This Charlotte Workers’ Comp Attorney Can Help if You Were Hurt on The Job
Unfortunately, more employees than we can count are hurt across North Carolina daily in work-related accidents, and there are many ways an employee can become hurt on the job.
No matter how safe your job is, we have represented employees hurt in the safest jobs that no one anticipated ever happening. Workers’ comp laws may vary between states. However, there are basic laws that apply to all states.
The laws in North Carolina state that any business owner with three or more employees must carry workers’ compensation insurance. This law includes the following specific companies and is supposed to pay benefits to the employee should they become injured on the job.
- Limited liability companies
- Sole proprietorships
The exceptions to the workers’ comp law are,
- Casual Employment
- Domestic Employment
- Farm Workers
- Trucking Companies
- Federal Government Workers
- Railroad Workers
One thing to remember is that no accident happens without some level of negligence. This negligence could be your fault, someone else’s fault, or a combination of both.
- You have seven days to complete an accident/incident report and get it to your employer after you suffer from a work-related accident.
- You must be seen by your company’s assigned doctor when you are injured in a work-related accident. Be aware that this doctor is working for your company and this doctor’s best interests lie with your company and not necessarily with you, the employee.
- Your negligent attorney makes sure you receive fair compensation.
Injuries can be minor, requiring you to take a few days but less than seven days off work to heal. These minor mishaps usually do not impact your physical, emotional, mental, or financial state.
After you report your injury, you must wait for seven days before you can get wage loss benefits through workers’ comp insurance. These seven days include weekends and holidays. You are eligible for benefits on the eighth day.
Perhaps your work-related injuries are so severe that they have a life-changing impact on you and your family. Some of these injuries mean you may never be able to work again because the injuries caused you a severe disability. These injuries change your life significantly.
In these more severe cases of work-related injuries, your workers’ comp may not be enough to carry you through for the rest of your life. Suppose you are a resident of North Carolina, Charlotte, or surrounding areas. In that case, it’s to your advantage to seek the expertise of a seasoned and experienced negligent accident attorney in Charlotte, North Carolina.
If you have been hurt on the job, don’t hesitate to contact this workers’ comp attorney. We helped hundreds of injured workers and would be happy to review your case to determine if your workers’ comp benefits are enough to meet your present and future financial needs.
Types of Workers’ Comp Benefits in North Carolina
Under North Carolina law, employers must provide workers’ comp insurance to their employees should they be hurt while performing their job as outlined in their job description. However, this law is tricky and complicated. The essence of workers’ comp insurance is to provide medical assistance for rehabilitation in addition to a percentage of income for lost wages if you are ever hurt on the job.
The catch is that insurance companies never want to pay; more often than not, workers’ comp will do as little as possible. If you are hurt and cannot return to work ever again or must retrain for another job at a lower income level, your workers’ comp will not pay beyond a period.
For every claim processed under workers’ comp, your employer can count on their premiums to increase. Employers always want their premiums to stay the same, so they often refuse to pay you fairly what you are entitled to receive. We can reverse benefit denials. We find the mistakes often made in these claims and correct them.
This is why workers injured on the job need a negligent accident attorney fighting for their rights to get the benefits they and their families need. It is common to see workers’ comp benefits declined or not paid out fairly.
Types of Workers’ Comp Benefits
There are a few types of benefits, as explained below.
- Temporary Benefits:
If you cannot work while you recover from your work-related injuries, you can collect these TTD benefits unless your doctor will not allow you to work for an excess of three weeks. You can receive up to two-thirds of your average weekly income.
- Temporary Partial Disability Benefits or TPD Benefits
You can receive these benefits if you can return to work with restrictions. This means you can work, but not at your appointed job. You are allowed two-thirds of your average weekly wage.
This benefit has an expiration date of 500 weeks in total. You can apply for an extension, but you and your doctor must prove that you still cannot do your previous job before you were injured. You may be encouraged to apply for Social Security disability benefits. If approved, your TTD benefits are reduced to the amount that Social Security approves.
- Permanent Disability Benefits
Were you ordered rehabilitation regarding your work-related injury?
Were you unable to reach the normal level of functioning before your accident?
Did rehabilitation help you reach your highest level of functioning but not your level before your accident?
Your doctor must attest to the fact that you are permanently disabled and have the documentation to prove this statement. Your doctor must also determine your percentage of impairment. Your benefits depend on your injuries and affected parts of your body.
It may be possible for you to receive permanent total disability for the remainder of your life or until you reach full retirement age. Permanent disability benefits happen when you have had a severe injury and cannot return to work.
These injuries could be the loss of vision, a loss of any of the extremities, a combination of losses, a severe brain injury, spinal injury, or paralysis of the extremities. Severe burns of a second or third-degree level are considered a permanent disability.
We will help you calculate your income benefits to ensure you are treated fairly. Some insurance companies want to pay you in a lump benefit, and sometimes this is not to your advantage. We can help determine if you should accept a lump sum benefit.
We Await Your Call for Help with Your Negligent Accident/Injury Claim
We are seasoned and leading attorneys who litigated hundreds of negligent accident/injury/death cases in Charlotte, North Carolina, and surrounding areas.
Please call as soon as possible and speak with a seasoned Charlotte workers’ comp attorney at the Sumwalt Anderson Law Firm to help you with your work-related accident.
Most workers’ comp cases are complex and confusing for employees hurt on the job. We will ensure you get the benefits and protect your right to receive all you deserve due to your unfortunate accident.