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.
Kreger Brodish LLP, Durham Office
5003 Southpark Drive
Suite 200. Durham, NC 27713
Case Results and Settlements for Our Clients
Confidential Workers’ Compensation Settlement
After our client sustained a debilitating workplace injury requiring surgery and extensive therapy, his employer refused to provide the benefits he deserved. We took the case to the North Carolina Industrial Commission, successfully litigating the claim to secure a significant recovery for our client.
$175,000.00 Settlement
When an employer denied a claim for severe hand, shoulder, knee, and back injuries, we stepped in to help. We secured a substantial settlement that provided the funds our client needed for multiple surgeries and a full medical recovery.
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.
Who Qualifies for Workers’ Compensation?
In North Carolina, all employers with three or more employees must carry workers’ compensation insurance for their workers.
That means nearly all employees who got hurt on the job can qualify for workers’ compensation benefits.
The injury must occur while the worker is performing their job duties, or the injury must arise out of the job.
Self-inflicted injuries or injuries caused by illegal behavior, like taking illegal drugs, do not qualify for workers’ compensation benefits. Injuries that occur while the worker is off work don’t qualify.
Who is Covered by NC workers’ compensation?
Workers’ compensation insurance covers most employees.
That means full-time, part-time, temporary, and seasonal employees are covered.
Family members working for the business are covered, as are illegal workers, regardless of their immigration status. Minors are covered, as well, whether they are lawfully employed or not.
Some high-risk industries must have workers’ comp coverage regardless of the number of employees.
This is true for contractors and truck drivers. Additionally, state and local government employees are covered.
These workers include the following:
- Paid full-time, part-time, and temporary workers
- University employees
- Community college workers paid with state funds
- Elected state officials
- General Assembly members
- Local government workers
Emergency workers, first responders, and volunteers are covered by workers’ compensation.
Who Is Exempt from Workers’ Comp in North Carolina?
Several classes of workers cannot get workers’ compensation benefits, including the following:
- Independent contractors
- Railroad workers
- Casual employees
- Small farm laborers
- Federal employees
- Household domestic workers
- Agricultural workers on farms with fewer than ten non-seasonal full-time employees
- Business owners and officers
What Does a “No Fault System” Mean for Workplace Accidents?
Workers’ compensation in North Carolina is a no-fault system.
That means an injured worker does not have to prove that someone else caused their accident or was at fault for their injury. Additionally, you can’t be denied benefits if you were partly to blame for the injury.
In exchange for being able to access benefits without proving fault, employees are prohibited from suing their employer for their workplace injuries except in limited circumstances.
That makes workers’ compensation the “exclusive remedy” for workers who were injured on the job.
An employer or coworker could be sued for a workplace injury if the injury was intentionally inflicted or caused by the employer’s or coworker’s misconduct.
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.
Common Causes of Workplace Accidents in Durham
Workplace injuries can occur for a variety of reasons and in many ways. Some causes of workplace accidents include the following:
- Slip, trip, and fall accidents
- Chemical burns
- Electrical burns
- Caught in or between accidents
- Repetitive motion injuries
- Exposure to hazardous chemicals or substances
- Exposure to loud noise
- Motor vehicle accidents
- Overexertion
- Falls from heights
- Failure to use personal protective equipment
- Struck by objects
- Electrical hazards
Other causes can be specific to the occupation, such as needle sticks for healthcare providers or blast injuries from drilling and blasting.
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.
North Carolina Workers’ Compensation Claims Process
After getting medical treatment for your injuries, you should begin the workers’ compensation process. That includes taking the following steps:
Step 1: File Form 18
You must file a Notice of Accident to Employer and Claim of Employee (Form 18) with the North Carolina Industrial Commission (NCIC) to create a legal claim for your injury.
Step 2: Await a Response to Your Form 18
Your employer must respond to the NCIC within 14 days about whether they will accept or deny your claim.
If they accept your claim, they will file an Employer’s Admission of Employee’s Right to Compensation (Form 60), and you will begin receiving benefits.
If they deny your claim, the employer will file a Denial of Workers’ Compensation Claim (Form 61). When the employer needs more time to investigate, they’ll file a Notice to Employee of Payment Without Prejudice (Form 63).
When you get this form, your employer will pay for your medical expenses and lost wages for up to 90 days while they investigate the accident.
Step 3: File Form 33
If your claim was denied, you can file a Request for Hearing (Form 33) with the NCIC. Once you file a Form 33, you will be required to participate in mediation with the insurer before your case can go to a hearing.
If mediation fails, a Deputy Commissioner will act as an Administrative Law Judge and hear your case during a formal hearing.
In most cases, the hearing will be held in the county where the injury occurred. The Deputy Commissioner has 180 days to make a decision in the case. The decision will be issued as an “Opinion and Award.”
If you lose, you can appeal to the Full Commission, which usually takes nine to fifteen months.
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.
Workers’ Compensation vs Personal Injury Claims in North Carolina
Workers’ compensation benefits are only available to employees who were injured on the job.
The benefits pay for authorized medical expenses and partial wage replacement. An injured worker could also be eligible for vocational rehabilitation. If an injured worker dies from their injuries, their surviving dependents can be paid benefits.
Personal injury claims, on the other hand, can be filed by anyone whose injuries were caused by someone else.
If you suffered a work injury that was caused by someone other than your employer or a coworker, you could be entitled to file a personal injury lawsuit as well as a workers’ compensation claim.
In a personal injury case, you can receive compensation for all the medical expenses incurred to treat your injury, both currently and in the future if ongoing care is required.
A personal injury settlement or award can include all of your lost income, including tips, bonuses, commissions, and raises you missed while you were off work. You can recover money for lost future earning capacity if your injury results in permanent impairment that prevents you from continuing your current career.
You can also get money for pain and suffering, which is not available in workers’ compensation claims.
A seasoned workers’ compensation attorney can advise you about whether you qualify to file a personal injury case.
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.
What our client said
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
Serving Durham, NC and Surrounding Areas
Kreger Brodish LLP serves injured workers in Durham, North Carolina, and the surrounding areas.
We also serve clients in Raleigh and have an office in Greensboro as well. You can reach us at any of our conveniently located offices, where we will be happy to meet with you and discuss your case.
Your initial consultation is free and fully confidential, there are no upfront costs for us to get started on your case, and you pay nothing unless we successfully resolve your matter.
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.
