Workers Compensation Lawyer in Raleigh

Employees have a right to be safe while doing their jobs, yet accidents still happen all the time in Raleigh workplaces. From offices to factories, workers experience injuries due to inadequate training, lack of protective equipment, faulty machinery, and other negligent actions from companies, often leading to significant financial burdens and lasting consequences for the injured. When you need a workers compensation lawyer in Raleigh, NC, you can trust Ricci Law Firm Injury Lawyers.

At Ricci Law Firm Injury Lawyers, we help you understand your rights under North Carolina workers’ compensation law and advocate for them. If you have been injured on the job and are encountering challenges with benefit denials or claim limitations, our Raleigh personal injury lawyers are here to help. As your dedicated local workers’ compensation lawyer in Raleigh, we are committed to upholding your rights to a safe work environment.

Understanding Workers’ Compensation Laws

In Raleigh, the North Carolina Industrial Commission oversees and upholds the Workers’ Compensation Act. This law requires employers to carry insurance that protects their workers. This insurance, often called no-fault coverage, means you do not have to prove your employer was at fault to receive benefits if you are injured on the job. In return for this streamlined process, employees typically relinquish their right to sue their employer for damages such as pain and suffering.

This means that you cannot sue your employer for non-economic damages like pain and suffering. However, you have the right to receive compensation for all medical expenses related to the injury you sustained at work, as long as it occurred while performing work-related tasks. If your injuries cause you to miss more than seven days of work, you have the right to pursue compensation for the associated lost wages.

While you are not legally required to work with a workers’ compensation attorney in North Carolina, there are many benefits to working with one to ensure you receive fair compensation for your injuries. It is especially recommended if your injuries are severe, requiring extensive medical costs, or if your benefits were denied.

When to File a Workers’ Compensation Claim

Under the North Carolina Workers’ Compensation Act, you generally have two years from the date of your work-related injury to file a workers’ compensation claim. Typically, if you do not file within this time frame, you will lose the right to reclaim any financial repayment. However, this is not the only time limitation you need to be aware of.

The law requires injured workers to report the incident to their supervisor or the business owner immediately. For non-life-threatening conditions, tell your employer about your injuries right away. Be sure to ask them where you should go for approved workers’ compensation medical care.

If you have suffered a life-threatening or complex injury, you must seek medical attention immediately, by calling 911 if necessary. Regardless of the severity, you have 30 days from the time of the injury to inform your employer of the incident. This notification can typically be done in writing or verbally. Failing to report within this 30-day window could prevent you from filing a claim.

Do All Companies Have Workers’ Compensation Coverage?

In North Carolina, the Workers’ Compensation Act generally requires businesses with three or more employees to hold workers’ compensation insurance. This requirement applies to various business structures, including corporations, sole proprietorships, limited liability companies (LLCs), and partnerships.

These industries and situations may qualify as exempt from the three-employee rule:

Farms with fewer than 10 full-time, non-seasonal agricultural workers
Household domestic employees, like nannies, housekeepers, or caregivers
Certain railroad employees (Covered under federal laws like the Federal Employers’ Liability Act)
Businesses where employees are engaged in activities associated with radiation exposure

If an employer is legally required to carry workers’ compensation insurance but fails to do so, they can face significant penalties, including substantial fines, criminal charges, and direct liability for employee injuries. If you find out your company is not properly insured after getting injured on the job, contact our team, and one of our workers’ compensation lawyers will help. We will advocate for your right to workers’ compensation and ensure that you get the support you need.

Comprehensive Guide to North Carolina’s Workers’ Compensation Benefits

When you experience an injury or illness on the job in North Carolina, you need to seek appropriate medical attention immediately and promptly notify your employer of the incident. While North Carolina’s workers’ compensation law clearly outlines the benefits you may be entitled to, the responsibility for proving your claim and demonstrating your losses ultimately rests with you. Our experienced workers’ compensation lawyers in North Carolina are here to help you navigate this process and maximize the benefits you receive.

Key Benefits Available Under Workers’ Compensation

One of the most fundamental benefits provided is coverage for your medical care. In most situations, your employer is obligated to pay all reasonable and necessary medical expenses that have been incurred as a direct result of your work-related injury or illness. This comprehensive coverage can include, but is not limited to:

Emergency services
Initial treatment and ongoing care
Hospitalization and surgeries
Rehabilitation centers or home health care
Medical equipment and devices
Medications
Expected future medical costs
Wage replacement after the first 7 days of missed work

Always follow your authorized medical provider’s orders, including attending all appointments, undergoing all recommended tests and lab work, and adhering to prescribed treatment plans. You must not return to work until your authorized medical provider has cleared you to do so, specifying any restrictions or limitations. Failing to comply with medical recommendations can put your claim into question and lead to a denial of benefits.

What Happens If You Experience a Permanent Injury?

In some cases, a work injury results in a permanent impairment. In this situation, your claim may be classified as either a permanent partial disability (PPD) or a permanent total disability (PTD). PPD applies when your injury has reached the maximum medical improvement, meaning your doctor believes your condition is stable and no further significant improvement is expected. While you may still be able to work, you cannot perform at the same level or capacity as you could prior to your injury. PTD applies when your work-related injury renders you completely unable to work in any capacity and requires a great deal of medical proof.

