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Seeking Justice for Charlotte, NC Work Accident Victims
If you suffered an injury or illness related to your job, you may be eligible to collect workers’ compensation benefits in Charlotte, NC. Most businesses in North Carolina are required to provide coverage to their employees. If you’ve suffered injuries from your workplace, whether they are from an accident or your own actions, our dedicated attorneys are here to guide you through the process, ensuring you receive the compensation you deserve.
At George Sink, P.A. Injury Lawyers, our workers’ comp attorneys will examine every aspect of your claim. Our team takes a comprehensive approach, meticulously reviewing your claim to secure the benefits you’re entitled to. Find out how a workers’ comp lawyer in Charlotte, NC, can make a significant difference in your journey to justice. Call us today at 980-999-9904 for your free case review.
What Should You Do if You Are Injured While Working?
If you’re injured on the job in Charlotte, North Carolina, you should know that the state’s workers’ compensation laws protect employees who suffer workplace injuries. You do not have to prove fault for your accident to receive these benefits.
The moment you sustain a work-related injury, you should report the incident to your employer. Whether it’s a minor incident or a more severe injury requiring immediate medical attention, informing your employer is a critical first step.
Make sure you prioritize your health and safety, and seek medical attention, whether on-site or off-site. After receiving initial treatment, provide details of your injury to your healthcare provider, specifying that you injured yourself at work and letting them know who your employer is; this allows the healthcare provider to bill any treatment given to you as a workers’ compensation claim.
As soon as you feel comfortable after receiving medical treatment, but within thirty days after occurrence, you must give written notice to your employer of your injury and the medical treatment you’ve received because of it. A simple written or emailed statement with brief details should suffice.
Your employer typically initiates the workers’ compensation claims process. It is their responsibility to report the injury to their workers’ compensation insurance carrier, which is a crucial step in ensuring you receive the benefits and support you are entitled to. While it is usually on your employer to initiate a workers’ compensation claim on your behalf, there are situations where this process may not occur as expected:
- Denial or Failure to File:Your employer might deny the occurrence of the accident or fail to file the necessary paperwork on your behalf.
- Incomplete Benefits:You may discover that you are not receiving all the benefits you expected or are entitled to.
In these cases it becomes essential to take action to protect your rights and interests. If your employer does not initiate the claim process, you may need to take the initiative yourself. Consult with your state’s workers’ compensation board or seek legal counsel from a Workers’ Comp Attorney in Charlotte, NC. They can help you understand your rights, assess the situation, and guide you through the process, ensuring you receive the compensation and benefits you deserve.
When To Hire a Workers’ Comp Attorney?
An on-the-job injury can really disrupt your life, and the added work of filing a workers’ compensation claim can be stressful.
Hiring a workers’ compensation attorney can significantly impact the outcome of your case. Our attorneys at George Sink, P.A. Injury Lawyers can help when:
1. Your valid claim is denied by your employer
2. You do not receive the correct amount of benefits
3. Your benefits are prematurely cut off or ended
4. You need help filing a claim or an appeal
5. You need someone to review your claim for eligibility
Are You Eligible for Workers’ Compensation in Charlotte, NC?
Most businesses in North Carolina are required to offer workers’ comp benefits to all of their employees. If you work for a company with three or more employees and you suffer an injury on the job, you are eligible for workers’ comp.
Corporations, LLCs, sole proprietorships, and partnerships are all required to provide workers’ compensation insurance to full-time employees, part-time and seasonal employees, and subcontractors.
Some types of employment do not typically qualify for workers’ comp in Charlotte. These include household employees, railroad employees, and casual employees that do not work regular hours.
What Workers’ Compensation Benefits Can You Receive?
If you’re eligible for benefits, the next question that arises is, “What should I be getting?”
You may think you should be getting one thing, while your employer or their insurance company thinks you should be getting something else. That’s why it can be helpful to consult a North Carolina workers’ comp lawyer.
