A work injury shouldn’t destroy your financial future. When you get hurt on the job in Gastonia, you need someone who understands both the medicine and the law behind your injury. At Dr. Ted Injury Law, we know exactly what you’re going through — and we’re ready to make things better.
At Dr. Ted Injury Law, our team brings unique knowledge to every workers’ compensation case. Our founder, Dr. Ted A. Greve, is a licensed chiropractor who now focuses entirely on practicing law. This medical background gives him insight into workplace injuries that many other attorneys simply don’t have. With more than 100 years of combined legal experience, we know how to get injured workers the benefits they deserve.
When you enlist our services, you won’t have to worry about how to afford a Gastonia, NC workers’ compensation lawyer. You’ll pay nothing unless we win. There are no upfront fees, hidden costs, or out-of-pocket expenses until we get your benefits approved.
Call the Lawyer Who’s Also a Doctor today for a free consultation about your on-the-job injury.
Why You Should Hire a Gastonia, NC Workers’ Compensation Attorney After a Job Injury
A Gastonia, NC workers’ compensation attorney protects your rights when the workers’ comp insurance carrier tries to deny, delay, or minimize your benefits. These insurance companies make billions in profits by paying injured workers as little as possible. They’ll send you to doctors who downplay your injuries, push you back to work too soon, and find any excuse to cut off your benefits. Without legal representation, you’re fighting alone against teams of adjusters and lawyers whose only goal is to save the insurance company money.
Working with Dr. Ted Injury Law changes everything. We handle every aspect of your workers’ compensation claim while you focus on healing. Our attorneys know the games insurance companies play; we’ve seen their tactics thousands of times and know exactly how to counter them.
Contact our law firm today to speak with a workers’ compensation attorney in Gastonia. Your consultation about your on-the-job injury is free and fully confidential.
What Does North Carolina Workers’ Compensation Cover?
North Carolina workers’ compensation provides several types of benefits to workers injured on the job. Understanding what you’re entitled to helps ensure you fight for everything you deserve.
Medical Costs
Medical benefits cover all necessary treatment for your workplace injury, including the following:
- Emergency care
- Surgeries
- Doctor appointments
- Physical therapy
- Prescription medications
- Medical equipment
The insurance company must pay these bills directly, so you shouldn’t pay anything out of pocket for approved treatment.
Wage Replacement
Wage replacement benefits equal two-thirds of your average weekly wage while you cannot work because of your injury. These payments continue as long as your doctor keeps you from returning to your job, though there are maximum amounts set by state law each year.
Disability Benefits
If your injury causes permanent problems, you may qualify for additional benefits. Permanent partial disability benefits compensate you for lasting impairment to body parts. Total disability benefits apply if you can never return to any type of work. Vocational rehabilitation helps retrain you for different work if you can’t return to your previous career.
Death Benefits
Death benefits provide financial support to families when a worker dies from a workplace injury. They cover funeral expenses and ongoing support for dependents.
Which Types of Workers Are and Aren’t Covered Under Workers’ Comp?
Most employees in North Carolina qualify for workmen’s comp coverage, but understanding who’s covered and who isn’t can prevent surprises if you’re injured.
Coverage applies to nearly all employees working for companies with three or more workers. This includes full-time employees, part-time workers, seasonal help, and even minors. Undocumented workers also qualify for benefits if injured on the job; your immigration status doesn’t affect your right to workers’ compensation.
However, certain workers don’t get coverage under North Carolina law, including the following:
- Independent contractors are not employees, so they must carry their own insurance.
- Farm workers are not covered unless the farm employs 10 or more full-time workers year-round.
- Domestic workers in private homes, such as housekeepers or caregivers, are exempt.
- Casual employees hired for irregular, temporary tasks unrelated to the employer’s business do not qualify for workers’ comp.
- Federal employees are covered under federal programs instead.
- Railroad workers fall under federal railroad injury laws.
Business owners and corporate officers can opt out of coverage for themselves, though they still count toward the three-employee minimum for coverage requirements.
What Are Common Types and Causes of Workplace Injuries in North Carolina?
Different industries face different hazards, but certain dangers exist across all workplaces, such as the following:
- Falls are among the leading causes of workplace injuries, whether from heights like scaffolding and ladders or same-level falls on slippery floors. These accidents cause broken bones, head trauma, and back injuries requiring extensive treatment.
- Heavy machinery poses serious risks in manufacturing, construction, and warehouse settings. Workers can get caught in equipment, struck by moving parts, or crushed between machines, often suffering amputations, severe lacerations, or fatal injuries.
- Car accidents affect anyone who drives for work, including delivery drivers, sales representatives, and construction workers traveling between sites. These crashes cause everything from whiplash to catastrophic injuries like paralysis.
