Workers Compensation Attorney in North Carolina
Work injuries and illnesses can be a significant source of physical pain, financial upheaval, and anxiety about the future. If your on-the-job injury prevents you from working for any amount of time, you may be concerned about your ability to continue paying your bills. This worry may become even more pronounced due to the expensive treatment costs your work injury may require.
But sustaining an injury or developing an illness at work does not need to be catastrophic for your financial health. In most cases, you may be eligible to file a workers compensation claim to receive benefits through your employer’s insurer. While the steps toward filing a successful claim can be confusing, a skilled North Carolina workers compensation lawyer with Kornbluth Ginsberg Law Group, P.A., can demystify the process, explain your rights, and increase your chances of receiving the benefits you deserve.
Thousands of injured employees needing assistance with workers comp have turned to Kornbluth Ginsberg because of our distinct expertise. With personal injury and employment law as our two primary practice areas, workers comp matters fall squarely into a critical overlap. This makes us well-rounded to handle all aspects of your claim, from the initial filing to making a compelling argument on appeal if you’re denied benefits.
Let us help you take steps toward a brighter and more secure future. Call us today or contact us online for a free, no-obligation consultation with a workers compensation lawyer in North Carolina.
How a North Carolina Workers Compensation Attorney Can Help You
Figuring out the complex workers compensation system can be daunting, especially when you are trying to focus on recovering from your work-related injury or illness. A skilled North Carolina workers compensation attorney can provide valuable assistance throughout the process. They can gather the necessary documentation to support your claim, file your claim correctly, and meet all deadlines.
Your attorney will also communicate with your employer and their insurance company on your behalf, advocating for your rights and fighting to secure the maximum benefits available in your case. If your claim is denied or disputed, your workers comp lawyer will be prepared to file a workers compensation appeal and represent you at any necessary hearings.
What Is Workers Compensation?
Workers compensation is a federally mandated program. It allows employees who have suffered injuries or acquired illnesses at work to recover compensation for losses relating to their on-the-job condition. Workers comp (also called workmans’ comp) is available to employees who are injured at work or become ill because of their employment.
Under North Carolina workers compensation laws, an employee can recover benefits regardless of who is liable for the injury. Even if the worker’s own actions lead to the injury, they still have a right to apply for workers compensation. The only exceptions are if the employee injures themselves deliberately or while under the influence of alcohol or drugs.
Are All North Carolina Businesses Required to Provide Workers Comp?
Under North Carolina law, all businesses with three or more employees are required to carry workers compensation insurance. Those who do not meet this requirement may face strict penalties and may even be forced to cease operations.
It is worth noting, however, that the following categories of employers are not required to carry workers comp insurance in North Carolina:
- Agricultural employers who have fewer than 10 employees
- Some sawmill and logging entities
- All domestic employers
Are you unsure whether your employer should legally carry a workers comp insurance policy? Speak to a knowledgeable North Carolina workers compensation lawyer from Kornbluth Ginsberg to learn whether they are mandated to do so. In addition to helping you receive the benefits you deserve, we can also hold your employer accountable if they don’t carry the required workers compensation insurance.
What Should I Do If I Am Hurt on the Job in North Carolina?
If you suffer an injury or illness at work, it is crucial to take the following steps to protect your health and your right to workers compensation benefits:
- Notify your employer of the incident as soon as possible, ideally in writing.
- Seek medical attention right away, even if your injury seems minor. Be sure to inform the medical provider that your condition is work-related.
- Follow your doctor’s treatment plan and attend all follow-up appointments.
- Keep detailed records of your medical visits, expenses, and any time you miss work due to your injury.
- Contact an experienced North Carolina workers compensation attorney who can guide you through the claims process and fight for the benefits you deserve.
What Benefits Can I Receive from Workers Compensation?
The benefits you are eligible to receive for your work-related injury will depend on the unique circumstances of your workers compensation case. In general, the following benefits may be available:
- Medical coverage to treat your injury or condition
- Weekly wage compensation benefits, which may be temporary or partial depending on whether and to what extent you are able to return to work
- Permanent disability benefits for permanent injuries
- Lump-sum payments for future medical needs and future lost income if you are able to reach a compromise settlement agreement
- Mileage reimbursement for travel to and from your medical appointments
- Vocational rehabilitation, in some cases
Consult a seasoned North Carolina workers comp attorney from Kornbluth Ginsberg to better understand the benefits available to you.
