A knowledgeable workers’ compensation lawyer at Warren & Kallianos in Charlotte can ensure you get the medical attention you require, complete the necessary paperwork, record your injuries, and negotiate with the insurance provider to ensure your rights are upheld and your benefits are maximized.
Charlotte workers’ compensation lawyer can help you if you’ve been injured at work. Workers’ compensation is a system in place to help injured workers on the job. You may be eligible for medical benefits and wage replacement if you’re injured. Charlotte, NC, worker’s compensation attorneys can help you navigate the worker’s compensation system and get the benefits you deserve.
Your attorneys at Warren & Kallianos will fight for your rights in court if the insurance company or its law offices improperly reject your claim or specific benefits.
A third-party workers comp claim against someone other than your employer and coworkers whose negligence caused your accident may be one of the extra avenues of compensation your work injury attorney looks into.
In Charlotte, you must give your employer written notice of your injury before requesting workers’ compensation payments. Within 30 days after your injury, you must complete this. You typically have two years to submit a workers’ compensation claim after that.
Get additional information on submitting a claim and the workers’ compensation procedure.
What Does the Workers’ Compensation Act in North Carolina Cover?
Workers’ compensation lawyers cover the costs of treating work-related sickness or injury. Most hurt workers can anticipate the following benefits from workers’ compensation:
Workers’ compensation often pays for doctor visits, tests, drugs, lost wages, and other expenses for treating your on-the-job accident or personal injury. This frequently covers the price of any emergency care and treatments and any additional visits your doctor may have advised.
Sick Travel Compensation.
Workers’ compensation should reimburse you for mileage if you travel 20 miles or more round-trip to receive medical treatment. Workers’ compensation is a state-regulated insurance program that benefits injured employees or who become ill due to their job.
Benefits under workers’ compensation can include medical expenses, income replacement, and death benefits. You must have been injured or fallen ill while performing your duties to be eligible for benefits.
Injuries that occur while traveling for work are typically covered by workers’ compensation as long as they were not caused by your negligence.
Contact a Charlotte workers’ compensation attorney to discuss your legal options if you’ve been sick or injured while traveling for work. An experienced attorney can help you navigate the workers’ compensation system and ensure that you receive the benefits you’re entitled to.
Benefits for Weekly Lost Time.
If you are unemployed for over seven days, you are entitled to weekly compensation of up to two-thirds of your average weekly earnings ($992 as of 2018).
If you miss more than 21 days of work, you may be eligible for benefits for the first seven days and the remaining days. Until you can start working again, you are entitled to these benefits.
Benefits for Total or Partial Disability for Life.
Even if your doctors judge that you have reached “maximum medical improvement,” your condition is not anticipated to get any better; these benefits are still provided if you are partially or handicapped.
Your workers’ compensation attorney can assist you in understanding how other forms of benefits, such as death benefits if a family member perishes in a social security disability, may apply to your circumstances.
In Charlotte, how to file for workers’ compensation.
A workers’ compensation claim can be made like any other law firm. It is more of a request for benefits than a lawsuit against an employer.
Notifying your employer of your claim is the first step in the process. No matter how the employer finds out about the occurrence, they are required to provide you with a claim form very away.
The employer is not obligated to offer benefits until this claim form is submitted. You should be able to get the paperwork you need to submit a claim from your employer.
In reality, most states demand that the initial forms be on hand at workplace injuries, medical offices, and emergency rooms of hospitals. Contact your state’s Workers’ Compensation Office immediately if they cannot, which can be done by visiting the state government agencies’ page on their website. Fill out the “Employee” portion of the form. Make sure the claim form is SIGNED and DATED.
Give your employer the claim form back. You can mail it or deliver it in person to your workplace. They advise using certified mail with a return receipt if you send the claim form. It is crucial to file as soon as possible because failing to do so could result in delays in your benefits being paid out.
The “Employer” part of the claim form should subsequently be filled out by your NC workers’ compensation lawyers, who should then send it to his workers’ compensation insurance provider. You should receive a copy of the finalized claim form from your employer.
You should ask your employer for one if you are still waiting to receive one. For your records, keep a copy. The insurance provider typically has fourteen (14) days to issue you a letter outlining the status of your claim. Call the insurance provider if you still need to get this letter.
Why are workers’ Compensation claims in North Carolina Rejected?
The Claim Was Reported Far Too Late.
Employers frequently say that a worker’s compensation claim was denied because it was filed too late, even if the accident may have occurred only a day or a week earlier. In North Carolina, you have 30 days to notify your employer in writing of an injury.
If you have a valid reason for missing this deadline, you may be exempt from the requirement to give your employer written notice.
As often as an unethical manager or supervisor intentionally gives the injured workers incorrect information to prevent the lost time accident from being recorded as occurring on their watch, employers occasionally are not aware of the law’s requirements for reporting an injury sustained at work.
