Albemarle Workers’ Compensation Lawyers

With a work injury, you need results – All of us at Sumwalt Anderson have a history of success in representing injured workers. We have represented clients in a wide variety of industries, and we have achieved favorable results totaling over $80 million in awards, settlements, and trial verdicts. In addition to recovering millions of dollars in compensation, we have helped injured workers to obtain the many benefits they need to move forward with their lives.

As a testament to our commitment to clients, our Sumwalt Anderson workers’ compensation lawyers in Albemarle, NC, have been recognized for client excellence and the following professional honors:

• North Carolina State Bar Board-Certified Specialist in Workers’ Compensation Law
• Best Lawyers in America
• Lawyer of the Year – Charlotte: Workers’ Compensation Law – Claimants (2012)
• Best Lawyer – Charlotte: Workers’ Compensation Law – Claimants (2011 – present)
• SuperLawyers® (2007 – present)
• Martindale-Hubble® Peer Review Rating of AV Preeminent

Victorious trial lawyers – At Sumwalt Anderson, we have an honored history of success in appellate cases. We know how to fight for our clients, and we have the skills and experience necessary to take a case all the way to the North Carolina Supreme Court if that’s what it takes to get a favorable outcome. Appellate cases are less common than other kinds of cases, but they can have a big impact on how future cases are decided, and even on legislation. Our workers’ comp attorneys in Abermarle have made a real difference not only in the lives of our clients but also in the rules governing workers’ compensation and attendant care (caregivers for the injured) in North Carolina. Even though we have helped change the law in North Carolina for injured workers, we did it because we put our clients first, and will do everything in our power to ensure that they receive the compensation and justice they deserve.

Sumwalt Anderson levels an unfair playing field – An employee injured on the job is typically covered by workers’ compensation insurance; however, this coverage is not always straightforward. In many cases, employers and their insurance companies will fight to minimize the amount of compensation that an injured worker receives. Employers may try to downplay the severity of the injury or occupational disease or argue that it was caused by factors outside of work. Insurance companies may also dispute the claim or delay payment in the hope that the worker will just give up and go back to work. As a result, injured workers often find themselves in difficult and stressful situations. Fortunately, the Albemarle workers’ comp attorneys at Sumwalt Anderson level the playing field. We do not allow insurance companies to use tactics that diminish the value of your claim. We make sure that our clients receive the medical treatment and compensation they are entitled to receive for every injured body part.

Your Albemarle, NC, workers’ compensation lawyer should be affordable – If you’ve been injured on the job, the last thing you should have to worry about is whether or not you can afford to hire a lawyer. That’s why we offer contingency fee arrangements for our workers’ compensation clients. This means that you won’t have to pay any out-of-pocket costs for our representation. We’ll receive a fee only if we’re able to successfully recover compensation on your behalf. And even then, our fee will be a percentage of the total recovery, so you won’t have to worry about writing us a big check. If you’ve been injured on the job, please contact us today to learn more about how we can help you and protect you against employer retaliation for filing a workers’ compensation claim.

If you have been injured at work, we encourage you to contact us to schedule a free consultation. We will review your case and advise you of your legal rights and options. We are confident that we can help you obtain the compensation you need. Call (704) 377-3770 today.

How Our Albemarle, NC, Workers’ Compensation Lawyers Can Help with Your Case

Even though the attorneys at Sumwalt Anderson have been practicing workers’ comp law for years, we combine our experience and use a modern approach to solving problems that helps our clients the most and increases their chances of getting workers’ comp benefits. Our Albemarle workers’ compensation attorneys understand that each case is unique. We know that deploying a one-size-fits-all technique to handling a workers’ compensation case is not the best way to give our clients the highest level of service.

Our Workers’ Comp Lawyers in Albemarle, NC, Can Help Determine Whether You Fit the Definition of an Employee

In some cases, your employer may try to deny your claim by saying you are not technically an employee. If you are a minor, an undocumented worker, or an independent contractor when your injury occurs, this greatly complicates the process of filing a claim. North Carolina Workers’ Compensation Act §97-19 defines how workers’ compensation insurance operates in terms of contractors, subcontractors, and similar types of workers.