What Happens If My North Carolina Workers Comp Claim Is Denied?
If your workers compensation claim is rejected, do not lose hope. You have the right to appeal the decision, and a knowledgeable workers comp attorney can handle this process for you.
Your lawyer will review the reasons for the denial and gather additional evidence to strengthen your claim. They may request a hearing before a Deputy Commissioner of the North Carolina Industrial Commission. At this hearing, your attorney will present arguments on your behalf and cross-examine any witnesses in your workers compensation lawsuit.
If necessary, your attorney can appeal the decision of denial to the Full Commission. If that result is unsatisfactory, it may be possible to file an appeal with the North Carolina Court of Appeals. Throughout the appeals process, your workers compensation lawyer will fight tirelessly to overturn the denial and secure the benefits you need to recover from your work-related injury or illness.
What Types of Workers Are Frequently Injured on the Job
While any employee can potentially suffer a work-related injury or illness, some occupations carry a higher risk due to the nature of their job duties. Workers in the following fields are among those most frequently injured on the job:
- Construction Workers – Due to the physically demanding tasks, heavy machinery, and hazardous materials involved in their work, construction workers face a high risk of injuries such as falls, burns, and electrical shocks.
- Healthcare Professionals – Nurses, nursing assistants, and other healthcare workers are prone to injuries from lifting and moving patients, exposure to infectious diseases, and slip and fall accidents.
- Manufacturing and Factory Workers – Those who work with heavy machinery, repetitive motions, and hazardous materials in manufacturing and factory settings are at risk for injuries such as amputations, crush injuries, and repetitive stress injuries.
- Transportation Workers – Truck drivers, delivery personnel, and other transportation workers are susceptible to injuries from traffic accidents, loading and unloading cargo, and long periods of sitting.
- Agricultural workers – Farm workers and others in the agricultural industry face risks such as injuries from heavy machinery, exposure to pesticides and other chemicals, and heat-related illnesses.
How Do Work Accidents Typically Occur?
Work accidents can happen in many ways, depending on the specific job and work environment. Some of the most common causes of workplace accidents include:
- Slip-and-Fall and Trip-and-Fall Accidents – These incidents can occur due to wet or slippery floors, uneven surfaces, cluttered walkways, or inadequate lighting.
- Overexertion – Injuries from lifting, pushing, pulling, or carrying heavy objects are common in many occupations.
- Machinery Accidents – Workers can suffer injuries from getting caught in, struck by, or crushed by machinery or equipment.
- Vehicle Accidents – Employees who drive for work, such as truck drivers or delivery personnel, are at risk of being involved in traffic collisions.
- Falling Objects – Workers can be struck by falling tools, equipment, or materials, particularly in construction or industrial settings.
- Exposure to Harmful Substances – Employees can suffer illnesses or injuries from exposure to chemicals, asbestos, mold, or other hazardous materials.
What Injuries Are Covered by Workers Compensation?
Workers compensation covers a wide range of work-related injuries and illnesses, including:
- Traumatic Physical Injuries – These include fractures, burns, lacerations, amputations, and other injuries caused by a specific accident or event.
- Repetitive Stress Injuries – Conditions such as carpal tunnel syndrome, tendonitis, and back strain can result from repetitive motions or prolonged periods of sitting or standing.
- Occupational Illnesses – Workers comp covers illnesses contracted due to exposure to hazardous substances or conditions in the workplace, such as asbestosis, silicosis, or radiation sickness.
- Aggravation of Pre-Existing Conditions – If a work-related accident or exposure aggravates a pre-existing medical condition, workers compensation may cover the worsening of the condition.
- Mental Health Conditions – In some cases, workers compensation may cover mental health conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD) that result from work-related trauma or stress.
Contact a North Carolina Workers Compensation Lawyer Today
The compassionate attorneys at Kornbluth Ginsberg understand how devastating it can feel to suffer a workplace injury or acquire an illness on the job. The anxiety about your future can be debilitating, and the process of filing a workers compensation claim can be confusing and frustrating.
Our skilled and experienced lawyers are here to give you the support and advocacy you need at this challenging time. We can help you cut through the red tape so you can access the benefits you deserve. Our attorneys have many decades of combined legal experience, and our track record demonstrates our commitment to securing favorable results for our clients.
Do not embark on this journey alone. Contact us today for a free, no-obligation consultation with a North Carolina workers compensation attorney from Kornbluth Ginsberg.