Workers Compensation Attorneys
You need a workers compensation attorney if you have been injured on the job. You may be entitled to Workers Compensation benefits. North Carolina state law requires all employers with 3 or more employees to provide these benefits for employees who are injured or killed as a result of an accident that arises out of and within the course and scope of their employment. In addition, benefits are available to workers who are suffering from certain occupational diseases, such as byssinosis or brown lung disease. Please consult with our attorney to check if your condition qualifies as occupational related.
If you qualify for workers compensation benefits, your employer, or your employer's workers compensation insurance, will pay for the cost of treating your injury. If you are out of work for an extended period of time as a result of your injury, you are entitled to wage compensation (2/3 of your average weekly wage). In cases where a worker suffers the loss of, or permanent impairment to, a body part, the worker is entitled to additional compensation. In cases where a worker is totally disabled as a result of an injury, the worker is entitled to wage compensation for so long as that total disability continues. If a worker is killed as a result of an on the job accident, benefits are paid to the worker's family. Our workers compensation attorney in will be able to tell you which situations apply to your case.
In many cases, especially those involving minor injuries, the employer or the insurance company will provide the medical treatment and other benefits without disputing it. In other cases, especially those involving more serious injuries, the employer or insurance company may dispute whether or not the injury was the result of an accident, whether it arose out of the employment, whether it occurred during the course of or within the scope of the employment, whether or not there is a permanent disability and how long that disability continues or any number of other aspects of the claim. This is one of the main reasons why you need representation by one of our experienced workers compensation attorneys.
Workmans Comp Lawyer
Another situation where you may need the counsel of a workmans comp lawyer would be the following example. If you are injured as a result of another person's negligence other than your employer's, you may also have a 3rd party claim against that person. A common example of this type of situation is a person whose job requires them to drive who is injured in a car accident that is someone elses fault. These type of claims can also arise when a persons job requires them to go on the third partys property and they are injured. Under this type of claim, the injured worker is entitled to be reimbursed for the cost of treatment, for lost wages, and for pain and suffering (which is not included in a workers compensation claim). While your employer or the workers compensation insurance company will be entitled to be reimbursed for the payments they made for medical treatment and wage loss from the settlement with the third party, because these claims cover items not included in the workers compensation claim, i.e. pain and suffering and 100% of wage loss, these claims are usually worth pursuing. In fact, if you have a 3rd party claim and dont pursue it within a specified period of time, your employer or the insurance company can pursue that claim on their own in order to obtain reimbursement. Our workmans comp lawyer will advise you if these are necessary steps.
In cases of minor injuries where there is no dispute about entitlement or benefits, getting an attorney may not be necessary, but it is still a good idea to contact a lawyer to find out what your rights are. Because disputed claims involve both factual and legal issues, serious consideration should be given to obtaining legal representation by a lawyer if a dispute arises in regard to your claim. In cases involving third party claims, legal counsel by a lawyer can be helpful not only in negotiating a settlement with the third party, but in negotiating a settlement of your employers or the workers compensation insurers reimbursement. Having a lawyer can ensure your rights will be priority number one.
If you or a loved one has suffered a work related injury, call PenistonDeason, workmans comp lawyer. now at 704-373-0203 or Contact Us. The initial consultation with an experienced lawyer is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means the attorney gets paid for their services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid case and be entitled to compensation for your injuries, but you must contact an attorney before the statute of limitations expires.