Morganton Firefighter Cancer Lawyer

Morganton Firefighter Cancer Attorney

Being a firefighter is an extremely dangerous job, and our communities owe a debt of gratitude to the heroic men and women who run toward danger when we need them. Unfortunately, because of chemical and smoke exposure, firefighters are more prone to developing certain cancers. If you are a current or former firefighter dealing with a cancer diagnosis, a Morganton firefighter cancer lawyer may be able to help you pursue a workers’ compensation claim. 

About Ayers, Ayers & Dressler

When your future and financial stability are at stake, you need strong legal representation to advocate for you. At Ayers, Ayers & Dressler, our attorneys bring over 100 years of combined experience to our clients’ service. We are deeply invested in our community, and we take pride in serving the people who make it a safer, better place to live for everyone. Our office, located at 301 South McDowell Street in Charlotte, is an easy trip away for our Morganton clients, and we are available by phone. 

Firefighters and Cancer Overview

When firefighters do their jobs, they are routinely exposed to smoke, dust, and chemical byproducts of fires. Repeated exposure to these irritants can contribute to lung cancer and other cancers, and the full picture of the overall risk is only recently coming into focus. According to the National Fire Protection Association, firefighters are 9% more likely to be diagnosed with cancer than the general population, and they are 14% more likely to die from cancer. 

Firefighters are at higher risk than the general population for several different kinds of cancer, including lung cancer, skin cancer, kidney cancer, and colorectal and prostate cancer. The exact mechanisms behind these increased risks are not fully understood, but smoke inhalation, chemical exposure from fires themselves, and insufficient or dirty personal protective equipment are considered contributing factors. 

If you are a firefighter or a former firefighter, and you have been diagnosed with cancer, you may be able to file a workers’ compensation claim to help cover your medical expenses.

Workers’ Compensation in North Carolina

In the state of North Carolina, the vast majority of employers are required to carry workers’ compensation insurance. This insurance provides coverage for workers who are injured or develop an illness as a direct consequence of the work they do. 

A worker can file a workers’ compensation claim for a wide variety of work-related injuries. Here are some common examples:

• Head injuries from falling equipment
  
• Broken bones or limb injuries from getting caught in factory equipment
  
• Muscle strains or sprains from work that requires bending, stretching, or twisting movements
  
• Burns from heat or chemicals
  
• Stress injuries like carpal tunnel or tendonitis that result from repetitive motion
  
• Illnesses related to chronic chemical or irritant exposure

Whether an illness or injury can be covered by workers’ compensation depends on whether the condition can be directly attributed to work. For example, development or arthritis may not be considered a work-related event unless the worker in question can demonstrate that the activities of the job contributed to the overuse and irritation of the affected joints.

When a worker is injured or develops an illness from work in North Carolina, they can follow these steps to collect workers’ compensation benefits: 

• Report the injury or illness to the employer.
  
• Seek medical treatment or an evaluation from an employer-approved physician, if your employer has one available, or from your own physician as appropriate.
  
• Follow your physician’s instructions and keep a record of any expenses that are billed to you. If you tell your medical provider that your care is part of a workers’ compensation case, they may be able to bill workers’ compensation directly, rather than billing you.
  
• File a workers’ compensation claim to get coverage for your medical expenses and to potentially offset some of your lost wages if your condition has made it impossible for you to work at full capacity. 

In cases of cancer caused by firefighting, you may need documentation from your physician to help you establish the link between your cancer and your occupation. From the very beginning of this process, it can help to have experienced legal counsel to advise you. 

Hire a Firefighter Cancer Lawyer

Whether you need to file an initial workers’ compensation claim regarding a cancer case in Morganton, NC or you need to appeal one that has been denied or underpaid, you should hire a firefighter cancer lawyer to help you with the paperwork and the legal technicalities. Your attorney can gather the necessary details and documentation about your case and communicate with your employer and the insurance company on your behalf. 

An experienced lawyer can also file your initial workers’ compensation claim paperwork for you. Mistakes on your paperwork can result in delays in your case, or even denials if important supporting information is missing. This is why it is a good idea to let a seasoned attorney who has handled many similar cases take care of the administrative tasks.  

Workers’ compensation claims do not always proceed as planned. It is important to remember that insurance companies are still businesses, and at the end of the day, their goal is to make money. They take measures to prevent paying for unnecessary medical treatment, which is why they often require documentation from an approved physician before they approve a claim. These approved physicians may recommend a treatment plan that is effectively the “bare minimum” in the name of saving money. 

In some cases, workers’ compensation claims are denied, or the recommended course of treatment is insufficient, leaving a sick or injured worker to pay for the difference in medical bills. When this happens, an attorney can help gather additional documentation and challenge the decision. 

If you find yourself facing a denied claim, you can file a request for a hearing through the North Carolina Industrial Commission, which oversees the workers’ compensation system in the state. During your hearing, you have the opportunity to present your claim and any supporting documentation you have from physicians or any other relevant party. Your lawyer can be present at your hearing and speak for you, which may strengthen your case and help you achieve a positive outcome. 

FAQs About Morganton, NC Firefighter Cancer Laws

Can Workers’ Compensation Fully Replace my Wages if I Cannot Work in North Carolina? 

No. Workers’ compensation coverage does not fully replace your wages in North Carolina. The benefits can include partial replacement, usually equivalent to about two-thirds of a worker’s typical pay. In cases of partial or total disability, whether short-term or long-term, workers’ compensation can provide disability benefits. Disability must usually be confirmed by a physician according to specific criteria.

How Much Does a Morganton Firefighter Cancer Attorney Cost?

The cost to hire an attorney to help you handle your Firefighter Cancer compensation claims in Morganton can vary significantly from case to case. Because most attorneys bill on an hourly basis, more complex cases result in higher costs. However, in workers’ compensation-related cases, many attorneys work on a contingency model. This means they do not ask for any up-front payment to begin working on the case. Instead, they receive a percentage of any settlement or award they secure for the client. 

How Do I Prove My Cancer Is Related to Firefighting in Morganton?

Sometimes, it may be difficult to definitively prove in Morganton that a case of cancer is related to chemical or smoke exposure that took place in the course of firefighting work. However, there is established evidence suggesting that firefighting is a hazardous job in terms of cancer risk, and your oncologist can provide an educated opinion regarding your occupation’s role in your case. 

Is There an Appeal Process for Denied Workers’ Compensation Claims in North Carolina? 

Yes, there is an appeal process for denied workers’ compensation claims in North Carolina. If your claim is denied, it is a legal requirement that you be provided with the exact reason for the denial. After you review the information with your attorney, you can file a request for a hearing on your case. Your lawyer can then represent you at the hearing and advocate for your compensation. 

Can I File a Personal Injury Claim Against My Employer for My Cancer Diagnosis in North Carolina? 

Usually, no. Under most circumstances, a person who has been injured or developed an illness because of occupational hazards cannot file a personal injury claim against their employer in North Carolina. The only course of action is to pursue a settlement or reimbursement through workers’ compensation coverage. The only possible exceptions to this are in cases of malicious action on the part of the employer. For example, if your fire department did not allow you to wear protective equipment, you may have a case. 

Contact Ayers, Ayers & Dressler Today

If you are suffering from cancer because of your work as a firefighter, you may be overwhelmed by mounting medical bills and concern for your health, your future, and your family’s financial stability. At Ayers, Ayers & Dressler, we help hardworking people pursue the compensation they need for occupational injuries and illnesses. Contact us today to discuss your case and find out how we can assist you.