Workers’ compensation is a type of insurance that protects you from most work-related injuries or illnesses. It pays benefits to people who are injured on the job and provides medical care for those who have been hurt.
In this article, we will discuss some of the basics of workplace injuries in Beaufort NC so that you know what to expect if you were hurt in an on-the-job accident.
When should I file a claim for a workplace injury?
If you are injured at work, it is important to file a claim as soon as possible. Filing a claim includes providing your employer with proper notice of the accident or personal injury.
You should file a claim using the proper form. In North Carolina, that’s called a “Notice of Accident to Employer and Claim.”
Filing a claim quickly can help ensure that you receive the benefits you deserve. You should also seek medical treatment for your injury. Receiving medical treatment is important to help prove your injury is work-related.
What benefits can I receive if my claim is approved?
If your claim is approved, you may be eligible for the following benefits:
- Medical expenses related to the injury. This includes ambulance transportation, hospital stays, and doctor visits.
- Temporary partial disability payments. If you are unable to work due to your injury, you may receive a percentage of your lost wages. This payment is intended to help you while you are recovering from your injury.
- Permanent partial disability payments. If you have an ongoing injury that prevents you from returning to your previous job, you may receive a monthly payment.
- Permanent total disability payments. If you are not expected to ever be able to work again due to your injury, you may receive a monthly payment for a substantial period of time.
- Rehabilitation services and equipment such as crutches or wheelchairs if needed after an amputation or serious injury, back surgery, and other medically necessary treatment.
- Death benefits if the injury results in death.
The workmens compensation system is complex, and there are many things to consider when making a claim. If you have been injured on the job, it is important to speak with an attorney who understands your legal issue and can help you get the benefits you deserve.
Do I need a lawyer for an on-the-job Injury?
Your employer is required to carry Work Comp insurance or have the financial ability to pay claims without insurance.
Comp lawyers in Beaufort may refer to that as the employer being “self-insured.”
If you are hurt on the job, your employer’s insurance will pay for your medical care and may provide compensation for time off work (wage loss) if you can’t return to your regular job after treatment.
You might think that it would be difficult or expensive – or both- to hire a law firm to help you with your Work Comp claim.
Under North Carolina’s personal injury employment laws, an injured worker cannot file a lawsuit against his employer for ordinary negligence. The normal processes of lawsuits and trials in court are essentially prevented under the North Carolina Workers’ Compensation Act.
Given the complexities of the system, particularly with Comp Claims and possible third-party liability in certain instances, we think it important to have an experienced lawyer on your side when you file a Work Comp claim.
Our legal team works hard to achieve a full and fair settlement.
Your employer’s insurance company probably has lawyers working for them, and they are likely to try to settle your case quickly and for as little money as possible. You need someone fighting for you who knows the law and will protect your legal interests.
Insurance companies look out for the employer and their stockholder’s best interests. While it seems only fair to pay injured workers for lost wages and injuries, sometimes employers don’t do the right thing. Sometimes they deny claims for personal injury. They may even tell you they “aren’t covered” or “you’ll get fired if you file a Comp Claim.”
If you have been injured on the job, call us today for a free consultation to discuss your worker’s compensation claim. We are here to help!
How much is my claim worth in Beaufort?
This is a difficult question to answer without knowing the specific facts of your case.
North Carolina uses a system called “compensation-based” which means that the amount of money you receive for your work injury will be based on your wage loss, loss of ability to work, and your medical bills.
In other words, if you are out of work for a long time – meaning you are not able to return to work as a result of the injury, and/or you have high medical bills from surgeries or extended hospital stays associated with the work-related injury, those will be factors in calculating how much money you can receive.
In addition, if there is any possibility that your injury was caused by someone other than your employer – for example, if you were injured in a car wreck on the way to work and your employer is not at fault, you may be able to make a claim against the driver of the other vehicle- then your workers’ compensation benefits will likely be reduced.
Your lawyer can help you understand your legal options, how the law applies to your legal issues, and help you get the most money possible for your injuries.
Workers’ compensation is a no-fault system – what does that mean?
In a nutshell, “no-fault” means that you don’t have to prove that anyone was at fault in order to receive benefits.
Your employer’s insurance company (or the employer company depending on insurance coverage/availability) is responsible for providing benefits to you, regardless of who was at fault in the accident.
This can be a difficult concept to understand, as most people are used to thinking about accidents and injuries in terms of “who did what?” and assigning blame.
But under workers’ compensation, the focus is not on blame- it’s about getting you the fair compensation and medical care that you need.
It is important to remember, however, that if your injury was caused by someone other than your employer (e.g., a visitor to your workplace or another employee), then the “no-fault” rule may not apply.
In those cases, you may have a right to file a third-party claim against that person or entity, and you should consult with an experienced personal injury attorney to discuss your legal rights.
Am I entitled to lost wages?
There are many factors that will go into calculating how much money you can receive for a work-related injury.
Some of the most important include the nature and severity of the injury, how long it takes for you to recover, and your average weekly wage.
If you are unable to work due to the injury, you may be entitled to receive temporary total disability benefits (TTD), which is a percentage of your average weekly wage.
The amount of TTD benefits available will depend on how long you are out of work.
What happens if someone gets killed while working?
If someone is killed as a result of their job duties, their spouse or dependents may be entitled to death benefits.
These benefits are in addition to any workmans compensation benefits that the deceased person would have been eligible for.
The amount and eligibility for these benefits can vary depending on the specific situation, so it is important to speak with an experienced Work Comp lawyer in Beaufort if you have lost a loved one as a result of their job duties.
How much does it cost to hire a lawyer?
The good news is that you don’t have to pay for your workers’ compensation benefits.
If you move forward with an attorney-client relationship, we charge a contingency rate (meaning they only get paid if you win).
We provide a free consultation. We’d love to research your accident and help determine the next steps available in the process. Your comfort level is important to us.
Do I have to hire a lawyer if I just want to ask some basic questions?
You are not required to hire a workers’ compensation lawyer in order to file your claim, but if you want full and fair benefits under the North Carolina Workers’ Compensation Act, it may be a good idea to consult with an attorney.
In addition, having an experienced workers’ compensation attorney on your side can help ensure that all of the necessary paperwork gets filed correctly and expedites the process of receiving benefits.
If you have any more questions about legal issues eastern North Carolina, please don’t hesitate to contact us to schedule your free consultation. We would be happy to answer your questions and help you understand your legal rights.
Do you have questions about your Comp Claim?
Contact us today for more information about your legal issue. We offer a free consultation. It’s up to you whether to hire a lawyer. We think having helpful information about your legal rights makes that decision a bit easier.
Beaufort NC Personal Injury Attorneys – Kevin Jones – Workers Compensation Lawyer in Beaufort NC
Here are some key points to remember:
- If you are injured on the job, you may have the right to file a claim for lost wages, loss of limb, loss of range of motion, and disfigurement.
- The Work Comp Act in North Carolina covers most types of injuries that occur while an employee is performing their job duties.
- In addition to medical expenses and wage replacement benefits, the law may also provide death benefits if someone is killed while on the job.
- Your legal matter is unique.
- Our firm provides a free consultation for personal injury cases.
- Legal help is only a phone call away!
Please contact an experienced lawyer in Beaufort NC if you have further questions about your legal issue and rights and law in NC.
We help people with workplace injuries in Beaufort NC, Morehead City, (Cartaret County) Raleigh (Wake County), Greenville NC, Jacksonville NC, New Bern, and southeastern, coastal NC.
Related practice areas include auto accident cases, trucking accidents, and other motor vehicle wrecks. Your matter deserves the attention of a Board Certified specialist Kevin Jones.