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Justice for Asheville, NC Work Accident Victims
If you’ve experienced a work-related injury or illness in Asheville, North Carolina, you might qualify for benefits through the state’s workers’ compensation laws. Most North Carolina employers are legally required to offer this coverage. Our committed lawyers are here to steer you through the process, ensuring you obtain the rightful compensation.
At George Sink, P.A. Injury Lawyers, we’re your dependable partner in Asheville, NC, for workers’ compensation concerns. We understand the challenges and intricacies of securing workers’ compensation. Our team adopts a thorough approach, carefully assessing your claim to get you the benefits you deserve. Explore how a workers’ comp attorney in Asheville, NC, can assist you on your path to justice. Call us today at 828-900-5257 for a complimentary case assessment.
How To Get Back on Your Feet After Being Injured at Work
Here’s what to do if you’ve been injured while on the job:
- Report the injury to your employer immediately.
- Seek appropriate medical treatment, following your employer’s instructions.
- Inform your health care provider that your injury is work-related and mention your employer’s name for workers’ compensation billing.
- Provide written notice of your workers’ comp claim to your employer within 30 days of the accident. Include the date of the accident and a brief description of the injury, and keep a copy of the letter for your records.
- Follow your physician’s instructions for medical treatment to facilitate your recovery.
- Ensure proper reporting and initiate workers’ compensation medical benefits.
- Hire a workers’ comp attorney in Asheville, NC, to understand your legal options and get help filing a claim.
When To Hire a Workers’ Comp Attorney?
How an Asheville workers’ comp attorney can help your case:
- Claim Issues: Get an attorney when your claim is denied or delayed, ensuring you receive rightful benefits.
- Inadequate Settlements: If your settlement offer falls short, an attorney can negotiate for fair compensation on your behalf.
- Medical Hurdles: When injuries affect work, an attorney can help you pursue proper compensation.
- Social Security Disability: Legal guidance streamlines benefits when it’s combined with workers’ comp.
- Employer Retaliation: Protect your rights against adverse actions by your employer, backed by an attorney.
- Insurer Challenges: An experienced attorney advocates for your interests against insurance companies.
- Workers’ Comp Hearings: Legal representation at hearings boosts your chances of success.
Our Asheville workers’ comp attorneys work on contingency, so there are no upfront fees. Plus, you get an advocate and partner through this difficult time.
Are You Eligible for Workers’ Compensation in Asheville, NC?
In North Carolina, if a business has three or more employees, no matter what type of business it is, they must have workers’ compensation insurance. The North Carolina Industrial Commission decides if someone who works independently is really an employee by looking at how much control the employer has over their work. If you run a business by yourself, or if you’re part of an LLC or partnership, you’re usually not considered an employee, but you can choose to get coverage if you meet certain requirements.
Some types of workers, like those who have irregular hours or work in people’s homes, are not covered by workers’ comp. The same goes for farm workers in small farms, federal government employees, and railroad workers. If a corporate boss decides not to get workers’ comp for themselves, they’re still counted when determining if a business has enough employees to require coverage.
What Workers’ Compensation Benefits Can You Receive?
In North Carolina, there are seven types of workers’ compensation benefits that you might be eligible for, including:
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However, before you can receive any of these benefits, your employer’s insurance company needs to approve your claim. If you encounter any difficulties with your claim, whether it’s filing, rejection, or uncertainty about your entitlements, it’s advisable to consult with an experienced workers’ compensation attorney in Asheville, NC.
Does Workers’ Comp Pay Full Salary in Asheville, NC?
The North Carolina workers’ compensation system typically pays about two-thirds (66.67%) of an injured employee’s average weekly wages. Once your workers’ comp claim is approved, you’ll receive two types of benefits. The first covers all your medical expenses related to your work injury, including co-pays, prescriptions, and transportation to treatment. The second includes weekly replacement wages until your case is resolved and you are able to return to work. Talking to an Asheville workers’ comp lawyer can help you understand your options and the benefits available to you.
Can You Be Fired While on Workers’ Comp or for Filing Workers’ Comp?
In North Carolina, it’s illegal for your employer to fire you for filing a workers’ compensation claim. If you’re terminated while on workers’ compensation, your employer must provide a valid, non-retaliatory reason for your dismissal, as retaliatory employment discrimination is strictly prohibited under North Carolina’s Retaliatory Employment Discrimination Act (REDA).
Workers should assert their rights to workers’ compensation benefits and can hold employers accountable for any actions against employees with such claims. Knowing your rights, exercising them, and seeking legal assistance from an Asheville workers’ comp attorney can be crucial in safeguarding your workers’ compensation claim.
What Evidence Should You Gather for a Workers’ Comp Claim?
When filing a workers’ compensation claim, it’s vital to gather relevant evidence to support your case. Key evidence includes:
- Medical Records: These document the nature and severity of your injury and the prescribed treatment.
- Independent Medical Examinations: Conducted for disputes or second opinions on your medical condition.
- Accident Reports: If available, they establish where and when the injury happened.
- Employment Records: Confirming your employment status at the time of the injury.
- Witness Statements: Testimonies from coworkers or witnesses present during the injury.
- Medical Receipts: Proof of out-of-pocket expenses for treating the work-related injury.
How to Apply For Workers’ Compensation
To apply for workers’ compensation in North Carolina, it’s essential to report your injury to your employer as soon as possible. You can provide a written report to your supervisor or file a Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for NC Workers’ Compensation Benefits with the North Carolina Industrial Commission. This official form helps initiate the claims process and ensures your employer is informed about your work-related injury. You can also work with our Asheville workers’ comp lawyers to file your claim, and we will walk you through the process.
What To Do if My Workers’ Comp Claim Is Denied?