While the law outlines these benefits, the burden of proof that you are entitled to them lies on your shoulders. The employer’s insurance company often seeks to minimize payments, dispute the extent of your injuries, or challenge the necessity of treatment. Working with a knowledgeable workers’ compensation attorney from Ricci Law Firm Injury Lawyers can help you understand your rights and secure the benefits you are owed under North Carolina Workers’ Compensation Law.

Filing a Workers’ Compensation Claim Involving a Third Party

While North Carolina’s workers’ compensation system typically prevents you from suing your employer for a work-related injury, there are crucial exceptions. One such case is if the harm you suffered was not solely the fault of your employer or a co-worker, but rather the negligence of an external party, often referred to as a third party. When this occurs, you may have the right to pursue a third-party personal injury claim in addition to your workers’ compensation claim.

A successful third-party claim can allow you to recover damages that workers’ compensation benefits typically do not cover, such as:

Full Lost Wages: Workers’ compensation usually only covers a portion (e.g., two-thirds) of your lost wages, up to a state-mandated maximum. A third-party claim can seek compensation for the full amount of your lost income, both past and future.
Pain and Suffering: Workers’ compensation does not give any financial coverage for the physical pain, emotional distress, and mental anguish you endure as a result of your injuries. A third-party claim can seek significant damages for these non-economic losses.
Loss of Enjoyment of Life: If your injuries limit your ability to participate in hobbies or aspects of life you once enjoyed, a third-party claim can seek compensation for this diminished quality of life.
Medical Expenses Beyond Approved Providers: While workers’ compensation covers medical bills, it often dictates which doctors or facilities you can use. A third-party claim may allow you to seek compensation for treatment from your chosen providers, if reasonable and necessary.
Punitive Damages: In rare instances where the third party’s conduct was particularly reckless or malicious, a third-party claim might allow for punitive damages, which are designed to make an example of the wrongdoer and deter similar behavior.
Property Damage: If your personal property was damaged in the incident (e.g., a car in a work-related auto accident), a third-party claim can cover these costs.

Unlike in workers’ compensation claims, which work under a no-fault system, a third-party claim requires you to prove negligence. If you suspect a third party played a role in your workplace accident, consult with one of our workers’ compensation lawyers in Raleigh, NC before filing any claims or discussing it with your employer beyond the required injury report. We will help protect your rights and work to maximize your benefits.

Applying for Workers’ Compensation Death Benefits

When a work-related accident or occupational illness results in the immediate or eventual death of an employee, the North Carolina Workers’ Compensation Act provides specific benefits to eligible dependents. These death benefits alleviate some of the financial burden placed upon grieving families and typically include:

Wage replacement benefits are paid out to a maximum of 500 weeks of pay from the date of the death
Funeral and burial expenses
Final medical costs and related expenses

North Carolina workers’ compensation law defines who is eligible to receive death benefits based on their financial dependency on the deceased employee. The law prioritizes dependents in the following order: the surviving spouse, financially dependent partner or same-sex partner, minor children, partial dependents, and next of kin. An experienced local workers’ compensation lawyer can help you determine eligibility and pursue death benefits on your family’s behalf.

What Happens If Your Workers’ Compensation Claim Is Denied?

Insurance companies’ primary objective is to manage costs, and they often look for reasons to deny claims. While some denials may be legitimate, many are based on disputable interpretations or technicalities that an experienced attorney can challenge. In the denial letter, the insurance company will state why your workers’ compensation was denied. Here are some of the most common reasons:

You failed to provide a timely notice after your accident or diagnosis
The injury happened outside of work hours or off the premises
You were engaged in non-work-related activities
The injury was due to a pre-existing condition
You did not provide enough medical documentation
Your injuries do not limit your ability to work
Your injury resulted from your own willful misconduct, intoxication, or a direct violation of clearly stated company safety rules
Errors in the paperwork that you submitted to your employer
Your status as an employee or independent contractor may limit your eligibility

A denial is not the final word. North Carolina workers’ compensation law provides a clear appeals process, overseen by the North Carolina Industrial Commission. With the strategic guidance of a workers’ compensation attorney, you can have the resources necessary to challenge and potentially overturn a denial.

Do not attempt to navigate the complex appeals process alone. The deadlines are strict, the legal arguments are intricate, and the evidence required can be extensive. By working with a dedicated workers’ compensation lawyer from our firm, you ensure that your rights are protected, your claim is thoroughly investigated, and you have the best possible chance of overturning the denial and securing the full compensation you deserve.

Contact Our Workers’ Compensation Lawyer in Raleigh NC

At Ricci Law Firm Injury Lawyers, we consistently fight for employees injured on the job due to employer negligence. If you are facing an illness or injury because your employer exposed you to unnecessary risks, we want to help. Our Raleigh workers’ compensation attorneys offer a free consultation to discuss your rights and the potential value of your claim. Contact our legal team in Raleigh for a free claim review.