Charlotte Workers Compensation Lawyer

Charlotte Workers Compensation Attorney

Generally, experiencing an injury on the job leads to a long process — the process of physical or psychological recovery, as well as securing the compensation and/or benefits that you’re rightfully owed.

To receive this compensation, however, you will need to hire the right workers’ compensation attorney. The lawyer you hire can make a fundamental difference in the outcome of your case. Without the legal aid you need, it’s possible that you’re losing the compensation and benefits that you’re fully entitled to.

It is rarely wise to place all of your faith in a workers’ comp insurance provider. As with any other type of insurance company, the objective isn’t to help you recover the settlement you’re owed. Instead, these companies are typically driven by profit. This means that they often attempt to provide you with the lowest settlement that they can feasibly manage. Even if your claim is legitimate, the workers’ comp insurance provider may attempt to minimize it, as well as to downplay the severity of your injuries.

From the beginning of your case, make sure that you have a reliable and experienced workers’ comp lawyer to aid you — this includes when you provide the insurance company with a statement.

At Ayers, Whitlow & Dressler, we understand the ins and outs of workers’ compensation law. This allows us to provide the workers of North Carolina with the best possible legal services, securing them with the compensation and benefits that they’re truly owed.

Do You Need a Lawyer for a Workers’ Compensation Claim in North Carolina?

More often than not, yes, it is in your best interest to hire an attorney during a workers’ comp claim. Even in less severe cases, it can still be wise to consult with a lawyer for guidance and legal advice.

If any of the following scenarios apply to you, then it is important that you speak with an NC workers’ comp attorney, at your earliest convenience:

• You are unsure whether you have a workers’ compensation case at all.
• Your workers’ compensation claim was denied.
• You’re uncertain whether you’re making the best choices, during your workers’ comp case.
• You’re eligible (or plan to be eligible) for other benefits, including Social Security Disability, Medicare, and/or FMLA.
• Your injury has or will cause you to miss a significant amount of work or is never expected to fully heal.
• You have any questions about wage replacement disability benefits
• You have questions about medical treatment.
• Your workplace injury was the result of a third party’s negligence, rather than your employer themselves.
• You’ve already been offered a clincher agreement or settlement.

Workers’ Compensation and Insurance

A workers’ compensation attorney can make the legal process easier for you in many ways, including acting as an intermediary between you and the insurance companies. Your attorney will interact with the insurance companies involved to ensure that all statements are accurate and do not jeopardize your case. Unfortunately, most insurance companies do not have your best interests at heart. When they ask for a statement, they are often pressuring you to do so in order that you will make a mistake and they will ultimately not have to pay you fair compensation

Seeing A Doctor for A Workers’ Compensation Claim in Charlotte, NC

It is important to know that the insurance company responsible for your claim has the right to send you to a doctor of their choosing. Of course, this is a flawed system, as the doctor may be biased toward the insurance company. However, this is the way of the system. In many cases, these doctors’ objective is to get you back to work so that the insurance company is not responsible for so many bills.

If you feel that the insurance-assigned doctor did not fully address the issues at hand, you have the right to see another doctor to get a second opinion. Be sure to record your experience with both doctors and follow any instructions that your attorney gives you regarding their medical advice. Remember, insurance companies are concerned with finances, not patient wellbeing. Despite this, you have the right to seek proper medical care. Keep in mind that workers’ compensation is a right, not a privilege.

Is Your Work Injury Covered in NC?

Due to North Carolina’s workers’ comp laws, not every workplace injury is going to be covered. Before you proceed forward with your case, you will first need to ensure that you meet the criteria.

Above all else, to be eligible for workers’ compensation, you’ll need to demonstrate that your on-the-job injury was the result of some kind of accident. You should have been engaging in normal work activities before an unusual event led to you receiving an injury. For instance, maybe you slipped and fell while at work.

Of course, for an injury to be compensable, it will need to have occurred at your place of employment, within the scope of your work.

A wide variety of injuries are covered under North Carolina workers’ compensation law, including (but not limited to) hand injuries, nerve damage, internal organ injuries, crush injuries, aggravation of a pre-existing injury, chemical burns, and more.

If you’re unsure if your injury is covered, be sure to speak with a Charlotte Workers Compensation Lawyer.

How to File a Workers’ Comp Claim in North Carolina

It’s essential that your workers’ comp claim is correctly filed. Otherwise, you could be destroying your case before it even leaves the ground. This is an avoidable situation, especially if you’re working with an experienced workers’ compensation lawyer. Your Charlotte Workers Compensation attorney will be available to help you with every step of the filing process and beyond.

