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The workers’ compensation system is a valuable safety net for anyone who sustains an injury on the job. However, each state has different laws pertaining to workplace injuries and employers’ responsibilities to injured workers. For example, North Carolina enforces some of the country’s strictest workers’ compensation laws, and almost every employer in the state must have this insurance coverage for their employees.
If you or a family member recently suffered any on-the-job injury in the Indian Trail area, legal counsel you can trust will be invaluable as you seek compensation for your damages. Every type of work imposes risks of injuries, from acute traumatic wounds to acquired medical conditions that manifest over time. Whatever your case entails, the Ayers, Whitlow & Dressler team can offer the compassionate legal counsel you need to approach your recovery efforts with peace of mind.
There is no legal requirement to hire a lawyer to help you file a workers’ compensation claim after a workplace injury. Some people will attempt to file their own claims without hiring legal counsel, and some even successfully secure fair settlement offers from their employers’ insurance companies. However, filing a workers’ compensation claim on your own can be difficult if you’re recovering from painful injuries, and you may unintentionally settle for less than you rightfully deserve if you do not have legal counsel advising you.
Hiring an experienced Indian Trail on-the-job injury attorney to represent you will significantly improve your chances of success with all of the recovery efforts you pursue after a workplace injury. Your legal team will help you complete your claim forms, gather any supporting documents you will need to file your claim, and assist you in exploring any further legal recourse available to you that may enhance your final recovery. Ultimately, whatever your recovery efforts entail after an injury on the job, an experienced attorney is the best asset to have on your side if you want to maximize the compensation you secure.
Workplace injuries occur in all industries. While some types of work are inherently more dangerous than others, it’s possible for life-changing injuries to occur virtually anywhere, even in seemingly safe workplaces. Some of the most commonly reported on-the-job injuries include:
However your on-the-job injury happened, the right attorney can assist you in gathering whatever evidence you may need to hold the defendant accountable, prove the full extent of your claimable damages, and prepare for the legal proceedings ahead of you when you have grounds to file a personal injury claim.
The purpose of workers’ compensation is to provide job security and peace of mind when an employee sustains any injury at work. Almost all employees in the state are covered, and any employer who fails to maintain appropriate insurance coverage can face several severe consequences. Workers’ compensation may provide relief to injured workers, but it also protects employers. When an employer has appropriate insurance coverage, they will not face civil liability for the workers’ damages, and the injured worker cannot file a personal injury claim against their employer. However, there are exceptions to this rule.
An experienced Indian Trail on-the-job injury attorney is the ideal asset for maximizing the compensation you obtain from your workers’ compensation claim. Your attorney can help you complete your claim forms and negotiate with the insurance carrier on your behalf. If any problems arise with your claim or if the insurance carrier requests additional information, your attorney can address these matters on your behalf until you secure a suitable settlement offer.
Two forms of compensation are typically available to an injured worker once their claim for benefits is approved. First, they can expect their employer to cover the cost of all the medical treatments they require. This includes immediate emergency treatment costs, ongoing hospital bills for an extended stay, surgery costs, and any ongoing expenses for managing symptoms until the victim reaches maximum medical improvement.
The second form of compensation is disability benefits, intended to replace the income the victim loses while they recover from their injury and are unable to work. These benefits are flexible, and the claimant will need to submit to a medical examination from a workers’ compensation doctor before they can obtain this type of compensation. The doctor assigns the claimant a disability rating based on the severity of their injury. The higher the rating, the more the claimant receives in disability benefits. It’s possible for ongoing disability benefits to be awarded in “total” or “partial” designations. Total disability benefits are paid to workers who cannot work at all until they recover. It’s possible for an injured worker to continue receiving these benefits until they are able to return to work. If an injury does not prevent the victim from working, but they cannot earn as much income as they did previously, partial disability benefits may be awarded to make up the difference in their income. If you are awarded partial disability benefits, you must pay close attention to your obligations in regard to reporting your earnings and your medical updates to the insurance carrier.
In the event a victim has suffered a permanently damaging injury, permanent disability benefits can be awarded, but they are rarely truly “permanent.” It’s possible for a claimant to continue receiving total disability benefits for several years, but whenever a claimant qualifies for this type of extensive ongoing benefits arrangement, the insurer is likely to prefer to settle the claim with a large lump sum “clincher” offer instead. Your Indian Trail on-the-job injury attorney will be an essential asset for ensuring the settlement offer you receive is fair and reasonable, considering the severity of your experience.
While workers’ compensation laws typically prevent an injured worker from filing a civil claim against their employer, this rule does not apply when an employer fails to secure appropriate workers’ compensation insurance or if they intentionally caused the employee’s injury. In these situations, injured workers may have grounds to file personal injury claims against their employers, seeking compensation for the damages their workers’ compensation benefits won’t cover.
