Getting hurt at work doesn’t just cause physical pain; it causes pain in every area of your life. You have medical bills piling up with little to no money to pay them, because you need to miss work to heal. At Dr. Ted Injury Law, we know exactly what you’re going through — and we know how to help.
Our founder, Dr. Ted A. Greve, brings unique medical insight to every workers’ compensation claim because he’s a licensed chiropractor. Although Dr. Ted only practices law, his medical training gives him a thorough understanding of your work injury. Best of all, you pay nothing unless we win your case. That means no out-of-pocket fees until we get you the benefits and compensation you deserve.
Call the Lawyer Who’s Also a Doctor for your free, no-obligation consultation with a Charlotte workers’ compensation lawyer.
Why You Should Hire a Charlotte Workers’ Compensation Attorney After a Job Injury
A Charlotte workers’ compensation attorney from Dr. Ted Injury Law can protect you from insurance companies that care more about profits than your recovery. Workers’ comp insurance companies have one goal: paying you as little as possible. If nobody holds them accountable, they’ll deny valid claims, delay your benefits, and pressure you to return to work before you’re ready.
Dr. Ted and our experienced attorneys know how to level the playing field. With over 100 years of combined experience, we are familiar with the tricks insurers use and won’t let them push you around. We’ll handle all the paperwork, deadlines, and negotiations while you focus on getting better. Dr. Ted’s medical background means he understands how injuries heal, what treatment you’ll need, and how your injury affects your ability to work both now and in the future.
Contact our law firm today to speak with a workers’ compensation attorney in Charlotte. Your consultation about your on-the-job injury is free and fully confidential.
What Does North Carolina Workers’ Compensation Cover?
North Carolina workers’ comp covers several types of benefits when you get hurt on the job, including the following:
- Medical treatment comes first. The insurance must pay for all reasonable and necessary medical care related to your injury. Coverage includes doctor visits, surgeries, hospital stays, physical therapy, medications, and equipment like crutches or wheelchairs.
- Lost wage benefits replace part of your income while you can’t work. You’ll receive two-thirds of your average weekly wage (though there’s a maximum amount set by state law each year). These payments continue as long as your doctor says you can’t work because of your injury.
- Permanent disability benefits apply when your injury causes lasting problems. If you can never return to your old job, you may qualify for vocational rehabilitation to learn new skills.
- In the worst cases, when a worker dies from a job injury, their family can receive death benefits, including funeral expenses and ongoing financial support.
Which Types of Workers Are and Aren’t Covered Under Workers’ Comp?
Workers’ comp covers most employees in North Carolina if their employer has three or more workers. Full-time, part-time, and seasonal workers all qualify for coverage. Even undocumented workers and minors can receive benefits if they get hurt on the job.
However, some workers don’t get coverage, including the following:
- Agricultural workers (unless the farm has 10 or more full-time employees)
- Domestic workers in private homes
- Casual employees who don’t work regular hours
- Independent contractors, because they’re not considered employees
Corporate officers can choose to exclude themselves from coverage, though they still count toward the three-employee minimum.
Federal employees fall outside state workers’ comp coverage, and railroad workers also get coverage under federal law instead of state workers’ compensation.
What Are Common Types and Causes of Workplace Injuries in North Carolina?
How work accidents occur varies by industry, but certain dangers exist across all workplaces, such as the following:
- Falls are the leading cause of workplace injuries, whether from ladders, scaffolding, roofs, or simply slipping on wet floors. These accidents can cause broken bones, head injuries, and back problems that take months to heal.
- Heavy machinery creates serious risks in factories, construction sites, and warehouses. Workers can get caught in equipment, struck by moving parts, or crushed between machines. These accidents often cause amputations, severe cuts, or fatal injuries.
- Car accidents affect workers who drive for their jobs, such as delivery drivers, salespeople, truckers, and anyone traveling between job sites. These crashes can cause whiplash, broken bones, traumatic brain injuries, and spinal cord damage.
- Repetitive motion injuries develop over time from performing the same movements repeatedly. Years of repetitive work often result in injuries such as carpal tunnel syndrome, tendonitis, and back injuries.
- Lifting injuries happen when workers move heavy objects without proper equipment or help, causing herniated discs and torn muscles.
Why Would My Workers’ Compensation Claim Be Denied?
Insurance companies look for any reason to deny your workers’ compensation case. They might do any of the following when reviewing your claim:
- Argue that your injury didn’t happen at work or that you were doing something outside your job duties when you got hurt
- Deny your claim because you missed deadlines (you must report your injury within 30 days and file your claim within two years)
- Argue that your injury was from a pre-existing condition
- Cite violations of safety rules, even if the violation didn’t cause your injury
- Deny your claim because you tested positive for drugs or alcohol, even if impairment didn’t contribute to the accident
What Can I Do if My Workers’ Compensation Claim Is Denied?
Don’t give up if your claim gets denied. A workers’ compensation appeal can overturn the insurance company’s decision. First, read the denial letter carefully to understand their reasoning. You have specific deadlines to appeal, so act quickly or lose your rights forever.
Next, be sure to gather evidence that contradicts the reason for the denial. Get statements from witnesses, collect medical records, and document everything about your injury and work duties. File Form 33 with the North Carolina Industrial Commission to request a hearing, where you can present your case to a deputy commissioner.
Finally, hire a workers’ compensation lawyer in Charlotte. Doing so can dramatically improve your chances on appeal. We at Dr. Ted Injury Law know what kind of evidence wins cases and how to present it effectively. We’ll handle the legal arguments while you focus on your health.
What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?
A workers’ compensation claim seeks benefits from your employer’s insurance after you get hurt at work. A third-party claim is a regular personal injury lawsuit against someone other than your employer who caused your injury. These two types of claims work somewhat differently and can sometimes both apply to the same accident.
Workers’ comp pays benefits regardless of who was at fault, so you don’t have to prove your employer did anything wrong. Third-party claims require you to prove that someone else caused the accident that harmed you. However, a third-party lawsuit can result in much larger compensation, including full lost wages and pain and suffering, which workers’ comp doesn’t cover.
Can I File a Third-Party Claim While Receiving Workers’ Compensation?
You can indeed pursue both types of claims at the same time when someone besides your employer caused your work injury. However, if you get a third-party settlement, the workers’ comp insurance company has a right to claim repayment for benefits they’ve already paid you.
This gets complicated quickly, and mistakes can cost you thousands of dollars. At Dr. Ted Injury Law, our attorneys have experience handling both workers’ comp and third-party types of claims. With a track record of success, we know how to maximize your total recovery while satisfying the insurance company’s reimbursement rights.
