If you have been injured on the job, you may be entitled to workers’ compensation benefits!
Generally, a North Carolina business with three or more employees is required to carry workers’ compensation insurance. The insurance is intended to protect both you and your employer by providing medical treatment, replacement for lost income and compensation in the case of partial or total disability. If your injury occurred at work, during work related activities, and if it was due to an accident or specific traumatic event, you are entitled to workers’ compensation benefits.
However, for every rule, there is an exception. The same is true for the workers’ compensation. Handling a workers’ compensation claim in North Carolina may be a daunting task. If you started the process of obtaining workers’ compensation benefits, you may have already discovered how difficult and confusing the process is. This is especially true when you are dealing with physical injuries and pain. To make things even more difficult, an insurance adjuster in control of your treatment and benefits is not on your side. The adjuster is working for insurance company with the goal of minimizing the company’s financial exposure in your claim. Not surprisingly, an injured worker faces a lot of questions and issues:
Is my claim going to be accepted or denied?
The Workers’ Compensation laws cover injuries that result from an accident arising out of and in the course of employment. The issue of fault or negligence does not matter in workers’ compensation! Your immigration status does not matter – your claim cannot be denied based on your immigration status! However, the laws are written in a way that leave room for interpretation and offer numerous exceptions. An experienced adjuster is provided with an ample opportunity to deny your claim outright, leaving you without medical treatment and financial benefits.
Will I receive all necessary medical treatment?
The scope of your treatment is not only dependent on whether your claim was accepted or denied, but also on the precise nature of accepted injuries. It is not uncommon for an adjuster to accept only some of injuries while denying or simply ignoring the rest, forcing you to fight for your treatment.
Am I receiving the correct amount of weekly benefits?
The amount of Temporary Total Disability (TTD) payment in workers’ comp in North Carolina is 2/3rds of the employee’s Average Weekly Wage. However, the average weekly wage amount needs to be carefully calculated following the rules. The situation can be complicated if you receive per diem or if your employer disguises a portion of regular hourly earnings as per diem.
What if my injury will not allow me to perform my previous job?
The Workers’ Compensation laws provide various options. You may be eligible for vocational rehabilitation services and training that will help you find a suitable job or start a career in a new field. If a new employment results in reduction in salary, you may be eligible for Permanent Partial Disability benefits. No two workers’ compensation claims are alike – it is important to analyze your particular situation to maximize your benefits!
Above is just a small sample of the issues that you may face.
There are many more. You’re your physical therapy or radiological testing been approved? Do you have transportation to your medical appointments? Would you like to have a second opinion? Are you receiving your weekly checks on time? Are you getting paid the correct amount of benefits? Are you being harassed at work for filing a workers’ compensation claim?
Let An Experienced Workers’ Compensation Lawyer Help You
It is in the insurance companies’ best interest to pay you the least amount possible. They have experienced claim adjusters working on their behalf and often hire legal representation. It appears, the Workers’ Compensation laws are designed to favor employers and their insurers, not you.
Why wait until things go wrong Why not let an experienced Workers’ Comp lawyer handle your claim to make sure you receive all the benefits to which you are entitled to? At Volkov Law Firm, PPLC we have knowledge, experience and dedication to achieve the best possible outcome. Denis is recognized as a Board-Certified Specialist in Workers’ Compensation law by the North Carolina Board of Legal Specialization.
If you have questions about filing a work injury claim, if your claim has been denied, or you need legal representation to fight for the benefits and we will help you. Schedule your free workers’ compensation consultation today by calling (336) 609-3400!