Firstly, your employer must be notified about the injury or illness that you sustained while at work. After they have been notified, you can begin the process of filing your NC workers’ compensation claim.

Your claim will be filed with the North Carolina Industrial Commission, regardless of whether or not your employer is currently paying for your treatment. Don’t simply expect your employer to file the claim in your place.

It’s crucial that you file your claim within two years of when the injury was sustained. The only exception is if your employer is paying for wage replacement benefits. In this instance, your claim will need to be filed within two years of when your employer last supplied payment for your medical treatment.

In instances of occupational illness, you will either need to file your claim within two years of when you were first diagnosed with your work-related disease or of the date you first became disabled as a consequence of your condition.

Although you have two years to file your claim, this doesn’t mean that you shouldn’t provide notice of your injury as soon as possible. In fact, you should provide notice within thirty days of when the injury was sustained. Specifically, you will need to file a Form 18 Notice of Accident with the North Carolina Industrial Commission.

If you have any questions about the process of filing an NC workers’ compensation claim, be sure to get in touch with a Charlotte Workers Compensation Lawyer.

Are Occupational Diseases Covered Under Workers’ Comp in Charlotte, North Carolina?

In North Carolina, yes, occupational injuries and diseases are covered under workers’ comp.

Unlike other forms of workplace injury, occupational injuries and diseases develop over an extended period of time, rather than through a simple one-time incident.

For instance, if a worker sustains an injury due to a repetitive motion that they must perform on the job, this would be covered under workers’ comp. Similarly, if an NC employee develops a chemical-related disease while at work, this would also be covered under workers’ compensation. Vision loss, hearing loss, lead poisoning, and more can also be occupational injuries.

Disability Benefits for Injured NC Workers

If you’re a North Carolina worker who has experienced either permanent disability or wage loss due to a workers’ comp injury or disease, then you have the right to receive disability benefits.

Most wage replacement benefits in North Carolina will only be paid while the worker is disabled. This means that if the individual recovers from their injury, then they will no longer be entitled to receive these benefits — the only exception to this rule being Permanent Partial Disability benefits if the employee qualifies for them.

Although the concept of disability can be complex in the context of NC worker’s comp law, the simplest way to look at it is like this: If an individual’s wage-earning ability has decreased as a result of an on-the-job injury or illness, then the worker is experiencing a disability worthy of benefits.

It is essential that the employee is able to provide evidence of their disability — benefits will not be provided based on claims alone. If the worker and their employer cannot agree on whether the employee qualifies for wage replacement benefits, then the NC Industrial Commission will step in and make the final decision.

The 4 Types of Disability Benefits in North Carolina

Under NC workers’ comp, employees could qualify for four different types of disability benefits. These are:

1. Temporary Total Disability Benefits in NC Workers’ Comp (TTD)
2. Temporary Partial Disability Benefits in NC Workers’ Comp (TPD)
3. Permanent Partial Disability Benefits in NC Workers’ Comp (PPD)
4. Permanent Total Disability Benefits in NC Workers’ Comp (PTD)

What Is a Disability or Injury Rating?

When the employee has healed as much as is medically feasible, then they have reached Maximum Medical Improvement (MMI). Reaching MMI doesn’t necessarily mean that the individual has fully recovered from their injuries — rather, it simply means that the state of their condition has plateaued and is unlikely to improve further with continued medical treatment.

Once MMI has been reached, this is also the point at which a physician will determine the worker’s disability or injury rating.

Under the guidelines established by North Carolina workers’ comp, the injury rating is based upon the percentage of function loss that the individual is experiencing in the injured body part. If they desire, the employee is entitled to seek out a second opinion on the disability rating. This second opinion will be paid for by the employer, although the employee is allowed to select the doctor.

Once a disability rating has been established, the worker is able to begin earning Permanent Partial Disability Benefits in NC Workers’ Comp (PPD).

Should You Settle Your Workers’ Compensation Case?

You should never rush into accepting a settlement for your workers’ compensation case, especially without speaking to an attorney first. In fact, if you receive a settlement offer from an insurance provider or your employer’s attorney prior to hiring your own, it is in your best interest not to immediately accept, even if the settlement sounds fair. Oftentimes, this initial settlement will be less money than you are actually owed, and its fairness can be difficult to gauge without a legal expert’s input.

It is relatively common for workers’ comp claims in North Carolina to be settled via a clincher agreement. This is a final agreement that is intended to cover all aspects of the workers’ compensation case. For instance, this settlement will address wage replacement benefits, medical treatment expenses, and more. After the worker receives their settlement through a clincher agreement, this is all the compensation they will be receiving. The agreement is intended to resolve the workers’ comp claim in its entirety.

