How to Choose a Workers' Compensation Lawyer in Raleigh
If you have been injured on the job, you may be entitled to workers' compensation benefits.
We think it's a good idea to preserve your legal rights and options and seek legal assistance from a Workers' Compensation lawyer in Raleigh as soon as possible after your injury.
Key tip: Talking to a Workers' Comp lawyer does not mean you have to file a claim. You don't even have to hire legal counsel.
We offer a free case evaluation.
Gathering information can help you make the best decision for you and your family.
We understand if you file workers' compensation claims, that can be a big deal at the workplace and some people are afraid of losing their job if they file a claim.
That's one reason what you tell us 100% confidential.
In this blog post, we will discuss things you may want to consider when choosing a Workers' Comp lawyer in Raleigh.
We'll also explain who is covered by the Workers' Compensation Act in NC, how workers' compensation works in North Carolina, and whether it makes sense to file a claim for fair compensation and disability benefits.What is Workers' Compensation in North Carolina?
North Carolinas workman's compensation provides compensation for expenses and lost wages for employees who have been hurt at the workplace or in the course and scope of employment.
It also provides for appropriate medical care, treatment, and rehab to get you back on the job, if that's possible.Workers and Injuries Covered by Workers' Compensation
Workers' Compensation is intended to cover as many employees as possible.
Key Tip: Who is an "employee" and who is covered is something some employers are not always honest about when it comes to a workers' comp claim.
The vast majority of employees are protected by the Work Comp laws in NC, despite some unscrupulous employers' attempts to avoid responsibility.
It can include temporary, seasonal, part-time, full-time employees and independent contractors.
Even non-documented workers are covered by Work Comp.
Although workers' compensation claims often relate to specific events, an "accident" is not always required.
For example, a fall on a construction site does not require a specific accident or finding of fault or negligence.
In fact, there's a good chance you're covered by the workers' compensation law, even if you caused your own injury.
Obviously, each on the job injury is different.
Some employees who are involved in repetitive work that leads to injuries or disabilities may be entitled to file a workers' compensation claim.
There are exceptions to the general rule. That's why it makes sense to talk to a workers' compensation attorney and see if you're protected.How Does a Worker Receive Benefits From a Workers' Compensation Claim?
Workers receive compensation by their employers' workers' compensation insurance unless the company is "self insured."
Employers in North Carolina are required to be financially responsible.
That means they buy an insurance policy or they otherwise qualify under the NC Work Comp laws as self insured.
In most cases, the injuries of a worker are evaluated by the health care provider of the employer's policy.
A physician may determine whether a worker has been permanently disabled and/or whether a permanent disability rating is appropriate in your circumstances.
Key Tip: The North Carolina Industrial Commission is responsible for overseeing the workers' compensation law.
The employees may be given specialized medical treatments to assist them in being able to return to work as quickly as possible.What Type of Compensation Does Workers' Compensation Cover?
The injured worker may be entitled to compensation for:
- Medical Bills
- Medical Benefits - Treatments, Surgery, Rehab
- Weekly Benefits - Average Weekly Wage
- Disability Benefits
- Temporary Total Disability
- Permanent Partial Disability Benefits
- Permanent Injury - Loss of Limb, Disfigurement
- Occupational Diseases
Your workers' compensation case in Raleigh NC deserves the attention of a legal professional.
Kevin Jones is a North Carolina State Bar Specialist in Workers' Compensation.Do You Really Need a Workman's Compensation Attorney?
If your injury is minor, you may not need a lawyer.
You should still report the injury to your employer, and follow the instructions of their insurance company.
However, if you have a more serious injury, or multiple workers' compensation claims, or if there are problems getting benefits, you may want to talk with an attorney about your legal rights.
Workers' Comp cases are serious.
Medical compensation issues, including treatment for workplace injuries and work related occupational disease, can be intricate and time-consuming.
It makes sense to establish an attorney client relationship with an experienced workers' compensation attorney, allowing you to focus on your recovery.
For example, you may need help if:
- You were injured while working on your own time
- Your injury happened and you did not tell your employer
- You have been denied benefits by your employer, the workers' compensation insurer, or the insurance company adjuster
- The insurance company is asking you to sign a release or waiver of your rights or has denied medical care altogether
- You are not getting the medical treatment you need
- The carrier refuses to compensate for permanent partial disability or acknowledge a disability rating consistent with North Carolina law
- Loss of employment due to an Occupational Disease
- A loved one died in a workplace accident
There is a presumption in North Carolina that every employee and every employer is presumed to accept the provisions set forth within the Workers' Compensation Act and that the employer will pay and the employee with accept compensation for death by accident or personal injury in the course of employment or out of employment.
Key Tip: There are limited exceptions to who is and who is NOT covered by the Workers' Comp Act.
That applies to certain types of employees and certain types of employers.
You may not be covered if you are truly an independent contractor, a domestic servant, a railroad worker, or a federal government employee.