It is also possible for a third party to bear fault for your on-the-job injury. For example, if you conduct deliveries for work and a drunk driver hits your work vehicle, you can file a claim for workers’ compensation benefits since you were working when your injury happened. However, since a third party caused the injury, you could also file a personal injury claim against them.
Workers’ compensation can cover your medical expenses and a portion of your lost income after an on-the-job injury. However, it may not fully cover the entire scope of your losses following a severe workplace injury. When you have grounds to pursue a third-party personal injury claim, you can potentially recover compensation for the missing income that workers’ compensation can’t compensate. For example, workers’ compensation may pay up to two-thirds of your average weekly earnings in ongoing disability benefits, and they may offer compensation for new job training if you must seek alternative work after your injury. A personal injury claim could potentially enable you to secure the rest of your lost income as well as compensation for your lost earning potential and the pain and suffering you experienced.
The state’s personal injury laws enable a plaintiff to seek full repayment for all the economic losses a defendant caused them to sustain. Most personal injury claims filed in the Indian Trail area seek economic damages like medical expenses, missing wages, and property losses. Your Indian Trail on-the-job injury attorney can help you calculate the full scope of immediately claimable economic losses that you can seek from the defendant, and they can assist you in recovering compensation for the pain and suffering you experienced with no cap on the amount you can claim.
When it comes to calculating pain and suffering compensation, things like physical pain and emotional distress may sound subjective and difficult to express in monetary terms. However, an experienced attorney will know how to maximize this aspect of your recovery, determining a fair value for the intangible losses you experienced because of the defendant’s actions. For example, you could potentially receive ongoing pain and suffering compensation until your symptoms subside and you reach maximum medical improvement. Alternatively, your attorney may seek a large lump sum that reflects the severity of a severe or permanent injury you suffered.
Anyone who plans to file any kind of civil claim for damages against another party must consider whether the state’s contributory negligence law could apply to their case. Under this rule, a plaintiff cannot recover compensation for their damages if they bear any amount of partial fault for causing them. While it’s possible for a worker to still qualify for workers’ compensation benefits if they caused their own injury through an honest mistake or simple negligence, a plaintiff in a personal injury claim loses all right to claim compensation if they bear even slight partial responsibility for causing their claimed damages.
The workers’ compensation claim process is intended to be intuitive, but the ease with which an injured worker can file their claim depends on whether their employer fulfills their obligations. For example, the injured worker should report their injury immediately, even if they think it is only a mild injury. In addition, the employer is required to create a formal incident report, and the employee will need this if they decide to pursue workers’ compensation benefits.
If the injured worker requires emergency medical care after an injury on the job, they can see any available doctor. However, if they intend to file a claim for workers’ compensation benefits, they must undergo a medical evaluation from an approved workers’ compensation physician. This doctor assigns your disability rating. An experienced attorney will be a critical asset if you encounter any unexpected retaliation to your claim from your employer. They can also assist you if you believe a workers’ compensation physician has not evaluated your condition correctly.
When it comes to the claim filing process itself, this is just like most other insurance claims. If necessary, the insurer will investigate the claim and may contact the employer and the claimant for additional information. If the claim is approved, the insurer delivers a determination of benefits explaining the compensation the claimant will receive. Again, your Indian Trail on-the-job injury attorney can ensure this offer is fair and reasonable in light of the severity of your experience.
The attorneys at Ayers, Whitlow & Dressler have years of professional experience representing clients in the Indian Trail area in all of their recovery efforts following workplace injuries. We know the stress and uncertainty that’s likely to follow any injury at work and the many legal questions the injured worker is likely to have about their recovery. In every case we accept, our team takes time to learn as much as we can about our client, developing a completely individualized legal strategy that suits their needs and interests.
If you encounter any problems in the preliminary stages of your recovery efforts, such as retaliation from your employer, uncertainty regarding liability for your injury, or inability to accurately assess the scope of your damages, you need to speak with an experienced attorney as soon as possible. Your legal team can help you understand your situation and the legal options in front of you, ultimately guiding you to the best possible outcome for your case.
Any on-the-job injury can potentially pose long-term or permanent challenges to you and your family. It’s understandable to feel daunted by your circumstances and unsure about how you can return to normalcy after an unexpected injury at work. Whatever your case, the Ayers, Whitlow & Dressler team will guide you through your recovery efforts and address any concerns or questions you have as they arise. If you’re ready to discuss your legal options with an Indian Trail on-the-job injury attorney, contact us today to schedule your consultation with our team.
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…
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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.…
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