In North Carolina, you aren’t obligated to settle your case, at any particular point. In fact, in some instances, it may be wise to keep your case open. For example, if you were seriously injured at work and have sustained a permanent disability (especially if you are receiving continuing medical care or treatment), it may be in your best interest to allow your employer or insurance provider to pay lifetime medical benefits and wage replacement.

If you haven’t yet completed your medical care and reached Maximum Medical Improvement, then extreme caution should be taken if you’re hoping to settle your case. Before you’ve reached MMI, it can be extremely difficult to accurately predict what your medical needs are going to look like in the future. If you’ve accepted an agreement prior to your condition worsening, then you will be unable to seek additional compensation later.

Common Workers’ Comp Injuries

At Ayers, Whitlow& Dressler, we work with clients who have sustained a wide variety of work injuries. We provide representation to workers who have experienced on-the-job injuries such as:

• Damage to muscles or bones in the individual’s neck or back, knees, shoulders, or joints
• Carpal tunnel syndrome (as well as other injuries that result from repetitive movement or stress)
• Complex regional pain syndrome (CRPS)

While workers’ comp injuries can come in nearly any shape or form, some tend to occur more commonly than others. The most common workers’ compensation injuries are as follows:

Strains

If a worker’s muscle or tendon is either torn or stretched, then they have developed a strain. Strains often occur due to repetitive movement while on the job. For instance, if the worker is regularly lifting heavy objects or is required to work in a way that leads to awkward posture, then there is an increased likelihood that they will develop a strain-related injury.

Contusions

If someone falls or bumps into an object, then the bruises they develop are known as contusions. Although bruises aren’t typically severe enough to warrant a workers’ comp claim, it’s important that workers remain aware of any severe pain or swelling that develops shortly after sustaining the injury. This could potentially indicate a more serious issue, which could require medical attention.

Lacerations

There are many ways in which workers can receive cuts or lacerations at work. For example, if a tool that the worker is required to use has been poorly maintained, then this puts the individual at an increased risk of suffering a laceration-related injury. Alternatively, if the worker is dealing with a machine that is damaged or missing a part, lacerations could be the outcome. Even working conditions with insufficient lighting or clutter could put employees at an increased risk of lacerations.

Sprains

When a ligament is stretched or torn, this is known as a sprain. Performing repetitive tasks is a common way in which NC employees develop sprains. Awkward posture and regularly dealing with heavy objects (whether lifting, pulling, or pushing) can lead to sprains.

Punctures

If a worker is utilizing tools such as knives or scissors, it’s possible that they could sustain a puncture wound, while on the job. Punctures can also be the result of glass, splintered surfaces, nails, or other sharp objects.

Helping Injured Workers Secure Benefits in Charlotte, NC

Ayers, Whitlow & Dressler has extensive professional experience helping injured workers in Charlotte secure the benefits they need to recover. A Charlotte workers’ comp attorney is an invaluable asset for anyone in this situation as reliable legal counsel can streamline the claim filing process significantly and ensure a fair determination of benefits.

Many people working in Charlotte, North Carolina aren’t fully aware of their rights when it comes to workers’ compensation or how to file a claim for benefits when they have been injured at work. They may also believe that if they cause their injuries themselves, they will be disqualified from receiving benefits, but this is only true in specific cases. Our team can review the details of how your injury happened, help you determine your eligibility, and file your claim.

Ultimately, it is possible for you to pursue workers’ compensation benefits in Charlotte without hiring an attorney, but the process is likely to be far more challenging than you initially expect, and you will be unlikely to reach the same level of results as an experienced Charlotte personal injury attorney could attain for you.

Determining Eligibility for Workers’ Compensation Benefits in Charlotte

North Carolina law requires almost every employer in the state to have workers’ compensation insurance, and this insurance applies to most people working in the state. However, there are some North Carolina workers who are exempt from workers’ compensation rule, such as domestic care workers, independent contractors, and freelancers.

Unfortunately, some employers intentionally misclassify employees to avoid paying for coverage for them. For example, they may list a full-time employee as a contractor to avoid the increased premium cost they would face with their insurance policy. If you believe you have been misclassified by your employer, it is vital to discuss your concerns with an experienced attorney as quickly as possible.

Once you have proven your employment status and eligibility for workers’ compensation benefits, you must next prove that your injury qualifies for coverage. As long as your injury happened while you were working, you are likely to qualify for workers’ compensation benefits. Fault does not factor into most claims as workers’ compensation insurance functions on a no-fault basis in North Carolina. However, there are exceptions to this.

