Worker’s Compensation

Charlotte NC Work Comp Lawyers Group is a law firm dedicated to helping people get Workers Compensation when applicable.

We operate in Charlotte and the surrounding areas, including South Carolina. Although we offer guidelines for clients in all major cities in North Carolina such as, Asheville, Greensboro, Raleigh, Durham, Wilmington and Fayetteville. We also represent injured workers in South Carolinasuch as, Columbia, Charleston, North Charleston and Rock Hill to name a few. 

We understand filing for workers compensation without expert knowledge could be difficult. That is why our experience and expertise can help you get your rights.

Is It Necessary To Establish That the Injury Was Employer’s Fault?

Workers Compensation saves the employers from getting sued due to work related injuries just as it benefits employees by paying them compensation. This means you don’t need to prove that the injury was the employer’s fault.

For workers compensation it doesn’t matter whose fault it was. It could be your fault as well but if the injury has happened during work you are eligible for work related compensation. However, it is important to note that the injury has to be an accident and not self inflicted. You can not be drunk or drugged from substance abuse.

If you have started a fight at the workplace that has led to the injury does not fall under workers compensation benefits. However if you were not the aggressor, you might have to prove your innocence to get the benefits of the workers compensation.

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What Is Workers Compensation

Workers Compensation is a form of insurance provided by the state in case of injury at work. Every state has its own deviations in the workers compensation laws, however, the main gist of it is similar. The North Carolina Workers’ Compensation Act requires that all businesses that employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies and partnerships, obtain workers’ compensation insurance or qualify as self-insured employers for purposes of paying workers’ compensation benefits to their employees.

Workers Compensation works for both employer and the employee. For the employer it saves them from getting sued when accidents happen at the worksite.

No matter who was at fault, workers compensation can reimburse the employee for medical bills as well as the loss of wages. The employee which is injured is automatically covered under the Workers Compensation when he or she is injured at work.

It not only covers injured employees but also provides compensation for the dependants in case of a death. The Government Employees’ Compensation Act, passed by Congress in 1908, gave workers’ compensation coverage to federal civilian employees who worked in dangerous jobs. The act was later expanded by Congress to cover the majority of government civilian employees.

Wisconsin was the first state to establish a permanent workers’ compensation system in 1911. By 1920, all but eight states had passed equivalent workers’ compensation statutes to Wisconsin’s, and by 1949, every state had done so. These rules compensated workers who were injured on the job, regardless of who was at blame, and held the employer liable for medical expenses and wage loss payments. Employees receiving compensation under this system forfeited their right to sue the employer for negligence. The Workers Compensation is there to help employees who get injured at the workplace, however disputes may arise around the extent of benefit the employees will receive. A Claims Administrator often works for insurance companies to contest how much benefit an employee must receive.

If you have no representative, fighting against such claims administration without a thorough knowledge about the law could cost you a lot. Claims Administration do their best to save insurance companies money and in such a case prevent you from getting the full compensation you deserve. It is best to hire a seasoned lawyer such as ones that work at Charlotte Work Company Lawyers Group. Lawyers who work for employees know Workers Compensation laws and have representative employees such as employees in several contests. Charlotte Work Company Lawyers Group has helped thousands of employees and their family members get the full extent of workers compensation benefit.

Our team of highly abled lawyers represent you while negotiating with the claim administrator to get you the best possible benefits. We specialise in Workers Compensation specifically. We have handled all kinds of complicated cases. Why should you and your family suffer because of the temporary or permanent injuries you have suffered at your work? We fight with all our knowledge and experience to bring you justice in the form of worker compensation benefits provided by the state of North Carolina.

Compensation Of Employee
Rights Of An Employee

Know Your Rights As A Employee

Workers Compensation is not suing someone. You are not suing your employee when you claim for workers compensation. Usually workers compensation is supposed to go smoothly. You are protected by the state through workers compensation and as well as the employee. When you file for workers compensation insurance, there are clear guidelines on what benefits you are supposed to get. If you have injured yourself you will get medical benefits. It depends on the specific medical policy that all is covered. Sometimes outpatient visits go out of pocket while some medical policies cover everything. All the medical policies in Workers Compensation are liable to cover medical inpatient services. Workers Compensation will also compensate for the loss of wages for the time you are not able to go to work. It compensates you in case of permanent damage or if you are never able to go back to work again. If an employee dies during a work related accident the dependents get compensated through Workers compensation. Proving fault is not part of workers compensation. No matter who was at fault you are eligible to get compensated for accidents that happen at work. The compensations are made promptly by the administration and you get your benefits. However, the benefits might not always be satisfactory. If you feel the compensation you are getting is not enough to cover for the medical bills, loss of income or for your livelihood, you could contest for more compensation. You are allowed to bring your representative to the administration who will help you case. Our lawyers can help you determine if it is worth the try to contest for more money. Our attorney may be able to determine the most reasonable and fair amount for the claim. He or she usually figures it out using a mixture of data, statistics, and other considerations. This could include what previous jury panels have awarded in similar situations, as well as the maximum amount a judge will award based on the damage.

