If you are injured at work, workers’ compensation insurance is likely to be your primary recovery option for medical expenses and lost income if you cannot work while you recover. The following workers’ comp settlement tips in North Carolina can help you navigate the claim filing process efficiently and increase your chance of maximizing your recovery.
Workers’ Comp Settlement Tips in North Carolina
Workers’ compensation insurance exists to provide financial relief to injured workers in North Carolina, paying for the medical care they need after an injury on the job and providing disability benefits during the time they are unable to work while they recover. Filing a claim for workers’ compensation benefits is similar to what you could expect from most other types of insurance claims, with a few notable exceptions.
While the North Carolina Department of Labor reports that the state’s workplace injury rate has been at a historic low compared to the national average, with two cases per 100 full-time workers in 2023, people are injured at work every day throughout the state in various ways. Every worker in North Carolina needs to know their rights when it comes to claiming benefits and the value of having experienced legal counsel on their side.
Most regular employees in North Carolina are eligible to claim workers’ compensation benefits as long as they are hurt while working or if they develop injuries over time due to their job duties, such as a back, knee, or shoulder injury. If you have been hurt at work, it’s a good idea to consult a workers’ compensation attorney at your first opportunity.
Filing Your Workers’ Compensation Claim in North Carolina
It’s important to report your workplace injury to your employer immediately. If you do not report the injury right away, you could be disqualified from benefits. Once you have notified your employer of the injury, you should hire a Gastonia workers’ compensation attorney to help you. Your attorney can explain what to expect from the claim filing process, and they will be ready to address any disputes you encounter from your employer and/or their insurance carrier.
After submitting your claim, you will likely need to undergo a functional capacity evaluation before the insurance company offers a settlement. If you disagree with the results of your functional capacity evaluation for any reason, your attorney may be able to help you secure a second opinion. The insurance company will deliver its settlement offer, and your Gastonia workers’ compensation attorney can advise you as to whether the offer is fair and reasonable.
You may have additional avenues of recovery available to you that could enhance your overall recovery. For example, if a third party caused your injury, you may not only qualify to file a workers’ compensation claim through your employer, but you could also have grounds to file a third-party personal injury suit. This would allow you to claim compensation for damages that workers’ compensation insurance won’t cover, such as your pain and suffering.
One of the most important workers’ comp settlement tips in North Carolina is hiring legal counsel you trust. Even if your case seems straightforward, the reality is that you have a better chance of reaching a positive outcome in your case with legal counsel on your side.
FAQs
Q: Do I Need to Hire a Lawyer to File a Workers’ Compensation Claim in North Carolina?
A: It’s a good idea to hire a lawyer to help you file a workers’ compensation claim in North Carolina. This process may appear straightforward at first, but you could encounter various challenges that you will not know how to resolve on your own. Having an attorney help you with this process increases your chances of success, and you will be more likely to maximize your benefits with their assistance.
Q: How Much Can I Receive Out of a Workers’ Compensation Settlement?
A: The amount you can receive out of a workers’ compensation settlement largely depends on the severity of your injuries and whether you suffered any permanent harm. A successful workers’ compensation claim can yield full coverage of all medical expenses for your injury, and you can also receive compensation for the income you are unable to earn while you recover. Your benefits will vary based on your disability rating.
Q: What Is a Functional Capacity Evaluation?
A: A functional capacity evaluation is a medical examination conducted by a physician approved by your workers’ compensation doctor. During this evaluation, the doctor assesses the severity of your injury and assigns you a disability rating. This rating will determine what level of disability benefits you can receive from the insurance company. The higher your rating, the more you are likely to receive from your workers’ compensation settlement.
Q: Can I File a Workers’ Compensation Claim if I Caused My Own Injury?
A: Yes, you can still file a workers’ compensation claim if you caused your own injury, as this insurance functions on a no-fault basis in North Carolina. However, you could be disqualified from benefits if you caused your own injury because you intentionally violated workplace safety regulations or if you were working while under the influence of drugs or alcohol.
Q: Can I Sue My Employer for a Workplace Injury in North Carolina?
A: You typically cannot sue your employer for a workplace injury in North Carolina if they have workers’ compensation insurance. This insurance protects the employer from civil liability for an injured worker’s damages and is meant to function as the sole remedy for the injured worker’s damages. However, if your employer does not have insurance or if a third party caused your injury, then you may have grounds to file a civil claim.
The attorneys at Bridgman Gantt Law Offices can help you maximize your benefits from a workers’ compensation settlement in North Carolina. We have more than 60 combined years of experience helping injured workers with their workers’ compensation claims and other legal proceedings following injuries at work, and we look forward to helping with your case. Contact us today to schedule a free consultation with our team and learn how we can help.
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