Have you suffered a work injury in Durham, NC? Dealing with an unexpected injury can be challenging, especially if it affects your ability to work and earn a living. You might be feeling overwhelmed and unsure about what to do next. If so, you should know that you could be entitled to workers compensation benefits, and a Durham workers compensation attorney can help you claim them.
At Kornbluth Ginsberg Law Group, P.A., our law firm’s main practices are personal injury and employment law. We are well-rounded to handle all aspects of each — particularly workers comp matters, which fall squarely in a critical overlap of these two practices. You can be assured that our lawyers understand the challenges you’re facing. We can navigate the workers compensation claims process and pursue the benefits you are due while you focus on getting better. Further, if you are denied benefits, our lawyers can fight the decision with a workers compensation appeal.
Don’t go through this alone. Contact Kornbluth Ginsberg today for a free, no-obligation consultation, and let us help you get back on track.
How a Durham, NC, Workers Compensation Attorney Can Help You
Having an experienced lawyer by your side can make all the difference if you have a workers comp claim. A Durham workers compensation lawyer from Kornbluth Ginsberg can help you by:
- Gathering necessary medical records and evidence to support your claim
- Filing all required claim forms and paperwork on time
- Calculating the correct amount of benefits you should receive
- Negotiating with workers compensation insurers on your behalf
- Representing you at hearings and other legal proceedings
- Preparing you for any testimony or statements you must provide
- Challenging any denials of your workers compensation claims through appeals
- Protecting your rights throughout the claims process
- Never charging any fees unless we secure compensation in your workers compensation claim
What Is Workers Compensation?
Workers compensation is a type of insurance that provides monetary benefits to employees who get hurt on the job or fall ill because of the job. Its purpose is to ensure employees get the financial support and care necessary to recover and return to work.
It is a no-fault system, which means eligible employees can receive benefits no matter who was at fault for their injury or illness. Workers comp benefits cover medical expenses and replace a portion of lost wages when workers can’t return to their jobs.
Are All Durham, NC, Businesses Required to Provide Workers Comp?
No. Not all businesses in Durham, North Carolina, must provide workers comp insurance. However, most do. Specifically, all employers with at least three employees must have workers comp insurance or qualify as self-insured. This requirement applies to corporations, sole proprietorships, limited liability companies (LLCs), and partnerships.
All businesses with employees who work with radiation must provide coverage regardless of how many people they employ. Notably, employers cannot sidestep these insurance requirements by classifying their workers as independent contractors.
However, there are specific exemptions to these requirements for:
- Certain railroad workers
- Casual employees
- Domestic workers employed by households
- Small farm laborers
- Federal employees
- Agricultural product sellers
What Should I Do If I Am Hurt on the Job in Durham, NC?
If you get hurt on the job in Durham, the first thing you should do is seek medical care. Unless it’s an emergency or you apply for an exception, you must see a doctor of your employer’s choice. Make sure to tell the doctor that your injury is work-related.
Next, inform your employer about your on-the-job injury. It’s a good idea to do so immediately, but make sure you wait no longer than 30 days to preserve your right to apply for workers compensation. The best practice is to provide a written notice and keep a copy for your records.
After you notify your employer, they should coordinate with their workers comp insurer to get you the benefits you are due. If you do not receive adequate benefits, you have two years from the injury date or your last benefit payment to file a workers compensation lawsuit with the North Carolina Industrial Commission (NCIC).
What Benefits Can I Receive from Workers Compensation?
Workmans’ comp benefits are intended to cover your medical expenses, replace a portion of lost wages, and provide additional support depending on the severity and duration of your disability. The following are the various benefits you could receive under North Carolina’s workers compensation laws:
- Medical Care Benefits – Workers comp covers all necessary medical treatments related to your work injury, including hospital visits, medications, surgeries, and rehabilitation. Additionally, if you must travel for treatment, you can claim compensation for reasonable travel expenses.
- Temporary Total Disability Benefits – If your work-related injury or illness prevents you from working at all, you might qualify for temporary total disability (TTD) benefits. These benefits are not available for the first seven days of disability unless your inability to work lasts 21 days or more. TTD benefits cover up to two-thirds of your average weekly wages (AWW) from before the injury, subject to certain maximum limits, and can continue for up to 500 weeks. Extensions are possible, but they require proof of ongoing total disability.