Some businesses link manager or supervisor bonuses to the number of incidents that result in lost time, which motivates managers to have an injured worker’s claim denied for their financial benefit.
For an Existing Illness
They have seen numerous situations where an injured worker with a history of back or neck pain has their claim rejected because their illness was “pre-existing.” You may still have a compensable claim even if your employer refuses it because you previously harmed the same body area.
North Carolina’s workers’ compensation regulations
North Carolina’s worker’s compensation system is designed to provide benefits to employees injured or become ill due to their job. The North Carolina Industrial Commission administers the state’s workers’ compensation program.
North Carolina law generally requires that most employers provide workers’ compensation coverage for their employees. However, some exceptions exist, including certain types of businesses and organizations, such as federal government agencies, churches, and some non-profit organizations.
If you are injured at work, you should immediately notify your employer and seek medical attention if necessary. You should also file a claim with the North Carolina Industrial Commission within two years of the date of your injury.
According to North Carolina’s workers’ compensation regulations, if a new workplace accident increases, exasperated, accelerates, or worsens your prior injury, you may still be eligible for workers’ compensation benefits. Sometimes the answer to this question depends on what your treating doctor has to say about it; therefore, to get a clear answer, your lawyer will need to ask your doctor several comprehensive, particular questions. The injured employee’s “Negligence.”
Because North Carolina’s workers’ compensation system is no-fault, your employer cannot reject your claim based on what you did or did not do unless you sought to damage yourself while at work purposefully or were intoxicated.
But regrettably, some companies will still claim that you caused your injury and cannot file a North Carolina workers’ compensation claim. For instance, you should have seen the oil on the floor before slipping, falling, and breaking your ankle.
Comparing independent contractors and employees
North Carolina, whether a person is an independent contractor or an employee is determined by a variety of factors, including who provides the tools or equipment for the job, who has control over the work being done, who has the authority to hire and fire, and the method of payment, such as hourly wages versus pay by the piece or job.
Your employer may attempt to dismiss your claim by claiming that you are an independent contractor rather than an employee and that you thus “don’t work for them,” regardless of how these elements pertain to your job. Employers take this action to avoid paying the exclusive workers comp benefits.
The Human Elements
The denial of workers’ compensation claims for circumstances wholly beyond the control of the injured worker has been experienced by Tippens and Zurosky’s North Carolina workers’ compensation attorneys, including but not limited to the following.
Cases have been rejected due to interpersonal disputes between workers and their managers or supervisors. They’ve observed denials being issued solely because the employer instructed the insurance provider to deny the claim. Because insurance adjusters needed to inquire thoroughly, they’ve seen rejections made.
Do I need a Lawyer for Workers’ Compensation?
Many believe they can handle their workers’ compensation claims without a counsel, only to have their requests rejected. To prevent any denials or delays in handling your claim, they urge that you get legal counsel as soon as possible.
If you’ve been denied workers’ compensation benefits, an attorney can help you appeal the decision. Workers’ compensation laws can be complex, so it’s important to have an experienced worker’s compensation attorney on your side.
A few workers’ compensation attorneys in Charlotte, NC, specialize in workers’ compensation law. You can find them online or ask for recommendations from friends or family. Once you’ve found a few worker’s compensation attorneys in Charlotte, NC, you can compare their experience and fees to find the right one for you.
If you’ve been injured at work, don’t try to navigate the workers compensation system alone. Hire an experienced workers compensation attorney in Charlotte, NC, to help you get the benefits you deserve
The first advantage of hiring a charlotte workers compensation lawyer is that they may launch an early, impartial inquiry into your accident. This will enable the lawyer to gather pertinent information, help determine the cause of your accident, and help identify any responsible parties.
It is critical to remember that not all people accountable for a victim’s injuries are employers. A third party may have contributed to or perhaps caused an accident in specific circumstances.
If such is the case, you might be entitled to pursue reimbursement from them in addition to what workers’ compensation provides.
A lawyer typically has the advantage of having experience handling several workers’ compensation cases and understanding what is necessary to submit a claim properly.
An attorney will be of great assistance in giving legal representation throughout what can frequently be highly stressful events if you are participating in any hearings.
How to find the best workers compensation lawyers?
You should look for vital things when searching for workers compensation lawyers.
You want to ensure that the lawyer is experienced in handling cases similar to yours. You can find this information by asking for referrals from friends or family members who have had to use a workers compensation lawyer or by researching attorneys online.
You want to ensure that your chosen lawyer has a good reputation. This can be done by reading online reviews of the lawyer or talking to other attorneys who have previously worked with the lawyer.
You want to make sure that the lawyer you select is affordable. While many lawyers will charge hourly rates, some will offer contingency fees – meaning they only get paid if you win your case.
If you follow these tips, you should be able to find a worker’s compensation lawyer who is experienced, reputable, and affordable.