Statesville Workers Compensation Lawyer

Statesville Workers Compensation Attorney

An unexpected accident can lead to a serious injury or death in any work environment. Luckily, companies with three or more employees are required to maintain workers’ compensation policies that pay for employees to receive prompt medical care. However, the process of filing claims can be complicated, and even legitimate requests can be met with rejection letters. To help you protect your right to fair compensation, you can rely on the services of a Statesville workers’ compensation lawyer.

The Process of Filing for Workers’ Compensation

When an injured employee in Statesville, NC files for workers’ compensation benefits, the process typically begins with notifying the employer. The employer then provides the necessary forms and materials for the claimant to file their workers’ compensation claim.

The injured worker can typically see any available doctor in an emergency, but they must notify their employer and receive approval. They must undergo a medical examination to qualify for medical expense benefits. If emergency care is denied, the employee can petition the North Carolina Industrial Commission for approval.

The employer and insurance carrier rely on the treating physician to assess the injury’s severity and expected recovery time. The length of treatment time is determined by the doctor, who also has great freedom in determining the right course of treatment for the worker.

What Does Workers’ Compensation Cover in North Carolina?

North Carolina workers’ compensation insurance covers a number of things, including medical care costs. It may also reimburse workers for time missed from work, which is done at a rate of two-thirds of an employee’s current income.

Disability benefits can be partial or complete. Partial disability means that there is a long-term limitation to the types of tasks a worker can perform. For example, a back injury may mean that someone can return to work, but they may not be able to lift heavy objects. Complete disability means a worker cannot work in any capacity.

Disability benefits come in four formats:

• Temporary partial disability benefits: The employee can work but not at full capacity, or they earn less than before the injury.
• Temporary total disability benefits: The employee cannot work at all until recovery but can resume previous duties.
• Permanent partial disability benefits: The injury prevents a worker from returning to their previous work but allows lower-paying jobs.
• Permanent total disability benefits: The injury prevents any future work.

Temporary benefits last up to 500 weeks, and they’re often based on the worker’s average weekly wage. Permanent benefits can be a lump sum or ratings-based and are determined by a disability rating assigned by a workers’ compensation doctor.

Do I Need an Attorney to File for Workers’ Compensation Benefits?

You do not have to have an attorney to file for workers’ compensation, but there are many benefits to doing so. Following a serious workplace injury, you likely have doctor visits and therapy sessions to attend. You may be wondering how you are going to pay for everything and whether your workers’ compensation claim will be denied.

By working with a reputable workers’ compensation law firm, you can have peace of mind as your lawyer begins handling the claim process on your behalf. Your personal injury attorney can file the paperwork for you and ensure deadlines are met.

In the unlikely but possible event that your claim is rejected, your lawyer can review the application and resubmit or appeal the decision as needed. Ultimately, a workers’ compensation lawyer can bring years of experience to your case, which can lead to a more favorable outcome.

FAQs

Q: How Long Does Workers’ Comp Last in North Carolina?

A: If your disability benefits are temporary, you may receive workers’ compensation payments for up to 500 weeks in North Carolina. However, if you recover sooner, you may return to work and stop receiving benefits at that time. A swift recovery could be beneficial, as you’ll only receive ⅔ of your weekly wages while on workers’ compensation. Insurance providers generally defer to medical doctors when it comes to treatment choices and treatment timelines.

Q: What Is the Workers’ Compensation Act in North Carolina?

A: The North Carolina Workers’ Compensation Act requires businesses with three or more employees to maintain workers’ compensation insurance. The purpose of this insurance is to pay for the costs incurred following a work-related injury. While the act is intended to protect workers’ rights, individual companies may try to deny compensation claims or undercut the settlement amounts that workers need to fully recover from their injuries.

Q: How Do You File Workers’ Comp in North Carolina?

A: You file a workers’ comp claim by submitting a claim to the Industrial Commission. They will process your claim, but your employer is required to provide you with the paperwork you need. To improve the chances that your claim is processed correctly and that you are fully compensated for your injuries, you should consider working with a workers’ compensation attorney who understands how the state’s workers’ comp system works.

Q: What Is the Waiting Period for Workers’ Compensation in North Carolina?

A: The seven-day waiting period for workers’ compensation in North Carolina means that disability benefits cannot be paid until seven days have elapsed. There are exceptions to this rule, so consult with your workers’ compensation attorney for details. Those who are disabled for over 21 days can then receive back payments for the first seven days. If your employer or insurance provider delays your compensation, you can work with an attorney to hold them accountable.

Schedule Your Statesville Workers’ Compensation Consultation Today

Workers at businesses with three or more employees have a right to workers’ compensation benefits. Unfortunately, some insurance providers and employers try to delay or minimize the settlement offers they make to injured workers. If you were recently hurt while on the job, you can protect your right to seek compensation for your injury by working with an experienced workers’ compensation attorney in Statesville.

At Law Office of Lyndon R. Helton, PLLC, we handle all types of workers’ compensation cases. In addition to Statesville, we serve Burke, Caldwell, and Catawba Counties. We take pride in helping people in our community receive the benefits that they need and deserve. File your workers’ compensation claim with confidence—contact our office today to schedule your consultation so we can review your case and file the necessary paperwork.