On-the-job accidents happen all the time, even in seemingly safe workplaces. Fortunately, North Carolina has a system that pays your medical bills and compensates you for lost income if you are injured on the job. If you suffered an injury or illness at work, you could apply for workers’ compensation benefits.
However, applying for and getting the support you need can be difficult. At DeMayo Law Offices, our personal injury lawyers in Monroe know workers’ compensation laws and how to get injured employees the benefits they deserve.
Our award-winning firm has recovered over $1 billion in settlements and verdicts. We offer free consultations and only get paid when you do. Contact us today to learn how our Monroe workers‘ compensation lawyer can help you.
How does Workers’ Compensation Work?
If you are unable to work, you need financial support to make up for the paychecks you miss and cover your medical costs. When you hire us, we’ll protect your right to receive the maximum benefits you deserve while you’re out of work.
When you apply for benefits through your employer’s workers’ compensation policy, you can seek two main types of coverage: disability and medical bills.
Disability
If you can’t return to work for longer than seven days, you might qualify for disability benefits. Disability through workers’ compensation can help cover the wages or salary you’re unable to earn because of your injury or illness.
The insurer will pay you a percentage of your gross weekly wages pursuant to the law, which you should start receiving following the seven day waiting period.
Long-Term Injuries
The law entitles seriously injured workers benefits for up to a maximum of 500 weeks as long as your doctor states that your injury or illness keeps you out of work. If you return to work but can’t perform the same job you did before you got sick or hurt, you can continue to receive payments at a reduced amount. Your benefits will be two-thirds of the difference between your wages before and after your injury or illness.
Extended Benefits
If you suffer catastrophic injury, you could be entitled to extended benefits past the 500 weeks. In those extreme situations, you may be entitled to collect payments for the rest of your life. Severe injuries that may qualify for extended workers’ compensation benefits include:
- Severe burns
- Severe brain injury
- Paralysis of both legs or arms
- The loss of both hands, feet, eyes, legs, or arms (or a combination of any two of these body parts)
Workers’ compensation does not provide benefits for pain. Even if someone’s carelessness and negligence caused your injury, you can only collect benefits for your lost wages and medical treatment from workers’ compensation. However, personal injury lawsuits are different, and in some cases, you can sue your employer after an injury.
Talk to a Monroe workers’ compensation lawyer to find out whether you may be able to pursue a separate personal injury claim. Our firm has helped over 125,000 clients get the verdicts and settlements they deserve, and we are ready to put our skills to work in your case.
Medical Expenses
Workers’ compensation can also cover the cost of necessary medical treatment. This coverage includes hospital visits, physical therapy, surgeries, prescription drugs, and assistive medical devices, such as canes, braces, and wheelchairs.
Your employer’s WC insurer has a right to direct medical care if they accept your claim as compensable. That means they have a right to determine what providers you can see. This also means that the WC insurer is responsible for the bills for that treatment. If you choose to visit your own physician, you’ll have to pay for it yourself.
If you want to seek medical care from a different doctor there are procedures in place to request second opinions or seek permission from the North Carolina Industrial Commission. We can assist you with seeking additional medical opinions regarding your injury.
For a free legal consultation with a workers' compensation lawyer serving Monroe, call (877) 333-1000
Qualifying Conditions for Workers’ Compensation
Workers’ compensation should cover most work-related injuries. Our workers’ compensation lawyer in Monroe, NC, can tell you whether your condition qualifies.
Any of the diseases or injuries below could entitle you to workers’ comp benefits:
- Neck or back injury
- Broken bones
- Traumatic brain injury (TBI)
- Repetitive motion injury or overexertion
- Physical injury from hazardous equipment or machinery
- Loss of a limb
- Spinal cord injury or paralysis
- Electrical shock or burns
- Occupational illness, such as mesothelioma from exposure to asbestos
- Permanent disability
Whether you work on a construction site or sit at a desk all day, you are exposed to various risks every day. A construction worker could fall off a ladder. Someone working on a computer could suffer a repetitive motion injury from typing.
It’s important to protect yourself from injury at work, but when you are hurt on the job or suffer a work-related illness, you can seek support through workers’ compensation. Don’t leave the benefits you’re owed on the table.
Monroe Workers' Compensation Lawyer Near Me (877) 333-1000
How to Handle an Injury at Work
It’s important to know what to do after a work injury. Taking the following steps will help protect your rights to workers’ compensation benefits:
Notify Your Employer
Tell your employer about your injury or illness within 30 days of the date it occurred. Put your notification in writing and include the date, time, location, and how it happened. Keep a copy for your records.
When you tell your boss you got hurt on the job, they should give you a Form 18 to fill out so they can submit it to the workers’ compensation insurance company. If they don’t provide you with one, you can print one out yourself and send it to the North Carolina Industrial Commission.
You must also submit a copy of the form to your employer’s insurance company or their representative.
Obtain a Copy of the Workers’ Compensation Policy
Ask your employer for a copy of their workers’ compensation policy or who their insurance company is so that you may request that they direct you to the appropriate medical provider..
Seek Medical Care
Undergo a medical evaluation immediately after you get hurt or notice unusual symptoms that could signify a disease. Follow your doctor’s orders and attend follow-up appointments.
