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Work Accidents, Disability, Workers’ Comp, & More
Workplace accidents and injuries can take many different forms, with some of them involving a one-time event and others involving a condition that develops over time from stress or from exposure to another harmful factor. The defining feature, of course, is that a work injury or illness is suffered on the job or as a result of the job.
If you were hurt on the job or as a result of your work, your employer or its insurance company may challenge the validity of your injury claim – the company may assert that the injury actually happened off the job or say that a condition was really a pre-existing one. If you are facing this type of opposition or if you are just starting to consider your options, consulting an experienced lawyer can help you decide what to do next. Contact us for guidance with your case.
Should I Hire an Attorney for My Workers Compensation Claim?
Our team of experienced workers’ compensation attorneys are we well versed in this area of the law, and are advocates on your side. Fighting for your best interest at all times, our firm can help with any workers’ compensation claim, but particularly those who:
- Have a preexisting condition
- Claim has been denied
- Permanent disability rating is in question
- Have a workers’ compensation hearing
- Have already received other government benefits
Common Causes of Workplace Injuries in NC
Our attorneys are experienced with a wide variety of workplace injuries, including:
- Construction accidents
- Shipping accidents or exposure to biohazards in the shipping industry
- Premises injuries, including those involving dangerous work environments
- Accidents or exposure at nuclear plants and other energy facilities
- Injuries on movie and TV sets
- Manufacturing accidents or repetitive stress injuries
- Trucking accidents or stress injuries
Common Workers Compensation Injuries
Common workers compensation injuries include:
- Back and neck injuries
- Broken bones
- Carpal tunnel syndrome
- Chemical burns
- Crushed limbs or digits
- Disfigurement
- Head trauma
- Lacerations
- Loss of limbs or digits
- Lung disease
- Spinal cord injuries
- Vision or hearing damage
If the worker succumbs to their injuries, workers compensation may also provide benefits to surviving family members.
Wilmington Fatal Injury Cases
No one goes to work expecting to be killed. But nationally, several thousand workers every year are killed on the job in accidents or due to workplace illnesses. According to the federal Bureau of Labor Statistics, there were 5,147 such deaths in 2017.
Many of those deaths occur in the construction industry. Indeed, about 1 in 5 of the workplace fatalities in private industry is the result of a construction accident. Many of these accidents involve falls on construction sites. Other causes of death at work include electrocutions, motor vehicle accidents, and acts of violence.
When a close relative dies in a work accident, the emotional and financial shocks are like an earthquake. You no doubt remember vividly the last time you saw the person you have lost – and may be haunted by that memory.
Emotional healing can only come with time. In the short term, however, it makes sense to focus on what you need to do to move forward. And one useful step is to get a better understanding of your legal options for seeking financial compensation from the party or parties responsible for the workplace death.
Within North Carolina, Workers’ Compensation Rule 409 extends death benefits to close family members if the employer accepts liability for a fatal injury or occupational disease. This can include scenarios where an employee was directly killed due to a construction accident or if the employee has a heart attack at work that was caused by extreme conditions and stress. In the case of occupational diseases, an employee’s family can receive benefits if the disease has caused a disability that will ultimately lead to death.
When filing for workers’ compensation for a fatal injury or occupational disease, it is important to understand how long you have to make a claim. The death must have occurred 6 years after the work injury or when the disease has caused a disability, or 2 years after a worker has developed a disability and has settled a workers’ compensation claim for the disability.
Even if an employee refuses to accept liability and denies workers’ compensation for death benefits, family members may still file a wrongful death claim. This claim may cover all aspects related to the employee’s death, including:
- Medical costs and treatments after a workplace injury and leading up to the death
- Funeral expenses
- Loss of income
- Compensation for the family’s pain and suffering
- Compensation for any assistance the worker provided the family
Within North Carolina, all wrongful death claims must be filed within 2 years of the employee’s death. While it may be difficult emotionally to move forward with a claim, it is important to speak to an attorney as soon as possible. Filing the claim early can ensure that critical evidence is found and preserved immediately, and witness statements are recorded while the event is still fresh in their minds. This evidence will be paramount to establishing negligence and ensuring you receive a fair deal.
