Were you injured on the job in Raleigh? If so, you might be entitled to file a claim for workers’ compensation benefits under North Carolina law. Unfortunately, you may have difficulty getting your claim accepted or being paid the full scope of benefits you are entitled to. That’s when you need an experienced Raleigh workers’ compensation lawyer on your side.
At Kreger Brodish LLP, we have been advocating for the rights and interests of injured workers in Raleigh for over a decade. We provide our clients comprehensive legal representation, combined with a personal, compassionate approach to service. Let us use our skills and resources to help you get back on your feet after a work-related injury or illness.
Call Kreger Brodish LLP today to speak to a Raleigh workers’ compensation lawyer for free. We do not charge any fees upfront to work on your case. In fact, you only pay us if we secure payment for you.
What Is Workers’ Compensation?
Workers’ compensation laws guarantee employees specific financial benefits in the event that a worker is injured or suffers an occupational illness on the job. These benefits are paid by your employer (or your employer’s insurer). Because these benefits are guaranteed, injured workers do not need to prove that their employer had any fault for the injury. However, in exchange for these no-fault benefits, an employee’s sole legal recourse for a work injury is usually limited to a workers’ comp claim.
In some cases, proving that your injury arose in the course and scope of your employment can become a legally and factually complex process. For that reason, you might need to work with an experienced workers’ comp attorney to successfully secure the benefits you deserve.
The Challenges of Being an Injured Employee
If your employer or the insurance company is putting up obstacles in your path when you are seeking workers’ comp benefits, you might need an experienced lawyer. Some of the challenges that injured workers often face when filing a claim for workers’ comp benefits include:
- Difficulty getting medical treatment for injuries that you believe arose in the course and scope of your employment, especially if your employer has denied a workers’ comp claim and your injuries are keeping you out of work
- Feeling dissatisfied with the quality of care rendered by providers that have been selected by your employer
- An employer demanding that you return to work after an injury that you are still recovering from
- An employer declining to provide you with medical accommodations or assigning you work tasks that are precluded by the medical restrictions issued by your doctor
- An employer placing you in an alternate position while you recover from a work injury that you feel is not suited to your physical restrictions or work experience/skill
- Treating providers telling you that you will likely require future medical treatment and rehabilitation
- An employer paying you less than the full benefits you believe you are entitled to
- An employer attempting to terminate your workers’ comp benefits even though you are still recovering from a work injury
No matter what type of challenges you face, our work injury attorneys are here to review your case and advise you on your next steps. Contact us now for a free consultation.
Steps for Filing a Workers’ Comp Claim in North Carolina
When you need to pursue a workers’ comp claim in North Carolina, the steps to start your claim include:
- Notify your supervisor or employer immediately of your work injury.
- Seek medical treatment as soon as possible, advising your doctor that your injury occurred on the job.
- Provide a written letter notifying your employer of your injury within 30 days of the date that it occurred.
- File a completed Form 18 with the North Carolina Industrial Commission to formally begin your workers’ comp claim.
What Do Workers’ Comp Benefits Cover?
North Carolina’s workers’ compensation system entitles employees who are injured on the job to receive certain financial benefits, including:
- Reimbursement or coverage for all reasonable and necessary treatment and rehab for a work injury.
- Temporary disability benefits, payable while you are actively treating your work injury. Temporarily disability benefits provide two-thirds of the difference between your pre-injury average weekly wage and your earnings after your injury (if any).
- Permanent partial disability benefits, payable once your injury reaches maximum medical improvement, but you are left with a disability that does not render you completely incapable of working. Permanent partial disability benefits pay two-thirds of your pre-injury average wage for a set number of weeks, based upon the type and severity of your disability.
- Permanent total disability benefits, which can continue temporary disability benefits, potentially for as long as you remain totally disabled from working.
- Vocational rehabilitation, which can retrain you to perform another job within your skill/experience and physical limitations, if you cannot earn more than 75 percent of your pre-injury wage.
