A workplace injury can negatively impact your life since it can affect your job performance. You can even lose your job because of the injuries you suffered in the accident. It is even hard and expensive to recover from some workplace injuries. You can file a workers’ compensation claim to get the medical care you need and recover damages for your injuries.
However, insurance companies and employees want to save money. It also takes time and energy to build a comprehensive workplace accident case. That is why you need to hire a Statesville workers’ compensation lawyer to help you build a strong workplace accident case. It is cheap to hire an attorney since you will only pay if you win.
If you are injured in a workplace accident in Statesville, NC, do not hesitate to contact our workers’ compensation lawyers. At Waple & Houk PLLC, we handle tough workplace accident cases. Our experienced and skilled workers’ compensation lawyers are committed to fighting for your rights. Call our office near Statesville today at (704)954-8697 for a FREE consultation.
What Is Workers Compensation?
North Carolina workers’ compensation is designed to help employees get compensation for their injuries after getting injured in a workplace accident. Therefore, the law provides benefits to employees who get sick or injured because of their job. That is why the employees need to know their rights.
If you get hurt in a workplace accident in North Carolina, here are some of the things you are entitled to:
- Medical treatment, such as hospital stays and medications. The insurer of the employer pays for the medical treatment.
- Physical therapy
- The necessary travel expenses
What Should I Do If I’m Hurt on the Job?
If you are hurt on the job, you need to report the accident immediately. It is easy for some employees to ignore their injuries, especially if they are minor injuries. You have 30 days to report the workplace accident to your employees. It is better to report a workplace accident if you plan to claim a workers’ compensation claim.
Here are some of the things you need to do if you are hurt on the job:
Tell Your Employer You Are Injured
Once you get injured in your workplace, tell your manager or boss you are injured immediately. Do not ignore a workplace accident, even if you are not severely injured. It is important to report every workplace accident to the employer. It can even take you more time to recover from your wounds.
Seek Medical Attention
If you are seriously injured, seek medical attention as soon as possible. Your employer can get you emergency medical treatment. You can tell your doctor your injuries are work-related. Once you receive the treatment, follow the instructions of your doctor.
You need to keep your medical records since you can still recover the medical expenses from your employer. That is why you need to visit a good doctor. It will not cost you anything if you are planning to claim a workers’ compensation claim.
Keep a Written Record
It is easy to forget everything that happened. Therefore, write down how the workplace accident happened and where it happened. You can even include the names and phone numbers of any witnesses. Remember to write down your injuries and symptoms. Keep your written record safe.
Take Photos of Visible Injuries
If your injuries are visible, take photographs. However, some injuries are not visible. It is impossible to take pictures of these injuries. If your injuries are not visible, you must visit a doctor to examine you to know if you suffered internal damage.
It is easy to use photographs to document external damage. You can use your phone to take photos of your physical injuries. If there are people injured, you can even take photos of these people.
Hire a Workers’ Compensation Lawyer
The law requires the employer to provide their employees with a workers’ compensation claim form. You need to fill this form if you plan to seek compensation for your injuries. However, you will need to hire a workers’ compensation lawyer to help you file a workers’ compensation claim. Having a lawyer ensures you will get all the benefits you deserve.
Rest and Recuperate
If you suffered severe injuries, you will need some time to recover from your injuries. You can leave your lawyer to fight for your rights. It can take time to recover from the injuries. It will take you even more time to recover if you are seeking compensation on your own. Hiring a lawyer gives you more time to recover and recuperate.
However, you need to hire experienced and reputable workers’ compensation lawyers to fight for you. Looking for the best workers’ compensation lawyers in Statesville, NC? We are ready to fight you. In fact, we have enough resources to fight for our clients. Contact us today at Waple and Houk PLLC.
What Are the Most Common Injuries in a Workplace Accident?
Here are the 10 most common workplace accident injuries:
Back / Neck Injuries
These injuries affect the neck and back. They can cause pain as you move or numbing to the neck or back. It is important to seek medical since you may need surgery or a brace. If you ignore a serious back injury, it can lead to paralysis.