There are seven forms of workers’ compensation benefits in Charlotte, North Carolina, to which you may be entitled:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Partial Disability
- Total and Permanent Disability
- Disfigurement
- Medical Care
- Workplace Wrongful Death Benefits
In order to receive these benefits, your employer’s insurance company must accept your claim. If you need help filing a claim, have had your claim rejected, or you’re not sure you are getting all the benefits you should be entitled to, we urge you to contact George Sink, P.A. Injury Lawyers,
How Much Does Workers’ Comp Pay and Does Workers’ Comp Pay Full Salary in Charlotte, NC?
In general, workers’ comp in North Carolina will pay for all medical care, if approved. This includes all office visits, co-pays, procedures, and prescriptions. Workers’ comp will generally pay two-thirds of your weekly wages if you were injured on the job.
You will typically receive these benefits until your case is resolved, or until you heal and return to work.
What Does Workers’ Compensation Not Cover in Charlotte?
Only injuries caused by an accident that arose from employment are compensable under the NC workers’ comp system. In fact, of the two of the main contested issues in workers’ comp cases are:
- Whether an injury was caused by an accident or not
- Whether an employee was on the job when the injury occurred
Workers’ comp may be denied if it’s proven that an injury was intentionally self-inflicted or not caused by accident. Back injuries are an exception. They are compensable in North Carolina if they arise out of a specific traumatic incident, regardless of whether there is an accident. Workers’ compensation will not cover mental or emotional damage.
Can You Be Fired if You File a Workers’ Comp Claim or While You Are on Workers’ Comp?
In the state of North Carolina, your employer cannot legally fire you if you’re on workers’ comp or if you file workers’ comp, whether you win your claim or not. This provision shields workers from employer retaliation in the event of a workplace injury or illness. However, North Carolina is an at-will employment state, so it’s possible your employer will fire you while you’re on workers’ comp for other listed reasons, like being unable to do the job you were hired for.
An employer can be monetarily penalized for any measures taken against an employee on a workers’ compensation claim. In situations where complications or disputes arise regarding your workers’ compensation claim, it’s important to know your rights, take advantage of them, and hire an attorney to fight for your workers’ comp claim and benefits.
How to Apply For Workers’ Compensation?
After you report your injury to an employer and get the medical treatment you need, you typically don’t need to do much else in order to apply for workers’ compensation. Workers’ comp is typically filed by the employer. When you visit your healthcare provider, be sure to tell them you’re receiving treatment because of an injury sustained on the job, and that provider will bill all treatment as a workers’ comp claim.
Why Would a Workers’ Comp Claim Be Denied and What Should You Do?
A workers’ comp claim can be denied for a few different reasons, including:
- Severity and type of the injury
- The claim was submitted incorrectly or incomplete
- Your employer disputed the claim
- Your injury occurred off-site or because of a pre-existing condition you had prior to the job
- The injury is not work-related
- You did not seek medical treatment at all, or in a reasonable time frame
- During the time of injury, you were under the influence of drugs or alcohol, impairing your decisions and movement
When faced with a denied workers’ compensation claim, it’s highly advisable to reach out to an experienced workers’ compensation attorney immediately. A North Carolina workers’ comp attorney can guide you through the appeals process, which often allows for multiple levels of appeal if necessary.
How Long Do You Have To Report a Work Injury in Charlotte, NC?
In general, you must report a work injury immediately, and notify your employer in writing within 30 days or one month from the date the accident occurred. This constitutes appropriate notice to your employer and the insurance company providing benefits. A failure to notify your employer in a reasonable time frame may result in your claim being denied or your benefits being reduced.
How Long Does an Average Workers’ Comp Settlement Take?
There is no specific timeline for workers’ comp claims in North Carolina, including in Charlotte. How long it takes depends on a myriad of factors, including the type of injury, whether your employer disputes the claim, and how long your treatment takes. A case can take an average of anywhere from six months to multiple years.
How Long Does It Take To Get Workers’ Comp Checks?
Typically, most employees can expect to receive their weekly workers’ compensation checks within a few weeks of filing their claim. Once your claim is approved, you should start receiving benefits within two weeks . If your claim is denied, or your employer disputes your claim, it may take much longer to receive any workers’ comp benefits.
If you’re unsure how long it might take to receive the workers’ comp checks you need, we recommend reaching out to an experienced workers’ comp attorney in Charlotte, NC.
