Does Workers’ Comp Pay for Lost Wages?
If you are injured while on the job, it can be a stressful and confusing situation. You may wonder how you will support your family if you are[...]
Work-related injuries and illnesses can have a devastating impact on your life, preventing you from being able to work and earn a living. If you’ve been injured on the job, you may be entitled to workers’ compensation benefits, but the process of filing a claim and collecting benefits can be complex and overwhelming. That’s where a Huntersville workers’ compensation attorney from Sumwalt Anderson can help. We can help you navigate the system and ensure that you receive the full benefits to which you’re entitled.
A workers’ compensation attorney from our firm can also help if your claim has been denied or if you’re facing other challenges. If you’ve been injured on the job, don’t try to go it alone. Contact a workers’ compensation attorney in Huntersville, NC, today to get started on protecting your rights.
Our Huntersville workers’ compensation attorneys are dedicated to helping injured workers get the benefits they need and deserve. If you have a work injury or occupational disease, contact us to schedule a free consultation at (704) 377-3770 today.
If you are injured while on the job, it can be a stressful and confusing situation. You may wonder how you will support your family if you are[...]
When you’re injured at work, you need results – At Sumwalt Anderson, we understand that when you have a work-related injury you need results – and you need them soon. That’s why we’ve dedicated ourselves to helping injured workers get the compensation and benefits they need to move forward with their lives. We have a history of success in representing clients in a wide variety of industries, and we have recovered millions of dollars in awards, settlements, and trial verdicts. In addition to financial compensation totaling over $80M, we have also helped our clients obtain the many benefits they need to rebuild their lives.
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 Huntsville 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 we 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 Huntersville 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 Huntersville, 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 only receive a fee if we’re able to successfully recover compensation on your behalf. 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.
We understand why it’s important for a law firm to show that they care about the mental and physical well-being of its clients by constantly checking up on them and their progress and, in the end, getting the best possible outcome.
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.
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 the problems that help our clients the most and increase their chances of getting workers’ comp benefits. Our Huntersville 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. As we get to know you, we can tailor the compensation and the benefits to help you the most.
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, the issue of your employee status is likely to come up, and it may complicate the process of filing a claim. North Carolina Workers’ Compensation Act §97-19 defines how workers’ compensation insurance applies to contractors, subcontractors, and similar types of positions.
Our Huntersville workers’ comp lawyers are ready to defend your rights when your employment status is in question. We know how to dig into the facts of your case and show why you deserve workers’ compensation insurance payments for your medical bills and your lost wages, and possibly vocational rehabilitation for a new career.
After filing a claim for an injury on the job, you may find out that your employer is denying your claim because the employer is accusing you of negligence. Your employer may say that you showed up to work intoxicated and your intoxication is what caused the accident. Workers’ Compensation Act §97-12 deals with the laws regarding an intoxicated employee who suffers a work-related injury.
Just because you’ve been accused of being negligent doesn’t mean that you have to accept what your employer says. Our Huntersville workers’ comp lawyers will investigate your case to reveal evidence that proves you did not have alcohol or drugs in your system at the time of the accident. Additionally, we will attempt to show that your behavior was not a factor to deny your workers’ comp claim and that the accident at work was simply an unforeseeable event that you had no control over.
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 your claim denial 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. After the mediation has concluded, the mediator will issue a recommendation based on the evidence presented.
If your claim does not settle at mediation, a subsequent hearing will be scheduled. This hearing will go before a judge or deputy commissioner. The judge will preside over the hearing like a trial. Our worker’s compensation lawyers can represent you 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 right in your workers’ comp claim.
Sumwalt Anderson’s workers’ compensation lawyers in Huntersville, NC, have been recognized for legal excellence and getting the maximum compensation for their clients. Contact an attorney today for a free, no-obligation consultation at (704) 377-3770.
We understand that you may be debating whether to file a workers’ comp claim. Being injured in an accident at work causes a significant amount of stress for you as the victim at your workplace and home. If you are not able to work, 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, and you may be worried that your injury or disease may get worse over time.
Part of workers’ compensation benefits is to give you payments that 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 prematurely. You also must meet all deadlines required for the claim, or you could receive a denial of benefits based on a technicality. When you are on pain medication or you have suffered a severe head injury, it may be difficult to remember all of these deadlines, let alone fill out all of the forms correctly. Our Huntersville 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 workers’ 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.
Our Huntersville workers’ comp lawyers will try to help you receive the best possible results, including a settlement that compensates you in a variety of ways.