Heat causes these injuries, including scalds and burns. Hot objects, such as iron or stove, cause burns. Hot liquid or steam cause scalds.
A fracture occurs when the bone breaks. If the bone breaks and punctures the flesh, then it causes a compound fracture.
A machine in the workplace can cause amputations. If the nerves or blood vessels are seriously damaged in the workplace, a doctor may have to surgically remove a body part.
Exposure to loud noises makes it difficult for the person to hear what other people are saying. In some cases, the person may go completely deaf.
Joint Pain & Repetitive Motion Strain
Repetitive motions can lead to injuries like carpal tunnel. Many workers also suffer discomfort, aches, and soreness in the joints.
Slip and Fall
If there something blocking the path or if the surface is wet, a person may slip and fall. Slip and fall can even cause severe injuries to the person.
A lot of accident accidents can happen on construction sites. Some of the construction sites are falling from heights, electrocution, and getting crushed to death.
Accidents While Traveling for Business
If the employee gets injured on a business trip, the employer can be held liable for the injuries.
Accidents While Working with Machinery or Tools
Some machinery can injure employees. In addition, employees can get injured due to unsafe ladders or they may fall from heights.
Why Should I Hire a Statesville Workers’ Compensation Lawyer?
There are many reasons why it’s crucial to hire an experienced workers’ comp lawyer.
Filing a Claim
Firstly, the best Statesville workers’ compensation lawyers are knowledgeable, so they know what they are doing. They undergo intensive training to become a lawyer. Therefore, lawyers understand the whole process. You can trust them to file your workers’ compensation claim.
It is a must to meet strict deadlines and follow complex procedures as you file a workers’ compensation claim. If you make a small mistake, you can lose your compensation. Fortunately, workers’ compensation lawyers understand the complex procedures, so they can help fill the necessary forms and paperwork.
Dealing With Insurance Companies
Secondly, even though workers’ compensation helps employers, it is not easy to get money from the employer or the insurance company of the employer. You need the money to pay for your medical treatment. Hiring a workers’ compensation increases the chance of getting the benefits you deserve.
Hiring a workers’ compensation lawyer can give you peace of mind. You can trust your lawyer to do the hard work, including gathering your evidence, filing your claim, and even determining the value of your claim. You will have peace of mind knowing you have a professional who has your best interest at heart.
Appealing a Denied Claim
Finally, a workers’ compensation lawyer can help if your claim was denied. We are ready to file an appeal if your claim is denied.
We will look into the insurer’s response and attach all supporting information to ensure you get the compensation you deserve. Our lawyers will conduct an in-depth investigation to determine if the insurer acted in bad faith.
How Much Does It Cost to Hire a Workers’ Compensation Attorney?
You will not pay upfront fees to hire a Statesville workers’ compensation lawyer. This is because workers’ compensation lawyers work on a contingency fee basis. Your lawyer will not take any money from you until they win your case in court.
Once your lawyer wins you a settlement amount, the lawyer takes a small cut from that amount. It is much better to meet several potential lawyers to ensure you are hiring the best workers’ compensation lawyer.
It is also free to meet potential lawyers for a consultation. Lawyers meet potential clients to assess the strength of their cases. If the lawyer determines they can win the case, they begin working on your case immediately.
What Should I Do If My Workers’ Compensation Claim is Denied?
If your employer or their insurance company denies your workers’ compensation in North Carolina, you can appeal the decision through the court system. Once you receive the notice of the decision, you have 30 days to file a lawsuit with the North Carolina Court of Appeals.
A judge will listen to your side of the case and your employer’s side of the case. Therefore, you will need to hire a skilled workers’ compensation lawyer to help you gather supporting evidence to prove the severity of your injuries. Hiring a lawyer increases the chance of winning an appeal.
What Responsibility Does the Employee Have in Filing a Workers Comp Claim?
All businesses employing three or more employees are required to obtain workers’ compensation insurance in the North Carolina Workers’ Compensation Act. The workers’ compensation insurance protects every employee working in the state from injuries that are related to work.