Get treatment from any provider they refer you to. Submit to undergo imaging, blood work, and additional testing they require. Continue your treatment until they release you from care.
Maintain Records
Keep a copy of everything related to your workers’ compensation claim, including prescriptions, medical bills, physician notes, operative reports, and receipts. If you talk to an insurance company representative, follow up with an email or letter so you have it in writing.
Get a Doctor’s Note
If your doctor diagnoses you with an injury or illness that inhibits your ability to work, make sure they write you a note. You must have documentation of your disability and how it affects your work-related tasks. If your doctor doesn’t explicitly state the medical condition you have, your employer’s insurer may deny your claim.
Hire a Qualified Attorney
When pursuing workers’ comp benefits, partnering with an experienced lawyer can make all the difference in your case. It’s a complicated process, and if you miss a deadline or submit incomplete documentation, your claim could be denied.
Click to contact our Monroe Personal Injury Lawyers today
Why Was My Work Injury Claim Denied?
Your employer’s insurer can deny your claim for many reasons. DeMayo Law Offices has decades of experience litigating denied claims to help clients receive the benefits they deserve.
The most common reasons for denial include:
- Failure to report the injury: You’re supposed to let your employer know about your on-the-job injury within 30 days of the date it occurred. If you wait, the insurance company might not believe your injury is serious enough to justify paying you benefits.
- Lack of witnesses: People who saw what happened to you at work can help you or your attorney build a strong insurance claim. If no one witnessed your injury, it’s harder to prove what happened.
- Lack of medical evidence: Medical records are crucial to proving work-related injuries and illnesses. You should describe your work injury in detail to your medical provider so that it is documented in their records. If your doctor doesn’t describe your injury explicitly and explain why it prevents you from performing your job, your claim may be denied.
- Conflicting statements from your employer: Before you can qualify for benefits under your employer’s workers’ compensation policy, your employer must support your claim that the injury or illness is work-related. If they say it isn’t, your claim could be denied.
Complete a Free Case Evaluation form now
What to Do if Your Claim Is Denied
If you receive a letter denying your workers’ compensation claim, it is crucial to take immediate action. Promptly contact a workers’ compensation law firm and provide this denial to them so they can discuss the next steps that might include litigation.
Our firm regularly handles these cases and can provide essential guidance and support throughout the litigation process. If you receive a denial Order from the Industrial Commission, it is important to seek legal advice as there are time limits to file certain appeals.
Start the Appeal
To formally appeal a North Carolina Industrial Commission decision, you must give notice within a specified timeframe, typically within 14 days of receiving the denial.
This notification is necessary to begin the appeals process formally.
Attend a Mediation Conference
Once a hearing request process is initiated, you and your Monroe workers’ compensation attorney will attend a mediation conference. During this session, a mediator will review the evidence presented and may provide recommendations or guidance for further proceedings.
Prepare for a Formal Hearing
The appeals process can progress to a formal hearing with a Deputy Commissioner who sits as judge in workers’ compensation claims, where organized evidence presentation is crucial for a successful outcome. This evidence may include detailed medical records and other relevant documentation supporting your claim.
Due to the complexity of the process, engaging the services of an experienced workers’ compensation attorney in Monroe, NC, who is well-versed in appeals, can significantly increase your chances of success.
FAQs
Here are some frequently asked questions about workers’ compensation benefits in North Carolina:
What If My Spouse Died on the Job?
If your spouse passed away while on the job, eligibility for death benefits under the employer’s workers’ compensation policy hinges on specific criteria. The employee’s death must occur within a defined timeframe and result from a compensable illness or injury.
When initiating a claim, it’s imperative to substantiate that their death directly resulted from an occupational disease or injury covered by the policy. Providing clear evidence linking the cause of death to a work-related incident or condition is crucial for a successful claim process.
What If I Can’t Do My Job Anymore?
Suppose you find yourself unable to perform your regular job duties due to an injury but can still work in some capacity. In that case, you may be eligible for temporary partial disability benefits. These benefits are designed to compensate for the income loss resulting from your reduced ability to perform your usual tasks.
Temporary partial disability benefits typically provide payments equal to two-thirds of the difference between your average weekly wages before and after the injury occurred.
This financial support aims to bridge the gap caused by the injury’s impact on your ability to work full-time.
How Long Will It Take to Get Approved?
The approval process typically involves receiving a response within fourteen days of filing your claim. Your employer or their insurer will notify you of the acceptance or denial status. Note that the North Carolina Industrial Commission may extend this timeframe upon the employer’s request.
Upon approval, you can expect to receive either Form 60 or Form 63, indicating the acceptance of your claim. Conversely, a denied claim will result in receiving the Denial of Workers’ Compensation Claim Form 61.
Contact our Monroe, NC, Workers’ Compensation Lawyers Today
At DeMayo Law Offices, we know the burden of being out of work and unable to support yourself and your family. If you’re missing paychecks, you may have trouble paying for your medical bills and household expenses.
If you were injured or got sick at work, call our workers’ compensation team in Monroe, NC, to find out how we can help. We care about injured workers and will help you pursue the benefits the insurance company owes you for your workplace injury or illness.
We offer a free initial consultation and handle workers’ compensation cases on contingency. That means you won’t have to pay us unless we successfully resolve your case. Call or fill out the online contact form to get started with a free consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
