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Monroe Workers Compensation

Monroe Workers’ Compensation Lawyer

Workers’ compensation is a form of insurance protection almost all employers in North Carolina are required to carry. When an employee sustains an injury while working, their employer’s workers’ compensation insurance policy can provide job security and financial relief from the economic impact of the injury. While the claim process may seem simple enough at first, the reality is that many injured workers in the Monroe, NC, area face unexpected challenges in their workers’ compensation claims.

Helping Injured Workers in Monroe, NC, With Their Workers’ Compensation Claims

Ayers, Whitlow & Dressler offers legal support to injured workers in the Monroe area in their recovery following workplace injuries. Our team can verify that an employer has fulfilled their legal obligations to our client, assist with the claim filing process, and address any issues that arise throughout the case. In addition, when a client’s damages exceed the scope of what workers’ compensation can offer, we can often identify avenues of alternative legal recourse on their behalf.

Regardless of how your recent workplace injury happened or whether you believe anyone is directly liable, the North Carolina workplace injury laws uphold that as long as an injury happens while working, a covered employee has the right to file a claim. A Monroe workers’ compensation attorney with experience will be an invaluable resource through all the legal proceedings you face following your injury. When you select Ayers, Whitlow & Dressler to represent you, our team will do everything we can to maximize your recovery.

Understanding the Workers’ Compensation Claim Filing Process

Filing a claim for workers’ compensation benefits is very similar to filing any other type of insurance claim. The claimant completes a demand letter to the appropriate insurance company, explaining the insurance company’s responsibility for their covered damages and providing evidence of these losses. The insurance company has the right and the obligation to investigate the claim. Once the insurance carrier completes its verification procedures,it will deliver a settlement offer to the claimant.

North Carolina’s workers’ compensation laws require almost every employer in the state to have workers’ compensation insurance coverage. Employers are also required to classify their employees correctly for workers’ compensation insurance. Unfortunately, some employers have attempted to classify employees as contractors to avoid owing them the legal duties they owe to covered employees. Some employers even attempt to derail injured workers’ claims for workers’ compensation benefits out of concern for rising insurance premiums.

An injured employee is responsible for reporting their injury as quickly as possible and beginning their claim filing process promptly. Their employer has a legal duty to provide the materials needed to file a workers’ compensation claim. The employer may not retaliate against the employee for their claim or interfere with the claim process. Once the claim is filed, the workers’ compensation insurance carrier will review it and issue a claim determination.

Working with the right Monroe workers’ compensation attorney makes filing your claim much easier. You will also have less chance of experiencing unfair treatment from the insurance carrier. While some insurers may attempt to convince claimants to accept lowball settlement offers and engage in other unscrupulous tactics to minimize their liabilities, they will be less inclined to attempt this when they see a claimant has legal counsel. Your Monroe workers’ compensation attorney will be invaluable in filing your claim, ensuring a fair settlement, and handling any further legal recourse that you must pursue.

Workers’ Compensation Benefits in Monroe, NC

When an injured worker qualifies for workers’ compensation benefits, their employer’s insurance carrier will typically provide two forms of compensation:

  1. The insurance carrier will cover all medical expenses for the claimant’s workplace injury. This includes the treatment costs for healing the injury, as well as ongoing medical expenses for managing symptoms, restoring lost functionality, and other general rehabilitative care.
  2. The insurance carrier can issue ongoing disability benefits if the injury prevents the claimant from working. The amount paid and the length of time these payments continue hinge on the injured worker’s average wages before their injury and how severe their injuries are.

Medical expense coverage is typically straightforward, but some insurance carriers may impose restrictions on what treatments they cover. A Monroe workers’ compensation attorney can help their client gather medical reports and other documentation they will need to prove the full scope of the treatment they need. Workers’ compensation insurance is intended to cover all the medical care an injured worker requires to reach maximum medical improvement.

Disability benefits from workers’ compensation claims are often more challenging to resolve. Most claimants will qualify to receive temporary disability benefits until they can fully resume their work duties. Workers in these situations typically receive about two-thirds of their average weekly wages in disability benefits until they reach maximum medical recovery. Unfortunately, some injured workers can’t return to their previous jobs because of their injury’s severity.

Partial disability benefits are possible for many injured workers. For example, you might qualify to receive partial disability benefits if you can still work after your injury but cannot handle the same duties or the same workload because of your injury. In addition, whenever a workplace injury results in diminished earning capacity but does not entirely prevent the injured party from working, they can qualify to receive ongoing partial disability benefits that may help make up for the difference in their income.

Further Recovery Beyond Workers’ Compensation

It’s understandable for an injured worker to wonder whether they have grounds for a civil suit against their employer in response to their workplace injury. In most cases, the workers’ compensation laws of North Carolina shield workers from liability for their workers’ injuries so long as they meet their legal obligations regarding workers’ compensation insurance coverage and uphold applicable workplace safety regulations. However, there are exceptions to this rule. For example, if an employer intentionally harmed the claimant, interfered with their workers’compensation claim in any way, or if they do not have appropriate insurance coverage, the worker could file a personal injury suit against their employer.

It is also possible for a third party to be responsible for a workplace injury. For example, if someone outside of your work directly caused your injury and workers’ compensation insurance covers it, you would still have the right to start a personal injury suit against the third party who injured you. This could effectively enable you to secure compensation for any damages that workers’ compensation insurance won’t cover.

It is important for an injured worker to remember that while workers’ compensation insurance applies to most workplace injuries in North Carolina, there are some factors that may disqualify an injured worker from filing a claim for workers’ compensation benefits. For example, if the worker was performing their job duties while under the influence of alcohol or drugs, this would violate not only their employer’s workplace safety policy but also North Carolina’s public policy. In addition, if you are accused of causing your own injury through negligence or egregious misconduct, you will need reliable legal counsel to prove the truth of the matter.

If there are grounds to pursue a third-party personal injury action in response to your workplace injury, you need an attorney capable of handling a multifaceted and complex case of this nature. Ayers, Whitlow & Dressler has the experience you need on your side to approach your recovery efforts with confidence after any workplace injury. Our firm has helped many Monroe area clients recover the benefits and other compensation they need to recover from severe workplace injuries. We’re ready to leverage this extensive professional experience on your behalf.

What to Expect From a Monroe Workers’ Compensation Attorney

Hiring legal counsel to assist with your workers’ compensation claim can streamline your entire recovery process significantly. Your attorney can help you complete your claim forms, address any issues you may encounter regarding your medical examination and disability rating, and correspond with insurance company representatives on your behalf. When you select Ayers, Whitlow & Dressler to represent you in your recovery efforts following a workplace injury in Monroe, you can expect compassionate and responsive legal counsel through every phase of your case.

Our team will carefully review every detail of your workplace injury and determine whether any party, in particular, bears direct fault for the incident and whether your employer met their legal obligations in response to the incident. We will streamline the initial claim filing process as much as possible and address any conflicts that might arise between you, your employer, and their workers’ compensation insurance carrier. Once you receive a determination of benefits, we will assess whether further legal recourse is necessary and possible for a more robust recovery.

Time is a critical factor after any injury at work. You have a limited window in which to file your workers’ compensation claim, and it is always best to report a workplace injury immediately so you can start the claim filing process with minimal delay. While it’s important to be swift in your recovery efforts, you must have legal counsel you can trust. If you are ready to explore your legal options for recovering from a workplace injury in the Monroe, NC, area, contact Ayers, Whitlow & Dressler today to schedule an appointment with our team.

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