You may not be compensated through your employer’s insurance if you caused your own injury through intentional misconduct. For example, if you were working under the influence of alcohol or drugs, engaged in any illegal activity while you were working, engaged in horseplay at work, or intentionally violated workplace safety regulations, these would all be grounds for disqualification from receiving benefits.

If you did cause your own injury through an honest mistake you made while performing your work duties in good faith, it should not disqualify you from workers’ compensation benefits. If your employer claims your injury was not work-related or that you are otherwise ineligible to receive benefits, your attorney can address any such issues for you. In Charlotte, workers’ comp compensable injuries may include:

• Injuries from slips, trips, and falls at work. Falls are consistently cited as a leading type of workplace injury throughout the United States each year.
• Vehicle accidents that occur when driving for work. You cannot file a claim for a vehicle accident that happened while you were going to or coming from work, but if you drive to work and experience an accident, it would be considered a work-related accident.
• Trauma from dropped objects. It’s possible for dropped objects in many types of work environments to result in head trauma, broken bones, and many long-term medical complications.
• Injuries from heavy equipment. If you must work with any type of machinery and it malfunctions or someone else misuses it, these accidents can easily cause severe traumatic injuries, including serious lacerations, broken bones, crushing injuries, or even amputations. These injuries are serious and may result in permanent disability.
• Medical complications from toxic exposure. Anyone required to work with or near toxic substances must have access to appropriate protective equipment.
• Acquired medical conditions. If you work in the healthcare industry or any other work environment in which you may contract a disease or other illness, you can file a workers’ compensation claim as long as you acquired your condition through the performance of your job duties.
• Repetitive stress injuries. Anyone can potentially develop medical complications from performing the same physical tasks every day at work. As long as they can prove their injuries solely resulted from performing their job duties, they can qualify for workers’ compensation benefits.

As long as an injury occurred while the victim was working or they acquired a medical condition from performing their job duties, they will likely qualify to receive workers’ compensation benefits. However, the claim filing process can be more challenging than many workers initially expect.

Filing Your Claim for Workers’ Compensation Benefits in Charlotte

Workers’ compensation insurance functions very similarly to most other types of insurance, with a few notable exceptions. Primarily, your employer will play an important role in the claim filing process, and this could become a problem if they do not handle their responsibilities in good faith. It is also possible to encounter resistance from the insurance company.

Your Charlotte Workers Compensation Lawyer can help you file your claim, gathering all the supporting documentation you may need to submit to the insurance carrier to ensure that your claim is handled correctly and that you receive a fair determination of benefits. If any disputes arise, your attorney can advise you as to how you can resolve them and secure the benefits you need to recover as quickly as possible.

Part of your claim filing process will likely be a medical evaluation. You can see any available doctor for emergency treatment after your injury, but only a physician approved by your employer’s insurance carrier can perform the medical evaluation you will need to complete to submit your claim for benefits. This physician will assign you a disability rating, which is a numerical indicator of the severity of your injury.

The higher your disability rating, the more you can receive in workers’ compensation benefits. If you disagree with the doctor’s assessment of your condition, you have the right to seek out a second opinion from a different doctor. Your Charlotte workers’ compensation attorney can help you address any such issues you face and ensure you receive a fair medical assessment.

Benefits for Compensable Injuries

The goal of your workers’ compensation claim is to secure the benefits you need to recover as much as possible from your injury and to offset the economic impact of your limited ability or inability to work following the accident. It is also possible to secure additional benefits from your employer’s insurance carrier that reflect your unique circumstances.

Most claimants will be able to receive full medical expense coverage with a successful workers’ compensation claim. This means that their employer’s insurance will pay for all of the medical care they need to fully recover from their injury, including future rehabilitative treatments they may need to regain functional capacity. Your Charlotte Workers Compensation Lawyer can help you resolve any disputes that arise concerning medical billing.

Wage replacement benefits are more variable. It’s possible for these benefits to be awarded in partial or total designations based on the claimant’s functional capacity after their injury. If the claimant is still able to work but must accept lower-paying light duty or otherwise cannot earn their usual income, they will receive partial disability benefits. These are paid weekly, and the claimant must report their weekly earnings to the insurance company to keep receiving benefits.

If the claimant cannot work at all due to their injury, they are likely to receive total disability benefits. These are paid according to the claimant’s prior year of average weekly earnings, and each weekly check will be about two-thirds of their average weekly wage for the year prior to their injury. These benefit payments can continue until they are able to resume work.

