You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
After you suffer an injury at work, you expect your employer to help with your recovery and filing a workers’ compensation claim. Sometimes this happens without a hitch; but at other times an employer may not inform you about next steps to file for workers’ comp or may try to claim that your injury was your fault, rather than being related to your job.
When this happens, consider hiring our Indian Trail, NC, workers’ comp lawyers to represent you. We know how the laws work in North Carolina regarding workers’ compensation. We do not back down when facing challenging circumstances or complex situations. Let the Sumwalt Anderson workers’ compensation attorneys in Indian Trail, NC, represent you in your claim. Call us today for a free consultation at (704) 377-3770.
Through our years of handling workers’ comp claims for our clients, we’ve made use of many techniques that help our clients. Our Indian Trail, NC, workers’ compensation attorneys understand that each case has its own nuances and facts. We know that deploying a one-size-fits-all technique to handling workers’ compensation is not the best way to give our clients the highest level of service.
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. The North Carolina Workers’ Compensation Act (NCGS §97-19 defines how workers’ compensation insurance operates for contractors, subcontractors, and similar types of workers.
Our Indian Trail, NC, 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 the case to show why you qualify for workers’ compensation insurance payments for your medical bills and for your lost wages.
After an injury on the job, you may find that the 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. The Workers’ Compensation Act (NCGS §97-12) deals with the rules regarding any intoxicated employee who suffers a work-related injury.
If accused unfairly, you do not have to accept this accusation. Our Indian Trail, NC workers’ comp lawyers can work to find facts that prove you did not have alcohol or drugs in your system at the time of the accident. We can 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.
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 the denial of your claim was incorrect. The mediator then will work to reach a settlement between us and the representative of the workers’ compensation insurance company.
If your claim does not settle at mediation, a hearing will be scheduled. This hearing will be before a judge or deputy commissioner. The deputy commissioner will preside over the hearing like a trial, and we again can present evidence on your behalf. If needed, there are additional avenues of appeal 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.
We understand that you do not want to have to file a workers’ comp claim. Being injured in an accident at work causes a significant amount of stress for you as the injured party. 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.
Workers’ compensation should give you payments designed to help with these extra expenses. However, you must file all of the documentation and follow all of the required steps in a timely manner to keep your claim alive. 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 Indian Trail, NC, workers’ comp lawyers can help you with every step, allowing you to remain focused on your recovery.
Our Indian Trail, NC, 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.
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 of your income. Most injured workers 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 and performance bonuses, we can help you attempt to receive what you deserve.
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 this medical care once your claim has been accepted by your employer’s workers’ compensation carrier. 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, perhaps by receiving a second medical opinion.
If your injuries are so severe that you have a disability, such as from the loss of a limb or from a traumatic brain injury, you can receive payments to deal with 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 the doctor may disagree with your feeling that your injuries are permanent and disabling. Sumwalt Anderson is ready to help you fight for the disability benefits that you should have.
In many instances, the payments you receive from workers’ compensation will be insufficient to truly cover the damages you have suffered. Fortunately, as an injured worker you may have other options for compensation. Although workers’ compensation rules prevent you from taking your employer to court, they don’t bar you from filing a claim against third parties.
Many employees interact with third parties on a regular basis. Customers at a retail store are third parties, as are delivery drivers from another company and manufacturers of machines. It’s often the case that these very individuals cause or contribute to the cause of employee injuries. When they do, the law allows the injured employee to bring a personal injury claim.
For example, if you were injured receiving a shipment from a delivery driver who was drunk, then you likely have the option of filing a claim against that driver and their employer, in addition to a workers’ compensation claim. In other words, our Indian Trail, NC, workers’ comp lawyers can help you to determine whether you could have two sources of compensation to help you deal with damages from your injuries.
We take pride in our responsiveness to our clients. We understand that you are counting on us to help you navigate through the sometimes confusing world of workers’ comp insurance, and we take this responsibility seriously. You should never be guessing about the status of your case. Our Indian Trail, NC, workers’ compensation attorneys are always available to answer questions. Some of the most common questions we hear from our clients include the following.
What if my employer tries to prevent me from filing a workers’ comp claim?
Can my employer fire me if I hire Indian Trail, NC, workers’ comp lawyers and file a claim?
Can undocumented employees file for workers’ compensation?
What if my employer says that it does not carry workers’ compensation insurance?
Can I collect workers’ compensation payments if my spouse died in a work accident?
Who decides which medical specialist I visit for my work injuries?
What if I am partially to blame for my work-related injury?
Can I return to work on a trial basis and still receive workers’ comp benefits?
Should I accept a settlement?
When you hire Sumwalt Anderson to represent you after your accident on the jobsite, you can trust that we will treat you with the professionalism and compassion that you should have. Throughout our lawyers’ decades of collective experience, we earned our reputation as a law firm that fights as hard as we can for the benefit of our clients. 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.
You should never feel guilty about needing to file a workers’ comp claim. For a free review of your case, call our Indian Trail, NC, workers’ comp lawyers as soon as possible at (704) 377-3770. You are under no obligation to hire us after this initial consultation.