Our Albemarle workers’ comp lawyers are ready to defend your rights when your employment status is in question. We know how to dig into the facts in the case to show why you deserve workers’ compensation insurance payments for your medical bills and your lost wages.

Sumwalt Anderson Can Help When Your Employer Accuses You of Negligence

After an injury on the job, you may find out that your employer is denying your claim. The employer may accuse you of negligence. Your employer may say that you showed up to work drunk or high on drugs, which led to the accident. Workers’ Compensation Act §97-12 deals with the rules regarding any intoxicated employee who suffers a work-related injury.

You do not have to accept any accusations. Our Albemarle workers’ comp lawyers will investigate your case to find facts that prove you did not have alcohol or drugs in your system at the time of the accident. We will attempt to show that you were not behaving in a manner that might bar your claim, and that the accident at work was just that – an accident that you had no chance to prevent.

After a Denial of Your Claim, Our Albemarle Workers’ Comp Lawyers Can Appeal for You

If you receive a denial of your workers’ compensation claim, you should notify the North Carolina Industrial Commission (NCIC) of your intention to appeal the denial and request a hearing. You then will receive a time and date for a mediation conference.

Our team can represent you at this conference, where you will be meeting with a mediator and a representative of the workers’ comp insurance company. We will need to present evidence at this meeting to show why your claim should not be denied. The mediator then will make a recommendation based on the evidence presented.

If your claim does not settle at mediation, a hearing will be scheduled. This hearing will go before a judge or deputy commissioner. The judge will preside over the hearing like a trial, and we again can present evidence and argue your case on your behalf. There are additional ways to appeal a decision if necessary, and we can represent you at every step along the way. Sumwalt Anderson is ready to protect your rights in your workers’ comp claim. Call us today at (704) 377-3770 for a free consultation.

Our Albemarle Workers’ Compensation Attorneys Can Walk You Through the Claims Process

We understand that you may not want to file a workers’ comp claim. Being injured in an accident at work causes a significant amount of stress for you as the victim. You are not able to work, meaning you may be struggling with your day-to-day expenses. You may have medical bills that are piling up quickly. You may have pain and injuries that will affect your quality of life going forward.

Some workers’ compensation benefits are designed to help you make ends meet; however, you must file all of the documentation and follow all of the steps required to keep your claim from closing. You also must meet all deadlines required for the claim, or you could receive a denial on a technicality. When you are on pain medication or have a head injury, you may have a difficult time remembering all of the deadlines, let alone filling out all of the forms correctly. Our Albemarle workers’ comp lawyers can help you with the paperwork and forms, allowing you to remain focused on your recovery.

With a board-certified workers’ compensation specialist on your side, you will have someone available to explain the North Carolina workman’s comp maze, tell you more about your rights, and stand up for you if your case runs into any obstacles. Call (704) 377-3770 to get legal help today.

What Kind of Compensation Could I Receive?

Our Albemarle workers’ comp lawyers will try to help you receive the best possible results, including working toward winning a settlement that compensates you in a variety of ways.

Wage-Loss Benefits

When you cannot work after your injury, you can receive a percentage of the income you were earning at your job to help you cover your day-to-day expenses. This is not a full replacement for your income. Most victims receive about two-thirds of their standard income level. Our team will work hard to make sure you receive the maximum wage loss benefits that you should have. If your standard income is difficult to calculate because you receive commission or performance bonuses, we can help you to receive what you are entitled to receive.

Compensation for Medical Costs

When you visit the doctor to receive a diagnosis for your injury on the job, your doctor may give you a lengthy list of steps to follow for your recovery. Your medical care could involve things like:

• Appointments for general care and pain relief
• Surgery to repair the injury
• Prescription medication
• Equipment for physical therapy and day-to-day care
• Trying to recover from any disability as much as possible.

You will not have to pay a deductible or a co-pay for this medical care. Should you believe the doctor’s plans are not going to actually help you, our team can ask for a hearing under workers’ comp laws in North Carolina that can seek to change and improve your medical care plans, and we can also request a second medical opinion.