Additional benefits can come into play for certain claimants. For example, if a claimant is unable to return to their previous job due to their injury but they are able to assume a new position with their employer, the workers’ compensation insurance carrier may provide vocational rehabilitation benefits. Every case is unique, and your attorney can help you secure the specific benefits most applicable to your situation.

Possible Disputes Regarding Charlotte Workers’ Comp Compensable Injuries

The workers’ compensation claim filing process may appear straightforward at first, but the reality is that many injured workers encounter unexpected complications with their claims that they cannot resolve alone. Disputes may arise regarding eligibility for benefits, or the claimant’s employer and/or insurance carrier may contest the claim for various reasons. It is also possible for a workers’ compensation claim to be denied for many possible reasons.

This is another reason why it is so crucial for an injured worker to have legal counsel they can trust to advise them. Your attorney can not only help you file your claim, but they can also help resolve any unexpected challenges you encounter as you attempt to collect the benefits you are rightfully owed. If your claim is denied, your attorney can help you file an appeal and present the strongest possible case before the North Carolina Industrial Commission (NCIC).

FAQs About Charlotte, NC Workers Compensation Laws

Q: What Is Workers’ Compensation?

A: Workers’ compensation is a type of insurance that North Carolina requires most employers to have. This insurance works similarly to other types of insurance, such as auto and home insurance. Every month, an employer pays a premium for insurance coverage. If a worker gets hurt while on the job, the insurance company will review the incident and pay for the damage. With this arrangement, both the employer and employee are protected from having to pay for expensive medical bills.

Q: What Is My Workers’ Compensation Case Worth?

A: There is no set amount that you can expect to receive when you file for workers’ compensation. The amount always depends upon the severity of the injury and the amount of time it takes to recover. Despite this variability, there are certain ways you can maximize your settlement. These include:

• Work with your attorney to make sure all past, present, and future expenses are covered by the settlement amount.
• Refuse to interact with insurance companies without your attorney present.
• Document all injuries and progressions of the injuries.
• Request copies of doctors’ notes and medical records.
• Have patience with the workers’ compensation system. If there is a delay, understand that you may get more money if you don’t settle proactively.
• Consider your ability to earn wages in the future. If your injury affects that ability, you should account for the lost wages in your settlement.
• Determine if the company acted neglectfully. If they failed to follow basic procedures or standards, they need to be held accountable.

In all cases, having an experienced Charlotte Workers Compensation Lawyer ensures that you consider all angles and can fight for the maximum settlement.

Q: How Much Does a Workers’ Compensation Lawyer Cost?

A: Workers’ comp attorneys in North Carolina use a contingency system when it comes to payment. This essentially means that clients won’t be required to pay any legal fees to their lawyer unless that lawyer succeeds at earning them a settlement. If no compensation is received, then the client won’t owe their workers’ comp attorney a dime.

Thanks to this system of payment, workers in NC shouldn’t bear the burden of paying out-of-pocket legal fees. You’re likely already dealing with medical bills and other expenses related to your injury, so the last thing you need is more lost funds.

The standard contingency fee for NC workers’ comp cases is 25%. This means that out of all the compensation you receive through your case, your attorney will be given 25% of that total.

If you’re hesitating to hire a workers’ comp attorney due to the belief that you can’t afford it, it’s essential that you take the contingency system into account. In North Carolina, it is incredibly rare that a worker will ever need to pay any money out of pocket to work with a workers’ comp attorney.

Q: Do I Have to Be Doing My Job to Get Workers’ Comp?

A: No. Workers’ compensation insurance only requires that you were doing something within the scope of your job when the injury occurred. This means that if you were doing something like walking to the bathroom, making copies, getting a cup of coffee, etc. when you were injured, you should still get workers’ compensation insurance.

You will not be eligible for workers’ compensation if you were doing something dangerous, illegal, or foolish and caused the injury. For example, you cannot play roughhouse with your coworkers and receive workers’ compensation for the injury that results. Similarly, if you are under the influence of drugs or alcohol while at work, or if you cause the accident on purpose to avoid work or collect payments, you will not be eligible for workers’ compensation.

Q: What Types of Injuries Are Covered by Workers’ Compensation?

A: Most injuries are covered by workers’ compensation. Injuries can be put into three categories: traumatic, gradual, or occupational.

• Traumatic Injuries: These happen all at once, such as in a fall. In these instances, you were relatively fine before the accident, but after the accident, you have sustained a full injury.
• Gradual Injuries: These happen over time. Most gradual injuries are repetitive motion injuries that result from performing the same action over and over. For example, someone who works on an assembly line may get a repetitive motion injury from installing the same piece for many days or weeks at a time.
• Occupational Disease: This is something that occurs because of the specific industry you work in. For example, coal miners have high rates of lung cancer from the dust that they inhale.