If you are unable to work after your injury or after being diagnosed with an occupational disease, you can receive a percentage of the income you were earning at your job to help you cover your bills and help keep food on the table. This is not a full replacement for your income. Most victims receive about two-thirds of their wages. Our team will work hard to make sure you receive the maximum wage loss benefits you are entitled to. If your income is difficult to calculate because you receive commissions or performance bonuses, we can help you to calculate the full amount you are allowed to receive.
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:
You will not have to pay a deductible or a co-pay for your workers’ comp medical care. Your prescriptions under workers’ compensation insurance are also covered with no co-pays as well. If you believe the doctor’s treatment plan is not going to help you, our team can ask for a hearing under North Carolina workers’ comp laws which allow for a change of treating physician or your medical care plan. We can request a second medical opinion if necessary.
Once you have reached maximum medical improvement or 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 for the rest of your life. You almost certainly will be unable to work with a serious injury or disability, so any disability payments would 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 Huntersville 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 and we work in your favor, on your behalf, to achieve your goals.
If you’ve been injured at work, we can help you get the results you need to move on with your life. Contact us today to schedule a free consultation at (704) 377-3770.
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 earnestly. You should never have to guess about the status of your case or wonder if you’ll be taken care of. Our Huntersville 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 occupational disease.
What if my employer tries to prevent me from filing a workers’ comp claim?
In some cases, employers may attempt to convince you to not go through workers’ compensation insurance and avoid filing a claim. They may not want the claim to show up on the company’s safety 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 Huntersville, 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 and not get proper medical treatment. Not filing a claim could also ruin the possibility of reopening your claim in the future if your injury gets worse. Our team of skilled and compassionate attorneys can provide you with advice from the start of your case to the conclusion.
Can my employer fire me if I hire Huntersville workers’ comp lawyers and file a claim?
Under rules from the North Carolina Department of Labor, employers cannot retaliate against you for filing a workers’ compensation claim or fire you while your claim is still open. Employers who try to get rid of you or otherwise punish you because you were injured at work are violating North Carolina law. Our team of workers’ comp lawyers in Huntersville, NC, can sort out the facts in your case and help you determine how to start your claim and how to handle your employer while your claim is ongoing.
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 workers’ compensation claim. Employers may try to intimidate you by saying you’re not eligible to file a claim, or they may try to fire you after the injury. This amounts to using your status as an undocumented worker to try to bully you. Our workers’ compensation attorneys in Huntersville 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 to you or is violating state law. Our Huntersville, NC, workers’ compensation lawyers can help you force your employer to tell the truth and provide the benefits you should be receiving as an employee of the company.
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 you’re entitled to receive can be confusing after a fatal workplace accident. Our workers’ comp lawyers in Huntersville, NC, can help walk you through the death benefits process compassionately and with your needs in mind.
Employers and insurance companies don’t always cooperate when it comes to paying for an injury or occupational disease, 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 how it can affect your future.
When you hire Sumwalt Anderson to represent you after your accident on a job site or workplace, you can trust that we always will treat you with the professionalism and compassion that you’d expect from board-certified workers’ compensation specialists. Throughout our decades of collective experience, we have earned the reputation as a law firm that fights as hard as we can for the benefit of our clients. We even take cases that other workers’ compensation attorneys reject. We do not allow insurance companies and employers to treat our clients unfairly or disrespectfully. We have the resources needed to help you navigate the workers’ comp insurance process, and we have the gravitas to win even the most complex cases.
Our team has significant experience in workers’ compensation law. When other law firms need help, they hire the attorneys at Sumwalt Anderson. Whether they need assistance with a complex case or simply need an extra set of hands, our lawyers are uniquely qualified to handle any legal challenge.
In addition, our attorneys are highly respected by their peers and have been recognized as leading experts in their field. For example, The Sumwalt Law Firm was recently hired by another law firm to assist in litigating a workers’ compensation claim before the Supreme Court of North Carolina. Attorney Mark Sumwalt was hired “because of his significant experience and expertise in attendant care litigation,” as Associate Justice Robin Hudson of the Supreme Court of North Carolina remarked.
You should never feel guilty about needing to file a workers’ comp claim or hiring a lawyer to represent you. No matter who is at fault for the accident or illness, your employer should not try to blame you or coerce you into admitting fault. For a free review of your case, call our Huntersville workers’ comp lawyers as soon as possible at (704) 377-3770 or use our online contact form. The consultation is 100 percent free, and you are under no obligation to hire us after your initial consultation. We would love to hear how your case has affected you and what we can do to help. To find out if we’re the right law firm for you, make an appointment today.