Greensboro Workers Compensation Lawyers – Work Place Accident Attorneys
Worker’s compensation (which can also be called workers comp. or workman comp) was enacted by statute in North Carolina in 1929. As a general rule, each business that has more than three employees must be covered by worker’s compensation insurance. The system is governed by a state agency called the Industrial Commission.
An employee may be entitled to workers’ compensation benefits when he or she is injured in the course and scope of his or her employment. When each and every element of this claim is proven, workers’ compensation benefits become available to the employee.
An employee must give notice to his employer of an injury on the job by filing a written notice. This notice of an accident should be filed within 30 days of the date of the accident. The absolute limit for filing a written notice is two years.
The injured worker is often taken advantage of because they do not know their rights. Your Greensboro employer may not tell you of all the rights you have and the insurance company is strictly concerned with minimizing the cost of your claim. This means you may not have all the available information regarding job retraining, overtime pay benefits, wage differential benefits, statute of limitations, notice requirements, repetitive traumas, maintenance payments when being retrained and settlements.
Greensboro Worker’s Compensation benefits may include:
- Medical treatment
- Temporary disability
- Permanent disability
- Vocational rehabilitation
Injuries that typically arise out of and in the course of employment include:
- Broken / fractured bones
- Back problems / pain
- Knee problems / injuries
- Grip loss
- Heart attacks
- Hypertension
- Wrist injuries (carpal tunnel syndrome)
- Burns
- Shoulder pain
- Neck pain
- Headaches
- Slips / Falls
If I am unable to return to the type of work I did before I was injured, what can I do?
If you are unable to return to your previous position due to your work related injuries then the North Carolina Workers’ Compensation Act allows for the injured employee to be placed in vocational rehabilitation to be provided by the workers’ compensation carrier. A vocational rehabilitation counselor will be assigned to help the injured employee find suitable employment.
Is there a period of time after which my claim is no longer open?
If you have a workers’ compensation claim and you receive only medical treatment and do not lose any time from work then your claim will close within 12 months of the last date of medical treatment paid for by the workers’ compensation carrier. If you received weekly benefits due to your injury then your claim will close two years from the last date of compensation received.
Do all claims go to court?
No. We handle many more claims that settle without filing suit. About 2 out of 10 cases result in trial. The insurance company generally wants to avoid trial and if a law firm has a reputation for trying cases it will work harder with that law firm to settle a claim. While we make every effort to settle claims, we are also prepared to move the case quickly through the Courts system.
A few other important things to know:
- If you are receiving Social Security benefits, long term disability benefits or some other type of compensation for your disability, there may be an offset or reduction in your benefits if you also receive workers’ compensation benefits. It is important that you see an attorney to make sure that you are receiving the full benefits to which you are entitled.
- You do have the right to ask the Industrial Commission for permission to see a doctor of your choosing. However, if you are treated by your own doctor without getting permission, you may jeopardize your benefits. You should seek legal assistance or contact the Industrial Commission if you have a question about changing doctors or getting a second opinion.
- There are different ways to “settle” workers’ compensation claims. One type of settlement is called a compromise settlement agreement, commonly known as a “clincher” agreement. Signing a clincher agreement means you give up all rights to future workers’ compensation benefits in exchange for a sum of money. Other types of agreements are completed on Industrial Commission Forms 21 and 26. If you sign one of these forms, your workers’ compensation case may remain open but you will be giving up certain rights and the rights you retain will be limited in time. An experienced attorney can help you decide whether you are making a decision that is best for you.
- There are rules governing what medical and vocational rehabilitation professionals can and cannot do in your case. For example, you have a right to a private medical examination and you have a right to be present when the rehabilitation professional speaks with the doctor, except in special circumstances. For further information about these regulations, follow the previous link to the Industrial Commission website.
Dealing with the workers’ compensation system can be very stressful. Not only do you have to deal with the stress of your injury but you also have the hassle of dealing with an insurance company, your employer and medical providers. You are probably worried about whether you will receive your benefits and whether you are protecting your rights. You may be having difficulties supporting yourself or your family because of your injury. Contacting the right lawyer can help you address these issues in the way that is best for you.
If you have been injured at work you have a right to workers’ compensation benefits and you may want to consider contacting a Raleigh lawyer. Even if you are already receiving benefits, it may be to your advantage to consult an experienced Raleigh attorney to ensure that you are receiving the maximum benefits available under the law.
