19Aug
Charlotte workers comp attorneys shake their heads when they hear people compare workers comp with a vacation. There’s nothing fun about being out on workers comp. Not only are you in pain, but you’ll also be spending a lot of time at the doctor’s office. On top of that, you won’t be earning your full salary. Most people can’t afford to be out of work for that long. Once your personal time is used up, you’re only going to receive a percentage of your normal wages. This is hardly something you would compare to a vacation.
One of the first things clients ask our Charlotte workers comp attorneys is how much they’ll get a week from workers comp. The truth is, until you’ve been approved, nobody can guarantee you’ll receive anything. You must be out of work for more than seven (7) days in order to collect benefits. This means you won’t get anything if you’re back to work within a few days. Of course, your medical care will be covered. But you’d have to use your accrued personal or sick time to cover the missed time.
If your workers’ comp claim is approved, you’ll receive two types of benefits. First, your medical care will be covered. You shouldn’t have to pay anything out of pocket if you were hurt on the job. This includes co-pays, prescriptions, and travel back and forth to treatment. The second type of benefits you’ll receive is weekly replacement wages. You’ll receive these until your case is resolved, and you go back to work. Since you’ll only be earning 2/3 of your average weekly wages, it’s in your best interest to get back to work as soon as possible. Most people can’t survive on just 2/3 of their normal wages.
In North Carolina, you can only collect workers’ comp benefits for 500 weeks. That comes out to be 9 or 10 years. After that, you won’t be entitled to any further benefits. You’ll either need to return to work or apply for permanent disability. Very few people ever collect benefits for the entire period. Your Charlotte workers comp attorney will have settled the matter long before then.
Ideally, your case will be resolved at some point in the first year or two. It may depend on how long you need medical care. If you’re still going to physical therapy after a year, your attorney may hold off on pushing for a settlement. You want to make sure you know what kind of future care you’ll need before you settle on a specific amount.
Finding out that your workers’ comp claim has been denied can be frustrating. You work for a company for years only to find out that they aren’t there for you when you need them. If you get hurt while on the job, it doesn’t seem fair to deny your claim. You feel you should be receiving benefits. Your Charlotte workers comp attorney may agree.
What they’ll do is reach out to your employer and find out their reason for denying you benefits. Depending on the reason, they may be able to negotiate payment with the insurance company. If they still insist that they won’t pay, you’ll have no choice but to pursue legal action.
One of the good things about meeting with a Charlotte workers comp attorney is that that first consultation is free. You can call our office and set up a date and time that works for you. Take the time to sit down with someone who knows the law and has handled cases like yours before. Your attorney will review your case and give you an idea of whether you have a case.
If your claim was denied, they can help you file an appeal. If your employer is demanding that you return to work too soon, your lawyer will find out why. Basically, your Charlotte workers comp attorney will handle the legal side of things while you focus on getting better. The consultation is free, and you don’t have to pay anything until your case is settled.
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