Mooresville on the Job Injury Attorney

Mooresville Work Injury Attorney

Every day, thousands of people working throughout North Carolina sustain injuries on the job. Some of these injuries heal quickly and are treatable with basic first aid; others are more severe and require immediate emergency medical treatment. Whenever any work injury happens, it is possible for the incident to lead to a workers’ compensation claim.

Legal Representation for On-the-Job Injuries in Mooresville

State law requires most employers in the state to have workers’ compensation insurance. This insurance provides legal protection to employers, preventing injured workers from filing personal injury claims in response to their workplace injuries. Instead, workers’ compensation insurance will cover the cost of the medical care the injured worker requires and provide ongoing disability benefits for the time they are unable to work.

If you or a family member recently suffered any on-the-job injury in Mooresville, you should prepare to file a workers’ compensation claim. While similar to other insurance claims in many ways, there are key differences you must be prepared to address. Additionally, your employer will be involved in the process, and this may make things more difficult depending on whether the employer upholds their required responsibilities in good faith.

The attorneys at Ayers, Whitlow & Dressler have years of professional experience helping clients in Mooresville and throughout the state recover from their workplace injuries. We know how daunting it can be to face any large insurance company yourself, and you may have grounds for further legal recourse. When you hire our firm as your legal counsel after a work injury in Mooresville, you will have a dedicated legal advocate ready to assist you with any issues that arise throughout your recovery efforts, and we will do everything we can to streamline the process of securing the compensation you need to recover as fully as possible.

Benefits of Hiring a Mooresville Work Injury Attorney

It is possible to file your workers’ compensation claim without hiring an attorney, but this would likely be far more difficult than you might expect. The average person may not be prepared to address unethical handling of their claim from an insurance carrier, nor may they know what to do if an employer illegally retaliates against them after they report their desire to file a workers’ compensation claim. Additionally, even if the injured worker manages to succeed in filing their claim on their own, they could unintentionally settle for fewer benefits than they legally deserve, or they could overlook additional avenues of legal recourse available to them.

Instead of facing this complex claim process yourself, you can have an experienced Mooresville work injury attorney represent you, handling your legal affairs on your behalf so you can focus on your medical needs and your household. Our team can guide you through the claim filing process, address any interference from your employer and their insurance carrier, and verify that you receive an appropriate determination of benefits. If you have grounds for additional legal action, such as a personal injury claim against the third party liable for your work injury, you can rely on us for assistance with this as well.

Ultimately, you are not only more likely to secure a favorable result to your workers’ compensation claim with an attorney’s assistance but also more likely to maximize the results of any additional legal recourse you pursue in the aftermath of your injury. Our team provides legal representation with a client focus, so we’ll take time to get to know you and your situation to ensure we address the specific legal issues you face as you seek compensation for your on-the-job injury in Mooresville.

What to Expect From Your Employer After an On-the-Job Injury in Mooresville

Work injuries happen in many ways, and a work injury claim may pertain to an acute traumatic accident or a medical condition acquired from the employee’s work duties, work environment, and the repetitive stress they endure at work. If your injury or medical condition was a direct result of your job duties, you are likely eligible to file a claim for workers’ compensation benefits, and your employer must assist you with this process.

Your employer has various legal duties they must fulfill once they become aware of your work injury. First, they are required to create a formal incident report that explains how and why your injury happened. This incident report will be important to your workers’ compensation claim filing process. Second, they must provide you with all the materials you need to file your claim for benefits. Finally, they are not allowed to interfere with the claim filing process in any way, nor may they take retaliatory action against you in response to your claim.

Employers pay premiums to maintain their workers’ compensation insurance, and these premiums may increase if an employer has many workers filing claims within a short timeframe. Unfortunately, this will cause some employers to take adverse actions against injured workers rather than fulfilling their legal duties to these injured employees in good faith. Employer retaliation may take the form of termination, demotion, a hostile work environment, and other punitive actions.

An experienced Mooresville work injury attorney is the ideal asset to have on your side if you encounter any such issues with your employer. If your employer upholds their responsibilities and facilitates your claim in good faith, you could still face legal issues when it comes to dealing with their insurance carrier. Most insurance companies do everything they can to minimize claim payouts, but they will be less likely to attempt any bad faith tactics when they notice a claimant has legal representation.

How to File Your Workers’ Compensation Claim

If your employer meets their legal obligations and facilitates your claim, they will provide you with your claim forms and a list of local physicians you can visit for a medical examination. Most workers’ compensation insurance carriers will require an injured claimant to undergo a medical examination from a local doctor approved by the insurance carrier. The injured claimant can see any healthcare provider for any emergency treatment if necessary, but once they stabilize, they should expect to undergo a medical examination from a workers’ compensation physician.

