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Matthews, NC, Workers’ Comp Lawyers

Let Our Workers’ Compensation Attorneys in Matthews, NC, Help with Your Claim

After you suffer an injury at work, you expect your employer to help with your recovery and with your filing of a workers’ compensation claim. Sometimes, though, your employer may not inform you about next steps to file with 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 Matthews, NC, workers’ comp lawyers to represent your interests. 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 Matthews, NC, represent you in your claim. Call us today for a free consultation at 704-377-3770.

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Matthews, NC, Workers’ Comp Lawyers

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How Our Matthews, 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 Matthews, 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 Workers’ Comp Lawyers in Matthews, 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. The North Carolina Workers’ Compensation Act (NCGS §97-19) defines how workers’ compensation insurance operates in terms of contractors, subcontractors, and similar types of workers.

Our Matthews, 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 in the case to show why you deserve 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) defines the rules regarding any intoxicated employee who suffers a work-related injury.

If accused without basis, you do not have to accept this accusation. Our Matthews, 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 Matthews, 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 intent 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 meet 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 go before a judge or deputy commissioner. This 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 206-741-1051 for a free consultation.

Our Matthews, NC, Workers’ Compensation Attorneys Can Walk You Through the Claims 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 . 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 Matthews, 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 Matthews, 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 levels. 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 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, day-to-day care, and 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 is accepted. 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 meeting your family’s financial needs.

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.

Wrongful Death Benefits

Some families suffer the unfortunate fate of losing their loved one due to their employers’ negligence. Our experienced wrongful death lawyers in Matthews, NC understand the immense emotional and financial toll that such a loss can take on a family. We are here to guide you through the legal process with compassion and dedication, ensuring that you receive the benefits and justice your loved one deserves, including funeral costs, burial expenses and medical expenses incurred prior to the death and more.

Third-Party Personal Injury Claims

Workers’ compensation benefits are often insufficient to cover all of the damages a worker experiences, especially in the case of a serious injury like a spinal injury. Although an injured worker is generally barred from filing a claim against their insurance-carrying employer, the employee may file a claim against a liable third party.

A liable third party is anyone who is not the employer or the employee but is present when the injury occurs and is potentially at fault. Many jobs require employees to interact with the public and other companies on a regular basis. If you, as an employee, are injured because of one of these third parties, you may have a valid claim.

For example, if you’re injured by a negligent driver in a car accident while traveling for work, you may have a viable personal injury lawsuit against the driver. Another example would be injuries from a negligent delivery driver from another company or a negligent customer in a retail store.

The important takeaway is that, although workers’ compensation limits how much you can claim from your employer, it does not limit your ability to seek compensation from negligent or reckless third parties. With skilled workers’ compensation attorneys in Matthews, NC, you have a chance at getting the compensation you deserve.

Frequently Asked Questions for Our Matthews, 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 Matthews, 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. Our Matthews, NC, workers’ compensation lawyers would not recommend accepting this request. 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 Matthews, 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 Matthews, 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 Matthews 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, the 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 Matthews, NC, workers’ compensation lawyers are able to help you determine if your employer has workers’ compensation 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 happened 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 Matthews, NC, can help you in this type of situation.

  • Can I collect workers’ compensation if I am partially to blame for my injury?

    Yes. In most cases, you will likely be able to collect workers’ compensation if you were at fault for your accident, as long as you were injured on the job. Worker’s compensation in North Carolina is not fault-based system, meaning that negligence on the part of the employee or the employer does not matter when it comes to collecting workers’ compensation benefits.

  • Can I return to work if I’m still receiving workers’ compensation benefits?

    In many instances, injured workers receiving workers’ compensation usually return to work after fully recovering from their injuries. However, there are cases where someone who is not fully recovered and is still receiving benefits returns to work. In fact, the system favors getting employees back to work as soon as possible.

    Per §97-32.1 of the North Carolina Workers’ Compensation Act, an injured worker has the option of attempting to return to work for a trial period that should not exceed nine months. During this trial period, the injured employee can still collect partial benefits. If the trial return-to-work period is unsuccessful, then the employee may be able to revert back to full workers’ compensation benefits.

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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    Charlotte NC Law Firm

    Count on Our Workers’ Compensation Attorneys In Matthews, 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 always 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. The mistake at work was not your fault, and your employer should not try to blame you or coerce you into admitting fault. For a free review of your case, call our Matthews, NC, workers’ comp lawyers as soon as possible at (704) 377-3770. You are under no obligation to hire us after this initial consultation.