How Long Can You Receive Workers’ Comp Benefits?
How long you receive workers’ comp benefits depends on the type of injury, its severity, your medical treatment needs, and how long you will be unable to work.
According to the North Carolina Workers’ Compensation Act, a worker injured on the job can receive up to 500 weeks of total and permanent partial disability benefits during recovery, up until you are able to return to work. However, in cases of injuries that permanently prohibit you from working, you may be eligible for lifetime permanent total disability benefits.
What if You Can’t Return to Your Job After an Injury?
Sometimes certain work injuries, like ones that involve permanent disabilities or disfigurements, render you unable to do your job as you once did. If this happens, the insurance company providing workers’ comp benefits is legally required to help you find a new job within those restrictions.
What Are Common Causes of Workplace Accidents in Charlotte, NC?
Some common causes of accidents in the workplace include:
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What Are the Most Common Workplace Injuries in Charlotte, NC?
The most common types of accidents in the workplace include:
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What Is the Average Workers’ Comp Settlement in Charlotte, NC?
The average workers’ compensation in Charlotte, North Carolina is roughly 66% of your average weekly wages while you are injured. How much that is depends on your existing salary, and anything else you may receive on top of that depends on the severity of your injury.
What Should You Watch Out for When Dealing With the Workers’ Comp Adjuster?
Workers’ comp adjusters work for the insurance company, and are always looking for ways to dispute or reduce your claim to save them money. Some workers’ comp adjuster tricks to look out for are:
- Trying to get you to say you’re at fault
- Trying to get you to speculate or provide opinions
- Asking you to accept a quick settlement offer
- Scheduling an independent medical exam
- Demanding a recorded statement
- Using threats or tactics to pressure you into something
- Refusing to answer any questions or concerns
- Blaming your injury on pre-existing conditions or personal behavior
If you are unrepresented, workers’ comp adjusters may view you as easier to manipulate. By working with an experienced workers’ comp attorney, you can ensure your interests are safe. An attorney can handle any communication with the adjuster to avoid any of their usual tricks.
Can You Work While on Workers’ Compensation in Charlotte?
Possibly, yes. As a result of your injury you have medical bills and other expenses to pay for, and workers’ comp only provides you with two-thirds of your weekly wages. Although the goal of workers’ compensation is to keep you on your feet while you cannot work, you may have the option of doing light duty work. This involves modified job requirements, reduced hours, and lower pay compared to your pre-injury position.
While on light duty, you may earn less than you were prior to the accident, and your new wages may be supplemented with workers’ compensation benefits. This helps bridge the gap between your current income and what you earned before their workers’ compensation claim. However, if you return to work at full, normal capacity, you will stop receiving workers’ comp.
Will You Have To Undergo an Independent Medical Examination for Workers’ Compensation?
When pursuing a Workers’ Compensation claim in Charlotte, NC there may be a requirement for an Independent Medical Examination (IME) as part of the claims process. These are performed by a physician other than your normal treating doctor.
At times, if the insurance company disagrees with your claim they may request an independent medical examination and send you to a doctor of its choosing in the hopes of getting a report more favorable to their side of the claim. During the examination, the IME doctor will evaluate your injury, its severity, and your progress in recovery.
If an IME is requested by an insurer, you generally must attend in order to continue eligibility for ongoing workers’ compensation benefits. Navigating this process while successfully protecting your rights can be difficult. It’s advisable to consult with a skilled workers’ comp attorney in North Caroline who can provide guidance and safeguard your best interests.
Our Workers’ Comp Attorneys Are Ready To Serve Your Case in Charlotte, NC
At George Sink, P.A. Injury Lawyers, our attorneys have worked on over 50,000 cases like yours. We know what it takes to review and prepare a case to get our clients all of the workers’ compensation money and benefits they deserve.
If you are injured on the job in Charlotte, North Carolina, your employers are required to give you workers’ compensation benefits while you recover. No matter how the accident occurred or what type of physical injury you have, you have the right to workers’ compensation.
We get results for our clients in North Carolina, and we help you fight for the full benefits you are owed by your employer. Reach out to us for a free case review and get started with your claim today.
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