- Overexertion injuries develop from lifting, pushing, pulling, or carrying heavy objects without proper equipment or assistance. These injuries often affect the back, causing herniated discs, torn muscles, and chronic pain that limits your ability to work.
- Repetitive stress injuries build up over months or years of performing the same motions. Carpal tunnel syndrome, tendonitis, and chronic back problems often result from repetitive work without proper ergonomics or rest breaks.
What Kinds of Workers Are Frequently Injured on the Job?
Certain occupations face higher injury risks due to the nature of their work, including the following:
- Manufacturing workers
- Healthcare workers
- Construction workers
- Warehouse and distribution workers
- Restaurant workers
- Transportation workers, including truckers and delivery drivers
- Retail workers
Why Would My Workers’ Compensation Claim Be Denied?
Insurance companies look for any reason to deny your claim and save money. Common denial reasons include the following:
- Your injury didn’t happen at work or it occurred while doing something outside your job duties.
- You were horsing around, violating safety rules, or engaged in misconduct when injured.
- You missed a deadline (you must report injuries within 30 days and file claims within two years).
- Your claim stems from a pre-existing condition.
- You were under the influence of drugs or alcohol.
- You provided incomplete medical documentation.
- You’re exaggerating your symptoms.
- Your injury isn’t severe enough to prevent working.
What Can I Do if My Workers’ Compensation Claim Is Denied?
A denial letter doesn’t end your fight for benefits. A workers’ compensation appeal can overturn the insurance company’s decision and get you the benefits you deserve. The following are the steps you should take:
- Carefully review the denial letter to understand their reasoning.
- Pay attention to deadlines. Missing appeal deadlines permanently destroys your right to benefits.
- Gather evidence that contradicts the denial reason.
- File Form 33 with the North Carolina Industrial Commission to request a hearing.
- Hire a workers’ compensation lawyer in Gastonia, NC.
What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?
These two types of claims serve different purposes and follow different rules, though both might apply to the same workplace accident.
- A workers’ compensation claim seeks benefits from your employer’s insurance for workplace injuries. You don’t need to prove anyone did anything wrong, just that you got hurt at work. Benefits include medical treatment and partial wage replacement, but not pain and suffering damages.
- A third-party claim isn’t a workers’ compensation lawsuit. It’s a regular personal injury lawsuit against someone other than your employer who caused your injury. These claims require proving negligence but can result in much larger compensation, including full lost wages, pain and suffering, and punitive damages.
Can I File a Third-Party Claim While Receiving Workers’ Compensation?
You can pursue both claims simultaneously when someone besides your employer caused your workplace injury. Our attorneys handle both types of claims and understand how to maximize your total recovery. We can structure settlements to secure as much money as possible for you.
Can I Sue My Employer for a Work Injury?
Generally, workers’ compensation is the only available remedy against your employer, meaning you can’t file a separate lawsuit for workplace injuries. This trade-off guarantees benefits without proving fault while protecting employers from lawsuits.
Exceptions exist in limited circumstances. Suppose your employer intentionally injured you or knew their actions would almost certainly cause serious injury or death. In that case, you might have grounds for a lawsuit. Employers who don’t carry required workers’ compensation insurance also lose this protection, allowing injured workers to sue directly.
Retaliation claims provide another avenue for legal action. If your employer fires you, cuts your hours, or otherwise punishes you for filing a workers’ compensation claim, that violates North Carolina law and creates additional legal rights beyond workers’ compensation.
What Are Common Third-Party Work Injury Cases?
Many workplace injuries involve potential third-party claims that can significantly increase your total compensation. They include the following:
- Vehicle crashes while driving for work, where another driver was at fault
- Defective equipment or machinery that malfunctions and causes injury
- Slip-and-fall accidents while making deliveries or visiting clients’ properties
- Construction site injuries caused by other contractors or subcontractors
- Toxic exposure from chemicals or materials manufactured by outside companies
- Assaults by customers, patients, or other non-employees
Contact a Workers’ Comp Lawyer in Gastonia, NC Today
Don’t let the insurance company push you around after your workplace injury. When you apply for workers’ compensation, you deserve someone who understands both your injuries and your rights.
At Dr. Ted Injury Law, we combine medical understanding with legal excellence to fight for the maximum benefits you deserve.
Our team knows how to handle insurance companies, appeal denied claims, and get you the medical treatment and wage benefits you need. Call Dr. Ted today for a free, no-obligation consultation. There are no out-of-pocket costs for us to get started on your case, and you pay nothing unless we successfully recover your workers’ comp benefits.
Don’t be misled — call Dr. Ted!