Mooresville Workers Compensation Attorney

Mooresville Workers’ Compensation Lawyer

Workers’ compensation is a crucial component of North Carolina’s economy, providing legal protections to employers while also providing a financial safety net to injured workers, helping them offset the economic impact of a work injury. If you or a family member suffered any serious injury at work, it is vital to understand how workers’ compensation functions and what it can provide to your family during your recovery.

Experienced Legal Counsel for Workers’ Compensation Claims in Mooresville

Virtually every employer must have workers’ compensation insurance. State law does not cover independent contractors, domestic workers, or agricultural employment with fewer than ten employees, but almost every other private employer will be required to have workers’ compensation. If you are unsure whether you are covered by an employer’s policy, it is important to investigate, ensuring that if the employer is required to have this insurance that their policy meets the state’s coverage requirements.

The attorneys at Ayers, Whitlow & Dressler can provide the compassionate and responsive legal representation you need in the aftermath of a work-related injury in Mooresville. The workers’ compensation claim filing process is similar to how you would file any other type of insurance claim, but there are several unique variables that you may not know how to address yourself. When you hire our firm as your legal counsel, we can guide you through the workers’ compensation claim filing process and do everything we can to maximize your recovery.

Why Do I Need a Lawyer to File for Workers’ Compensation in Mooresville?

Filing your workers’ compensation claim by yourself is technically possible. There is no requirement to hire legal counsel, but do not assume that the filing process will be easy. You could face contention from not only your employer but also their insurance carrier. Even if you manage to succeed in filing your claim, there is no guarantee that the insurance carrier will handle the claim in good faith.

If your employer illegally retaliates against you for filing a claim, it is easy to feel overwhelmed and uncertain in this situation. While most employers facilitate injured workers’ claims in good faith, some do not, and whenever an employer fails to fulfill their legal duties to an employee, the employee has the right to file a retaliation claim and seek compensation for the adverse treatment they’ve experienced.

Ultimately, hiring an experienced Mooresville workers’ compensation attorney allows you to approach this difficult process with some peace of mind. Your attorney can help with each phase of the claim process, ultimately ensuring you receive fair treatment from your employer and their insurance carrier. When the workers’ compensation insurer delivers its determination of benefits, your legal team can verify that it is fair and reasonable under the terms of your employer’s policy. If you have grounds to pursue additional legal recourse, such as a third-party personal injury claim, you will be prepared to do so with your attorney’s representation.

How Are Workers’ Compensation Benefits Calculated?

One of the most important parts of the workers’ compensation claim filing process is the medical examination. Almost every injured worker will be required to undergo a medical examination conducted by a physician approved by their employer’s insurance carrier. Therefore, when you report your injury to your supervisor, they should provide you with the claim forms you will need and a list of nearby approved physicians you can visit for your examination.

The workers’ compensation doctor will rate your disability based on the severity of your injuries and the likelihood of long-term or permanent complications. This rating will weigh heavily in your determination of benefits from the workers’ compensation insurance company. Workers’ compensation generally covers any medical care an injured worker needs to reach maximum improvement from their injury, and their disability rating will determine how much they can receive in ongoing disability benefits.

Disability benefits can be paid in partial or total designations. A claimant can receive total disability benefits when they are completely unable to work until they recover from their injury. A claimant who qualifies for this level of benefits will receive roughly two-thirds of their average weekly wage in weekly disability benefits, and under North Carolina law, these benefit payments may continue for up to 500 weeks. A claimant will qualify for partial disability benefits if they can still work after their injury but cannot earn as much income.

If you qualify for partial disability benefits, you will be responsible for reporting your income to the insurance carrier to maintain eligibility. Once you recover fully enough to earn as much as you did prior to your injury, benefits will cease. Failure to report your income or attempting to continue collecting benefits after you are well enough to work could lead to criminal penalties for workers’ compensation fraud.

If your injury was catastrophic and left you permanently disabled, you may qualify for ongoing total disability benefits beyond the usual 500-week limit. Most insurance carriers will try to avoid such arrangements, often offering lump sum clincher offers to offset the need for ongoing payments. However, this is not guaranteed, and it is advisable to hire legal counsel you can trust to assist you with your claim if you believe that you qualify for permanent total disability benefits.

Can I File a Personal Injury Claim for a Work Injury in Mooresville?

The workers’ compensation laws generally prevent injured workers from filing civil claims against their employers for their workplace injuries. However, some exceptions to this rule exist. For example, if an employer does not have appropriate insurance coverage as required by law, then they have no insulation from a civil suit, and you could file a personal injury claim against your employer in this situation. Similarly, if your employer or a coworker caused the injury intentionally or if the injury occurred because of a flagrant workplace safety violation, these issues could also form grounds for a civil suit.

It is more likely that you could have grounds to file a third-party personal injury claim. If any party outside of your work caused your injury, you would be eligible for both a workers’ compensation claim and a personal injury suit against the liable party. While workers’ compensation can cover your medical expenses and a portion of your lost income, your personal injury claim can potentially enable you to recover compensation for all damages not covered by workers’ compensation insurance.

If you are unsure whether you have grounds for a third-party personal injury suit, it is imperative to speak with a Mooresville workers’ compensation attorney as soon as possible to discuss your options for legal recourse. You have a limited time in which to file your workers’ compensation claim, and if you have grounds for an additional civil suit, you will face a time limit for this case as well. The more time your attorney has to work on your case, the more likely you will be to maximize your final recovery.

What to Expect From Your Mooresville Workers’ Compensation Attorney

Hiring legal counsel that you can trust can make every aspect of your recovery efforts following a workplace injury easier to handle and more likely to generate the results you hope to see. The attorneys at Ayers, Whitlow & Dressler approach every workers’ compensation case we accept entirely focused on the client. As a result, we can listen to your story, determine your most viable recovery options, and help determine the optimal path to recovering the compensation you legally deserve.

Our firm has years of experience helping clients in Mooresville and throughout the state with all types of work injury cases. We know how local workers’ compensation insurance carriers handle these claims and the tactics they may employ to try to avoid paying a fair settlement for your injury. If you have grounds for additional legal recourse with a personal injury case, we can help with this as well.

If you are concerned about the potential cost of legal representation when you are already facing economic strain from inability to work, this is no cause for alarm when you choose Ayers, Whitlow & Dressler as your legal representatives. We take work injury claims on a contingency fee basis. This means you are not required to pay upfront or ongoing attorneys’ fees to our team. Instead, we take a portion of the total compensation we secure on your behalf, but only if and when we win your case. There is no fee if we are unable to secure compensation for your work injury.

Ultimately, every injured worker in Mooresville faces different challenges as they seek compensation for the losses they have suffered. The workers’ compensation claim filing process can be intimidating in many ways, and the average person will need reliable legal counsel to guide them through the difficult proceedings ahead of them. Whatever your case entails, our firm is ready to provide the legal counsel you can trust so you can approach the process with confidence. Contact us today and schedule your case review with a Mooresville workers’ compensation attorney, and our team can explain the various legal services we can provide.