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If you are trying to recover from a workplace injury, our Mills River workers’ compensation lawyers at Farmer & Morris Law, PLLC can pursue the benefits available to you and respond when the carrier delays treatment, denies the claim, or tries to stop your checks.
Our six attorneys have represented more than 10,000 clients in North Carolina and South Carolina. We handle work injury claims involving accidents, occupational diseases, medical disputes, disability benefits, and permanent impairments.
Contact us for a free consultation with a North Carolina workers’ compensation lawyer.
Does North Carolina Workers’ Compensation Cover Your Injury?
Workers’ compensation generally covers an injury by accident arising out of and in the course of employment. You do not need to prove that your employer was negligent, but you must establish that the injury meets North Carolina’s requirements.
Claims may arise from:
- Falls from ladders, roofs, platforms, or stairs.
- Accidents involving machines, tools, or vehicles.
- Lifting, pulling, pushing, or carrying incidents.
- Burns, electrical shocks, and chemical exposure.
- Falling objects and collapsing materials.
- Workplace assaults connected to employment.
- Back injuries caused by a specific traumatic incident.
- Occupational diseases caused by work-related exposure or conditions.
An injury is not automatically covered because it occurred at the workplace. We examine what you were doing, why you were in that location, and how the accident was connected to your employment.
What Should You Do After a Work Injury?
North Carolina generally requires written notice to the employer within 30 days after a workplace accident.
Take these steps as soon as your condition allows:
- Report the accident to a supervisor or manager.
- Put the report in writing and keep a copy.
- Describe how the injury occurred and every body part affected.
- Ask where the employer wants you to receive treatment.
- Follow the provider’s restrictions and treatment instructions.
- Save work notes, medical paperwork, and insurance correspondence.
- Record the dates and hours you miss from work.
- File the correct claim form with the Industrial Commission.
Exceptions to the notice requirement may apply in some cases. It is safer to provide written notice than to depend on an exception later.
What Benefits Can a Workers’ Comp Claim Provide?
North Carolina workers’ compensation can provide several forms of medical and disability compensation. It does not generally pay for pain and suffering.
Medical Treatment
The employer or carrier must provide qualifying medical care reasonably required to improve your condition, provide relief, or reduce the period of disability. Covered care may include appointments, hospital treatment, surgery, medication, therapy, medical equipment, and qualifying travel expenses.
Temporary Total Disability
You may qualify for temporary total disability payments if the injury prevents you from earning wages. These payments are generally two-thirds of your average weekly wage, subject to the state maximum for the year of injury.
Temporary Partial Disability
If you return to work but earn less because of injury-related restrictions, temporary partial disability benefits may cover part of the difference between your pre-injury and current earnings.
Permanent Disability
A doctor may assign an impairment rating after you reach maximum medical improvement. Depending on the injury and your ability to earn wages, you may have more than one way to pursue continuing benefits.
Follow Your Work Restrictions Carefully
Written restrictions tell the employer what duties your doctor believes you can perform. Keep a copy and give it to the appropriate supervisor.
If the employer offers modified work, compare the proposed duties with your restrictions. Issues can arise when a position requires more lifting, standing, driving, bending, or repetitive movement than the doctor allowed.
Do not refuse an offered position without understanding how that decision may affect your checks. A workers’ comp lawyer in Mills River can review the job description, medical restrictions, and wage information before advising you.
What Happens After a Claim Denial?
A carrier may issue Form 61 denying responsibility for the claim. The form should explain the basis for the denial, but the carrier’s decision is not final.
Denials may involve allegations that:
- The injury did not arise from employment.
- No qualifying accident occurred.
- The employee reported the accident too late.
- A preexisting condition caused the symptoms.
- The worker is an independent contractor.
- The medical evidence does not support an occupational disease.
- The claim was not filed within the required time.
- The employee was not covered under the Act.
An employee can request a hearing by filing Form 33. Many disputed cases proceed to mediation before a Deputy Commissioner conducts a hearing.
Review Your Settlement Before Signing It
A workers’ compensation settlement may close your right to future weekly payments, medical care, or both. The agreement may also address resignation, liens, unpaid bills, and other claim terms.
Before accepting, you should know:
- Which benefits will end.
- Whether future medical care remains available.
- How outstanding bills will be handled.
- Whether the agreement requires you to resign.
- What happens if your condition worsens.
Our Mills River workers’ compensation attorneys can review the proposed agreement and explain its effect before you decide whether to sign.
How Our Mills River Workers’ Compensation Attorneys Help
We identify what is preventing the claim from moving forward and take the legal steps needed to address it. That may involve treatment, unpaid checks, a denial, an unsuitable job offer, or a proposed settlement.
Our team can:
- File and review Industrial Commission forms.
- Obtain medical and wage records.
- Communicate with the carrier and defense counsel.
- Request disputed treatment.
- Review average weekly wage calculations.
- Challenge a Form 24 application.
- Prepare a denied claim for mediation and hearing.
- Take testimony from medical providers and other witnesses.
- Evaluate impairment ratings and settlement proposals.
- Coordinate a related third-party case.
Farmer & Morris Law, PLLC handles workers’ compensation claims on a contingency-fee basis. We will explain the fee agreement during your free consultation.
Call Our Mills River Work Injury Attorneys to Discuss Your Claim
If your benefits have been denied, delayed, reduced, or threatened, contact Farmer & Morris Law, PLLC. A Mills River workers’ compensation lawyer can review the filings, medical records, and carrier’s position.
Call today for a free consultation. We will explain what North Carolina law allows and how we can pursue the benefits you are owed.
