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[...]
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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?
Can my employer fire me if I hire Matthews, 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?
Can I collect workers’ compensation if I am partially to blame for my injury?
Can I return to work if I’m still receiving workers’ compensation benefits?
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.