Ultimately, a workplace injury occurs anytime a job causes, aggravates, or accelerates an injury or illness.

Q: Can I Sue My Employer for a Workplace Injury?

A: No. Part of the purpose of workers’ compensation insurance is that it protects employees and employers in the event of an accident. Because your employer has provided you with insurance coverage to help pay for any injuries, you cannot file a claim against your employer after a workplace injury in most cases. However, if your employer illegally prevents you from filing for workers’ compensation or does not have workers’ compensation when they should, you may be able to take some form of legal action.

These laws do not mean that you cannot hold anyone responsible for your injury. If a third party is involved in your injury, you can file a personal injury claim against them if they were acting negligently. For example, if your coworker fails to run their mandatory safety check and equipment malfunctions and breaks your arm, you can file a personal injury claim against your coworker. They were acting negligently by failing to perform their safety check responsibilities, and your injury was a direct result of their negligence.

You can file a personal injury claim against anyone involved except for your employer. This includes:

• Coworkers
• Vendors
• Customers
• Consultants
• Maintenance staff

Q: What Will My Employer Do When I Report an Injury?

A: When you report a workplace injury, your employer should immediately file a report. They will likely ask you for details about what happened to help them complete the necessary paperwork. Then, they should supply you with the necessary information to file a workers’ compensation claim and walk you through the process. This can be done by your employer, a human resources representative, or someone in a similar position.

Q: How Long Do I Have to File a Workers’ Compensation Claim?

A: In North Carolina, you have two years from the time of your injury to file a workers’ compensation claim. This timeline accounts for injuries that appear slowly because of an accident. You may suffer an injury that gradually appears or compounds after the initial date, which means that you have sufficient time to report your injury before the window of opportunity closes.

If possible, it is always better to file a workers’ compensation claim as soon as possible. Although you technically have two years to do so, waiting to file only gives the insurance companies more opportunities to deny that your injury happened at work. If you report the accident right away, it is difficult for them to question the cause-and-effect nature of the accident and the injury, and they are obligated to take financial responsibility. If you wait, they could try to shirk responsibility by blaming someone else.

Q: Can I Get Fired for Filing a Workers’ Compensation Claim?

A: No, not legally. North Carolina law prevents employers from retaliating against employees who make a workers’ compensation claim, even if their claim is denied or they do not ultimately receive compensation. If you believe that your employer has broken this law, you should seek legal counsel right away.

You will have to prove that they fired you for that reason when they will likely use a different excuse to avoid legal ramifications. An experienced attorney can help you build your case.

Q: Does My Employer Have to Buy Workers’ Compensation Insurance?

A: Most employers in North Carolina are required by law to have workers’ compensation insurance. If a business has three or more employees, the employer should have workers’ compensation insurance. If a business has one or two employees, it is up to the employer whether they obtain workers’ compensation insurance. If they do not have it, they may be liable if someone gets hurt at work, including themselves.

Q: What Medical Treatment Is Covered by Workers’ Compensation?

A: All reasonable, necessary medical treatment should be covered by workers’ compensation insurance. In most instances, you will not have a difficult time having procedures covered after you have been approved. Be sure to get all referrals and recommendations from your doctor in writing so that you have proof that your medical care is necessary.

If you voluntarily choose to seek additional care such as massages or other similar procedures to make yourself more comfortable during your recovery process, it is unlikely that these costs will be reimbursed. If you have questions, you can always check with your attorney or your workers’ compensation insurance company.

Q: What Do I Do If My Workplace Injury Is Permanent?

A: In some situations, workplace injuries lead to permanent disabilities. There are several things that can happen in these cases, and your path ultimately depends on whether you can continue to work.

Temporary disability payments can help you recover. However, if your injury is permanent, you may be eligible for permanent disability payments. These can supplement your income and help you adjust to your new reality.

If you can continue to work with reasonable accommodations, you may be able to retain your job. However, if you have been prevented from doing other things, you may still be eligible for disability insurance. You may need to work limited hours to remain eligible for disability benefits.

In many cases, workers’ compensation may also have payment options for workers who were permanently injured in the workplace.

Q: Is Workers’ Compensation Guaranteed for a Workplace Injury?

A: No. Just as with any insurance claim, workers’ compensation injuries must be reviewed and approved by an insurance adjuster. The individual adjuster in your case may find that you do not meet the requirements for workers’ compensation. For instance, if you were under the influence of alcohol at the time of your injury, the adjuster may deny your claim. They can also deny your claim if they believe that the injury happened outside of work, but you facilitated a workplace incident on which to blame your injury and collect workers’ compensation.