Contesting The Amount You Receive Through Workers Compensation

Injured employee is awarded compensation for an injury that occurs at work. However, you might not be satisfied with the amount you have received. And in such cases you may contest for more if it is eligible. A lawyer that is well versed in Workers Compensation may have knowledge about the facts and statics of fair compensation in each kind of case. Charlotte Work Company Lawyers Group has worked with employees in all kinds of industries including construction workers, railroad workers, aviation, automobile, and more. Our team has experience and knows how the jury panel awards the money when clients contest for more, based on their specific case. Our lawyers can help you negotiate to get a higher compensation than what you were awarded initially. The claim administrator working for the insurance may ask the reason for why more money is needed. If you do not have knowledgeable people representing you in the court and doing the research beforehand, you might end up with a lower compensation than what you started with. If you choose to reject the compensation amount, you may have to move to civil litigation. This is usually against an insurance company. This process may help you get a higher amount of compensation or a lump sum. However, this normally necessitates hiring a lawyer and incurring more costs at first. One risk is that the court may rule that a lower amount is the proper and fair amount for the damages payable. Moving the case to civil court is more time consuming and involves more processes. Additional witnesses may be present in the courtroom during these hearings. There will be a need for documentation, and the doctor may be questioned about the injuries. If the issue is one of handicap, the employee may be required to provide additional proof, such as surgery results, initial diagnosis, treatment and medication list, and any other documents that were present when the hospital staff reviewed the options available. Hiring a workers compensation lawyer at Charlotte Work Company Lawyer Group can help you make things easier for you. Our lawyers can help you gather proper documents, gather witnesses, and teach you what to say in the court. Our lawyers will personally assist you every step of the way to make it easier for you to get a higher amount. If you are truly deserving we will do our best to get you the right amount for your compensation.

Disability-Benefits In Workers Compensation

The amount of money paid out depends on the length and severity of the worker’s condition. When a work-related injury prohibits a person from returning to his or her pre-injury job or another job for the same employer for which the worker is otherwise eligible, TTD or Temporary Total Disability payments are awarded. The majority of workers who receive TTD benefits recover completely and return to work, at which point their payments are terminated. In certain circumstances, however, injured workers return to work before reaching their full medical recovery, sometimes with limited responsibilities and reduced or differentiated compensation. In most jurisdictions, injured workers receive temporary partial disability (TPD) benefits if they return to work at a lower wage than before their injury. The most prevalent sort of monetary benefit is temporary disability benefits.

Permanent disability payments may be granted if an injured worker has severe impairments that are determined to be permanent after he or she has reached maximum medical improvement. Workers who are unable to work due to a work-related injury or sickness get permanent total disability (PTD) compensation. When a worker has physical disabilities that are permanent but do not entirely limit his or her capacity to work, he or she is entitled to permanent partial disability (PPD) compensation.

Disability benefits in Charlotte include medical expenses including inpatient medical bills, tests, medication, post hospitalisation treatment, physical therapy, etc. It also includes compensation for lost wages as mentioned above. You will be eligible for Supplemental job displacement benefits (for employees who cannot return to their former employment). Dependents will get compensation in case of the death of the employee.
A very important thing to remember is Injury sufferers have the right to return to work once their injuries have healed. It is against the law to remove an employee for suffering or reporting an injury or filing a workers’ compensation claim.

Eligibility For Workers’ Compensation

Know If You Are Eligible For Workers’ Compensation?

Anyone who has suffered from an injury or health condition at work is eligible for workers compensation under North Carolina’s Workers compensation laws. There are some exceptions that include:

  • Employees who work on a “casual” basis or who do not participate in regular business or trade. A casual employee does not work set hours and is free to depart at any time.
  • Domestic or “household” help.
  • Workers on farms with fewer than ten employees.
  • Employees of the federal government
  • Employees of the railroad

The NCWCA covered employees that work on a contractual basis as well.This can be accomplished by an express or inferred, oral or written contract of hire or apprenticeship. This can include Unlawfully employed persons, Temporary employees, Part-time employees, Seasonal workers. If you are Working from a remote location and your employer is out of state, consult our team at Charlotte Work Company Lawyer Group to determine whether you should like a claim in Charlotte or the home location of the company. If you are not sure you are eligible for workers compensation call us. We can give you an affordable first consultation to answer all your questions related to workers compensation.

