Salisbury On the Job Injury Attorney

Salisbury On the Job Injury Lawyer

At your job, you should feel confident that proper safety measures and protocols are in place and being observed. Sometimes, though, mistakes and accidents do happen, and on-the-job injuries occur. Employees who suffer these injuries are left with significant costs and impacts on their lives. To better your chances of receiving adequate compensation for these injuries, it can be helpful to work with a Salisbury on-the-job injury attorney like Ayers, Whitlow & Dressler.

These costs associated with workplace injuries are the responsibility of those liable for them, meaning the injured workers’ employers or other parties. Often, though, it’s the insurance companies you will have to deal with to get the restitution that you’re owed. This can be difficult and could potentially even require legal force to be brought against them.

Experienced attorneys can help you stand up to insurance companies that act in bad faith. At Ayers, Whitlow & Dressler, we work hard to represent our clients and exercise every opportunity available to get them the compensation that they deserve.

Potentially Liable Parties for an On-the-Job Injury

When someone gets hurt at work, the default assumption is that their employer is liable and responsible for compensation. More often than not, this is the case, but there are frequent circumstances when it is actually some other third party that may be properly liable.

What’s important is that it must be the negligence of that party that led to the injury that you suffered. The potentially liable party also plays a role in determining what kind of method is necessary for seeking proper compensation. Some of the potentially liable parties include:

• Your Employer – In most cases, a workplace injury is going to be the responsibility of your employer. This is true even if the injury was your fault, so long as it occurred in the course of doing your job and wasn’t the result of something like horseplay, the effects of drugs, alcohol, or intentional harm, then it will most likely be their responsibility unless there was clear negligence on the part of another party.
• Another Business Entity – In many cases, particularly with something like construction, there are multiple businesses involved, as different work is subcontracted out to other companies. There are some circumstances where someone from these other companies acts negligently and creates a danger that leads to a worker’s injury. If that occurs, it may be the other party that is responsible for the injury.
• Equipment Manufacturer – Many different jobs require the use of various equipment to accomplish the tasks and roles of the job. There are some circumstances when there is a defect in the equipment that can create a dangerous situation that leads to an injury. As long as the equipment was being used properly and was maintained according to the manufacturer’s recommendations, then it could be that manufacturer who is liable for your injuries.
• Another Third Party – Any third party who can be shown to have acted negligently and, as a result of that negligence, directly caused your injury could potentially be liable for the costs you incur as a result of that injury. Part of what a Salisbury on-the-job injury lawyer will do is investigate the circumstances of your injury to understand who may be liable.

Workers’ Compensation Claims

If your employer is responsible for your injury, then it is almost certain that the proper procedure for seeking compensation will be a workers’ compensation claim. For this to be the case, though, there are some basic qualifications that must be met.

To receive workers’ compensation, you must be a qualified employee. This means a couple of different things. First, it means that you work for an employer who is required to carry workers’ compensation insurance. In North Carolina, this is usually any employer who has three or more employees working for them.

Under some circumstances, there may be a higher or lower threshold for the requirement, and in other situations, there are full exemptions from being required to carry the insurance.

However, in most cases, including both those involving private entities and those involving governmental ones, it is the three-employee threshold that sets the requirement for carrying workers’ compensation insurance. Second, to be a qualified employee, you must be an employee of the company or governmental entity and not be an independent contractor, which would make you exempt.

Your injury must also fit the proper qualifications to be covered. It must be an injury that is the responsibility of your employer. This typically applies to almost all injuries that happen at work, although not typically to those involved in your commute to and from work. It also must not have occurred due to drug or alcohol use on your part, been intentionally caused by you, or the result of horseplay. It must be an injury that generally occurred within the normal course of your work.

If those things can be established, workers’ compensation is required to cover things like all the medical bills associated with your injury, wage compensation, and vocational rehabilitation if necessary.

The wage compensation is not your typical full wages but rather usually two-thirds of your average weekly wage, subject to maximums. The wage compensation is tax-free, though, which should mean something relatively close to your normal take-home pay. It should be noted, though, that workers’ compensation does not cover something like pain and suffering.

Personal Injury Claims

In cases where there is a third party that is to blame for your injuries, it’s possible that a personal injury claim may be the right way to seek restitution for your injuries. In a personal injury claim, it’s important to establish negligence on the part of the party that caused your injuries.

This is shown by demonstrating that they had a responsibility to be careful about how their behavior affected others, how they failed to fulfill that responsibility, and how that failure led directly to the injuries that you suffered. In other words, your lawyer will need to show how their failure to do what was reasonably expected of them led to an accident, and you suffered an injury as a direct result of that accident.

Once that negligence is shown, you can collect damages for the costs that are a direct result of your injury. This includes things like medical bills, lost wages, future medical costs, and psychological costs, such as mental anguish and pain and suffering. It is worth noting, though, that in North Carolina, if you can be shown to bear any fault at all for your injury, then it is possible that you may receive no damages whatsoever.

What an On-the-Job Injury Lawyer Can Do for You

Much about an on-the-job injury can be confusing, right down to the issue of who is at fault for the injury. A lawyer, though, can help simplify things, clear up the confusion, help you pursue what you’re owed, and even represent you when needed.

An on-the-job lawyer will often investigate the circumstances around your injury to understand where potential liability may exist. In considering the whole of the accident, they can also help an injured worker understand whether or not they will have to file a workers’ compensation claim or if a personal injury claim may be an option. They can also help give you an understanding of the kind of compensation award that would be in line with the injuries that you’ve suffered.

A lawyer can also represent you as needed throughout the process, whether that be in negotiations with the insurance companies, in workers’ compensation hearings and appeals, or in a personal injury claim. They will advocate for you and make the case for what you deserve.

Let Us Help You Get the Compensation You Need After a Workplace Injury

Workplace injuries can cause significant problems for a worker. Medical bills, missing work and wages, and potentially even needing to change careers are all possible. These are costly challenges that someone faces after a workplace injury. Compensation for these things is the responsibility of those who are liable for the injury.

In most cases, this is likely to be your employer, but there is also the possibility that another party could be liable. Either way, though, it’s very probable that an insurance company will be on the hook to pay what you’re owed.

These insurance companies are often not eager to part with the money that is rightfully owed to you. What they pay you is sure to lower their profits. Therefore, it’s possible that they will try to lowball an offer or even deny your claim when they don’t have sufficient grounds to do so. You can, though, make use of the legal system to hold these parties accountable for what they owe you.

However, that process can be complex and requires a firm understanding of how to answer the challenges to your claim. Working with a Salisbury on-the-job injury lawyer, like Ayers, Whitlow & Dressler, can help put your claim on solid footing. If you’ve suffered a workplace injury recently and need help seeking the compensation you’re owed or are even unsure of who is liable and what they owe, contact us today.