Charlotte Workers’ Compensation Lawyer
Most workers in North Carolina are covered by workers’ compensation insurance. However, that does not guarantee you will receive the benefits you deserve if you are injured at work.
You may need to fight for benefits after a work-related injury in Charlotte, NC. If so, you want an experienced team of lawyers to fight for your right to be treated fairly.
Our Charlotte workers’ compensation lawyers have over 32 years of combined experience representing the rights and best interests of injured individuals. Since opening Chandler | Volta Personal Injury Lawyers, our legal team has recovered over $35 million for our clients. We are aggressive negotiators and fierce trial lawyers who have one goal – to obtain the best possible outcome in your workers’ compensation case.
Contact Chandler | Volta Personal Injury Lawyers to schedule your free consultation with an experienced Charlotte workers’ compensation attorney.
How Our Charlotte Personal Injury Lawyers Can Help You with a Workers’ Compensation Claim
Are you worried you are not receiving the medical treatment you need after a work injury? Is the insurance company denying your claim for disability payments? Do you have questions about an impairment rating after reaching maximum medical improvement?
If so, our Charlotte workers’ compensation lawyers at Chandler | Volta Personal Injury Lawyers are here to help. We understand that a work-related injury can be a traumatic experience. It is understandable that you have questions and are worried about the future.
Our top-rated North Carolina personal injury lawyers are members of the Million Dollar Advocates Forum. We have received awards and recognition for our legal services and dedication to clients from leading legal organizations. We are recognized by Business North Carolina’s Legal Elite, The National Trial Lawyers Top 100, and Super Lawyers.
When you hire our top-rated Charlotte workers’ compensation lawyers, we’ll handle all matters related to your work injury claim, including:
- Investigate the cause of your work injury to determine your legal options, including filing a workers’ comp claim and a third-party claim
- Gather documentation and evidence proving your injury was sustained on the job
- Explain the workers’ comp benefits you are entitled to receive and work to get those benefits started as soon as possible
- Work with medical specialists and leading expert witnesses to build a solid case
- Prepare and file all documents for a workers’ comp case and handle all matters related to the claim
- File appeals and argue to have your claim approved
- Take your case to court if that is necessary to protect your right to fair compensation for an injury at work
You could have more than one option for compensation after a workplace accident. Our lawyers will explore all options and pursue all sources of recovery to put as much money in your pocket as possible.
Call Chandler | Volta Personal Injury Lawyers today to schedule a free case evaluation with an experienced workers’ compensation lawyer in Charlotte, North Carolina.
What Is Workers’ Compensation Coverage in Charlotte, NC?
Workers’ compensation laws protect injured workers by providing medical treatment and other benefits. Workers’ comp is a form of no-fault insurance. To receive workers’ comp benefits, an injured worker is not required to have evidence proving their employer was at fault or negligent in causing their injury.
Furthermore, contributory fault generally does not apply in workers’ comp cases. A worker can receive full benefits even though they may have contributed to the cause of their work injury.
The benefits you can receive in a workers’ compensation claim in North Carolina include:
Medical Benefits
Workers’ comp covers the cost of necessary and reasonable medical treatment if you are injured at work. However, your employer or its insurance provider has the right to choose your doctor. You can petition the Industrial Commission to change physicians if you can prove sufficient grounds for the request.
Employees who require emergency medical treatment may obtain the necessary treatment from a provider they choose if their employer fails or refuses to provide options. However, the worker must request prompt approval from the Industrial Commission for the medical bills to be covered by workers’ compensation. If your request is not approved, you are liable for the cost of the care.
Lost Wage Benefits
You might receive compensation for your lost income if you cannot work because of a work injury. Lost wage benefits are referred to as Temporary Total Disability (TTD) or Temporary Partial Disability (TPD). You do not receive disability payments for the first seven days you are out of work unless your disability exceeds 21 days.
