When a workplace injury leaves you facing daily pain, time off work, medical bills, and anxiety about your future, it is essential to know that you have legal rights.
Workers’ compensation benefits could provide critical financial assistance as you recover from your on-the-job injury and rebuild your life.
The experienced Durham workers’ compensation lawyers at Kreger Brodish LLP fight for the rights of hardworking people in North Carolina who have been injured at work. Whether you need to file an initial claim or appeal a denial, we are ready to gather the necessary evidence and fight for the benefits you deserve.
Contact us today to learn more in a free consultation with an experienced workers’ compensation attorney at our law firm.
Understanding North Carolina Workers’ Compensation
North Carolina law requires employers with three or more employees to carry workers’ compensation insurance.
The North Carolina workers’ compensation system shields employers from personal injury liability in exchange for providing injured workers with no-fault benefits for their medical expenses and replacement of a portion of their lost wages after a qualifying workplace injury or occupational illness.
The workers’ compensation system operates under strict rules and tight deadlines. Insurance companies take advantage of the rules and deadlines to protect their profits by weakening or outright denying your claim through various tactics.
Our attorneys want to push back and fight for your right to fair compensation by carefully following claim procedures and gathering substantial evidence to prove your case.
Common Workplace Injuries in Durham
Durham workers face many risks regardless of what industry they work in. A few examples of common work-related injuries include:
- Back and neck injuries
- Knee and shoulder injuries
- Carpal tunnel syndrome and other repetitive-stress injuries
- Burns and electrical injuries
- Crush injuries
- Occupational illnesses
- Head injuries and concussions
Our legal team works closely with medical professionals to discover the long-term impacts of your injuries. We use our findings to assess the full value of your claim and see that value reflected in your benefits.
Steps to Take After a Workplace Injury in Durham
A strong claim starts with careful actions in the moments and days after a workplace injury. You can safeguard your health, strengthen your case, and protect your workers’ compensation benefits by taking these actions:
Report the Injury Immediately
Tell a supervisor about the accident as soon as possible and request a copy of the incident report. North Carolina law requires written notice of the accident within 30 days. Prompt reporting can prevent insurance companies from questioning the cause of your injury.
Seek Prompt Medical Treatment
Go to the authorized medical provider designated by your employer as soon as possible. Prompt medical care can catch injuries before they worsen or identify injuries that have yet to reveal symptoms. Insurance companies often use delays in medical treatment to downplay claims, so seeing a doctor right away can also protect your benefits.
Gather Evidence
Successful claims depend on a substantial body of evidence. If you are able, take photos and videos of the accident scene, request a copy of the incident report, collect witness contact information, keep an organized file of all relevant medical and financial records, and write down your own account of the accident to keep your memory fresh.
Be Cautious When Speaking with Insurers
Insurance companies may request recorded statements or push you to sign forms that limit your benefits. Do not give any statements or sign any forms before seeking legal advice from an experienced Durham workers’ compensation lawyer.
Contact an Attorney at Kreger Brodish LLP
A skilled workers’ comp attorney from our law firm can protect your rights and help you avoid critical errors that may compromise your claim. Contact us right away, and let us handle the legal matters while you focus on your health.
Challenges Employees Face with Workers’ Comp Claims
Many injured workers expect the workers’ compensation system to operate smoothly, especially when they have a strong claim. Unfortunately, the process rarely satisfies such expectations. But working with our experienced workers’ compensation attorneys can make the process go more smoothly.
Injured employees frequently face several challenges when seeking workers’ compensation benefits, including:
Denied or Delayed Medical Treatment
Insurance companies often question the need for MRIs and other tests, physical therapy, surgery, or referrals to specialists. We can confront their efforts to protect company profits at the expense of your well-being by aggressively advocating for the care you deserve.
Disputed Claims
Some employers question whether the accident occurred within the scope of your work or attempt to minimize your injuries. We can gather evidence, locate witnesses, consult medical professionals, and build a clear timeline to prove your claim.
Low Settlement Offers
Insurance companies often take advantage of the financial pressure victims face by pushing quick, lowball settlements. Such offers ignore the long-term impact of your injuries, and they can severely limit your ability to recover fair compensation. Let our workplace injury attorneys fight for the settlement you deserve.