The employer calling you or designating you as an independent contractor does not necessarily absolve them from responsibility.
For example, just because the employer says, "You are an IC and don't receive an average weekly wage and therefore you're an Independent Contractor," does not make that so under North Carolina law.
There are instances when a personal injury lawyer can help with injuries related to a car accident or trucking accident in Raleigh NC.
Law firms who handle comp cases in North Carolina often assist in , negotiations with the employer's insurance carrier, and related worker's compensation issues.
If you are unsure whether your work related injuries are covered, you should speak with a Raleigh workers' comp attorney about your particular situation.
Workers' comp law is complicated. Claims must be filed in a timely manner.
You deserve a law firm that is well-versed in filing claims for:
- Disability Payments
- Permanent Disability
- Personal Injury and Accident Claims for work related injuries (in course and scope of employment)
If your employer does not have insurance or is not represented by a workers' compensation insurance company, you may still be able to get benefits under the North Carolina Workers' Compensation Act.
The workers' compensation cases are complicated; it can be difficult to understand your options and rights without a lawyer.
Once properly retained, we can help you file a workers' compensation claim.
If your matter involves a personal injury claim for medical treatment associated with the negligent operation of a vehicle by a third party (car accidents, delivery and trucking accidents, etc.), legal services can really help.What's the Difference Between Workman's Compensation, Workmen's Compensation, and Workers' Compensation?
Actually, there is no difference.
Those are just some of the different terms people use to refer to workers' compensation benefits under the North Carolina Act.
You may also hear it referred to, even by Raleigh workers' compensation attorneys as:
- Workers' Comp
- Work Comp
- Comp Claims
The workers' compensation law in North Carolina is formally known as the North Carolina Workers' Compensation Act.
It is overseen by the North Carolina Industrial Commission.
Workers' compensation claims due to an occupational disease or workplace injury in North Carolina are generally not like ordinary negligence claims.
Unless the workplace injury involves a possible third party claim for negligence, disputes are decided by the North Carolina Industrial Commission, not a trial by jury.
Either way, if you call and ask to speak with a Comp Lawyer, we'll know what you mean.What are Workers' Compensation Benefits in North Carolina?
Workers' compensation is a system in North Carolina that provides benefits to employees who are injured or become ill as a result of their job.
Benefits can include medical expenses, income replacement, and death benefits.
Workers' compensation is mandatory in North Carolina for most employers, so it's important to know your rights if you're injured on the job.What Does the Insurance Company Adjuster Do?
An employer's insurance company will often have an adjuster (and possibly a lawyer) working on their behalf from the start.
The Workers' Compensation system is very complicated.
Injured workers are often taken advantage of by employers and their insurance companies.
Hiring a Workers' Compensation lawyer in North Carolina can help level the playing field.What to Expect From Your Attorney After Hiring
After you've hired a Workers' Compensation lawyer in Raleigh, you can expect your attorney to:
- Investigate your claim
- Gather evidence, like medical bills and medical expenses
- File the necessary paperwork
- Deal with the insurance company on your behalf
An experienced workers' compensation attorney will also likely want regular communication with you about the status of your treatment and job duties.
On a more personal level, we may just call you and ask, "How are you doing?
When choosing a Workers' Compensation lawyer in Raleigh, we think the first thing you should consider is their experience.
You want to choose a lawyer who has handled cases like yours before and knows the ins and outs of the workers' compensation system.
It is also important to choose a lawyer who is familiar with the laws in North Carolina, as they can vary from state to state.
You should also consider the lawyer's fees.
Workers' Compensation lawyers typically charge on a contingency basis.
This can be a great option for an injured worker who is struggling financially due to lost wages.Workers' Compensation FAQs
If you've been injured on the job in Raleigh, you may be wondering if you need to hire a Workers' Compensation lawyer.
Here are some frequently asked questions that can help you decide if hiring an attorney is right for your case.What is Workers' Compensation?
Workers' Compensation is a system of insurance in North Carolina that provides benefits to employees (injured worker) who are injured or become ill as a result of their job.
Benefits can include medical expenses, income replacement, and death benefits.Do I Need a Lawyer to File a Workers' Compensation Claim?
You are not required to have a lawyer to file a Workers' Compensation claim, but it is often advisable to have one.
Workers' compensation attorneys can help the injured worker navigate the complex claims process, gather evidence to support your claim, and negotiate with insurance companies on your behalf.How Do I Choose a Workers' Compensation Attorney?
When choosing a Workers' Compensation lawyer, it is important to find someone who has experience handling a workplace injury case like yours.
You should also look for a Raleigh workers' compensation lawyer who is familiar with the laws in your state and is willing to fight for the best possible outcome for you.
If you are looking for a Workers' Comp lawyer in Raleigh who only helps injured workers (and never employers), contact the Dodge Jones Injury Law firm.
We have years of experience helping injured workers with North Carolina workers' compensation cases and get the benefits they deserve.
Call us today for a free consultation to discuss your workplace injury.