Dealing with workplace injuries can be frustrating, challenging, and life-changing. This means you are going to be left dealing with unwanted medical bills and the inability to work as you used to. For those in this type of situation, it’s good to be in the state of North Carolina because there are strict regulations in place when it comes to workers’ compensation benefits. If you are eligible, you can put in the claim and get access to these benefits as soon as you need them. It is recommended to work with a Mooresville workers’ compensation lawyer so you can take advantage of the benefits quickly to help with lost income and/or medical fees.
While workers’ compensation laws are present to protect employees, it is not always possible for them to be executed as intended. This happens when legitimate claims are pushed aside. As a result, it’s time to call in the best law firm in the region and make sure you claim does go through as required. This is essential when it comes to maximizing your benefits and doing things the right way. If you want to go with something that is ideal, you will want to start here.
To get started, call our Mooresville personal injury lawyers and make sure you pursue the right type of solution as soon as possible.
Table of Contents
Defining Workers’ Compensation
Workers’ compensation refers to a form of protection provided by employers to injured workers. It is a safety net designed to make sure workers aren’t left without assistance after getting injured at work.
The benefits are split into two categories:
- Medical fees – This includes any type of medical expense (past, now, and future) associated with the on-site injury.
These fees can include: Hospital Stays, Physical Therapy, Medical Bills, Medical Device Charges (Wheelchairs, Crutches), Prescription Medications
- Disability Benefits – These refer to benefits provided to workers when they are unable to work.
These benefits can include: Totally and Permanently Disability Benefits and Temporary Disability Benefits
What Should I Do After Being Hurt At Work To Help My Injury Claim?
Getting into an accident at your workplace is difficult and the injuries can become life-altering. This is why it’s best to follow the steps listed below:
Notify Your Employer – It’s recommended to do this within the first month and make sure it is written down officially.
Receive Medical Care – Visiting a doctor and having your injuries assessed officially is a must. This will become proof of injury later on when you are trying to put in a claim for your injury. It will also ensure you are treated for the problem and can recover as soon as possible.
Record Your Injuries and Symptoms – It’s important to start recording everything associated with your injuries and/or symptoms. This includes taking the time to have official documentation set up for your injuries through a medical professional, especially if you end up missing work.
Track All of Your Costs – It is important to make sure all of your costs are recorded down to the last detail. This is imperative when it comes to therapy-based costs that come along with injuries.
Visit a Trusted Law Firm for More information – It’s important to start planning the workers’ compensation claims process to ensure you are making the right decisions every step of the way. A qualified lawyer will know what to do and is going to make sure the claim goes through right away. It will also ensure you are allowed to heal as that is most important in the grand scheme of things.
Most Common Injuries While Working
Harman Law aims to assist those who get injured on-site and want to file for workers’ compensation as soon as they can. To make sure the process is handled well, it’s important to understand what type of injuries are viable under this situation and how to put in the claim through a competent lawyer.
These injuries can include:
- Back Injuries
- Neck and Spinal Injuries
- Brain Injuries
- Lung Disorders
- Slip and Fall Injuries
- Hearing and Vision Loss
- Head Injuries
The main accidents include:
- Accidents While Using a Machine or Tool
- Construction Accidents
- Accidents While Traveling for Work
Do I Need to Hire a Workers’ Compensation Lawyer in Mooresville?
There are many reasons for going with a trusted legal professional in situations like these. It is all about knowing what your rights are and making sure there is a legal advisor by your side every step of the way. This will make sure you receive the compensation that is your legal right in the state. By going with a competent legal professional in Mooresville, NC, you are going to feel safe during the process and everything will go ahead as planned.
Here are the main reasons for hiring a good workers’ compensation lawyer:
- Protection from Retaliation By your Employer or Insurance Provider
- Helps Navigate Pre-Existing Condition
- Settlement Offer Will Be Fair
- Protection From Permanent Disability Benefit Denials
- Safety Net for Lost Income
- Help understand Other Government Benefits
- Handling of Workers’ Compensation Hearing
By bringing in a competent lawyer, it’s possible to ensure everything is done on your behalf without compromising on the compensation.