This physician will rate the injured worker’s disability using a numerical indicator of the severity of the injury. This rating influences how much the claimant will receive in disability benefits. If the injured worker disputes the first doctor’s assessment, they have the right to seek a second opinion. Your Mooresville work injury attorney can help resolve any such issues that arise with your case.

After completing the medical examination and receiving your disability rating, you are ready to file your claim to your employer’s insurance carrier. The insurance company will want to investigate the claim, potentially contacting your employer and reviewing their incident report of how your injury occurred. Once they determine the claim is valid, they will deliver their determination of benefits.

How Are Benefits Awarded to Injured Workers in Mooresville?

North Carolina law allows workers’ compensation benefits to be awarded in different formats, and an injured claimant is likely to receive two sorts of compensation. First, they will receive full coverage of their medical expenses. The insurance carrier will pay for the medical care they need, both immediately following the injury and in the future. Your Mooresville work injury attorney can review your employer’s policy to ensure the treatments you need are covered. Second, the claimant will receive disability benefits based on the rating they received from the workers’ compensation physician.

When an injured worker cannot work at all while they recover, they are likely to qualify for total disability benefits. These are paid at a rate of two-thirds of the claimant’s average weekly wage for the year prior to their injury and may be paid for up to 500 weeks. If the worker can still work after their injury but cannot earn as much income, the workers’ compensation insurance company may give them partial disability benefits to compensate them for the earnings difference. If an injured claimant qualifies for partial disability, they will need to regularly report their income to the workers’ comp insurance company. They must also keep the company informed about the progress of their recovery to keep their eligibility for benefits.

If a worker is permanently disabled from their on-the-job injury, they may qualify for permanent disability benefits. However, most workers’ compensation insurance carriers strive to avoid these long-term payment plans and may attempt to convince claimants to accept large lump sums instead. Your Mooresville work injury attorney can verify that the insurance company has delivered a fair and reasonable determination of benefits under the terms of your employer’s policy.

Can I File a Personal Injury Suit for an On-the-Job Injury in Mooresville?

Many injured workers wonder whether they have the right to file personal injury claims against their employers in response to their on-the-job injuries. In most cases, injured workers cannot sue their employers. North Carolina’s workers’ compensation laws provide a safety net to injured workers while also providing immunity to employers from civil suits. However, employers only have this immunity if they uphold their legal obligations to their injured workers and have appropriate insurance coverage.

If your employer does not have workers’ compensation insurance, or if they do not uphold their responsibilities in your claim process or caused your injury intentionally in any way, this can form grounds for a civil suit. Alternatively, if any party outside of your workplace caused the injury, this can form the basis of a third-party personal injury case. If any third party caused your work injury, you could proceed with filing a claim for workers’ compensation benefits because the injury occurred at work, but you could also file a civil suit against the at-fault party to recover compensation for damages not covered by workers’ compensation.

A successful workers’ compensation claim can yield compensation for your medical expenses and some of your lost income. If you have grounds for a personal injury suit as well, you could potentially hold the at-fault party accountable for lost income not covered by workers’ compensation and your pain and suffering. This can dramatically increase the total amount of your recovery, but you will need an experienced Mooresville work injury attorney to succeed with these recovery efforts.

How Can a Mooresville Work Injury Attorney Help Me?

Any injury on the job has the potential to be a life-changing experience and impose severe economic stress on the victim and their family. However, the workers’ compensation system is a valuable lifeline available to workers, and the right attorney can help take full advantage of the benefits available through your employer’s insurance. When you choose Ayers, Whitlow & Dressler to represent you in a work injury case, our firm can work closely with you through each phase of your recovery efforts. We can assist you in filing your claim and ensuring that your employer upholds all their legal duties. Then, when it comes time to file the claim to their insurance carrier, we can verify that the insurer processes your claim in good faith.

If you have grounds to pursue additional legal recourse, such as a third-party personal injury claim, our firm can assist you with this as well. Our goal in every work injury case we accept is maximum client recovery, and this may entail a personal injury claim against the specific party responsible for causing your injury.

Every work injury case is unique, and everyone injured on the job in Mooresville will face different challenges as they seek compensation and benefits for their injuries. Workers’ compensation is meant to be a lifeline, but it can often turn into a tremendous source of stress when employers and their insurance carriers do not meet their legal obligations to their injured workers. When you have Ayers, Whitlow & Dressler representing your case, you will be fully prepared to meet any legal challenges you encounter in your pursuit of the benefits you are legally owed. Contact us today and schedule a consultation with our team to learn more about the legal services we provide in Mooresville.