Injuries That Are Compensable

Injuries that occur at work are compensable injuries. You get compensation for the injuries or illness developed during work. The insurance compensates for medical expenses incurred to treat the injury, covers the wages missed while the employee wasn’t able to attend work, compensates for the livelihood of the employee if case a permanent disability, compensates for the dependents if the employee does. Injuries could range from accidents that happen at work. For example construction workers who fall down and break their leg will be eligible for all their medical expenses paid, and will be paid wages for the whole time they are not able to come to work. The injury or illness could also develop over time. For example people who develop back aches from working long hours at physically staining jobs. Although some sickness or illness that develop over time due to work related hazards could be rejected by the claim administrator as false or not developed at work. You would need a lawyer to contest your case to prove the illness has occured due to the work related circumstances. Our team can help you gather supporting documents from reliable doctors to make your case stronger and help you get the workers compensation you deserve.

The following are some of the most prevalent job injuries and illnesses that lead to workers’ compensation claims:

Disorders Of The Musculoskeletal System – Back, neck, shoulders, and upper limbs, as well as lower limbs, are all affected by work-related MSDs. Any damage or dysfunction of the joints or other tissues is covered. Minor aches and pains to more significant medical illnesses that necessitate time off or medical treatment are all eligible for workers compensation. This could be caused by load handling, particularly while bending and twisting. Movements that are repetitive or powerful. Awkward and immobile positions. Vibration, inadequate illumination, and frigid working surroundings are all factors to consider. Work that moves at a rapid speed. Sitting or standing in the same position for an extended period of time.

Mental Health Issues And Stress – Poor working environment and organisational challenges at work can lead to the development of mental illness. A complex combination of biological, psychological, and social/environmental elements leads to the development of mental health issues. The workplace is one social context that can have a substantial impact on mental health issues. Poor work organisation and management appears to play a substantial impact in the development of mental health disorders, according to studies. Psychosocial difficulties (such as a lack of job control, low choice latitude, limited skill discretion, job strain, and effort-reward imbalance) have been linked to depression, poor health functioning, anxiety, discomfort, weariness, job discontent, and burnout in a variety of studies. The claimant may be required by the court to demonstrate how the mental disorder was caused by work from an objective standpoint. This may even necessitate determining that the working conditions objectively would have resulted in a mental health problem, such as an objectively stressful work environment. As a result, the claimant may be required to show that the stress of a particular employment was more than the stress inherent in any job.

Cancer Caused By One’s Job – Work-associated cancer has also been linked to radiation, stress, and other factors connected to work organisation and circumstances. Occupational exposure to endocrine disruptors (such as some pesticides) or nanomaterials has been linked to the development of cancer.

Diseases Of The Skin – Chemical, physical, and biological risk factors can cause a variety of skin illnesses, while various individual (genetic) factors also play a role. Wet work, workplace chemical exposure, and intense UV radiation from the sun cause the majority of cases. The most common type of dermatitis is contact dermatitis, which might jeopardise an individual’s ability to work.

Diseases Caused By Biological Agents At Work – Biological agent exposure at work has been linked to a variety of health issues, including infectious disorders, cancer, and allergies. Workers in specific industries are particularly vulnerable, including healthcare and veterinary services, agriculture, sewage management, and labs. These workers may come into direct touch with microorganisms or be exposed to them through human fluids or soil.

Can You Sue Your Employer If The Injury Was Their fault

If your employers have complied with North Carolina’s Workers Compensation Law, you can not sue them no matter whose fault it was. However, you don’t have to worry about your expenses. Employees who are injured during work are compensated in full for all the medical expenses and loss in wages through workers compensation. It is a straightforward process and you don’t need to prove anyone’s fault or go through the court to get the benefits. Workers compensation covers every employee without any discrimination. Your employer can not fire you or punish you for applying for workers compensation. The insurance company pays you the compensation and not the employee. Civil litigation is only involved when you are contesting the among or benefits you have received through workers comp.
However, there are exceptions to the rule. A third party could be sued, for example, a driver who was drunk driving caused the accident. In such a case you are eligible to get workers compensation, in addition you may choose to sue the driver. Your personal injury lawyer and the workers compensation lawyer can work hand in hand to maximise your compensation in such cases.

How To File A Claim To Receive Workers Compensation

There is a time limit for reporting an injury and filing a claim. If you don’t, your workers’ compensation insurance payments may be denied. Employees should file their personal injury claim within thirty days of the accident, although failure to do so may not result in the case being dismissed. Unless the employer pays salary replacement compensation, injury by accident claims must be filed within two years after the date of injury. If the employer has covered the cost of medical treatment, the claim must be lodged within two years after the last payment. Compensation will be barred in the event of occupational sickness unless a claim is lodged with the Industrial Commission within two years of death, disability, or disablement, as the case may be.

