After a workplace accident, you may need short- or long-term medical care, and you may be unable to earn the salary that your family depends on to make ends meet. A Morganton workers’ compensation lawyer from our firm wants to fight for the money you need and deserve.
Workers’ compensation insurance provides workers with financial support after an accident. However, getting this money often involves navigating many laws and paperwork – all of which our team would be happy to help you with.
In This Article
Filing for Workers’ Compensation
Per the North Carolina Industrial Commission (NCIC), steps for filing a workers’ compensation claim include the following:
Get Medical Care
Your health comes first. After an injury, make sure you seek immediate treatment from the nearest available facility. This may be:
- Your workplace’s healthcare provider
- A family physician
- A hospital
When receiving treatment, tell your medical provider that your injury occurred due to a workplace accident or incident. This will connect the injury to your work right away, and it will enable the provider to bill your employer’s workers’ compensation insurance, not you, for your care.
Report the Injury
Once you are out of immediate danger, tell your employer about the accident and the resulting injury. You must do this within 30 days of the injury. You can report to anyone above you in the company, including:
- Your supervisor
- Your manager
- The company’s owner
There may be deadlines associated with filing your claim, so it is best to make your report as quickly as possible. This includes both an informal oral or written report, as well as the formal submission of NCIC Form 18. If you are filing based on an occupational disease, including COVID-19, you will want to report this to your employer as soon as you receive a formal diagnosis.
If all goes well with your application, you can receive benefits promptly and continue to receive those benefits until you are well enough to return to work.
For a legal consultation with a workers’ compensation lawyer serving Morganton, call 828.286.3866
What Happens If Your Application Is Denied?
Unfortunately, many things can go wrong with a workers’ compensation application. For example:
- You submitted the wrong form, filled out the correct form incorrectly, or missed the filing deadline.
- Your employer or their insurance company does not acknowledge that your injury stems from a workplace accident or denies that the accident happened at all.
- Your employer or their insurance company tries to end your benefits before you are ready to return to work.
- Your employer or their insurance company denies a particular medical treatment, claiming that it will not help you heal or improve your quality of life.
A workers’ compensation lawyer in Morganton can manage your entire claim from start to finish. This could reduce the chances of your claim being denied on technical grounds, and if you do run into trouble, you would have a professional to guide you through the process of appealing your denial.
Morganton Workers’ Compensation Lawyer Near Me 828.286.3866
We Want You to Get Your Workers’ Compensation Benefits
Farmer & Morris Law, PLLC is proud to help North Carolina workers receive the workers’ compensation they need and deserve. Our entire team – not just our workers’ compensation attorneys – takes our responsibility towards your well-being very seriously. Among the tasks we can help you with are:
- Filing paperwork: We know which forms to file under which circumstances, who to send them to, and the applicable deadlines.
- Collecting evidence: For example, we can ask a medical provider for a statement if they find you are not yet fit to return to work and should continue to receive benefits.
- Negotiating after a denial: If any part of your claim is rejected, your lawyer can sit down with your employer or their insurance company and work toward an agreement that all parties can live with.
- Deferring legal expenses: We never charge attorney’s fees until after our clients receive compensation. There are no upfront costs to retain our services.
Still have questions? Prospective clients are always welcome to contact our office for a free case review. A member of our team would be happy to address your questions and concerns.
What does Workers’ Compensation Insurance Cover?
The North Carolina Workers’ Compensation Act (NCWCA) guarantees both financial and medical compensation in case of employee injury. Financial compensation refers to:
- The monetary worth of any physical pain or inconvenience you suffered due to the accident
- The monetary worth of permanent disabilities
- A percentage of your usual wage
Medical compensation refers to the treatment you need (or will need in the future) to recover from your injury as much as possible. This may include the cost of:
- Hospital visits
- Home nursing
- Temporary assistive devices (e.g., crutches)
- Vocational rehabilitation training
In addition, if the accident damaged an assistive device that you regularly use (e.g., a hearing aid or an artificial limb), you may be reimbursed for the expense of replacing that device if you suffered another compensable injury.
Death Benefits Under Workers’ Compensation
If a worker dies from their injuries, their survivors may be entitled to death benefits and funeral expenses. Our firm would be honored to represent you in this matter and pursue the compensation your family is entitled to receive.
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Do You Qualify for Workers’ Compensation?
For you to receive workers’ compensation benefits, your case must meet the NCWCA’s definitions of both “employee” and “injury.” If you have doubts regarding your eligibility status, Farmer & Morris Law, PLLC can assess your situation at no cost or obligation.
What Is an Employee?
An “employee” is someone who is “engaged in an employment.” The only exceptions are those engaged in certain fields, such as volunteer workers at a nonprofit corporation. Even minors and undocumented immigrants are eligible for workers’ compensation.
What Is an Injury?
An “injury” refers to harm resulting from an accident that occurred while you were performing your regular job duties. For example, if you climb ladders as part of your job duties and were injured after falling from a ladder, you could qualify for workers’ compensation.
Get Help with Your Workers’ Compensation Case
If you live or work in Morganton, North Carolina and want assistance with your workers’ compensation case, call Farmer & Morris Law, PLLC today. A lawyer from our firm can guide you through the application process and fight for your rights. You can reach our Morganton office, day or night, at (828) 438-8418.