For anyone working today, job security is vital. When you experience an injury related to work, it can feel like that security is being threatened. A Gastonia repetitive stress injury lawyer can make sure your rights are being protected throughout your claim.
Ayers, Whitlow & Dressler has been practicing in the North Carolina legal field for years. We’re proud to be in our local communities and strive to make sure our neighbors are well-represented. Our team of four legal professionals has over 100 years of combined experience. We offer initial consultations to employees injured in Gastonia and the surrounding towns.
Repetitive stress injuries are unfortunately common and have a wide range of causes. Manufacturing workers, office workers, and even baristas can suffer these injuries.
Major employers in Gaston County include Gaston County Schools, Freightliner Corporation, and the County of Gaston. Anytime a worker makes a repetitive motion that causes strain on their muscles, tendons, or nerves, it can lead to pain. Common injury types include:
If not properly treated, these injuries can become permanent. No matter your situation, your health comes first and should be your priority. If you’ve noticed twinges of pain recently, it’s important to seek medical attention right away. Be sure to let your employer know within 30 days, both verbally and in writing.
In 2023, there were a reported 85,700 nonfatal workplace injuries and illnesses in North Carolina. Almost every employee in the state has the right to get workers’ compensation benefits. After informing your employer of your injury, they’ll either approve your benefits or deny your claim.
Because of the gradual nature of a repetitive stress injury, it’s common for employers to deny claims. They may try to say that your injury isn’t work-related. In these scenarios, you’ll want to hire a repetitive stress injury lawyer to advocate for you. You’ll also need strong evidence to back your repetitive stress injury claim, such as:
If your claim is approved by your employer in Gastonia, you’ll start receiving workers’ compensation benefits. These include:
It’s incredibly common to need time off work to recover from a repetitive stress injury. You shouldn’t feel guilty for requiring recovery time. In 2021, a National Health Statistics Report was conducted over a three-month period. During this time, 44.2% of American adults with a repetitive stress injury had to limit their normal activity for at least 24 hours. A Gastonia repetitive stress injury attorney can secure your rightful benefits so you can have enough time to heal.
Repetitive strain injuries take varying amounts of time to heal. You’ll also need to correct the source of the injury, such as your posture or typing position. Muscles can take about four to eight weeks to recover. Tendons often need eight to twelve weeks. Irritated nerves may take four to twelve weeks. Recovery will be much slower if the repetitive strain continues. Most long-lasting injuries occur because the activity causing the injury hasn’t been changed.
In North Carolina, an employer can’t force an injured employee to go back to work. The doctor is the one who decides when an injured worker can return to their job and what restrictions should be in place. Doctors typically allow injured workers to return with certain restrictions, such as lighter duties or shorter hours. Workers must follow the doctor’s instructions if they want to continue receiving benefits. Employers must also respect those restrictions.
You cannot legally be fired just for filing a workers’ compensation claim in Gastonia. However, because North Carolina is an “at-will” state, an employer may still choose to fire you for other reasons. They might claim that you can no longer perform your job duties or that no accommodations are possible. While it can be difficult to determine, if you suspect wrongful termination, you’ll want to consult a lawyer.
In most cases, you can’t open a legal claim against your employer for your workplace injury. By accepting workers’ compensation, you give up the right to file a case against your employer for negligence. There are a few exceptions, such as if a third party caused your injury. For example, if a subcontractor’s actions caused your injury, you could file a claim against that third party.
The lawyers at Ayers, Whitlow & Dressler know how difficult it can be to navigate repetitive stress injury cases, especially those caused by your work environment. Contact us today to schedule your initial consultation. We operate on a contingency fee basis, so we don’t get paid unless we secure compensation for you. Let us take care of your case so you can focus on recovery.