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If you got hurt or sick on the job in Asheville and cannot work as a result, you might be eligible for workers’ compensation benefits. The North Carolina workers’ compensation rules are strict. If you miss deadlines or do not comply with certain requirements, you could be denied disability benefits.
If you are dealing with injuries or an illness significant enough to keep you from working, you should not have to jump through bureaucratic hoops to get the help you need. A personal injury lawyer in Asheville from Farmer & Morris Law, PLLC could help you navigate the administrative process. We encourage you to reach out to our team today because of how certain deadlines may affect your case.
You can call us today to get started. The initial consultation is free, and there is no obligation.
Acquiring Workers’ Compensation Benefits for Past Clients
Farmer & Morris Law, PLLC is a personal injury law firm that handles a wide range of cases. We have helped over 10,000 clients with their legal issues. We have helped injury victims secure financial compensation for their injuries and losses, families establish fair visitations, and workers like you obtain the disability benefits they rightly deserve.
With a 4.9/5 rating with Google Reviews, our clients have said the following about the legal representation we have provided to them:
- “Gabrielle R. Valentine, from start to finish proved to be an exceptional choice handling my legal matters. She’s forthright, consistent, informed, and trustworthy. Needless to say, everything worked out very well…Highly Recommendable!” — Pamela S.
- “Gabrielle and her team made it very easy to navigate my court issues. They helped when I thought no one else could. Gabrielle came prepared each court appearance and we were finished within 3 court dates with the results we wanted! I’m so thankful I hired Gabrielle too handle this for me!” — Heather Haglund
You can learn more about our service during your initial consultation. During the consultation, a member of our staff will listen patiently to the circumstances in your case. From there, our workers’ compensation attorneys in Asheville can investigate your case and develop a claim for your benefits. More importantly, we can get started on your case with no money down. We’ll handle your case on contingency, meaning you pay nothing unless we win.
Our goal is to provide you with the best possible legal representation without adding any additional stress on you and your family. You will get the time to recover from your injuries while we manage your case. Plus, we keep you updated throughout the claim process. If you have any questions or concerns, you can reach out to us at any time. We’ll return your calls and ensure you are given the information necessary to make informed decisions on your case.
An Overview of Workers’ Compensation in North Carolina
The North Carolina Industrial Commission manages workers’ compensation claims in our state. When a worker suffers an injury on the job or contracts a work-related illness, workers’ compensation rules require that you report the injury or illness to your employer right away.
The commission explains that you, the employee, should report an injury or illness immediately, both orally and in written form. Your employer likely has a form you should use to make this report official. The same source specifies that you must make your report to your employer within 30 days of the incident or your discovery of the injury.
Your boss must give you a Form 18 for you to complete and send to the commission. Your employer must also send the commission a Form 19. Both forms notify the commission of the workers’ compensation claim. Employers who self-insure or carry workers’ compensation insurance must post an informational notice in a place where other workers can see it on these procedures to receive workers’ compensation benefits.
How to Identify Your Employer’s Workers’ Compensation Carrier
After notifying your boss of the injury or illness, you can take these steps to find out which insurance carrier handles your workplace’s compensation coverage.
You can:
- Search the Insurance Coverage Search System, which is an online search tool
- Assert a workers’ compensation claim against your employer by filing a Form 18
- Read the insurance carrier information in the acknowledgment letter that the North Carolina Industrial Commission sends you after your employer or its carrier files a Form 19 that provides notification to the commission of your injury
- Contact the commission and request this information
Sometimes, the employer will provide the insurance carrier information upon the request of the injured or ill worker. An Asheville workers’ compensation lawyer at Farmer & Morris Law, PLLC can help you prepare your claim for benefits.
If you have suffered an injury or illness at your place of work, you can file a workers’ compensation benefits claim, no matter how long you have been working there. If you have questions, concerns, or looking for assistance, you can call us today for a no-cost consultation. A lawyer from our office can help you and your family get the benefits you need for medical care and lost income.
Medical Treatment in Workers’ Compensation Cases
While you can go to your regular doctor to get treatment for your condition, it may not be covered by your employer. Under a workers’ compensation claim, your employer or its workers’ compensation insurance company will designate which healthcare providers you can see for the evaluation and treatment of your injury or illness. If you use the approved medical providers, workers’ compensation will pay for the cost of your medical care.
If you go to someone who is not on the list of approved providers, you might have to pay those medical bills out of pocket. When there is a good reason to change health care providers or get treatment from a doctor or hospital who is not on the list, the employee can ask the North Carolina Industrial Commission for approval.
It is usually a good idea to obtain permission before going to a doctor or hospital that is not on the list of approved providers. You take the risk of having to pay these medical bills on your own if you obtain treatment before you receive written permission from your boss, the insurance company, or the commission.
If you have a medical emergency and your employer’s coverage does not provide the treatment you need, you can go to a doctor or hospital of your choice. You can only receive the initial care from this provider and not ongoing treatment unless approved in advance. Also, if you had to go “off-list” for an urgent medical situation, you should petition the commission right away to approve the expense.
How Workers’ Compensation Pays Lost Wages
If you can complete all these tasks and the commission approves your petition for benefits, workers’ compensation pays you 66 2/3 percent of your average weekly wages. Your lost wages are covered up to the current maximum if you are out of work and meet specific guidelines per the North Carolina Workers’ Compensation Act. The amount of the weekly limit gets adjusted annually.
Your first lost wages check will not include compensation for the first seven days that you missed from work. If your disability runs longer than 21 days, you will get payment for days one through seven retroactively. Temporary total disability weekly lost wages are awarded until you are able to return to work but terminate after 500 weeks, per N.C. Workers’ Compensation Act § 97-29.
Permanent Partial Disability Benefits
The employee can be eligible for what is known as permanent partial disability benefits when their injury or illness causes one or more of the following conditions:
- The worker is no longer able to earn the same amount of money as before the injury, regardless of the type of employment they can now perform
- The employee suffered a partial or total loss of use of a member of the body
To qualify for permanent partial disability benefits, the disabled worker must undergo an examination by an approved physician and receive an impairment rating. An impairment rating is presented as a percentage of the employee’s disability. The more harm the employee suffers, the higher the impairment rating.
The North Carolina Industrial Commission will use the impairment rating and earnings information to calculate the amount of benefits the worker will receive for their permanent partial disability.
Options if Your Employer Denies Your Workers’ Compensation Claim
Sometimes, an employer will deny liability or refuse to acknowledge a workers’ compensation claim. If that happens, the employer is supposed to notify you, your lawyer, the North Carolina Industrial Commission, and all the involved healthcare providers. They must provide a detailed explanation of the reason for the denial. We can advocate for you in this event.
Third-Party Lawsuits May Also Be an Option
You may find that your case also allows you to pursue a third-party lawsuit. If your injuries were the result of negligence due to another party on the job, such as another subcontractor, you may have the grounds to pursue compensation against that party in addition to receiving workers’ compensation benefits. Our personal injury lawyers can review your case and explain your options.
However, your time to file a third-party lawsuit is limited to three years under N.C. Gen. Stat. § 1-52. We advise that you contact us as soon as possible so that we can begin developing your case.
Call Farmer & Morris Law, PLLC About Your Asheville Workplace Injury
You do not have to go through this legal process on your own. You can have an Asheville workers’ compensation attorney on your side.
You can call Farmer & Morris Law, PLLC, today to get started.
