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Thousands of North Carolina workers face significant safety risks daily in their workplaces. Some industries are inherently dangerous, and employers must take appropriate precautions against workplace injuries and adhere to industry safety regulations. In addition, workplace injuries can and do occur from many unpredictable causes. Injured workers must know all about their rights when recovering from their injuries and securing recompense for their damages. The workers’ compensation system of North Carolina can provide invaluable relief to injured workers throughout the state but navigating the claim process is often more challenging than injured workers expect.
Facing delays and other challenges with a Monroe workers’ compensation claim is even more difficult when the claimant is struggling with a severe injury. For example, a crushing injury of any kind will likely result in permanent damage. Many victims of crushing injuries require extensive recovery time, and the long-term and permanent complications caused by these injuries can interfere with their lives in many ways. A Monroe crush injury attorney is an ideal resource to consult in this situation. The team at Ayers, Whitlow & Dressler has long experience handling complex work-related injury claims, including claims pertaining to catastrophic injuries. If you or a loved one recently suffered a crushing injury at work, we can help you navigate the workers’ compensation claim system confidently and explore the full scope of your recovery options.
The workers’ compensation claim system may appear straightforward at first, and North Carolina has workers’ compensation rules that are some of the strictest in the country. But unfortunately, injured workers often encounter all types of problems with their workers’ compensation claims. For example, some face unexpected delays in their employers’ workers’ compensation insurance carriers’ handling of their cases; others have their claims denied because of technicalities or clerical errors. It’s also possible for an insurance carrier to lowball a claim, hoping the injured worker will settle for less than they should.
Having an experienced crush injury attorney from Monroe represent you in your workers’ compensation case can minimize the risks of these or other issues interfering with your claim. For example, you may not be able to work for an extended period after a crush injury, or you could be unable to return to work at all. It’s understandable to be uncertain and frustrated by your circumstances, but the team at Ayers, Whitlow & Dressler can provide the guidance and support you need to navigate your workers’ compensation case as efficiently as possible.
Your Monroe crush injury attorney can guide you through the workers’ compensation process, ensuring your employer upholds their legal responsibilities and that their insurance carrier handles your claim in good faith. If any disputes arise regarding your claim for workers’ compensation benefits, our team can assist you in securing a favorable outcome before helping you explore further options for recovery. Depending on how your crush injury happened, it’s possible to have grounds for legal action against the person or party that caused it outside of the workers’ compensation claim.
Ultimately, hiring an experienced crush injury lawyer in Monroe makes handling your workers’ compensation claim easier and increases your chance to maximize your recovery through additional legal action. Ayers, Whitlow & Dressler can provide the compassionate legal counsel you need to understand your options for recovery and securing as much compensation as possible for your damages.
North Carolina law requires every employer in the state to carry workers’ compensation insurance coverage. This coverage applies to all the policyholder’s eligible employees, and when injuries happen at work, the victims can file claims for benefits. Filing a workers’ compensation claim is similar to filing any other insurance claim. The claimant must complete the necessary paperwork, secure any documentation they must submit to support their claim, and await the insurance carrier’s determination.
Workers’ compensation insurance carriers typically require claimants to undergo medical examinations of their injuries. Therefore, when you report a workplace injury to your employer, they should provide you with the necessary claim forms and a list of local physicians you can visit for your examination. While you may see any doctor in an emergency, you will likely need to see a workers’ compensation physician as soon as you can do so safely.
The workers’ compensation doctor will assess your injury, determine whether you face long-term complications, and assign you a disability rating that will heavily influence the outcome of your claim. The higher a claimant’s disability rating, the more likely they will qualify for extensive long-term workers’ compensation benefits. However, even if a claimant manages to secure the maximum benefits possible from their employer’s workers’ compensation insurance policy, they may have grounds for additional legal action that may enhance their recovery.
Workers’ compensation typically prohibits injured workers from filing civil claims against their employers in response to workplace injuries. However, an employer could face civil liability if they intentionally caused the victim’s injury in some way or if a glaring workplace safety or regulatory violation caused the injury. Likewise, a worker who is injured could also have grounds against a co-worker if their co-worker intentionally caused the injury.
If a third party caused your recent workplace injury, you would likely be able to file your workers’ compensation claim since the incident happened while you were doing your job. However, since the at-fault party is outside your workplace, their negligence or intentional misconduct constitutes grounds for a personal injury claim targeting a third party.
Success with a personal injury suit against a third party can result in a more expansive recovery for the victim of a crush injury. Workers’ compensation is an invaluable lifeline for anyone who sustains an injury at work, but there are limits on how much a workers’ compensation claim can offer in compensation for a life-changing injury. Therefore, when a claimant has sustained a potentially life-changing crushing injury, they need to explore the full range of their legal options with representation they can trust.
The attorneys at Ayers, Whitlow & Dressler have experience with workers’ compensation claims and complex personal injury cases. If you believe you have the right to explore legal action outside of the workers’ compensation system for your crushing injury, we can help you maximize the benefits you obtain and guide you through your civil claim proceedings for additional recovery. Our team knows how to help clients establish liability for their injuries and identify all their available channels of compensation.
Any crushing injury can cause a host of adverse complications for the victim. When a limb is crushed, amputation could be possible if there is no way to salvage the injured limb. Crushing injuries can include multiple bone fractures, extensive nerve damage, destroyed soft tissues, and severe bleeding. The total cost of fully treating the victim of any crushing injury is likely to include extensive immediate medical costs and various long-term expenses.
Workers’ compensation in North Carolina typically offers two forms of benefits to injured workers. First, a victim of a crushing injury can expect their employer’s workers’ compensation insurance carrier to provide complete coverage for all their medical expenses. This includes expenses for healing the injury and managing the victim’s symptoms in recovery.
The second form of benefits is ongoing disability benefits that account for the victim’s lost income when they cannot work because of an injury. In North Carolina, disability benefits are divided into “total” and “partial” designations and can be awarded temporarily or permanently. Partial disability benefits apply when a victim can work but cannot earn as much as they did previously because of their injury. Total disability benefits are awarded when a victim cannot work because of their injury.
When the victim of a crushing injury has grounds for a personal injury claim against a third party or other civil action outside of their workers’ compensation case, they can seek recompense for the lost income and lost future earning potential that workers’ compensation benefits may not be able to cover. They may also seek money for their pain and suffering from the at-fault party.
The right legal representation can make a tremendous difference in the quality of your experience with the workers’ compensation claim. You will also have readily available support and guidance when you need to pursue additional legal action beyond your claim. Ayers, Whitlow & Dressler has been representing Monroe, NC, clients in a wide range of difficult work injury cases for many years, including those pertaining to crush injuries. Victims of these injuries often face uncertain futures and have many legal questions regarding their recovery options.
It is essential to act quickly after experiencing a workplace injury to have the best chance of maximizing your recovery. To explore your options for legal recourse after sustaining a crushing injury at work, talk with our team. Contact Ayers, Whitlow & Dressler today to schedule your consultation with a Monroe crush injury lawyer.
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