Table of Contents
At your job, you should feel confident that proper safety measures and protocols are in place and being observed. Sometimes, though, mistakes and accidents do happen, and on-the-job injuries occur. Employees who suffer these injuries are left with significant costs and impacts on their lives. To better your chances of receiving adequate compensation for these injuries, it can be helpful to work with a Salisbury on-the-job injury attorney like Ayers, Whitlow & Dressler.
These costs associated with workplace injuries are the responsibility of those liable for them, meaning the injured workers’ employers or other parties. Often, though, it’s the insurance companies you will have to deal with to get the restitution that you’re owed. This can be difficult and could potentially even require legal force to be brought against them.
Experienced attorneys can help you stand up to insurance companies that act in bad faith. At Ayers, Whitlow & Dressler, we work hard to represent our clients and exercise every opportunity available to get them the compensation that they deserve.
When someone gets hurt at work, the default assumption is that their employer is liable and responsible for compensation. More often than not, this is the case, but there are frequent circumstances when it is actually some other third party that may be properly liable.
What’s important is that it must be the negligence of that party that led to the injury that you suffered. The potentially liable party also plays a role in determining what kind of method is necessary for seeking proper compensation. Some of the potentially liable parties include:
If your employer is responsible for your injury, then it is almost certain that the proper procedure for seeking compensation will be a workers’ compensation claim. For this to be the case, though, there are some basic qualifications that must be met.
To receive workers’ compensation, you must be a qualified employee. This means a couple of different things. First, it means that you work for an employer who is required to carry workers’ compensation insurance. In North Carolina, this is usually any employer who has three or more employees working for them.
Under some circumstances, there may be a higher or lower threshold for the requirement, and in other situations, there are full exemptions from being required to carry the insurance.
However, in most cases, including both those involving private entities and those involving governmental ones, it is the three-employee threshold that sets the requirement for carrying workers’ compensation insurance. Second, to be a qualified employee, you must be an employee of the company or governmental entity and not be an independent contractor, which would make you exempt.
Your injury must also fit the proper qualifications to be covered. It must be an injury that is the responsibility of your employer. This typically applies to almost all injuries that happen at work, although not typically to those involved in your commute to and from work. It also must not have occurred due to drug or alcohol use on your part, been intentionally caused by you, or the result of horseplay. It must be an injury that generally occurred within the normal course of your work.
If those things can be established, workers’ compensation is required to cover things like all the medical bills associated with your injury, wage compensation, and vocational rehabilitation if necessary.
The wage compensation is not your typical full wages but rather usually two-thirds of your average weekly wage, subject to maximums. The wage compensation is tax-free, though, which should mean something relatively close to your normal take-home pay. It should be noted, though, that workers’ compensation does not cover something like pain and suffering.
In cases where there is a third party that is to blame for your injuries, it’s possible that a personal injury claim may be the right way to seek restitution for your injuries. In a personal injury claim, it’s important to establish negligence on the part of the party that caused your injuries.
This is shown by demonstrating that they had a responsibility to be careful about how their behavior affected others, how they failed to fulfill that responsibility, and how that failure led directly to the injuries that you suffered. In other words, your lawyer will need to show how their failure to do what was reasonably expected of them led to an accident, and you suffered an injury as a direct result of that accident.
Once that negligence is shown, you can collect damages for the costs that are a direct result of your injury. This includes things like medical bills, lost wages, future medical costs, and psychological costs, such as mental anguish and pain and suffering. It is worth noting, though, that in North Carolina, if you can be shown to bear any fault at all for your injury, then it is possible that you may receive no damages whatsoever.
Much about an on-the-job injury can be confusing, right down to the issue of who is at fault for the injury. A lawyer, though, can help simplify things, clear up the confusion, help you pursue what you’re owed, and even represent you when needed.
An on-the-job lawyer will often investigate the circumstances around your injury to understand where potential liability may exist. In considering the whole of the accident, they can also help an injured worker understand whether or not they will have to file a workers’ compensation claim or if a personal injury claim may be an option. They can also help give you an understanding of the kind of compensation award that would be in line with the injuries that you’ve suffered.
A lawyer can also represent you as needed throughout the process, whether that be in negotiations with the insurance companies, in workers’ compensation hearings and appeals, or in a personal injury claim. They will advocate for you and make the case for what you deserve.
Workplace injuries can cause significant problems for a worker. Medical bills, missing work and wages, and potentially even needing to change careers are all possible. These are costly challenges that someone faces after a workplace injury. Compensation for these things is the responsibility of those who are liable for the injury.
In most cases, this is likely to be your employer, but there is also the possibility that another party could be liable. Either way, though, it’s very probable that an insurance company will be on the hook to pay what you’re owed.
These insurance companies are often not eager to part with the money that is rightfully owed to you. What they pay you is sure to lower their profits. Therefore, it’s possible that they will try to lowball an offer or even deny your claim when they don’t have sufficient grounds to do so. You can, though, make use of the legal system to hold these parties accountable for what they owe you.
However, that process can be complex and requires a firm understanding of how to answer the challenges to your claim. Working with a Salisbury on-the-job injury lawyer, like Ayers, Whitlow & Dressler, can help put your claim on solid footing. If you’ve suffered a workplace injury recently and need help seeking the compensation you’re owed or are even unsure of who is liable and what they owe, contact us today.
I was in a bad situation but John did everything that need to be done so I could have a clear mind with my financial situation, surgery, medical. John Ayers and team is the best!!…
My most sincere thanks for the most professional representation. You and your team have stuck by me through the years in dealing with this very stressful case. I admire your composure, work ethic and most…
Christian was handling a situation for my brother-in-law when my brother-in-law unexpectedly passed away. He followed up until the matter was resolved. He was easy to contact and always got back to me. I would…
Christian was patient with me as we navigated my workman’s comp claim. He supported my rights to proper reimbursement. He explained what I should expect and was exactly right! I felt comfortable with his expertise.…
During an extremely stressful event in our lives we sought out the services of a Workers Compensation Attorney. Christian Ayers came highly recommended. He was great to work with and explained everything in detail, making…
When I went to see John the company Lawyers had offered me $26K for an on-the-job injury that resulted in leaving me a paraplegic. We met and John immediately put me at ease. He explained…
John is a excellent attorney, he’s very caring and professional. He has given us peace of mind and security. My husband is a quadriplegic and he fought hard for our rights and came to us…
John really understands the laws and is willing to go the extra mile to make things easier for his clients. I really liked the “ no nonsense “ approach in an industry that doesn’t make…
Mr. Ayers is the best attorney I've ever had the privilege to work with. Not only is he a knowledgeable professional, but he's honest and truly cares about his clients. He was a crucial part…