Some of the reasons your workers’ compensation claim can be denied include:
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If your claim is denied, consult our workers’ comp lawyers in Asheville, NC. We can review your case, help you understand your legal options, and help you file an appeal if needed.
How Long Do You Have To Report an Injury at Work in Asheville, NC?
In Asheville, NC, the rules about how long you have to report a work-related injury can be different for each case. These time limits can change, so it’s crucial to remember that the best way to understand when to file your claim is by talking to a workers’ comp lawyer in Asheville. We can guide you on when and how to report your injury, making sure you follow the right deadlines and avoid any issues with your claim.
How Long Does an Average Workers’ Comp Settlement Take?
In Asheville, North Carolina, workers’ compensation claim timelines are not fixed and vary depending on the injury’s severity and claim complexity. When benefits are approved, payments usually start within a few weeks. If your claim is denied, you can appeal the decision. Our Asheville workers’ comp attorneys can help you understand the settlement process and ensure you receive the compensation you deserve.
What To Do if My Workers’ Comp Check Is Late or Not Coming In?
Failing to receive the workers’ compensation benefits you’re entitled to can be frustrating and harmful. It’s crucial to contact an attorney promptly to address the issue. If your benefits are consistently late or problematic, you can request a late payment penalty through the N.C. Industrial Commission. An Asheville workers’ comp attorney can assist you in navigating the required paperwork and help secure the payments you’re owed. Insurers may intentionally delay payments to pressure you into a settlement, but with legal support, you can resist such tactics.
What if You Can’t Return to Your Job After an Injury?
If your workplace cannot offer a job that matches your restrictions, the insurance company is obligated to assist you in locating employment suitable for your physical capabilities. An attorney can ensure that the insurance company doesn’t attempt to return you to a job that doesn’t align with your age, physical restrictions, education, or experience.
What Are Common Types of Accidents in the Workplace in Asheville, NC?
According to the U.S. Bureau of Labor Statistics, North Carolina’s private industry employers documented 67,700 nonfatal workplace injuries and illnesses in 2021, yielding an incidence rate of 2.2 cases per 100 full-time equivalent workers. Here are some of the most common types of work-related accidents and incidents in Asheville:
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What Is the Average Workers’ Comp Settlement in Asheville, NC?
The compensation rate typically amounts to 2/3 (66.67%) of your pre-injury weekly earnings during the injury period. Yet, it’s important to note that benefits for every case differ based on injury severity, earnings, and other factors. This average should not be considered a fixed standard for all workers’ compensation settlements. Work-related injuries are individual, and so are the specifics of each claim.
What Should You Watch Out for When Dealing With the Workers’ Comp Adjuster?
Dealing with a workers’ comp adjuster can be tricky. Here’s what to watch for:
- Requests for a recorded statement.
- Attempts to make you speculate or provide opinions—stick to the facts.
- Excessive demands for medical records—be cautious about sharing too much, especially about pre-existing conditions.
- Schedules an independent medical exam (IME).
- Insists on treatment from a specific doctor.
- Blames your injury on pre-existing conditions.
- Offers a quick, low settlement—think it through and consult an Asheville, NC workers’ comp attorney.
- Avoids your questions or calls—communication is vital.
- Uses threats or high-pressure tactics.
- Discourages hiring a workers’ comp attorney—consider legal help if needed; don’t downplay your accident or injuries, and don’t accept fault.
Contact our Asheville workers’ comp attorneys to help you manage your case and understand your legal options.
Can You Work While on Workers’ Compensation in Asheville?
Workers’ compensation insurance aims to provide injured workers with coverage for medical expenses and lost wages, helping them recover and return to work. While some recipients can’t work at all, there are cases where workers can return to their previous roles. If you can fully perform your pre-injury job and earn the same income, your workers’ compensation benefits stop. However, if you can’t return to the same work or income level and have light-duty tasks in a different role, you may still receive partial workers’ compensation benefits. During light-duty work, your earnings may be lower than before, and workers’ comp benefits can help make up the difference.
Will You Have To Undergo an Independent Medical Examination for Workers Compensation?
Independent medical exams (IMEs) are evaluations performed by a doctor other than your regular treating physician. When requested by a workers’ compensation insurer, they usually give you a list of approved doctors. You have the right to bring your doctor to the exam. Attending the IME, especially when requested by the insurer, is typically required to maintain eligibility for ongoing workers’ compensation benefits. In some cases, the insurer may request an IME if they disagree with your chosen doctor’s assessment of your injury and treatment, aiming for a more favorable outcome for them. You can’t refuse the insurer’s IME request if you want to pursue benefits, but you have rights in this process. It’s important to reach out to an Asheville workers’ comp attorney who can help you navigate this process while protecting your best interests.
Will You Be Followed by a Workers’ Comp Investigator in Asheville, NC?
Following a workers’ comp claim, investigators may monitor or look into your situation. This is more common with significant claims, a history of claims, or if fraud is suspected. In some cases; however, even without red flags, investigators can be involved, possibly to gather evidence to dispute the extent of your injury. If you face such a situation, our Asheville workers’ comp attorneys can help you understand your rights and address any unfair actions by insurance adjusters.
Our Worker’s Comp Attorneys Are Ready To Serve Your Case in Asheville, NC
At George Sink, P.A. Injury Lawyers, we’re dedicated to guiding you through your workers’ compensation process. Our deep understanding of Asheville’s legal landscape is here to help you grasp your rights, challenge workers’ compensation denials, and consider options for extra compensation via third-party liability claims. We provide complimentary case evaluations to ensure you have the knowledge and confidence to make informed choices for your financial recovery following a workplace injury. When you require assistance, we encourage you to contact an Asheville workers’ comp attorney for a no-cost, no-obligation case assessment.