Lincolnton Repetitive Stress Injury Lawyer

Lincolnton Repetitive Stress Injury Attorney

Having a Lincolnton repetitive stress injury lawyer on your side after a workplace injury can be vital for success in your case. Repetitive stress injuries are incredibly common, but it can be hard to prove that they result from your workplace. This can make obtaining workers’ compensation benefits challenging. A knowledgeable attorney can protect your rights throughout your case.

Working With an Experienced Workplace Injury Law Firm in North Carolina

The attorneys at Ayers, Whitlow & Dressler can fight for you. As longtime North Carolina residents, our team is passionate about protecting our neighbors and community members. We know how difficult it can be to advocate for yourself, especially in the workplace.

Our firm offers initial consultations to those injured in Lincolnton and the surrounding cities. We work only on a contingency fee basis, so we don’t receive payment for our services unless we secure compensation for your repetitive stress injury claim.

Lincolnton Repetitive Stress Injury Laws

In Lincoln County, the top employers include Lincoln County Schools, Atrium Health, Walmart, and The Timken Company. Education and health services, manufacturing, and public administration are common industries for residents. Working in any of these industries can cause repetitive stress injuries.

In North Carolina, all employees have the right to workers’ compensation benefits. This means they don’t need to prove who was at fault for their injury, only that their injury was a result of work. However, they also can’t open any legal claims against their employer for the incident.

The only type of claim an injured employee can file is one against a third party. This can be done in specific scenarios, such as if a faulty work tool led to your injury. In such a case, a claim may be opened against the work tool’s manufacturer. Be sure to hire a repetitive stress injury lawyer in Lincolnton to explain what laws apply in your unique case.

Repetitive stress injuries can come on gradually. Once you realize you have one, you have 30 days to inform your employer of the injury. You’ll need to do this verbally and in writing. If your employer approves your claim, you’ll receive workers’ compensation benefits. These can include:

1. Medical treatment: Your employer will designate a medical provider and pay for all treatment services. In cases of emergency, an injured employee can seek their own medical treatment, but they must inform their employer as soon as possible.
2. Partial wage replacement: These wages are paid to injured employees during their recovery process. They are typically paid weekly and equal two-thirds of the employee’s average weekly wage. This goes on until the employee can return to work. If the employee can’t work and is permanently disabled, then the wages may continue indefinitely.

In 2021, the National Health Statistics Reports conducted a study on repetitive stress injuries in American adults. Over the course of three months, they found that 44.2% of those with injuries had to limit their activities for at least 24 hours. This includes physical work, which can make injured employees feel worried about their job security.

How to Prove That Your Injury Was Caused by Work

It can be difficult to prove that repetitive stress injuries were caused by your workplace. You’ll need to provide strong evidence of this to your employer to obtain workers’ compensation benefits. Proof can include:

• Medical records
• Medical bills
• Any prescribed medications
• Detailed notes that document the dates and times of your pain levels and how that impacts your daily life
• Eyewitness statements of the injury

In 2023, there were a reported 85,700 nonfatal workplace injuries and illnesses in North Carolina. While state employers are faced with workers’ compensation claims daily, they often deny claims or make it difficult for employees to access benefits.

FAQs About Lincolnton, NC Repetitive Stress Injury Laws

Why Would My Workers’ Compensation Claim Get Denied in North Carolina?

In North Carolina, a workers’ compensation claim may be denied by an employer if there’s not enough proof that the injury was caused by the work environment. Ultimately, employers are running a business and are focused on profit rather than what’s right. Repetitive stress injuries are commonly denied, as they can take time to appear. They are also easily contested by employers and their insurance companies. A skilled Lincolnton repetitive stress injury attorney can link these injuries to your job.

What Do I Do If My Workers’ Compensation Claim Is Denied by My Employer in North Carolina?

If your employer denies your workers’ compensation claim in North Carolina, contact a lawyer immediately. You’ll need to build a case that provides proof of the workplace injury. During this time, you have the legal right to request a hearing to appeal the denial. You may also still seek medical care. However, if your claim results in a final denial, you’ll be billed directly for the medical care you obtained.

How Does the Medical Treatment Process Work After My Claim Is Approved?

After your workers’ compensation claim is approved, the employer’s insurance company will designate a care facility and pay for the treatment. In emergencies, employees can seek treatment on their own and should do so to stay safe. Afterward, they must notify their employer. In North Carolina, injured workers can also be reimbursed for travel over 20 miles, lodging, meals, or tolls if necessary for medical care.

What Happens If I Get Fired for Filing My Workers’ Compensation Claim in North Carolina?

It is illegal to be fired for filing a workers’ compensation claim in North Carolina. This is considered wrongful termination. However, because North Carolina is an “at-will” state, it can be difficult to prove wrongful termination. To do so, you’ll need extensive evidence. A lawyer can gather this evidence and advocate for you in court. Wrongful termination cases in Lincolnton are typically overseen by the Lincoln County Courthouse, located at 120 Justice Drive.

Hire a Repetitive Stress Injury Lawyer Trusted by Lincolnton Residents

With over 100 years of combined legal experience, the legal professionals at Ayers, Whitlow & Dressler can focus solely on helping injured clients get through their repetitive stress injury cases. Contact our team today to schedule your first consultation.