Morganton Workers Compensation Attorney

Morganton Workers’ Compensation Lawyer

Workers’ compensation insurance exists to protect both employers and employees when workplace accidents happen. For the employer, workers’ compensation insurance insulates them from civil liability for their injured workers’ damages. For injured workers, workers’ compensation provides a vital safety net that includes compensation to help them recover and job security, ensuring they can return to work once they recover.

Experienced Legal Counsel for Workers’ Compensation Claims in Morganton, NC

North Carolina law requires almost every employer in the state to have workers’ compensation insurance. If you suffer any type of injury at work, you must report it to your supervisor immediately, and they are legally required to create an incident report and provide the materials you will need to file your claim for benefits. While workers’ compensation insurance functions similarly to most other types of insurance, an injured claimant faces the additional complexity of their employer’s involvement in the process.

An experienced Morganton workers’ compensation attorney is a tremendous asset in this situation. The attorneys at Ayers, Whitlow & Dressler have years of professional experience handling a wide range of work injury claims for clients throughout the state, and we can put this experience to work for you after your work injury. We know the challenges you could face as you seek compensation for your injury, and we know how to help you overcome them.

Filing Your Workers’ Compensation Claim in Morganton

State law expects an injured worker to report their injury as soon as possible. Any delay could cast doubt on a claim, so it is always advisable for an injured worker to report a workplace injury immediately. Once you report your injury, your employer should provide the forms you need to file your claim for workers’ compensation benefits.

As part of the claim filing process, you will need to undergo a medical evaluation. A workers’ compensation physician will examine you and determine the severity of your injury. They will assign you a disability rating, which is a numerical indicator of the harm you suffered. The higher the rating, the more disabled you are deemed to be, and the more you can receive in benefits. Once you complete the medical review process, you are ready to submit your claim for benefits and must await the insurance carrier’s determination.

Benefits Available Through Workers Compensation

The purpose of workers’ compensation insurance is to provide financial relief to an injured worker in the form of two types of compensation:

1. Medical expense coverage. Your employer’s insurance carrier will pay for all medical care you need to recover from your injury as fully as possible. This includes both immediate and future care if you sustained a serious injury that demands ongoing rehabilitative treatments.
2. Income replacement benefits. When your injury prevents you from working while you recover, your employer’s insurance company will pay you disability benefits to offset your lost income. These benefits are generally paid each week at a rate of two-thirds of your average weekly wage. Partial disability benefits are possible when a claimant can work but cannot earn as much as they did prior to their injury.

After the insurance company receives your claim forms and all required documentation, it will investigate your claim and then deliver their determination of benefits. It’s possible for an injured worker to encounter problems from both their employer and the insurance carrier, and it will be much easier to resolve these issues if they have experienced legal counsel on their side. Additionally, it is also possible for an injured worker to have grounds for additional legal recourse outside of the workers’ compensation system.

Filing a Third-Party Claim for a Work Injury in Morganton

Typically, workers’ compensation insurance will prevent an injured worker from filing a civil suit against their employer for their injury. However, it is possible for an injured worker to have grounds for a civil suit against a third party if someone disconnected from their workplace caused their injury. For example, if you caused your own injury while working due to an honest mistake, you would likely qualify for workers’ compensation benefits but could not file a personal injury claim. However, if a third party outside your work caused your injury, you can file your claim for workers’ compensation benefits and then proceed with a personal injury suit too to recover damages that workers’ compensation won’t cover.

If you have grounds for a third-party personal injury claim, this could potentially yield compensation for the lost income that workers’ compensation benefits does not cover. Additionally, you could recover compensation for your pain and suffering. It’s important to remember that while proving fault is not typically a concern for a workers’ compensation claim it is crucial for a personal injury claim. North Carolina enforces a contributory negligence law, so you can only pursue compensation for your personal injury if you did not contribute to causing the injury in any way.

How an Attorney Can Help You Recover

Legal counsel you can trust is an invaluable asset for a workers’ compensation claim in Morganton. While the process may be similar to filing any other type of insurance claim, there is always a risk of encountering issues with an employer and/or their insurance carrier. If you do not have legal counsel on your side and you encounter any such problems with your claim, you could face a difficult situation you do not know how to address on your own. Even if your employer and their insurance carrier facilitate your claim in good faith, meeting all your filing requirements and other deadlines while struggling with your injury could be more challenging than you expect.

When you choose Ayers, Whitlow & Dressler to represent you in a workers’ compensation claim, our team will do everything we can to streamline your receipt of benefits as much as possible. We know how insurance companies typically look for ways to reduce or deny benefits, and we know how to resolve legal issues that arise with an employer. If you have grounds for a personal injury claim, we can assist you with this as well. Ultimately, hiring an experienced Morganton workers’ compensation attorney can make every aspect of your recovery process easier to manage and more likely to yield the results you hope to see. Contact Ayers, Whitlow & Dressler today to schedule a free consultation with a Morganton workers’ compensation attorney and learn more about how we can empower your recovery efforts.