Workers Compensation Attorney in Sanford

Suffering an injury or acquiring an illness on the job can be among the most disruptive events in an employee’s life. Medical expenses for an on-the-job injury can be overwhelming. If the work injury or condition forces you to lose income, the financial consequences can be devastating. However, most North Carolina employees are eligible to file for workers compensation benefits, which can minimize the economic impact of an injury.

But filing a workers compensation claim can be difficult, especially when you are healing from your injury or illness. When you enlist the services of a Sanford, NC, workers compensation attorney, they can help you maximize your chances of success so you can obtain the workers comp benefits you’re owed.

At Kornbluth Ginsberg Law Group, P.A., our law firm’s main practices are employment law and personal injury. We have decades of experience handling all aspects of each, particularly workers compensation matters, which fall squarely in a critical overlap of these two practices.

The seasoned legal team at Kornbluth Ginsberg has the resources and knowledge to support you at this challenging time. We can navigate the workers comp claims process and pursue the benefits you’re entitled to as you focus on recuperating. In addition, if your benefits are denied, our attorneys can fight the ruling with a workers compensation appeal.

Learn what a workers compensation lawyer in Sanford, NC, can do for you. Call Kornbluth Ginsberg today or contact us online for a free, no-obligation consultation.

How a Sanford, NC, Workers Compensation Attorney Can Help You

Many injured workers may wonder why they need an attorney for a workers compensation case if their right to benefits is protected by law. However, employers and insurance companies often try to minimize or deny valid claims to protect their financial interests.

An experienced workers compensation attorney can help ensure that your rights are protected so you can receive the full benefits you are entitled to under the law. They can help you manage the complex claims process, gather necessary evidence and documentation, and argue your case persuasively if you must file a workers compensation lawsuit. Having skilled legal representation can level the playing field against the insurance company’s attorneys and can give you the best chance at a successful outcome.

What Is Workers Compensation?

Workers compensation (also known as workers comp or workmans’ comp) is a government-mandated program. It allows employees the opportunity to receive compensation for medical expenses as well as wage replacement benefits if they sustain an injury or acquire an illness on the job. Businesses are required to carry workers compensation insurance, and eligible employees can apply for benefits through their employer.

Workers compensation is a no-fault system. The injured party does not have to demonstrate that anyone — including their employer — was at fault for the injury. The worker will be eligible for benefits even if their injury or condition resulted from their own actions. The only exceptions are deliberate self-inflicted injuries and injuries that are the result of the employee’s intoxication.

Are All Sanford, NC, Businesses Required to Provide Workers Comp?

According to the North Carolina Department of Insurance (NCDOI), all North Carolina businesses with three or more employees must carry workers comp insurance. The only exceptions to this law are:

  • Agricultural employers with fewer than 10 employees
  • Some sawmill and logging operations
  • All domestic employees (maids, nannies, etc.)

Part-time and seasonal workers qualify as employees for workers comp purposes.

What Should I Do If I Am Hurt on the Job in Sanford, NC?

If you suffer a work-related injury or illness in Sanford, NC, it’s crucial to take the proper steps to protect your health and your right to workers compensation benefits:

  • Report the injury to your employer in writing as soon as possible. You have 30 days, but it’s best to do it immediately.
  • Seek medical treatment right away and follow your doctor’s instructions. Tell the provider it’s a work injury.
  • File a Form 18 workers comp claim with the NC Industrial Commission within two years, but the sooner, the better.
  • Consult an experienced Sanford, NC, workers compensation lawyer from Kornbluth Ginsberg to ensure your rights are protected.

Taking these steps promptly and properly is vital for getting the medical care and wage replacement benefits you need and deserve.

What Benefits Can I Receive from Workers Compensation?

The benefits you receive for your work injury or illness will depend on several factors, such as the nature of your condition, how much time you are forced to miss from work, and whether your injuries permit you to return to the same role as before.

In general, injured employees are eligible to receive:

  • Compensation for reasonable medical and rehabilitation costs
  • Reimbursement for travel expenses to medical appointments
  • Wage replacement for time off work if you have a temporary disability
  • Lump sum settlements for permanent disability, loss of a body part, or hearing or vision loss
  • Death benefits for dependents of workers who lost their lives due to a work injury or illness

A knowledgeable North Carolina workers compensation attorney from Kornbluth Ginsberg can help you understand what benefits might be available in your case.

