If you or someone you love was injured at your job, you have the legal ability to seek financial compensation and medical benefits. You have this same ability if you have been diagnosed with certain debilitating illnesses or diseases resulting from your employment. When you take this step, our workers’ compensation team takes it with you and helps you seek compensation for your loss of income and required medical care.
If you run into obstacles or your employer disputes your claim, applying for workers’ compensation benefits can be intimidating. Our McDowell County workers’ compensation lawyer at Farmer & Morris Law, PLLC can ensure you understand how the process works. We can help you gather documents for your claim and understand your rights and responsibilities, as well as those of your employer.
Defining Workers’ Compensation in North Carolina
North Carolina uses a worker’s compensation law to provide funds to individuals injured on the job. Workers’ compensation coverage specifically allows you to receive damages to cover your medical expenses and lost wages.
Generally, you only qualify for these benefits if you sustained an injury while on the job. Workers’ compensation only covers lost wages if you are unable to return to work after sustaining an injury.
Commonly Reported Employment-Related Injuries and Illnesses
While some careers are more dangerous than others, any type of employment can have inherent dangers. The Centers for Disease Control and Prevention (CDC) lists illnesses that can stem from the workplace, including work-related asthma, occupational cancers, and traumatic incident stress. According to data from the National Safety Council (NSC), the most commonly reported workplace injuries include:
- Non-impact injuries, such as overexertion from lifting and carrying
- Repetitive motion injuries, such as carpal tunnel syndrome
- Slip, trip, and fall injuries, including same-level and higher-level, falls
- Being struck by moving objects and machinery
- Being caught in machinery or equipment
It is important to know your legal rights, the type and amounts of benefits you are entitled to, and the process of applying for compensation. If you suffered a disabling injury or were diagnosed with a work-related disease, we can guide you through the workers’ compensation application process or help you file an appeal if your initial application was rejected.
The initial process of filing a claim includes notifying your employer and having them file paperwork. However, this does not always go smoothly. We can help if your employer or the insurance company disputes or denies your claim.
Most Common Types of McDowell County Workers’ Compensation Claims
You may sustain an injury while working in any career in McDowell County. However, some individuals are more likely to get hurt on the job than others. Our team steps in to help with these common types of workers’ compensation claims:
Construction Accident Claims
Construction workers often face daily hazards when they go to work. Construction sites contain numerous hazards, especially if the owners of the site do not set up appropriate safety features. Workers may get hurt by:
- Large machinery
- Electrocution from live wires
- Dangerous chemicals used on the job site
Our team puts you first in all of these situations, focusing on the events that led directly to your injuries.
Healthcare Accident Claims
Many people do not realize the many dangers faced by individuals in the healthcare field. Doctors, nurses, and other healthcare workers could get hurt by patients or be exposed to dangerous substances in the workplace.
Third-Party Accident Claims
Sometimes, you get hurt on the job due to a third party’s actions. For example, let’s say that you were working on road construction. A driver ignored warning signs and yellow cones, crossing into the active work area and striking you.
In this situation, you may file a third-party claim with the driver who struck you because they entered your workplace and caused the wreck.
Prove the Cause of Your Injury or Illness
When our workers’ compensation team handles your claim, our goal is to get the benefits you deserve. We explain the entire process and timeline, address your questions and concerns, and help you prove the cause of your injury by assembling and organizing:
- Medical records
- Incident reports
- Accident reports
- Witness statements
We also make sure you understand the importance of using your employer’s medical team versus your own insurance. In addition, we help you prove your regular income and the income you lose when you cannot work because of your injuries or illness. The evidence we can use can include pay stubs, tax records, and other financial documents.
You do not have to prove that your employer’s negligence caused your injuries to receive benefits. In general, if you suffered injuries at work and you work for a covered employer, you should be able to get medical care coverage, wage loss benefits, and more while you are off because of your injuries.
If you have an illness or chronic injury, the doctor treating you must conclude that it occurred because of your work. Medical documentation will still support a workers’ compensation claim as long as your medical records indicate a work-related diagnosis.
Benefits of Working with Our Workers’ Compensation Attorney
Employees injured in McDowell County, North Carolina, can hire our workers’ compensation team. We can clarify your right to compensation based on your record of employment and the cause of your injury. We will also:
- Organize and present all case-related documents
- Inspect medical reports
- Obtain photo and video evidence
- Locate and interview witnesses
- Ensure all relevant deadlines are met
Submitting a Form 18 establishes your legal claim of injuries and request for benefits. Because Form 18 is a critical part of your workers’ compensation claim, we ensure yours is complete, accurate, and signed before it is submitted. We can handle this process if your employer refuses to or there are other obstacles in your way.