Denied Claims
Unfortunately, some valid workers’ comp claims are initially denied, regardless of how clear-cut they may seem. Insurers may point to delays in care, claim the injury is not work-related, blame a pre-existing condition, assert that you were an independent contractor, or argue that the evidence was insufficient in an effort to deny your claim. We can gather the evidence required and appeal your denial.
Understanding Disability Ratings and Maximum Medical Improvement
Maximum medical improvement (MMI) and disability ratings are two key concepts in a workers’ comp claim involving long-term impairment. Here is a breakdown of each:
Maximum Medical Improvement
At some point during treatment, your doctor will determine that you have reached maximum medical improvement (MMI). MMI does not necessarily indicate a full recovery, but rather that your doctor believes your condition has stabilized and further treatment will likely not improve your condition.
Disability Ratings
After you reach MMI, the doctor assigns a disability rating. The rating describes the level of long-term impairment caused by your injury. The disability rating is used to determine the compensation you should receive for the impairment.
How Kreger Brodish Helps Injured Workers in Durham, NC
Seeking workers’ compensation benefits can be complicated and challenging to do independently. Our skilled Durham workers’ compensation attorneys can alleviate much of your stress while building the strongest possible case. Our attorneys can help you by:
- Reviewing your case for free – We will sit down with you to discuss your case, review the facts, ask you some key questions, and inform you of your legal options free of charge.
- Filing accurately and promptly – Filing errors or missed deadlines can compromise your claim. Let us gather the necessary documentation and submit your claim on time.
- Communicating with employers and their insurers – Our team knows all the tactics employers and insurance companies use and how to counter them. We can handle all communications with them to protect your rights.
- Coordinating with medical providers – We can work closely with your medical providers to support your treatment and protect your claim.
- Negotiating and litigating – Our team will advocate aggressively for a fair settlement on your behalf. If insurers will not play fair, we can pursue a hearing before the North Carolina Industrial Commission.
Why Choose Kreger Brodish as Your Durham Workers’ Comp Lawyers?
The law firm you choose to represent you could make a significant difference in the outcome of your workers’ compensation case. Here are some reasons why we believe Kreger Brodish LLP is an excellent choice for you:
- Proven success – We have a strong track record of substantial settlements and verdicts recovered for clients like you. Our successes include a $175,000 settlement for an injured worker whose claim was initially denied before our team stepped in to fight for their rights.
- Clear and consistent communication – Our team prioritizes effective communication. We strive to make ourselves as accessible as possible so you can get prompt answers to any questions you have about your case.
- Compassionate support – Workplace injuries impact every aspect of a victim’s life. We don’t just offer skilled legal guidance. We deliver compassion and understanding when you need it most.
- Tenacious representation – Insurance companies will fight to minimize your payout. We can return that fight to them by advocating aggressively for your best interests every step of the way.
Our reputation is backed by a long list of heartfelt testimonials from satisfied clients. For example, one of our past clients wrote:
“I worked with Kreger Brodish on a workers’ compensation case. They were always clear and up front with costs, expectations, and scenarios. My case took a long time to resolve, and they were always checking in with information to keep me appraised. In each step, they presented my options and the pros/cons from their legal analysis, but it was always my decision. I felt heard and supported, and in the end we achieved an acceptable resolution.”
—Tim M., Durham
Frequently Asked Questions About NC Workers' Comp
An initially denied claim does not necessarily mean you cannot receive benefits. You have the legal right to appeal a denial. Many injured workers go on to receive benefits on appeal.
Your attorney can review the reasons for denial and use that information to rebut the insurance company’s claims and fight for your rightful compensation.
Workers’ compensation attorneys tackle all the various tasks associated with seeking benefits after a workplace injury.
They can investigate the accident, gather evidence, interview witnesses, file your claim, communicate with insurers, negotiate for a fair settlement, appeal denials, and represent you at hearings when necessary.
You are not legally required to have an attorney to seek workers’ comp benefits, but working with a lawyer offers significant strategic advantages.
A skilled attorney understands the workers’ comp system, North Carolina workers’ comp laws, and all the tactics insurers use to deny or reduce claims.
Contact Our Durham Workers’ Compensation Attorneys to Learn More
If you have suffered injuries in a work-related accident, you need an experienced workers’ comp attorney to protect your rights. The team at Kreger Brodish LLP stands ready to help you secure the care you need and build a compelling claim for the benefits you deserve.
Contact us today to set up your free consultation.
