Lincolnton Workers Compensation Lawyer

Lincolnton Workers Compensation Attorney

Suffering a workplace injury can be physically, emotionally, and financially disastrous. If you have been injured at work and are now unable to support yourself, a knowledgeable Lincolnton workers’ compensation lawyer can offer quality legal guidance and help you fight for the compensation you’re entitled to.

In North Carolina and other states, workers’ compensation benefits are designed to provide critical financial assistance to workers who are hurt on the job. Unfortunately, this system and its benefits are not always so simple to understand or access, requiring intervention from a reputable Lincolnton workers’ compensation attorney.

Dedicated to Helping Injured North Carolinian Workers

North Carolinians could not ask for a better guide through the intricacies of the state’s workers’ compensation program than our founding attorney, Lyndon R. Helton. He has been helping everyday people use the law to their advantage for over 20 years and boasts a multi-faceted legal background that includes stints as a prosecutor and public defender in addition to his current focus: mastery of personal injury law in the civil court realm.

Lyndon R. Helton’s impressive combination of public service and fierce advocacy for injured folks sets the tone for the Law Office of Lyndon R. Helton, PLLC, today. Our dedication to serving clients at a high level when they need us most positions us as a natural leader in complicated legal topics like workers’ compensation disputes.

With competence, creativity, and compassion, the Law Office of Lyndon R. Helton, PLLC stands out as an excellent choice for people in Lincolnton, NC, and Caldwell, Burke, and Catawba counties who need guidance dealing with workers’ compensation issues. Whatever sort of workers’ compensation issue you’re dealing with, we will work tirelessly to find a swift and effective resolution.

Compassionate Legal Representation

The physical aspects of recovering from a serious workplace injury can be challenging on their own, but on-the-job injuries can also have serious mental and emotional aspects. It’s natural to experience some negative or self-doubting thoughts as you grapple with the various personal and professional implications of being unable to work.

You might also be struggling with anger and depression as you realize your once-trusted employer is trying to delay or deny the benefits you need to survive. We want you to understand that you can always feel totally safe and supported when you’re talking about the sensitive aspects of your case with our friendly and well-qualified team. We believe we can offer fierce advocacy and powerful legal strategies while also operating with the utmost empathy for what you’re going through.

North Carolina’s Workers Compensation System: What You Should Know

Work-related injuries and illnesses are never a pleasant experience, but a better understanding of North Carolina’s workers’ compensation system can help streamline and demystify the process to come. Understanding a bit more about how the system works can be a crucial element in advocating for your own rights, communicating with the state, and choosing quality legal representation.

The first key concept to keep in mind is that North Carolina workers’ compensation is a no-fault program. In North Carolina and many other states, the workers’ compensation insurance system serves as the primary (and often the only) legal recourse available to employees who have been injured on the job. This is to say that employees cannot directly sue their employer for an injury and must instead take action through the state’s workers’ compensation system.

A workers’ compensation claim is mechanically quite different from a Lincolnton personal injury lawsuit because fault for the accident is irrelevant and does not need to be investigated or legally established. As long as it can be sufficiently demonstrated that the injury (or illness) was suffered by the worker while on the job and is directly related to their job duties or work environment, the injury will be compensable through the workers’ compensation system, regardless of which party’s actions specifically led to the injury.

This no-fault insurance system provides benefits to all parties involved. Employers are able to quietly settle claims without needing to actually admit responsibility for an accident and have a robust, state-backed system in place for funding these claims. Injured employees, meanwhile, get access to a streamlined, state-backed system that standardizes the benefits available to them and typically allows them to access funds on a much faster timeline than a civil lawsuit.

Some other key concepts to keep in mind include:

• Industrial Commission Oversight: North Carolina has an Industrial Commission (IC) tasked with overseeing the workers’ compensation system and the claims that flow through it. This government office offers various resources to assist workers, employers, attorneys, and anyone else involved in a workers’ compensation claim. If you encounter unexpected issues with your claim, the IC will likely serve as the first line of “customer support” for you and your attorney.
• Coverage Requirements: The vast majority of North Carolina employers are required by law to carry workers’ compensation coverage for basically all of their employees, with some very limited exemptions for certain industries and circumstances. Verifying your coverage status is absolutely essential, especially if you have been injured at work and need to file a claim. When given the details of your case, your attorney can help you understand whether you fall into any of these coverage gaps.
• Reporting Injuries: It is important that you promptly report any workplace injuries to your employer. Failing to report your injury to your supervisor, manager, or human resources representative immediately when it occurs can hinder your ability to file a workers’ compensation claim after the fact. Once notified of your injury, your employer can begin undertaking their own responsibilities under the workers’ compensation process.
• Medical Treatment: Your employer or their insurance carrier might direct you to a particular medical treatment provider in the aftermath of a work-related injury, but it’s important to understand that employees do have the right to request changes to their treatment or to seek treatment from their preferred healthcare provider.Contrary to what some insurance agents might prefer, being covered by a workers’ compensation plan does not mean you simply hand over your medical autonomy to the insurance carrier.
• Permanent Partial Disability: In cases where injuries result in lifelong medical issues or disabilities, the IC will use an established framework to evaluate impairment ratings and a disability’s impact on future wage-earning capacity in an effort to determine appropriate compensation.
• Challenges and Disputes: Disputes related to workers’ compensation proceedings will also be handled within the Industrial Commission framework rather than in traditional civil litigation. If your employer refuses to acknowledge your injury report, or if an insurance carrier wrongly denies your claim, you have options for recourse. For example, your attorney might file a request for an in-person hearing before the IC.

Lincolnton Workers’ Comp FAQs

Q: Does NC Workman’s Compensation Pay for Pain and Suffering?

A: No, NC workman’s compensation does not typically pay for pain and suffering. Workers’ compensation, or “workman’s comp” benefits in North Carolina, are focused on more tangible items like the medical expenses associated with treating the injury and the injured worker’s lost wages, as well as long-term disability and vocational rehabilitation benefits when appropriate.

Q: How Is a Workers’ Compensation Settlement Calculated in NC?

A: A workers’ compensation settlement in NC is calculated based on established factors such as the severity of the injury, the extent of disability, actual medical costs, and loss of income. In some situations, vocational rehabilitation and other benefits may also be considered.

Q: What Is a Ghost Policy in NC Workers’ Compensation?

A: A “ghost policy” in NC workers compensation refers to a bare minimum workers’ compensation insurance policy carried by a one-person business or a business that only employs independent contractors and no actual, in-house employees.

Super-small businesses sometimes wish to purchase these ghost policies (which do not actually cover anyone or provide any benefits since the business owner themself is exempt from workers’ compensation) as a way to comply with various programs, regulations, or requirements.

Q: How Long Do I Have to Sue for Work-Related Injuries in North Carolina?

A: You cannot sue your employer directly for work-related injuries in North Carolina. You can, however, file a workers’ compensation claim through the state’s Industrial Commission. This process is begun by promptly reporting your work-related injury to your employer. The statute of limitations for filing a workers’ compensation claim in North Carolina is two years, but immediate action is almost always desirable.

The Law Office of Lyndon R. Helton, PLLC – Powerful Legal Help for Injured Workers in Lincolnton, NC

If you’ve been injured or fallen sick as a direct result of your job duties or work environment, don’t wait another day to begin the process of seeking the compensation and benefits you are legally entitled to. Focused, goal-oriented representation from a Lincolnton workers’ compensation lawyer can help ensure your claim is filed correctly and on track for a positive resolution.

Contact us today to schedule a totally confidential, no-pressure consultation and learn more about how we can help injured workers use the workers’ compensation system to their advantage.