Unfortunately, if workers’ compensation denies your claim, you are financially responsible for your own medical bills, time away from work, and other expenses. This is a cost that few families can afford without notice. Even if you have medical insurance, the deductible may cause financial problems for your family.

Hiring an attorney can help you get your claim approved, appeal the process, and navigate your injury with every possible benefit. Our experts know how to go through these claims, and we often know about options that would otherwise be unknown to our clients.

Q: How Do I Start the Workers’ Compensation Claims Process?

A: The first step in creating a workers’ compensation claim is to report the injury to your employer. Your employer will have to make a report and review the situation. They likely will not prevent you from filing a workers’ compensation claim, but they do need to be aware of what happened for the process to move along. Your employer can also give you information about how to file a claim through their workers’ compensation insurance.

Before you file a claim with the insurance company, you should have an attorney represent you. This ensures that your statement does not ruin your claim and that the insurance company does not take advantage of your position.

Q: Can I Go Back to Work While I Am Under a Doctor’s Care?

A: In some cases, you may be able to go back to work while you are still under a doctor’s care for a workers’ compensation claim. Your ability to do so depends on your doctor’s opinion and recommendations. If you were hurt at work while doing something other than your day-to-day tasks, it may be entirely possible for you to do your job without causing yourself any further harm. However, if you have a repetitive motion injury or an injury that affects a part of your body that is necessary to your job, you may have to wait to be fully cleared by your doctor before returning to work.

Employers are required by law to provide reasonable accommodations to all employees who request them. Reasonable accommodations are any small changes that can help the employee do their job correctly and safely. For example, if you sprained your ankle at work and you are a cashier, getting a chair for your station may be a reasonable accommodation that will allow you to continue doing your job.

An unreasonable accommodation would be to ask your employer to give you entirely different tasks or a different role to allow you to keep working.

Q: Can I Get Workers’ Compensation for My Deceased Loved One?

A: Yes. Unfortunately, employees do not always survive their workplace accidents. In these situations, workers’ compensation will be paid to the deceased’s family. Usually, these payments are equal to 75% of the worker’s average weekly income. For example, if your loved one made $4,000 per week, workers’ compensation would likely pay $3,000 per week if they died because of a workplace accident. These payments must go on for a minimum of 500 weeks. The payments should be made to the deceased’s direct dependents, usually their spouse and children.

Workers’ compensation insurance should also pay for funeral and burial expenses up to $10,000.

Q: Should I Give a Statement to Workers’ Compensation Insurance?

A: Not without an attorney present. Workers’ compensation insurance companies are businesses that have their own profits and interests in mind. The more they must pay for an injury, the lower their profit margins. Because of this, they will use every possible opportunity to avoid responsibility for an injury. If you give a statement without legal representation, you may inadvertently tell the insurance company something that implies fault or ruins your case. The insurance company may ask leading questions that cause you to relinquish your rights. It is dangerous to speak to insurance companies alone.

Unfortunately, insurance companies often use predatory tactics to protect their profits. They may have a private investigator follow you to ensure that your daily activities line up with your claim. Although this is more common in high-cost injuries, it can happen to anyone. When you have an attorney to represent you, you can make a statement that protects you, your family, and your workers’ compensation claim.

Q: How Is My PTO Affected by Workers’ Compensation?

A: It is unlawful for businesses to use your accrued PTO, sick leave, or similar funds to pay for your workers’ compensation. In fact, your PTO should be unaffected by any time off that you must take because of a workplace injury. However, you may not continue to accrue PTO while you are out for a workers’ compensation injury. Otherwise, PTO and workers’ compensation should remain unrelated.

Q: Do I Automatically Get Disability, Social Security, or Unemployment Benefits If I Get Injured at Work?

A: No. If you are eligible for additional programs beyond your workers’ compensation benefits, you must apply for them. This is one reason why having an attorney is so helpful in these situations. Not only can we help you navigate your workers’ compensation claim, but we can also help you determine whether you can get additional support. Injuries can be a significant financial strain, and additional support may be crucial for your family.

Q: When Will I Start Receiving Workers’ Compensation Benefits?

A: After your case has been approved, you should begin to receive workers’ compensation payments within 4 to 8 weeks. However, this does not mean that you need to wait that long for medical care. If you are being reimbursed for medical expenses, keep copies of all bills and payment records so that the insurance company can pay you back for any money that you spent out of pocket.

Q: Do I Need an Attorney for a Workers’ Compensation Claim in North Carolina?

