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[...]
Suffering an injury at work can be devastating. There is the assumption that your work environment should be safe and that you have all of the necessary equipment to do the job properly without the risk of injury. But that is not always the case. In many situations, a person who suffers an injury at work should have those medical losses covered.
It is not always possible to count on your employer to help you file a workers’ compensation claim. While this may happen in some situations, in others, they may not take the required steps to ensure you are getting the care you need.
If you are facing this problem, do not wait to call our Statesville, NC, workers’ comp lawyer to help you. We know how to protect your rights through compensation owed to you. Let us help you navigate the complexity of North Carolina laws regarding workers’ compensation. We do not back down when facing challenging circumstances or complex situations.
Trust the Sumwalt Anderson workers’ compensation attorneys in Statesville 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 Statesville workers’ compensation attorneys understand that each case has its own nuances and facts. We know that deploying a one-size-fits-all technique for 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. North Carolina Workers’ Compensation Act §97-19 defines how workers’ compensation insurance operates in terms of contractors, subcontractors, and similar types of workers.
Our Statesville 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 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. Workers’ Compensation Act §97-12 deals with the rules regarding an intoxicated employee who suffers a work-related injury.
You do not have to accept this accusation. Our Statesville 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 will attempt to show that you were not behaving in a negligent manner and that the accident at work was just that – an accident that you had no chance to prevent.
Should you receive a denial of your workers’ compensation claim, you will have 14 days to notify the North Carolina Industrial Commission (NCIC) of your intent to appeal. 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 make a recommendation to the NCIC based on the evidence.
Should the mediator refuse to rule in your favor, you have the option of appealing again. This next appeal will go before an administrative judge. This judge will hold a hearing like a trial, and we again can present evidence on your behalf. There are additional avenues of appeal if desired, 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 victim. 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 steps required to keep your claim alive. You also must meet all deadlines required for the claim so you will not 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 Statesville workers’ comp lawyers can help you with every step, allowing you to remain focused on your recovery.
Our Statesville 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 victims receive about two-thirds of their standard income. 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. 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 you should have.
At Sumwalt Anderson, we are dedicated to helping you to get the best outcome for your situation. Our Statesville, NC, workers’ compensation lawyer provides exceptional support through every step of the process. Our workers’ compensation attorneys, Mark Sumwalt and Richard Anderson, are readily available to work closely with you as they have many other clients throughout the state facing all types of limitations with their workplace injuries.
Let us guide you through the claims process, settlements, and trial if necessary. Why should you trust us with your needs?
Also, take a look at the good work we’ve done for many of our clients. That includes an important Appellate case that directly impacted North Carolina workers’ compensation laws. We work hard to protect our clients. That’s why we have won significant recoveries for our clients year after year. We can help you, too.
Sumwalt Anderson is ready to protect your rights in your workers’ comp claim. Call us today at 704-377-3770 for a free consultation to discuss your case.
It’s not uncommon for those who are hurt at work to want to get the financial support they need but to be worried that they do not have a case. You may want to keep your job.
What is most important to remember is that if you suffered losses as a result of an injury you suffered on the job, you are entitled to benefits in most situations. There is no risk in speaking to our team about those losses. We are happy to discuss your situation and help you determine whether you have a claim.
Our workers’ compensation lawyers in Statesville are working for you. Unlike an insurance company that is working to reduce the amount paid out in any claim, our sole goal is to help you obtain the compensation owed to you. Keep the following in mind:
Sumwalt Anderson is here to answer all of your questions. Call us today at 704-377-3770 for a free consultation to discuss your case in private.
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 Statesville 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 Statesville, NC, workers’ compensation lawyers would never 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 the conclusion.
Can my employer fire me if I hire Statesville workers’ comp lawyers and file a claim?
Under rules from the North Carolina Department of Labor, employers cannot retaliate against you when a workers’ compensation claim is occurring. Employers who try to fire you or otherwise punish you are violating state law. Our team of workers’ comp lawyers in Statesville, 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 Statesville 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, employers who regularly have three or more employees must carry workers’ comp insurance, according to the North Carolina Industrial Commission. If your employer meets this three-employee threshold but still claims that it doesn’t carry workers’ comp insurance, your employer is either lying or violating state law. Our Statesville, NC, workers’ compensation lawyers are able to help you force your employer to tell the truth and provide the benefits you should have.
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 victim may be able to receive benefits for things like medical costs and lost income. 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 Statesville, NC, can help you in this type of situation.
When you hire Sumwalt Anderson to represent you after your accident on the job site, you can trust that we will always treat you with the professionalism and compassion 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 Statesville workers’ comp lawyers as soon as possible at 704-377-3770. You are under no obligation to hire us after this initial consultation.