- Death benefit payments to surviving family members.
How Long Do You Have to File a Workers’ Comp Claim in NC?
Under North Carolina’s workers’ compensation law, you should provide written informal notice of your work injury to your employer within 30 days. A formal workers’ comp claim begins when you file a Form 18 or your employer files a Form 19 with the Industrial Commission. Your formal claim must be filed with the Industrial Commission within two years of the date of your work injury.
If you file an untimely claim, you can lose the right to receive workers’ comp benefits. An experienced workers’ compensation lawyer can help ensure that your claim is filed on time and properly.
Do You Have a Claim Beyond Workers’ Comp?
Under certain circumstances, an injured worker may have the right to pursue legal claims beyond and in addition to a workers’ comp claim. If a third party is at fault for your injury, you might be entitled to pursue a third-party personal injury case against them. Third-party injury claims allow a worker to recover compensation for losses not covered under workers’ comp, including full compensation of lost wages or income, pain and suffering, or lost quality of life.
How Much Does a Raleigh Workers’ Compensation Lawyer Charge?
Injured workers often worry about how they’ll pay for legal representation, especially when their injury has already cost them valuable time from work. Fortunately, when you turn to Kreger Brodish LLP for help, you won’t pay anything upfront for our services. We will only get paid if we secure workers’ comp benefits for you. In addition, the fees we are paid must be approved by the Industrial Commission.
There’s no risk to hire us to help you with your claim. So call now for a free, no-obligation consultation.
What to Do After an Injury on the Job
If you have been injured or have become ill in the course and scope of your work, the steps you need to take to preserve your options for pursuing workers’ comp benefits include:
- Inform your supervisor and employer of your work injury, both orally and in writing within 30 days of your injury.
- Seek medical attention as soon as possible to diagnose the injuries you have suffered and to obtain a prognosis. In North Carolina, your employer has the right to initially select your medical provider if you want to have your expenses covered by workers’ comp.
- Follow the instructions of your treating providers. Do not put off treatment or rehabilitation of a work injury. Otherwise your employer may demand that you return to work.
- If possible, document the scene of your work injury by taking photos or video.
- Avoid discussing your work injury or your workers’ compensation claim on social media.
If your employer is delaying or has denied your workers’ comp claim, talk to a workers’ compensation attorney as soon as possible to learn about your rights. These claims can get complicated quickly, but a skilled attorney from our firm can help.
Common Workplace Injuries in Raleigh
Common injuries suffered on the job by workers in the Raleigh area include:
- Repetitive stress/strain injuries
- Severe lacerations and skin abrasions
- Electrocution injuries
- Bone fractures
- Herniated spinal discs
- Nerve damage
- Spinal cord injuries and paralysis
- Internal organ injuries
- Crush injuries
- Traumatic brain injury
- Head and facial injuries, including vision or hearing loss
Common Occupations Where Accidents Occur
Unfortunately, some occupations expose workers to a greater risk of on-the-job injury. Industries and professions where workers more commonly suffer injuries include:
- First responders
- Bar/restaurant workers and kitchen workers
- Construction workers
- Factory/warehouse workers
- Utility workers
- Farmers, fishermen, and other agricultural workers
- Healthcare workers
How Our Raleigh Workers’ Comp Attorneys Can Help You
If you have been denied the benefits you deserve under the law, let our Raleigh workers’ comp attorneys help you by:
- Reviewing the underlying facts and circumstances of your injury to recover the evidence needed to establish that your injury occurred in the course and scope of your employment
- Documenting your medical expenses and wages to ensure we pursue the full scope of benefits you are entitled to
- Filing a formal workers’ comp claim and representing you at Industrial Commission hearings to advocate for your right to maximum benefits
- Fighting for you if an employer has already denied your initial claim
If you’ve been hurt on the job, contact Kreger Brodish LLP today for a free, no-obligation case review. Don’t wait any longer to get the qualified legal help you deserve. Call us now.