A: Although it is not legally required that you have a workers’ compensation attorney, it is in your best interest to hire one. There are many places in the workers’ compensation claim process that may alter or ruin the results of your case. Because financial support is so crucial during this time, it is unwise for you to risk the outcome by navigating your case alone.

Insurance companies often try to take advantage of workers who are making claims. Insurance companies are businesses whose bottom line is more important than their clients. They will try to avoid paying for your injury, even if it is legitimate, just to save money. They may even use extreme tactics to get out of their obligation to pay for your injury. An attorney can help protect you from the tactics of the insurance company and give you added security throughout your claim.

Finally, an attorney can help you determine if you are eligible for any programs outside of workers’ compensation. In some cases, injured workers are eligible for social security, disability, or unemployment benefits on top of their workers’ compensation support. Our attorneys have significant experience with these programs and can help you determine whether you are eligible for any and assist with the applications if you are.

Q: What If I Suffer a Work-Related Injury While Away From Company Property?

A: In some situations, individuals perform their job duties while away from company property. For example, individuals who work for the postal service spend more time walking in neighborhoods than on USPS property. However, if you are performing your job duties, you should still be eligible for workers’ compensation benefits.

Unfortunately, getting hurt away from workplace property while still performing your job makes your claim a bit more complicated. In these scenarios, it is especially important for you to have a qualified workers’ compensation attorney to help you navigate your claim. You may have to provide additional evidence, which can be hard to obtain on your own.

Q: What If a Workplace Injury Is My Fault?

A: The fault of the injury should not matter in your workers’ compensation case. If you caused the accident or injury, you should still get workers’ compensation. There are some exceptions to this.

• You cannot have caused the injury by roughhousing or fighting.
• You cannot have been under the influence of drugs or alcohol.
• You cannot have caused the accident on purpose to receive a payout.

If you were responsible for the injury because you made a mistake, you still get workers’ compensation insurance coverage.

In most cases, the person at fault for the accident is irrelevant. This is a major difference between workers’ compensation insurance and other types of insurance. However, if someone else’s negligence caused your accident, you may be able to file a personal injury claim against them on top of your workers’ compensation claim.

What to Expect From Your Workers’ Compensation Attorney in Charlotte

The workers’ compensation claim filing process may appear daunting at first, and you may have many questions and concerns about how to file the claim and what type of benefits you can reasonably expect. You may also have concerns about alternative avenues of legal recourse that may be available to you based on how your injury happened. Whatever your situation entails, you have the greatest chance of reaching a positive outcome with legal counsel on your side.

The attorneys at Ayers, Whitlow & Dressler have the experience and resources necessary to resolve the most challenging work injury cases in Charlotte. If you have any questions about whether your employment status or the nature of your injury could impede your ability to collect benefits, we can help. As soon as you secure our representation, we can immediately begin reviewing the details of your claim and building a strategy for you.

We not only have experience helping our Charlotte clients file their workers’ compensation claims but also in appealing denied claims and helping clients explore alternative avenues of legal recourse, such as third-party personal injury suits. Rest assured that our team can help you develop a holistic legal strategy aimed at maximizing your recovery from your injury at work.

If you have concerns about the potential cost of legal representation, there is no cause for alarm with our firm. We accept workers’ compensation cases on contingency, meaning your legal fees will amount to a percentage of the total compensation we secure for you. You pay nothing upfront and owe nothing if we are unable to obtain compensation for you.

You have a limited window in which to file your claim for workers’ compensation benefits and may have many questions about what you can expect. With our assistance, you can approach this process with confidence and peace of mind and have a much greater chance of recovering a suitable determination of benefits than you would have on your own.

Ayers, Whitlow & Dressler Protects the Rights and Interests of Injured NC Workers

Back in 1986, Attorney John F. Ayers III first began helping injured workers in Charlotte, NC recover compensation and benefits. It’s no surprise that Mr. Ayers would go on to be named one of the top attorneys in the state, thanks to North Carolina Law and Politics magazine. Then, in 2014, Christian Ayers went on to join the firm. Both skilled lawyers have made a positive impact protecting the rights and interests of injured workers, through providing the best workers’ comp legal services in the state.

If you were injured on the job due to an accident or your employer’s own negligence, then don’t hesitate to begin seeking the compensation and benefits you’re rightfully owed. Before you accept a settlement, however, it’s crucial that you consult with an NC workers’ comp attorney. This is the only way to ensure that you’re receiving adequate compensation for what you have experienced.

To schedule a consultation with Ayers, Whitlow & Dressler, simply fill out the contact form on our website.