Here how the process goes:

1. Report the injury to your employer

Make sure your staff understand that if they become unwell or injured on the job, they must notify you as quickly as possible. Some injuries may necessitate treatment in an emergency hospital or urgent care centre right away. Others may need to see a doctor for diagnosis and treatment. In order to obtain benefits, the employee may need to seek non-emergency treatment from a medical provider in the insurer’s network, depending on the state and the insurer. Employees with long-term injuries or diseases, such as mesothelioma, should disclose the sickness as soon as feasible.

2. Fill up the paperwork provided by your employer

Your employee is responsible for informing you about their rights and workers’ compensation benefits, as well as your return to work. They offer their employees a workers’ compensation claim form to fill out and return to them in most states. The nature of their injury, as well as where, when, and how it occurred, will be detailed on this form. They may also require you to complete a preliminary report of injury form, which they will submit to the state’s workers’ compensation board.
Workers’ compensation insurance information must be included in the new hire employment packet so that employees are aware of their rights if they are injured on the job. They could be sued if they don’t share this information.

3. When the claim gets denied

If your workers’ compensation insurer refuses benefits, you have two options: ask for a reconsideration from the insurer, or file a formal appeal with the state workers’ compensation board or commission. In such a case, to contest you will need help of a workers compensation lawyer to assist you in the process.

What Kind Of Work-Related Injuries Are Not Covered by Workers’ Compensation Benefits

What Kind Of Work-Related Injuries Are Not Covered by Workers’ Compensation Benefits?

Most work-related physical injuries and health conditions are covered by workers’ compensation. However, there are some exclusions: Injury that has happened in a place that is not recognised as place of business according to the employer’s contract terms.

  • Injury that does not lead to partial disability, or fatality after 3 days is not covered.
  • Unspecified liability towards contractual employees.
  • Injuries that have occurred under the influence of drugs or alcohol.
  • Intensional or self inflicted injuries by the employee.
  • Any injury that has occured while he/she participated during off-duty recreational activity.
  • If the employees intentionally did not adhere to safety regulation set by the employee or noted disobedience on-duty.
  • No coverage for mental disorders that happen due to regular job roles, such as monotonous work.

When Do You Need A Lawyer For Workers Compensation?

  • Your claim has been rejected. The insurance company may argue, for example, that your injury was unrelated to your job or that you filed your claim too late. You will need a lawyer to contest your case with supporting documents.
  • If your permanent disability rating has been called into question. Permanent disability benefits account for the majority of workers’ compensation settlements and awards.
  • You’re having difficulty getting the care you require. Expensive medical treatments, such as surgery, are frequently denied or delayed by insurance companies.
  • It has harmed your ability to work. If you’ll never be able to work again, you’ll want to make the most of your workers’ compensation payments.
  • Other government benefits are being paid to you. If you get Social Security Disability Insurance (SSDI) payments and also receive workers’ compensation benefits, your SSDI benefits may be decreased. A lawyer can assist you in minimising the damage.
  • You’ll have to go to a hearing to prove your case if the insurance company refuses to settle—or just makes lowball settlement proposals.
Need A Lawyer For Workers Compensation?
Need A Lawyer For Workers Compensation?

When Do You Need A Lawyer For Workers Compensation?

  • Your claim has been rejected. The insurance company may argue, for example, that your injury was unrelated to your job or that you filed your claim too late. You will need a lawyer to contest your case with supporting documents.
  • If your permanent disability rating has been called into question. Permanent disability benefits account for the majority of workers’ compensation settlements and awards.
  • You’re having difficulty getting the care you require. Expensive medical treatments, such as surgery, are frequently denied or delayed by insurance companies.
  • It has harmed your ability to work. If you’ll never be able to work again, you’ll want to make the most of your workers’ compensation payments.
  • Other government benefits are being paid to you. If you get Social Security Disability Insurance (SSDI) payments and also receive workers’ compensation benefits, your SSDI benefits may be decreased. A lawyer can assist you in minimising the damage.
  • You’ll have to go to a hearing to prove your case if the insurance company refuses to settle—or just makes lowball settlement proposals.

What If You Take Sick Leave Or Vacation Leave After You Are Injured At Work

If you are injured at work and choose to take sick days or vacation time, you are entitled to be paid for that time (according to your employer’s paid time off policies) as well as pay replacement benefits. Workers’ Compensation in North Carolina does not pay for the first seven days an injured employee is out of work unless the employee is handicapped for at least 21 days. After the 7-day waiting period, an employee who misses 8 to 21 days of work will get benefits for the days missed. A worker who misses more than 21 days of work will be compensated for the entire period of unemployment, including the first week.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Steve Hayes, JD is licensed to practice law in both North Carolina and South Carolina.