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Injuries on the Job: When Should You Hire a North Carolina Workers’ Compensation Attorney?

October 14 , 2024

Suffering an injury on the job can be stressful and overwhelming. While workers’ compensation in North Carolina is designed to help injured employees recover lost wages and medical expenses, the process can sometimes be confusing and difficult to navigate.

This is especially true if your claim is denied, your benefits are delayed, or your employer disputes your injury.

Our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. want all injured workers to know how we can help them through the workers’ compensation process. Here, we walk you through the situations where legal representation is essential and how we can advocate for your rights.

North Carolina Workers’ Compensation

When to Hire a Workers’ Compensation Attorney in North Carolina

While some workers’ compensation claims are straightforward, there are several circumstances where partnering with a lawyer is crucial to protecting your rights and maximizing your benefits.

They include when:

Your Claim Has Been Denied

One of the most common reasons employees hire a workers’ compensation attorney is because their claim has been denied.

There are many reasons why claims get denied, including:

  • Your employer claims the injury did not happen at work.
  • The insurance company argues that your injury is not as severe as you claim.
  • The insurance company argues you had a pre-existing condition.

If your claim is denied, our workers’ compensation attorney can help you file an appeal, gather additional evidence, and represent you at hearings before the North Carolina Industrial Commission (NCIC). We will work to ensure that you present the most robust case possible to overturn the denial.

Your Benefits Are Delayed or Disputed

Even if your claim is approved, you may encounter delays or disputes over the benefits you receive. Insurance companies often attempt to minimize the compensation they have to pay, and they may delay payments or dispute the extent of your injuries.

If you experience delays in receiving benefits or believe the amount you are being offered is unfair, we can intervene to expedite the process and ensure you receive the compensation you are entitled to. This includes helping you prove the severity of your injury and pushing back against any attempts to reduce or deny your benefits.

You Have a Pre-Existing Condition

Having a pre-existing condition can complicate a workers’ compensation claim. Insurance companies may argue that your injury is not work-related or caused by your pre-existing condition rather than a workplace accident. For example, if you already had back problems before the injury, the insurer may claim that your back injury is unrelated to your job duties.

In these cases, we can help demonstrate that your work-related accident worsened or aggravated your pre-existing condition by working with medical experts to provide evidence that your injury is compensable under North Carolina workers’ compensation law.

Your Employer Disputes Your Claim

If your employer is disputing your claim, saying that your injury did not happen on the job or that you were not acting within the scope of your employment when the accident occurred, it can severely impact your ability to receive benefits. Employers may also claim that you were engaging in misconduct or violating workplace safety rules, which could disqualify you from receiving compensation.

Our Charlotte workers’ compensation attorneys can help gather evidence, such as witness statements, medical records, and employment records, to counter these arguments. We will work to prove that your injury was work-related and that you are entitled to benefits.

You Have a Permanent Disability

If your injury results in a permanent disability, such as losing the use of a limb or suffering permanent nerve damage, you can receive additional compensation. Permanent disability benefits can significantly impact your future income and quality of life, making it essential to have an experienced attorney.

In these cases, we will help you navigate the complex process of determining your disability rating, working with medical professionals to ensure that your permanent impairment is accurately assessed. They will also help you pursue long-term compensation for lost earning capacity and future medical care.

You Are Unable to Return to Work

If your injury is severe enough that you cannot return to your previous job, or if you must switch to a lower-paying job due to physical limitations, our workers’ compensation attorneys in Charlotte can help you seek compensation for lost earning capacity.

This type of compensation is critical for employees who face long-term or permanent disability and can no longer perform the work they were doing before the injury. We can help you secure benefits covering the wage difference between your pre-injury and post-injury income, ensuring your future financial needs are met.

You Are Offered a Workers’ Compensation Settlement

Sometimes, the insurance company may offer you a settlement to close out your workers’ compensation claim. While this may seem like a quick and easy way to resolve the situation, it’s important to remember that once you accept a settlement, you typically cannot ask for additional benefits if your condition worsens or new medical expenses arise.

We can review the settlement offer and ensure it is fair and adequate for your long-term needs. We will negotiate on your behalf to secure a settlement that covers future medical treatment, lost wages, and any other compensation you may be entitled to.

Have You Been Injured at Work in North Carolina?

Even if your claim seems straightforward, consulting with a workers’ compensation attorney is always a good idea to ensure your rights are fully protected. Workers’ compensation laws in North Carolina are complex; insurance companies often prioritize their bottom line over your well-being. We can provide guidance, answer your questions, and help you avoid common mistakes that could jeopardize your claim.

Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina. Call 704-376-1616 or contact us online.

 

A Voice For The Injured.  Here Every Step of The Way.

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