Morganton On-the-Job Injury Attorney

Morganton On-The-Job Injury Lawyer

Thousands of people working in the Morganton area face safety risks at work every day. It’s important for all workers in all industries to realize that on-the-job injuries can happen at any time with little to no warning, even in seemingly safe work environments. When workplace injuries happen, victims need to know their legal options for recovering from these incidents.

Helping Morganton, NC, Clients Recover From On-the-Job Injuries

North Carolina enforces some of the most robust workers’ compensation laws in the country, requiring virtually every employer in the state to have workers’ compensation insurance. When an on-the-job injury happens in Morganton, the injured employee should report the incident to their supervisor, and the supervisor has a legal responsibility to document the injury in an incident report and to provide the victim with the materials they need to file their claim for workers’ compensation benefits.

If you or a family member experiences an on-the-job injury, it’s vital to know the value of legal counsel you can trust. While you are not legally required to hire an attorney to help you file your workers’ compensation claim, doing so can dramatically improve your chances of securing the compensation you legally deserve in the shortest timeframe possible. The attorneys at Ayers, Whitlow & Dressler have successfully assisted many past clients in recovering from their work injuries, and we can provide the comprehensive legal assistance you will need to secure the benefits you are legally owed under state law.

Common Types of Work Injuries in Morganton

Many people who sustain injuries in their workplaces wonder if they are able to claim workers’ compensation benefits. Under state law, an employee is eligible to file a claim as long as their injury happened while they were working. A few of the most commonly cited types of on-the-job injuries in Morganton include:

• Repetitive stress injuries. Many people are required to perform the same physical tasks each day at work, and over time this can cause wear and tear on the body. Some repetitive stress injuries can be treated, while others will require the affected worker to refrain from performing the same manual tasks.
• Falls account for most of the work-related injury claims reported in the state each year. Any fall has the potential to cause broken bones, traumatic brain injuries, and more.
• Injuries from equipment and machinery. When a worker is required to use specialized machinery or any type of heavy equipment, these devices often pose inherent risks of serious injuries if they are mishandled, poorly maintained, or if they malfunction.
• Acquired illnesses. Many people work in hazardous work environments or are required to come into contact with hazardous materials, some of which can cause serious adverse health conditions. Proving that a medical condition like cancer resulted from work can be challenging, but this type of medical issue is still covered by workers’ compensation if it directly resulted from the employee’s job duties.

No matter what type of on-the-job injury you suffered, you should report the issue to your supervisor immediately. They are required to document your injury in an incident report to which you may need to refer later. They should also provide you with a list of local physicians you can visit for your medical evaluation, which is an essential step in most workers’ compensation claims.

A workers’ compensation physician will examine an injured worker to determine the severity of their on-the-job injury. They will then assign them a disability rating that indicates the overall severity of the injury and whether they face long-term or permanent damage from it. The higher the rating, the more the claimant can receive in benefits.

Benefits Available for On-the-Job Injuries in Morganton

The purpose of workers’ compensation is to protect both employers and employees when workplace injuries happen. For employers, workers’ compensation insurance prevents an employer from facing civil liability for an injured worker’s damages. As long as they maintain their insurance coverage and do not engage in any retaliatory actions against claims filed in good faith, they do not face responsibility for injured workers’ damages. For injured workers, this insurance provides two types of valuable compensation to help them recover.

First, an injured worker can usually expect their employer’s insurance carrier to cover the cost of all the medical care they require to fully heal from their injury. This will include immediate healthcare expenses as well as the cost of ongoing rehabilitative care they may need to fully recover. Second, workers’ compensation provides disability benefits that offset the injured worker’s lost earning power in the form of weekly benefits.

Medical expense coverage is relatively straightforward, but disability benefits can fluctuate in many ways. Most benefits are paid in either total or partial designations. If an employee cannot work at all until they recover from their injury, they will receive total disability benefits each week. The rate is typically two-thirds of their average weekly wage, and their payments can continue for up to 500 weeks. If the claimant is able to work but they cannot earn as much income as they did prior to their injury, they may receive partial disability benefits to make up the difference.

When an injured worker qualifies for partial disability benefits, they must report their earnings to the insurance carrier, and each payment amount is based on how much the claimant was able to earn compared to what they previously earned prior to their injury. Failure to report earnings could lead to disqualification from future benefits payments and other penalties.

Filing a Personal Injury Suit for an On-the-Job Injury in Morganton

As long as your employer has appropriate insurance coverage as required by law and they fulfill their legal obligations in handling your claim, you may not file a personal injury claim against them to recover your damages from an on-the-job injury. However, this does not apply if they do not have workers’ compensation insurance or if your supervisor or anyone else at your work caused your injury intentionally.

What’s more likely is for an injured worker to have grounds for a civil suit against a third party. If anyone outside of your workplace caused your injury, you could file a workers’ compensation claim because it happened while you were performing your job duties, but you would also have the right to pursue a third-party personal injury claim to seek compensation for damages that workers’ compensation insurance won’t cover.

A successful workers’ compensation claim should provide full coverage of your medical expenses and a portion of your lost income after an on-the-job injury. If you have the ability to file a third-party personal injury claim, you could recover the remainder of your lost income along with compensation for the pain and suffering you experienced. This could enhance your total recovery tremendously, especially if you suffered a permanently damaging on-the-job injury.

It is important to remember that while fault is typically not a major point of contention in a workers’ compensation case, and it is possible for an injured worker to claim workers’ compensation benefits for an injury they caused themselves, fault is a major factor in a personal injury case. North Carolina enforces the contributory negligence rule, meaning if a plaintiff bears any partial liability for their injury, they cannot claim compensation from a defendant. If you want to succeed with your third party personal injury claim, it is crucial to find an experienced attorney who can provide the comprehensive representation you need to navigate your case effectively.

What to Expect From Your Morganton Work Injury Attorney

Ultimately, an on-the-job injury can be a life-changing experience in many ways, from causing tremendous medical issues to the victim to imposing complex financial challenges on them and their family. Every work injury case is unique, and while the workers’ compensation laws may appear straightforward enough at first, any such case has the potential to evolve into a complex legal battle that the average person may not overcome on their own.

When you choose Ayers, Whitlow & Dressler to act as your legal counsel for an on-the-job injury case in Morganton, you are investing in years of professional experience and a responsive legal advocate who can answer questions, address concerns, and provide whatever support you may need throughout your proceedings.

Our firm takes time to learn each client’s story and address their individual needs throughout their recovery efforts. You could encounter problems with your employer, their insurance company, the party who directly caused your injury, or a combination of issues as you seek compensation for your damages. Whatever your case may entail, you can trust our firm to guide you to the results you hope to see. You have a limited time in which to initiate your recovery efforts after a work injury in Morganton, and the sooner you connect with a reliable attorney, the more time they will have to guide you through the difficult case ahead.

Contact Ayers, Whitlow & Dressler today to schedule a free consultation with a Morganton work injury attorney and learn more about the legal services we can offer to help you recover from an on-the-job injury.