law firm’s representation, we can immediately investigate the details of how your injury happened, determine whether any party or parties bear direct fault for the accident, and begin helping you build your workers’ compensation claim. If you have any available channels of alternative legal recourse, we can explain these recovery options and help you build a cohesive legal strategy that aims for maximum recovery.

You have a relatively short time in which to pursue workers’ compensation benefits in Charlotte after an injury at work, so it is important that you connect to the right attorney as quickly as possible. Our team is ready to provide the guidance and support you need in this situation. Contact Ayers, Whitlow & Dressler today to schedule a free consultation with our team and learn how we can help you secure your workers’ compensation benefits in Charlotte.