Charlotte Workers’ Comp Compensable Injuries Lawyers

Workers’ compensation insurance exists to protect both employers and their employees when workplace accidents happen, and the benefits this insurance provides can be invaluable to anyone who has suffered an injury at work in Charlotte workers’ comp compensable injuries include virtually all workplace injuries as long as the victim was performing their job duties when their injury happened. However, there are important rules to consider when preparing a claim.

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 attorney 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 attorney 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).

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.

Contact us today to schedule a free consultation with an experienced Charlotte workers’ compensation lawyer. We are confident in our ability to provide the client-focused and compassionate legal counsel you need in this difficult situation. We can review the details of your situation and let you know how we can help.