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Let Our Workers’ Compensation Attorneys in Indian Trail, NC, Help With Your Claim

Indian Trail, NC, Workers’ Comp Lawyers

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.

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Indian Trail, NC, Workers’ Comp Lawyers

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How Our Indian Trail, NC, Workers’ Compensation Lawyers Can Help With Your Case

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.

Our Indian Trail Workers’ Compensation Attorneys 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. 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.

Sumwalt Anderson Can Help When Your Employer Accuses You of Negligence

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.

After a Denial of Your Claim, Our Indian Trail, NC, 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 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.

Our Indian Trail, NC, Workers’ Compensation Attorneys Can Walk You Through the Claim Process

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.

What Kind of Compensation Could I Receive?

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.

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 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.

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/safety
  • Trying to recover from any disability as much as possible
  •  Addressing temporary and permanent physical restrictions.

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.

Permanent Injury Benefits

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.

Additional Compensation for Your Work Injuries

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.

Wrongful Death Claim

In the unfortunate event that a loved one passes away due to work-related injuries, you have the right to file a wrongful death lawsuit. To initiate a wrongful death claim in North Carolina, you need to be either the executor or administrator (also known as the personal representative) of the estate as indicated in the deceased’s will. However, not everyone has executed a will or possesses estate planning documents. In such cases, the court will appoint someone (usually a child, parent, or relative of the deceased) to act as the beneficiary. Our wrongful death lawyers in Indian Trail can assist you through this challenging process with the compassion and support you need during this difficult time.

Common Questions for Our Indian Trail, NC, Workers’ Comp Lawyers

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?

    Sometimes, employers may attempt to convince you to avoid going through the formal channels for filing a claim. They may not want the claim to show up on the company’s record. Some employers may even offer to pay you a lump sum in exchange for not filing a claim or to pay for your medical treatment. Our Indian Trail, NC workers’ compensation lawyers would not recommend accepting this option. If your injuries turn out to be far more serious than initially thought, you could end up without the ability to receive the compensation you deserve. Our team can provide advice from the start of your case to its conclusion.

  • Can my employer fire me if I hire Indian Trail, NC, 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 . Employers who try to fire you or otherwise punish you are violating state law. Our team of workers’ comp lawyers in Indian Trail, 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, or your documentation for work does not matter in terms of a claim. Employers may try to intimidate you into not filing a claim or 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 Indian Trail, NC, can help you with this type of situation.

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

    In the state of North Carolina, law requires that employers who have three or more employees regularly 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 Indian Trail, NC, workers’ compensation lawyers are able to help you determine if your employer has workers’ compensation insurance coverage and hold them accountable for your injuries.

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

    If the worst-case scenario happens and your loved one suffered a fatal accident at work, the children and surviving spouse of the deceased, or other family members, 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 tricky after a fatal workplace accident. Our workers’ comp lawyers in Indian Trail, NC, can help you in this type of situation.

  • Who decides which medical specialist I visit for my work injuries?

    When you are injured on the job, your employer’s workers’ compensation insurance carrier will decide where you seek medical treatment. If the treatment is for an emergency issue, then you can visit any qualified emergency facility. However, in non-emergency situations, the employer will provide you with a list of insurance-company authorized places of treatment.

  • What if I am partially to blame for my work-related injury?

    If you are partially to blame for a work injury, you will still likely be able to collect workers’ compensation benefits. The system is not fault-based, which means that negligence on the part of the employee or employer does not matter when it comes to collecting workers’ compensation benefits.. At-fault employees may still collect benefits in most cases.

  • Can I return to work on a trial basis and still receive workers’ comp benefits?

    Yes. In fact, the system is designed to encourage workers to get back to work, even if they are still recovering from their injury If you do return to work while still in recovery, you will receive partial benefits, the amount of which will be determined by your specific circumstances. If the trial return to work isn’t successful, you can stop working and return to full benefits.

  • Should I accept a settlement?

    If you are offered a settlement, or an opportunity to “clincher” your claim, then you may want to have an attorney thoroughly evaluate the offer before agreeing to it, especially in the case of serious injuries such as spina and brainl injuries. You deserve to be compensated to the full extent of the law, and the offer may end up short-changing you.

  • If I had a motor vehicle accident while working, should I sue for workers’ comp or personal injury?

    Workers who have to drive a car or ride a bike as part of their daily duties might suffer crashes and potentially life-threatening injuries. If that’s your case, we recommend talking to our motorcycle accident lawyer or car accident attorney at Indian Trail to explore your options of suing for workers comp and personal injury.

Attorney Mark Sumwalt

Mark Sumwalt is a native of Rock Hill, South Carolina who has practiced law in Charlotte since 1981, primarily in the field of worker’s compensation. He has litigated hundreds of cases to decision all over the state and handled many significant appeals to the North Carolina Court of Appeals and the North Carolina Supreme Court, particularly in the area of attendant care. [ Attorney Bio ]

$9
million

Recovered on behalf of a young woman who sustained a catastrophic brain injury as the result of an automobile collision with a large commercial vehicle. Learn More.

$5.2
million

Recovered on behalf of a young woman who sustained catastrophic injuries when she was involved in an automobile accident involving a tractor-trailer truck while she was on the job. Learn More

$4.5
million

Recovered on behalf of the gentlemen (plaintiff/client) who was injured when a mislabeled stack of batteries exploded causing significant burns on his entire body. Learn More

$3.3
million

Recovered on behalf of a husband and wife who sustained serious injuries in a rollover accident in New Mexico. Learn More

$3
million

Recovered for a married construction worker who suffered a catastrophic spinal injury due to a crush injury caused by cargo falling from an 18-wheeler. Learn More

$2
million

Recovered following the death of a young man from Charlotte, NC caused by a rear-ended collision with a tractor trailer that was parked in a travel lane of 1-40 without any lights on. Learn More

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    Count on Our Workers’ Compensation Attorneys In Indian Trail, NC, to Deliver the Representation You Deserve

    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.