- Temporary Partial Disability Benefits – If you can return to work after an injury but cannot work at your full capacity, you might receive temporary partial disability (TPD) benefits. These benefits pay up to two-thirds of the difference between your current earnings and your pre-injury wages. If your injury aligns with those in the state’s schedule of injuries, you could receive benefits at the full TTD rate during your recovery period.
- Permanent Partial Disability Benefits (Unscheduled) – For permanent partial disabilities not listed in the injury schedule, such as significant damage to internal or external organs or other serious disfigurements, North Carolina law allows for lump-sum awards. These awards can go up to $20,000, depending on the body part and severity of the disability or disfigurement.
- Scheduled Loss of Use Awards – If you’ve permanently lost the use of specific body parts like hands, arms, or legs, you could be entitled to benefits according to the schedule of injuries. These benefits are worth two-thirds of your AWW multiplied by the number of weeks assigned to the affected body part, adjusted depending on an impairment rating assigned by your doctor.
- Permanent Total Disability Benefits – Certain severe injuries could qualify you for permanent total disability (PTD) benefits. These include the loss of both eyes, hands, or legs, severe brain or spinal cord injuries, or extensive burns. These benefits are available at the same rate as TTD benefits and can continue for life in certain situations.
- Vocational Rehabilitation Benefits – If you are unable to earn at least 75 percent of your pre-injury wages, you could receive vocational rehabilitation benefits. These benefits cover services that help you return to the workforce through retraining and education.
If your workers comp claim in Durham, NC, gets denied, don’t lose hope. There is an appeals process that allows you to challenge the denial and seek the benefits you believe you are owed. However, the appeals process is complex, which is why you should seek help from a workers compensation lawyer in Durham if you receive a denial. They can handle every aspect of your appeal, gather solid evidence to support your claim, and improve your chances of a successful outcome.
Workers from various industries are at risk for on-the-job injuries, but certain types of workers are particularly vulnerable, especially those in roles that involve physical labor or heavy machinery. Workers who frequently suffer from workplace injuries in North Carolina include:
- Construction workers
- Warehouse workers
- Factory workers
- Healthcare professionals
- Firefighters
- Police officers
- Electricians
- Carpenters
- Truck drivers
- Farmers
- Roofers
- Welders
- Mechanics
- Landscapers
- Food service staff
- Miners
- Railroad workers
Work accidents typically occur when employers overlook important safety measures or fail to provide appropriate equipment or training. Many occupational accidents happen due to the following:
- Falls from heights, such as ladders, roofs, or scaffolding
- Slip-and-falls or trip-and-falls on wet floors or cluttered walkways
- Machinery accidents involving equipment with missing or inadequate safety guards
- Overexertion from lifting, pulling, or carrying heavy objects
- Struck-by-object incidents involving falling tools, materials, or debris
- Electrocutions from contact with exposed wires or incomplete electrical installations
- Exposure to harmful substances resulting in chemical burns or respiratory injuries
- Repetitive motion injuries from continuous strains like typing or assembly line work
- Fire and explosions resulting from gas leaks or improper handling of flammable materials
- Vehicle accidents involving company vehicles or forklifts
Workers compensation provides coverage for a wide range of occupational injuries. These injuries can vary greatly in severity and type, depending on the nature of the work and the circumstances of the accident. Here are some common types of work-related injuries that workers comp typically covers:
- Cuts and lacerations
- Sprains and strains
- Broken bones
- Burns
- Electrical shocks
- Hearing loss
- Vision loss
- Respiratory issues
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Crush injuries
- Repetitive strain injuries
- Harmful exposure injuries
Contact a Durham, NC, Workers Compensation Lawyer Today
Did you get hurt at work in Durham, North Carolina? Let Kornbluth Ginsberg assist you. Our team is ready to handle every detail of your workers compensation case and get the benefits you need for your recovery. Call us now for an initial consultation, and let’s start working together to help you heal and move forward.