Permanent Injury Benefits

Once you have reached maximum medical improvement (MMI) and it’s determined that your injuries are so severe that you have a permanent disability, such as from the loss of a limb or a traumatic brain injury, you can receive payments to compensate you for this disability. You almost certainly will be unable to work with such a serious injury, so any disability payments could be vital to maintaining your family’s financial situation.

It sometimes can be difficult to receive a diagnosis of disability, as the workers’ compensation insurance company and your doctor may disagree on whether your injuries are permanent and disabling. The Albemarle workers’ comp attorneys at Sumwalt Anderson are experienced with getting compensation for permanent partial or permanent total disability benefits. We know how much you are entitled to.

Common Questions for Our Albemarle Workers’ Comp Lawyers

We believe in being responsive to our clients. We understand that you are counting on us to help you navigate through the confusing world of injured worker benefits, and we take this responsibility seriously. You should never be guessing about the status of your case. Our Albemarle workers’ compensation attorneys are always available to answer questions and we return phone calls and emails within 24 business hours. Some of the most common questions we hear from our clients include the following.

What is workers’ compensation in North Carolina?

Workers’ compensation is a form of no-fault insurance in North Carolina provided by the employer for the employee. When an employee is covered by their employer’s workers’ compensation insurance, this “exclusive remedy” makes it so the employee gives up certain rights to sue in exchange for protection from injuries incurred on the job no matter who caused the accident or disease.

What if my employer tries to prevent me from filing a workers’ comp claim?

Sometimes, employers may attempt to convince you to avoid going through formal channels for filing a claim. They may not want the claim to show up on the company’s record, or they fear their insurance rates will go up. Some employers may even offer to pay you a lump sum in exchange for not filing a claim. Our Albemarle, NC, workers’ compensation lawyers would never recommend accepting such a proposal. If your injuries turn out to be far more serious than initially thought, you could end up without the ability to receive compensation or the possibility of reopening your claim in the future. Our team can provide advice from the start of your case to the conclusion.

Can my employer fire me if I hire Albemarle workers’ comp lawyers and file a claim?

Under rules from the North Carolina Department of Labor, employers cannot retaliate against you when a workers’ compensation claim is occurring. Employers who try to fire you or otherwise punish you are violating state law. Our team of workers’ comp lawyers in Albemarle, NC, can sort out the facts in your case and help you determine how to proceed.

Can undocumented employees file for workers’ compensation?

Yes. Your immigration status, your ability to speak English, and your documentation for work do not matter in terms of a claim. Employers may try to intimidate you to not file a claim, or they may try to fire you after the injury, using your status as an undocumented worker to try to bully you. Our workers’ compensation attorneys in Albemarle can help you with this type of unfair situation.

What if my employer says that it does not carry workers’ compensation insurance?

In the state of North Carolina, the law requires that employers who have three or more employees must carry workers’ comp insurance, according to the North Carolina Industrial Commission. In the majority of instances, if your employer meets this three-employee threshold and claims that it doesn’t carry workers’ comp insurance, your employer is either lying or violating state law. Our Albemarle, NC, workers’ compensation lawyers can help you force your employer to tell the truth and provide the benefits you should have.

Can I collect workers’ compensation payments if my spouse died in a work accident?

If the unfortunate death of a spouse happens from a fatal accident at work, the children and surviving spouse of the victim may be able to receive benefits for things like medical costs, lost income, funeral expenses, and death benefits. Making sure your family receives all of the financial benefits to which you’re entitled can be confusing after a fatal workplace accident. Our workers’ comp lawyers in Albemarle, NC, can help walk you through the death benefits process.

Employers and insurance companies don’t always cooperate when it comes to paying for an injury, vocational rehabilitation benefits, or a permanent disability. Handling your workers’ compensation case on your own can be frustrating, and you may lose out on many benefits that would otherwise be made available to you. The attorneys at Sumwalt Anderson will resolve any concerns you have about your case and your future. Call (704) 377-3770 to find out more about how we can successfully represent you.