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If you suffered a workplace accident, you can file a workers’ compensation claim to seek recovery for your medical expenses and a portion of your wages. You can also file a claim if you suffered a work-related illness. Our Gastonia workers’ compensation lawyers can handle the entire filing process.
At Farmer & Morris Law, PLLC, we have served over 10,000 clients over the years, so our attorneys know how to make your voice heard. We will also explore other options for financial recovery, such as a third-party liability lawsuit.
Our North Carolina workers’ compensation lawyer team will fight for the benefits you need. Call today to schedule a free consultation.
Our Gastonia Workers’ Compensation Attorneys Put You First
When you choose to work with our firm, we prioritize your case. We never want you to feel like another case file on a desk. Our workers’ compensation attorneys in Gastonia tailor a legal strategy to suit your individual situation.
At our law firm, we work on a contingency-fee basis. We do not charge upfront fees to start working on your case. Instead, we take a percentage of any potential compensation we win in your case.
This arrangement allows us to get started immediately without exposing you to further financial risk.
How Does Workers’ Compensation Work?
Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill because of their jobs. Instead of filing a lawsuit against their employer, injured workers can typically receive medical care and wage replacement benefits through the workers’ compensation system, regardless of who caused the accident.
Once you report your injury to your employer, they’ll send the claim to their workers’ compensation insurance company. An insurance adjuster will review what happened and decide whether your claim qualifies for benefits. If it’s approved, workers’ compensation can help cover certain expenses.
What Workers’ Compensation Covers in North Carolina
The North Carolina Industrial Commission (NCIC) requires most employers in North Carolina to carry workers’ compensation insurance. Generally, workers’ compensation benefits cover medical expenses and two-thirds of your weekly wages, up to an annually adjusted maximum.
Different types of benefits apply depending on how your workplace injury affects you. Our Gastonia workers’ compensation attorneys can determine which of the following benefits apply to your case:
- Temporary disability
- Permanent disability
- Vocational rehabilitation
- Death benefits
Workers’ compensation benefits would not apply in certain circumstances, though. For example, if the accident occurred when the worker was technically off duty, you would have to explore other options for seeking compensation.
If You Receive a Denial of Workers’ Compensation Benefits
If your claim for workers’ compensation benefits is denied, you still have options. First, you must notify the NCIC that you want to appeal. You can request an administrative hearing before the NCIC by filing Form 33.
The NCIC requires you to participate in mediation with your employer. If you proceed with the hearing, you will present evidence and undergo questioning and cross-examination before an NCIC Deputy Commissioner. If you are unsatisfied with their decision, you have 15 days to request an appeal with the three-judge Full Commission.
Our Gastonia workers’ compensation lawyers can help you navigate the appeal process. We will gather additional evidence to present in your hearing by consulting with your doctors and other professionals.
Common Types of Workplace Accidents That Qualify for Workers’ Compensation
Workplace accidents can happen in any job, whether you work in an office, on a construction site, in a warehouse, or on the road. Workers’ compensation benefits are available for many types of job-related injuries, as long as the accident happened while you were performing your work duties.
Common workplace accidents that may qualify for workers’ compensation include:
- Slip and fall accidents: Wet floors, uneven surfaces, loose cords, poor lighting, and other hazards can cause serious injuries such as broken bones, back injuries, or head trauma.
- Falls from heights: Employees working on ladders, scaffolding, roofs, or elevated platforms face a higher risk of severe injuries, including spinal cord injuries and traumatic brain injuries.
- Burns and electrical injuries: Workers may suffer burns from fires, hot surfaces, chemicals, steam, or electrical accidents on the job. Our experienced Gastonia burn injury lawyers offer compassionate legal support.
- Machinery and equipment accidents: Malfunctioning equipment, missing safety guards, or improper machine operation can lead to crushing injuries, amputations, burns, and other life-changing injuries.
- Overexertion injuries: Repeated lifting, pushing, pulling, or carrying heavy objects can cause muscle strains, herniated discs and back injuries linked to a specific time frame at work.
- Repetitive stress injuries: Performing the same motions every day may lead to conditions such as carpal tunnel syndrome, tendonitis, or chronic joint pain.
- Motor vehicle accidents: Employees who drive as part of their job may qualify for workers’ compensation if they are injured in a work-related crash. Our Gastonia car accident lawyers can handle your case.
No matter how your injury happened, reporting the accident promptly and seeking medical treatment are important first steps. Our experienced workers’ compensation attorneys in Gastonia can review the circumstances of your accident.
What to Do After a Workplace Accident to Protect the Value of Your Claim
The steps you take after a workplace accident can have a significant impact on your workers’ compensation claim. Acting quickly helps protect both your health and your right to benefits. By taking the right actions from the start, you put yourself in the best position to recover the medical and wage replacement benefits you deserve.
Prioritize Your Medical Care
Nothing is more important than getting your health back after a workplace accident. See a doctor immediately after an accident, even if you do not need emergency room care. Your employer’s insurer may require you to see an authorized physician of their choice.
Follow through with your prescribed treatment plan. Doing so will allow you to reach your maximum medical recovery, which affects your workers’ compensation benefits. Your medical records also serve as key evidence in your claim.
Inform Your Employer of a Workplace Injury
Notify your supervisor or employer as soon as possible after the accident. Waiting too long to report your injury may create questions about when and how it happened, which can complicate your claim. Be sure to follow your employer’s reporting procedures and provide accurate details about the incident.
Document Everything
Hold on to copies of anything related to your injury, including emails or letters about your claim. If you can, take photos of the accident scene and your injuries. Write down the names and contact information of anyone who saw what happened.
When You Could File a Personal Injury Lawsuit After a Workplace Accident
Some workplace accidents occur due to the negligence of a third party, such as a contractor, vendor, or manufacturer. In these cases, we may suggest filing a personal injury lawsuit. Our legal team can determine the cause and contributing factors in your workplace injury accident and take legal action against a liable third party.
For example, if defective workplace equipment led to your accident, we can pursue the manufacturer. Similarly, if a third-party motorist hit you while on the job, we can work to hold them accountable for your losses.
Legal Services Our Gastonia Workers’ Compensation Team Offers
You deserve to rest and focus on your physical recovery, not hassle with a lengthy and complicated filing process. When you work with our workers’ compensation team, we can handle all the paperwork for you.
Our Gastonia workers’ compensation attorneys can also:
- Consult your medical providers to gather key evidence for your claim
- Meet any required deadlines
- Handle all communications with the insurer and the NCIC
- Represent you in an NCIC hearing if needed
We understand that each case is unique, and we will review your records with a fine-toothed comb to accurately account for your losses. When you work with Farmer & Morris Law, PLLC, you can expect personalized attention to detail.
Let Our Gastonia Workers’ Compensation Team Help You
You do not have to prove your employer’s negligence to file a workers’ compensation claim. Regardless, it is a complicated undertaking, but you have the right to hire a lawyer. With Farmer & Morris Law, PLLC, on your side, you focus on healing from your injuries; we handle the legal process.
Call us to learn more about how our Gastonia workers’ compensation lawyers can help you.