Workers Compensation Benefits
Benefits are paid to injured workers based on temporary or permanent disability or partial or total disability.
Temporary Total Disability payments are based on two-thirds of the worker’s average weekly wage and may last up to 500 weeks. If an employee can return to work but not perform the same tasks as they did prior to the accident, they may receive Temporary Partial Disability payments, with two-thirds of the difference between their current and former wages paid for up to 500 weeks.
With Permanent Total Disability, the worker may receive payments for life. However, the doctor determines the percentage of impairment and the subsequent rating. Do not accept a rating payment without consulting a workers compensation attorney.
Time Limit for Filing a Workers Compensation Claim
In North Carolina, an injured worker has two years from the date of the injury in which to file a workers compensation claim. After accepting a rating payment regarding your medical condition, you generally have two years to challenge this condition claim with the NCIC.
How Long Does It Take to Receive Benefits?
You should receive benefits starting seven days after the injury.
If you must negotiate your claim, you are more likely to experience a favorable outcome with a lawyer representing you, as you will otherwise have to negotiate with your employer’s insurance company on your own.
When permanent disability is the likely result of your injury or illness, your workers comp settlement is tied to when you reach maximum medical improvement. That means the point at which additional treatment will not improve your condition. The authorized physician determines when a patient reaches maximum medical improvement.
How Our Workers Compensation Lawyers Can Help
The workers compensation process is often hard to navigate. That is especially true if your claim is complicated. Perhaps your employer is denying that your injury occurred while on the job, or alleging your injury is not as serious as you maintain. You need the assistance of a seasoned Wilmington workers compensation lawyer to help you receive the benefits you deserve.
At Rhine Law Firm, we will prepare and file your claim, review your medical records and other crucial information, and negotiate with your employer’s insurer. We will help you with any hearings before the NCIC.
Third-Party Personal Injury Claims
In some situations, liability may not be with an employer, but a separate individual or corporation, and we pursue claims against third parties who are also at fault. This can include incidents where you are driving a work vehicle and are hit by another driver or construction equipment malfunctions as a result of faulty manufacturing.
These claims are complicated and even when you recover, you will have to deal with a claim from the workers’ compensation carrier and your employer for amounts that they have paid for your medical treatment and other benefits.
In these instances, North Carolina has a statutory procedure to limit this reimbursement, and in some instances completely defeat the lien. In order to accomplish a full recovery, we help our clients deal with the liens and claims for reimbursement and go to court to enforce their rights.
Our Promise to You
Contact Our Workers Compensation Lawyers
If you were seriously injured while on the job and have been denied workers compensation benefits, contact an experienced personal injury attorney at Rhine Law Firm. Schedule a free, no-obligation consultation today. Our track record in representing workers compensation claims speaks for itself. There are no fees unless you win.
Workers’ Compensation Cases
In some situations, workers’ compensation insurance will (or should) cover an injury or illness, providing for lost income and medical treatment on a temporary or permanent basis, depending on the situation. If you have a legitimate workers’ compensation claim or if you have had a claim denied, our attorneys can help you plan your next steps.
Additional Information
- Third Party Claims: Workplace Injuries
- Workers’ Comp Options For Asbestos Exposure Victims
- Construction Workers’ Rights in North Carolina
- Occupational Safety and Health Administration
- North Carolina Industrial Commission
We are proud to serve the people of North Carolina.
Although our primary office location is in Wilmington, North Carolina we represent clients nationally and across the state of North Carolina. Some of the many areas we serve are listed below.
Contact a Qualified Wilmington Work Accident Attorney
In some situations, workers’ compensation insurance will (or should) cover an injury or illness, providing for lost income and medical treatment on a temporary or permanent basis, depending on the situation. If you have a legitimate workers’ compensation claim or if you have had a claim denied, our attorneys can help you plan your next steps.
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