What Will It Cost To Hire A Workers’ Compensation Lawyer in Mooresville?
It is not as expensive to hire a reliable workers’ compensation lawyer even if it may seem so at first. Going with a qualified legal professional means the lawyer will only take a portion of the amount that is agreed upon by both parties. This will only go through after the approval comes in.
Each state is going to have its laws in place for workers’ compensation cases, but in North Carolina, the fee is set at 25% from the settlement. When an attorney doesn’t help with the claim, they are not going to be paid at all.
Worker’s Responsibilities for Filing a Workers’ Compensation Claim
For the claim to go through, there are certain responsibilities that apply to workers in this situation. You will want to make sure these responsibilities are kept in mind every step of the way.
These responsibilities include:
- Reporting the Injury
- Receiving Immediate Medical Care
- Working Responsibly
- Keeping Track of Your Progress
- Remaining Cooperative
- Seeking Legal Assistance for the Claim
Responsibilities of an Employer with Workers’ Compensation
An employer is held responsible during this process including establishing preventative solutions on-site based on what is required to keep a worker safe. This includes making sure the workers’ compensation claim can be filed effectively without any hurdles.
These responsibilities include:
- No Retaliation
- Creating a Safe Working Area for Workers
- Paying Attention to Worker’s Rights
- Providing a Way to File Report About the Injury
- Offering a Way for the Employee to Return
- Fully Cooperating with Both the Insurance Agency and Investigative Parties
What Are Your Options After Being Denied A Workers’ Comp Claim?
Let’s assume the claim doesn’t go through as intended and you can’t access the benefits. What are you going to do from this point forward?
There are several reasons why the claim may not go through. These can include:
- Lack of Causation
- Minor Injury
- Missing Forms
- Incorrectly Completed Forms
- Failing to Meet Established Deadlines
- Ongoing Dispute with Insurance Provider/Employer
- Off-Site Injury
When it is time to deal with these benefits, you want to make sure the claim goes through right way including having everything documented immediately. This will include orally mentioned what happened to your supervisor while also recording it within 30 days. This is essential when it comes to putting in a claim and making sure it goes through.
Assuming the claim doesn’t go through right away, you can put together an appeal to have the decision overturned. To do this, it’s best to consult with an experienced lawyer to represent you.
Will My Employer Be Able To Fire My For Filing For Workers’ Compensation?
No, it is not possible for the worker to lose his/her job after putting in a workers’ compensation claim. It’s important to note, there are times when the employer may not like what happened and is going to start to discriminate against the worker. However, this is illegal and is specifically mentioned in the state regulations as a form of harassment. If proven, this can lead to additional charges against the employer later on.
If you do end up dealing with these issues after putting in the claim, make sure to speak to a lawyer and file a retaliatory discharge civil suit against the employer immediately.
Filing Workers’ Compensation Claim As An Independent Contractor
Whether it is freelancing or consulting, being an independent contractor means having to understand what applies and/or doesn’t apply to you. In general, an independent contractor will not be able to claim workers’ compensation benefits. It’s important to note, there are times when an employer may try to dupe the system and hope to pass off as an independent contractor to avoid these benefits, which is illegal.
It’s recommended to take the time to reach out to a qualified attorney to learn more about what the laws are. This includes focusing on your employer and determining whether or not they are an independent contractor. If not, you could be in line for these benefits.
Schedule a Free Consultation With a Mooresville Workers’ Compensation Lawyer
The premise behind workers’ compensation is to offer a form of protection for employees that deal with workplace injuries. When the process begins, there are specific guidelines that are in place to make sure everything is easy to understand. The Harman Law Firm is committed to making sure things are the right way and you do receive access to workers’ compensation benefits when applicable. We will get started on the case effective immediately and make sure to listen to what you require. This is essential when it comes to handling the case properly.
To get started, please take the time to call in and get started with a FREE no-obligation consultation with the help of a trusted Mooresville personal injury firm.