What North Carolina Workers’ Compensation Lawyers Won’t Tell You? But We Will (2024)

If you have recently been harmed on the job in North Carolina, you are likely feeling overwhelmed by navigating the workers’ compensation claims process. Although workers’ compensation lawyers have a duty to support injured workers, there are some critical details that they may choose to withhold. As we believe in transparency at our firm, we have decided to share what North Carolina workers’ compensation lawyers won’t tell you — but we will.

Four Things a North Carolina Workers’ Compensation Lawyer Probably Won’t Tell You

At the Law Office of Lyndon R. Helton, PLLC, we believe that knowledge is power. By knowing the facts and having all the information, clients can make informed decisions about their cases, yielding optimal outcomes.

1. Insurance Companies Do Not Have Your Interests at Heart

Although this may seem obvious, it is unfortunately true. Insurance representatives are influenced and pressured by corporate to minimize payouts in an attempt to maximize their bottom line. Therefore, they may employ a variety of tactics — from pushing you to go back to work before you are ready to outright denying your claim to paying you less than you deserve.

Only attorneys who have extensive experience dealing with insurance companies can help you leverage strong legal tactics to fight for the compensation you are truly entitled to.

2. Your Workers’ Compensation Payment Might Not Cover All Your Damages

While North Carolina workers’ compensation is made to cover lost income, medical costs, and cost of rehabilitation, it doesn’t provide compensation for non-economic losses like pain and suffering. For injured workers who have gone through significant emotional distress and physical pain, this can be frustrating news.

Fortunately, you may have further options to pursue more comprehensive compensation, such as pursuing a lawsuit against a third party. A skilled attorney can help you explore all of your options.

3. You Could Be Misclassified as an Independent Contractor

Under the North Carolina workers’ compensation system, independent contractors are not entitled to workers’ compensation benefits. Therefore, employers may commonly misclassify employees as independent contractors to avoid having to provide them with these benefits. If your employer has significant control over the work you’re doing, such as providing your tools or setting your schedule, you may still be able to qualify as an employee.

A seasoned workers’ compensation attorney can help you understand whether you have been misclassified as an independent contractor, helping you unlock access to crucial benefits you need for recovery.

4. You Should Always Fight for Better Outcomes

An insurance company may commonly try to get you to settle quickly so that you accept less money than you are entitled to. While it may be appealing to take a lump sum payment, this could mean that you are left without adequate coverage for the future costs associated with your injury. An experienced attorney can help to fight on your behalf to ensure you receive the settlement you deserve.

The same goes for claim denials. Workers’ compensation claims may be commonly denied based on reasons such as insufficient evidence or statements that the injuries are not directly linked to workplace causes. It is crucial to work with a knowledgeable attorney who can help you navigate the claims process, fighting for maximum compensation, which is the least you deserve after everything you have been through.

FAQs

What Is the Biggest Misconception About Workers’ Compensation in North Carolina?

The biggest misconception about workers’ compensation in North Carolina is that many employers think all of their work-related injuries are going to be automatically covered by workers’ compensation benefits. Unfortunately, the burden is on injured workers to present robust evidence that shows their injuries occurred during the course of their job. This coverage is not always guaranteed and can be contested by an employer or their insurance company.

Are There Limits to What Workers’ Compensation Covers in North Carolina?

Yes, there are limits to what a workers’ compensation payout can cover for injured employees in North Carolina. Workers’ compensation only covers medical costs, wage replacement, permanent disability, and, in some cases, vocational training, but it does not cover non-economic losses like pain and suffering. Furthermore, if the work-related accident was due to intentional misconduct on behalf of the employee, workers’ compensation may not cover the damages.

Can I Trust the Insurance Company to Offer a Fair Settlement?

Unfortunately, insurance companies can typically not be trusted to offer a fair settlement to injured workers. Insurance representatives commonly have only financial motives in mind. They will typically work to minimize their compensation payouts to injured workers, even if this is far less than what they should actually be entitled to. A seasoned workers’ compensation attorney can negotiate an optimal settlement on your behalf.

Why Would My Workers’ Compensation Claim Be Denied?

Your workers’ compensation claim may be denied if you failed to report your injury on time to your employer or if you failed to file your workers’ compensation claim within the two-year period. Further reasons for denial could include a failure to show adequate medical documentation of your injury or condition, classification as a contractor, or suffering from injuries that occurred outside of the context of your job.

Can I Get a Second Opinion if I’m Unhappy With My Assigned Doctor?

Yes, if you are unhappy with the medical treatment or evaluation you have received from the doctor assigned by your employer or their insurance company, you can request to get a second opinion at the employer’s expense. A workers’ compensation attorney can assist you with filing this request to get another medical professional on your case.

Work With a Skilled and Empathetic North Carolina Workers’ Compensation Lawyer

If you have suffered an injury on the job in Catawba, Burke, & Caldwell Counties in North Carolina, you are likely not only suffering from physical injury but also the fear and uncertainty of how you will pay your bills moving forward. A knowledgeable workers’ compensation attorney from the Law Office of Lyndon R. Helton, PLLC, is here to provide you with honest and informed legal advocacy to recover the compensation you need to ensure financial stability moving forward.

Contact us today to get your questions answered and start making a plan.