We also file appeals on behalf of clients who have already received a denial. Our Farmer & Morris Law, PLLC team will file the necessary paperwork and represent you at any relevant hearings and court dates. We will investigate what happened and document your injuries, building strong support for your workers’ compensation claim.
Our Workers’ Compensation Attorneys Work on a Contingency-Fee Basis
We not only offer complimentary assessments for injured workers but also manage workers’ compensation claims and appeals on a contingency basis. This means we do not charge our clients anything upfront. Instead, we pay for the investigation, filing, and any additional costs. Then, we get paid from the compensation they receive. If we do not win their case, we will not get paid.
To learn more about how Farmer & Morris can help, read our testimonials.
Workers’ Compensation Benefits You May Qualify to Receive
North Carolina requires businesses with three or more employees to carry workers’ compensation insurance, according to North Carolina Industrial Commission (NCIC) regulations. When you are injured at work or contract a work-related illness and cannot work during your recovery, we help you seek the following benefits:
- Required medical expenses
- Healthcare-related travel expenses
- Lost wages after seven days of disability
- Death benefits, where applicable
While getting coverage for your medical care is crucial to ensuring you get the necessary treatment and support to heal, most people are concerned with the wage loss benefits. This provides around two-thirds of your previous take-home pay, up to a maximum set by state guidelines. These benefits begin after a week of missed work. You can get paid for the initial seven days you missed if you are out for 21 days or more.
Our Team Ensures Your Paperwork Is Filed on Time
Timely notifications, applications, answers, and payments help foster your access to medical care and your ability to support yourself and your family throughout your recovery. We also make sure your notice to your employer, your application for benefits, and your employer’s response are made within the allotted time.
We understand that getting workers’ compensation benefits in McDowell County is vital to keeping your bills paid and taking care of your family while you are unable to work or cannot work at your previous capacity because of an on-the-job injury or related illness. We want to help you get the compensation and other benefits you need and deserve during this difficult time.
Get Information About Lawsuits and Workers’ Compensation Claims
Generally, North Carolina does not allow you to sue your employer for an on-the-job injury.
A lawyer can review possible exceptions to this rule with you if you want to learn more. For example, you may get an exception if your employer caused your injury through an intentional act. Review these factors and more with your McDowell County workers’ compensation attorney.
Additionally, you may have the legal right to file a lawsuit if a third party caused the accident that led to your injury. Anyone not directly acting as your employer may count as a third party. For example, let’s say your accident occurred due to a piece of defective equipment.
In this situation, you may file a claim with the company that manufactured the equipment.
Past Clients Talk About Our Client-Focused Approach
Getting the financial benefits you need can positively influence your recovery. Knowing you have coverage for your medical treatment and will be getting a weekly check despite missing work can significantly reduce your stress and allow you to focus on your injuries.
Our team understands that and strives to handle all parts of the claims and appeals processes for our clients so that they can put their efforts into getting back to good health and returning to the workforce.
When they talk about our supportive team, clients we have helped manage the financial compensation process say:
“I have used his services as well as seen him represent others in court situations. He represents his clients well and is very professional. I have been in business 35 years, and he is one of the most intelligent attorneys I have used over this time span.” – Gene
“He was so easy to talk to and was a great and focused listener. He made me feel confident in the case and totally optimistic… He won the case for me, and I was so comfortable during the entire questioning. I recommend him highly to anyone.” – Jayne
“We had multiple companies involved in a complicated legal matter. He patiently walked us through all the issues involved and helped guide us through every step of the way… I will definitely be using Josh again for all future legal issues.” – A Civil Litigation Client
Getting McDowell County workers’ compensation benefits does not have to be tedious or frustrating. When you are ready to apply for workers’ compensation or file an appeal, our team is ready to support you and fight for your financial recovery.
We can also review the facts of your incident to determine if your workplace injury might support a third-party civil claim. This may be possible if someone besides your employer or a co-worker caused your accident and injuries.
We Will Seek the Workers’ Compensation Benefits You Are Entitled to
If you were injured or became ill at work, our workers’ compensation attorney will help you fight for the benefits you are entitled to under North Carolina law. Contact our Farmer & Morris Law, PLLC, team to review your workers’ compensation case by calling (828) 286-3866 today.