Weekly disability payments equal about two-thirds of your average weekly wages. However, there is a maximum weekly benefit amount that is updated each year. For example, effective January 1, 2023, the maximum weekly workers’ comp benefit is $1,254 for injuries sustained on or after January 1, 2023.
Permanent Disability Payments
If you sustain a permanent impairment or disability, you could receive Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. These benefits are paid based on the impairment rating by physicians and/or evidence related to your future earning capacity, given the limitations caused by the work injury.
What Should I Do After a Workplace Injury in Charlotte, NC?
Notify your employer or supervisor of your injury as soon as possible. Legally, you have 30 days to notify your employer. However, immediate notification is best because you can receive workers’ comp benefits sooner.
You need to seek medical treatment for your injuries. By law, you have up to two years from the injury date to file a written workers’ comp claim. However, sooner is often better than later.
What Injuries Are Covered by Workers’ Compensation Insurance in North Carolina?
Workers’ compensation coverage applies to most injuries sustained on the job. Coverage also applies if you develop a work-related illness or medical condition because of your working conditions. However, workers’ compensation does not cover injuries that are self-inflicted or caused when the worker is intoxicated or under the influence of drugs.
North Carolina worker’s compensation laws state the injury must “arise out of” and in the “course of employment.” Arising out of means there is a causal connection between your injury and your employment. In the course of employment refers to the place, time, and circumstances under which a workplace injury occurs.
Workers’ compensation covers many injuries that occur on your employer’s premises. However, there are a few exceptions. If your injury occurred before you clocked in, after you clocked out, or during a lunch or rest break, the court might look closely at the application of the “arising out of” and “course of employment” requirements.
Even if you are not technically on the job or doing something in the ordinary course of your employment, the injury may be covered by workers’ comp if it occurred on the employer’s premises. This legal concept is known as the premises exception.
If your employer sends you on an errand, the special errand exception might apply so workers’ comp covers the injury. The transportation exception might extend worker’s comp coverage if the employer arranges transportation or compensates the employee for travel to and from work.
Determining whether workers’ compensation covers your injury can be confusing. Our Charlotte workers’ compensation lawyers will carefully analyze the facts and circumstances of your case. We’ll use the law and the facts of your case to determine if you are entitled to workers’ compensation benefits.
When Should I Consult an Experienced North Carolina Workers’ Compensation Lawyer?
You are not required to hire a Charlotte workers’ compensation lawyer. However, just because the law does not require you to hire a lawyer, it doesn’t mean you don’t need an attorney.
Unfortunately, your employer may not be on your side or looking out for your best interest. An insurance adjuster works for the insurance company to protect its best interest. Even physicians who should have their patient’s best interests at heart might not always be objective.
Hiring a Charlotte workers’ compensation attorney ensures you have someone on your side who only has your best interests as their priority. Knowing when to call a workers’ comp attorney can be difficult.
Situations and issues that indicate you may need a workers’ compensation lawyer in Charlotte include, but are not limited to:
- Your employer refuses to report your injury to its workers’ comp insurance company.
- You are being forced to return to work even though the doctor has not said you can return to work or you are not ready to return to work.
- Your workers’ compensation benefits are not arriving consistently or on time.
- The workers’ compensation insurance company denied your claim or stopped benefits, and you do not understand why.
- Your employer fires you or retaliates against you for filing a workers’ comp claim.
- Your employer denies responsibility for your workplace illness or injury.
- You are unhappy with the medical provider selected by your employer or its workers’ comp insurance company, and you want another doctor or a second opinion.
- You returned to work, but your work-related injury makes it impossible for you to continue working.
You may need a Charlotte workers’ compensation lawyer for many reasons. If you are unsure whether you need an attorney, call Chandler | Volta Personal Injury Lawyers for a free consultation.
Schedule a Free Consultation With Our Charlotte Workers’ Compensation Lawyers
A work injury can turn your life upside down. It can also have long-term consequences for your physical and emotional health. If you were injured on the job, call Chandler | Volta Personal Injury Lawyers to request a free case review with an experienced Charlotte workers’ compensation attorney.