The employee must adhere to the following responsibilities to qualify for these benefits:
- Follow the employer’s written rules of safety and the reasonable policies and procedures put in place.
- Report workplace accidents immediately or within 30 days to their manager, boss, or the manager. It is better to report immediately.
- Prove that the workplace accident was not due to willful misconduct of the employee.
- Take the recommended medical treatment and rehabilitation.
What Responsibility Does the Employer Have in the Workers Compensation Process?
Employers are deemed responsible for all the medical costs of their employees as long as the accident occurred in the workplace. Additionally, the employer will compensate the employee for any lost wage from the time they spend away from work.
That is why employers need to provide workers’ compensation coverage to their employees. Here are other things the employer is required to perform:
- Provide their employees with emergency medical treatment in the event of a workplace accident.
- If the employee cannot choose a doctor, the employer must help the employee with further medical attention.
- Fill in and submit an injury report to the office workers’ compensation board. They need to submit a copy to their insurance company.
- Make a written report of all workplace accidents that results in personal injury.
Can I Be Fired If I Claim a Workers’ Comp Claim?
Your employer cannot fire you if you claim a workers’ compensation claim. Workers’ compensation coverage is designed to help people who get sick or injured because of workplace accidents. Therefore, the law prohibits employers from unjustly firing employees.
As an employee, you are exercising your rights by claiming a workers’ compensation claim. So, do not be afraid to claim a workers’ comp claim because you are afraid of losing your job. You will not lose your job.
Is there a Time Limit to File a Workers’ Comp Claim in North Carolina?
Yes. There is a time limit to file workers’ compensation in Statesville, North Carolina.
The time limit to file a workers’ compensation claim in Statesville, North Carolina is 2 years from the date of the workplace accident. However, you have to report the workplace accident within 30 days to your employer. It is better to hire a workers’ compensation lawyer to make sure you do not lose your right to get benefits.
Can I Sue My Employer?
Yes. If you have a valid workers’ compensation claim and your employer keeps denying your claim, you can hire a workers’ compensation lawyer to sue your employer. Some employers usually deny the claim because they think the employer will not challenge it.
Employers deny claims to save money. If your employer does the same, the law allows you to file a lawsuit.
Can an Independent Contractor File a Workers’ Comp Claim?
No. Independent contractors cannot file a workers’ compensation in North Carolina. This is because the workers’ compensation laws in North Carolina do not apply to independent contractors. This is the main reason why most employers call their employers independent contractors. They do this to protect themselves from paying claims.
Employers call their employers independent contractors to avoid being responsible for the workers’ compensation benefits. However, the employer needs to respect the method or manner the independent contractor will do the work.
What Is My Statesville Workers’ Compensation Claim Worth?
It is hard to determine the actual worth of a Statesville workers’ compensation claim. The workers’ compensation insurance covers both medical expenses and lost wages. If you are unable to go back to work because of your injuries, you can get a lump sum payment for your losses.
It is better to hire a workers’ compensation lawyer to help you determine the actual value of your workers’ compensation claim. Your lawyer will gather enough evidence and prove your injuries were caused by the workplace accident.
The workers’ compensation will pay for:
- Medical bills
- Rehabilitation costs
- Prescription medication
- Lost wages
- Travel expenses, especially travel expenses related to your treatment
- And Permanent Partial Disability.
Hire the Best Statesville Workers’ Compensation Lawyers
Once someone gets injured in their place of work, they may decide to handle the case on their own. Most of these people usually think the insurance company and employer have their best interest at heart. Insurance companies do not treat people fairly, so they can end up treating these people unfairly.
It is difficult to deal with the insurance company and your employer on your own. Your employer can even deny your claim. Insurance companies will do everything they can to discourage you. You need to hire the best workers’ compensation lawyers to represent you. Hiring a lawyer reduces your stress and gives you enough time to recover from your injuries.
Here at Waple & Houk PLLC, we understand it is hard to deal with the aftermath of an accident in a workplace. We will help you handle the paperwork and ensure you meet all the deadlines. We will make sure you do not make any mistakes. We will do whatever it takes to get you the maximum compensation for your losses.