Workers’ Compensation Attorney

Workers’ compensation is a state-required insurance program required for employers with 3 or more employees to compensate employees who are injured or who get ill from work-related incidents. Workers’ compensation is a system that pays for medical costs and lost wages resulting from work-related injury or illness. Employees who benefit from workers’ compensation are not allowed to sue their employer for negligence.

Nearly all work-related injuries are covered under workers’ compensation, regardless of who caused the injury. Also, you do not have to prove negligence or liability if you are injured and want to receive workers’ compensation.

If your injury is the result of a self-inflicted incident, a crime you were committing, or if the injury occurred because of conduct that violates company policy, workers’ compensation may not cover the resulting costs or lost wages.

No. Workers’ compensation can cover the cost of the injury or any lost work if you sustain an injury like carpal tunnel syndrome due to continued use or misuse. However, proving that your injuries are the direct result of your employment may be difficult. If you would like to receive workers’ compensation, contact DeMayo Law Offices as soon as possible. Our workers’ compensation lawyers may be able to help you.

In North Carolina, you must wait seven days after your injury before you start receiving benefits, unless your disability lasts for at least 21 days. If you miss 8 to 21 days of work, you will receive benefits for those days. If you miss more than 21 days of work, you will receive benefits for the entire time, including the first week of your injury. The compensation rate for wage benefits is two-thirds of your average weekly wage (AWW). Medical benefits are paid immediately following the injury, with no waiting period. In South Carolina, you are entitled to temporarily lost pay if you are entirely laid off for longer than 7 days (or temporary compensation). The eighth calendar day after your inability to work is when you become eligible to start collecting temporary pay. You are eligible to receive benefits beginning on the first day of your incapacity if you are entirely off the job for more than 14 days.

There is no time limit in North Carolina for injuries that occurred before June 24, 2011. For workers’ compensation cases after this date, benefits can continue for up to 500 weeks, with a possible extension in certain circumstances. Benefits stop when you return to work or when your employer files an ‘Application to Terminate Benefits’ with N.C. Industrial Commission.

In South Carolina, you should receive interim compensation payments until you are fully cleared to return to work without any restrictions. The employer’s representative will send you two copies of Form 15 with Section II completed informing you that your payments have been discontinued and why you are allowed to return to work within 150 days of being notified of the accident.

Fill out Section III of the form to request a hearing if you disagree that your payments should stop, and send it to the Commission’s Judicial Department.

Your employer has the first opportunity to choose the doctor who treats you. You may request a change in doctors from the Industrial Commission if you can show that a change is necessary to cure your condition or help you return to work. You may also ask another doctor for a second opinion on your injury.

In South Carolina, your employer has the authority to select your treating physician. If you seek treatment from any doctor of your choosing, your employer’s representative may refuse to pay your medical bills for work-related injuries. As a result, you must request that your employer refer you to a doctor of their choosing. Do not assume the referral was approved if your injury necessitated emergency treatment and the emergency room referred you for follow-up care.

Certain mental health conditions may be eligible for workers’ compensation benefits if they arise from your employment. North Carolina workers’ comp laws are relatively restrictive in this respect. You must be able to prove that you developed a mental condition, such as anxiety or depression, as a result of a specific workplace accident. The general stress you experience in your everyday job would not count, even if it caused you to develop a mental condition.

If the death is related to a workplace injury or a disease acquired in the course of employment, you may be able to collect compensation if it is within six years of the date of injury or onset of disability, or within two years from a final determination of disability. You should discuss this situation with an experienced workers’ compensation attorney.

Certain employees are not eligible for workers’ compensation under North Carolina law. These include casual employees who don’t work regular hours, domestic or household employees, farmworkers on farms with fewer than ten employees, certain railroad employees, and federal government employees. Federal employees are covered under the Federal Employees’ Compensation Act.

It is possible to receive benefits if your employment exposes you to COVID-19. You must prove that your work exposed you to a greater risk than the general public and that your job exposed you to the disease. To establish an injury by accident claim, you must show that you contracted COVID-19 due to an accident arising from your employment.

No, but there are situations where you may be able to sue your employer for gross negligence, for instance, if they do not offer workers’ comp benefits. Some legal loopholes may let you file a lawsuit. Your employer may tell you that you can’t sue, so it’s a good idea to speak to one of the workers’ compensation attorneys at DeMayo Law Offices to learn more about your options.

With this in mind, here are some rare scenarios where you could sue your employer.

1.  If you believe a coworker, manager, or employer hurt you. This doesn’t happen often, but it is a possibility. This situation can include slander, invasion of privacy, assault, rape, and deliberately causing emotional distress. Since these attacks can cause physical and emotional harm, you may be able to file an intentional tort lawsuit.
2. If a third party injured you. If your injury was caused by faulty products or equipment, you could file a product liability lawsuit against the manufacturer, retailer, or distributor. For instance, if you were using scaffolding that broke, causing you to fall, the manufacturer could be liable. Because a third party’s negligence caused the accident, you can sue even if you’re receiving workers’ compensation benefits. However, if you win a product liability lawsuit, your employer may ask for reimbursement for the money spent on your workers’ comp claims.
3. If your workers’ comp benefits were denied or taken away for no reason. While this is a valid lawsuit, it requires an extensive amount of work for you and your attorney. Many requirements have to be met before your case will go to trial. Each state deals with this situation differently, so you should get in touch with a North or South Carolina worker’s compensation law office to learn what you should do if your workers’ comp benefits are denied.