In some cases, a third party, such as a subcontractor or an individual visiting your place of employment), may contribute to your work injury. In these instances, you may be able to file a claim for additional compensation against the at-fault party’s insurance company. Your work injury lawyer can advise you about whether such a claim is possible in your circumstances.

What Happens If My Sanford, NC, Workers Comp Claim Is Denied?

Workers compensation applicants frequently face initial denials. Claims can be denied for many reasons, including the following:

  • Mistakes leading to inaccurate information on the claim
  • Incomplete information on the claim
  • Missed claim deadlines
  • Lack of evidence that you require medical treatment to recover
  • Lack of evidence that your injury requires you to take time off work
  • Failure to adhere to your doctor’s treatment instructions
  • Conflicting accounts of how the work condition occurred

If your claim has been denied for any of the above or any other reason, a skilled attorney from Kornbluth Ginsberg can help you understand your options and determine a strategy for your appeals process.

Initially, this will involve filing an appeal claim with the North Carolina Industrial Commission (NCIC). If this initial appeal is denied, you can request a hearing with the NCIC and attend a mediation session. If the mediation is unsuccessful, you can request a hearing before the NCIC’s Deputy Commissioner. If their decision does not go your way, you can appeal to the Full Commission of the NCIC.

While the workers compensation appeal process can be stressful and confusing, having a skilled and experienced workers comp attorney on your side can help make the experience as effective and efficient as possible.

What Types of Workers Are Frequently Injured on the Job

While any employee can potentially get injured at work, some occupations carry a higher risk. In North Carolina, workers in industries like construction, manufacturing, healthcare, retail, transportation, and agriculture tend to experience on-the-job injuries more frequently. As examples:

  • Construction workers face hazards like falls, being struck by objects, electrocution, and caught-in/between incidents.
  • Factory and warehouse workers are prone to injuries from heavy machinery, repetitive motions, and unsafe working conditions.
  • Nurses and other healthcare staff often suffer musculoskeletal disorders from lifting patients.
  • Retail and restaurant employees frequently experience slip-and-falls or overexertion.
  • Truck drivers are at high risk for transportation incidents.
  • Agricultural workers face dangers from heavy equipment, chemicals, and environmental conditions.

Seeking workers comp benefits can provide critical support when injuries in these and other fields occur.

How Do Work Accidents Typically Occur?

Workplace accidents can happen in many ways, but some of the most common include:

  • Slip-and-falls and trip-and-falls on wet, cluttered, or uneven surfaces
  • Overexertion from lifting, pushing, pulling, or carrying
  • Being struck by falling objects or moving equipment
  • Transportation incidents involving work vehicles
  • Caught-in or compressed by equipment or objects
  • Exposure to harmful substances or environments
  • Repetitive motion strain from repeated physical actions
  • Workplace violence from co-workers, customers, or others

While some accidents are unforeseeable events, many arise from unsafe working conditions, lack of proper training, inadequate safety gear, or unrealistic employer demands. Workers compensation benefits generally cover injuries regardless of fault, with only narrow exceptions. You can clarify your rights in your situation by consulting a workers comp lawyer from Kornbluth Ginsberg.

What Injuries Are Covered by Workers Compensation?

North Carolina workers compensation covers a wide range of work-related injuries and illnesses, including:

  • Traumatic physical injuries like fractures, burns, lacerations, and brain injury
  • Repetitive stress injuries like carpal tunnel syndrome and tendonitis
  • Occupational illnesses caused by exposure to toxins, chemicals, infectious agents, etc.
  • Hearing or vision loss from occupational conditions
  • Mental health conditions arising from abnormally stressful working conditions
  • Aggravation or exacerbation of pre-existing conditions by work activities

Covered injuries can arise from one-time accidents or develop over time from job duties. They can range from minor to disabling to fatal. If you are unsure whether your injury is covered, a knowledgeable workers comp attorney from Kornbluth Ginsberg can assess your situation and advise you on your eligibility for benefits.

Contact a Sanford, NC, Workers Compensation Lawyer Today

Sustaining a workplace injury can be a life-altering event. However, it does not have to be the source of permanent financial upheaval. Workers have rights in North Carolina, and the compassionate attorneys at Kornbluth Ginsberg are dedicated to protecting them.

When you have our team on your side, you have the support and advocacy of knowledgeable and skilled legal professionals who want what is best for you. Call our North Carolina workers compensation team today or contact us online for a free, no-obligation consultation.