Garner Workers Compensation Lawyer

Getting hurt on the job can put your entire future into question as you struggle to recover and get back to work. Fortunately, you can turn to workers’ compensation coverage from your employer in Garner, NC, but getting the benefits you deserve can be challenging. The paperwork and numerous hoops to jump through are often overwhelming when you are hurt.

By working with our Garner workers compensation lawyer at Ricci Law Firm Injury Lawyers, you can put your worries to rest. We will review your case and manage the details while you focus on getting better. Contact us today to arrange a free consultation with our North Carolina personal injury attorneys and get started on your claim now.

Ricci Law Firm Injury Lawyers Offers Superior Support and Service for Workers’ Comp Claims

You work hard to provide for yourself and your family, and when you are hurt, you expect your legal team to work just as hard on your behalf. At Ricci Law Firm Injury Lawyers, that is exactly what you will get when you partner with a workers’ compensation lawyer from our Garner office. We provide skilled and compassionate support throughout every step of the claim process.

No matter whether you suffered a minor, major, or long-term injury at work, our attorneys can help you put together the appropriate documentation for your claim. We can even help if you have already filed a claim and received a denial letter. The appeals process is complicated, but we will discuss what to expect and represent you at every stage.

Best of all, we work on a contingency payment plan, allowing you to get the legal representation you need without worrying about upfront costs. You only pay us when we secure a settlement for you, and if we do not win, you do not pay. Our fees are paid as a percentage of your settlement that you agree to before we begin, so there are no surprises.

Understanding Workers’ Compensation in North Carolina

Workers’ compensation originated as a way to help both employers and employees in the event of a worker injury. Companies can provide insurance coverage to help employees recover without assigning fault to any specific party. According to the North Carolina Industrial Commission (NCIC), all employers with more than three employees (with some exceptions) are required to provide workers’ compensation insurance, facing stiff penalties if they fail to do so.

As long as you meet the criteria for filing a claim, you are eligible for benefits. These include the following:

• You were injured at your workplace while performing your job duties.
• You reported the injury to your employer verbally and in writing immediately, or within 30 days.
• Your employer carries workers’ comp insurance.
• You were not engaged in horseplay or otherwise violating company policies when you were hurt.

When you are injured, seek immediate medical attention first, then report the accident to your manager or supervisor. Your company is required to file a Form 19 – First Report of Injury to the NCIC and provide you with a blank Form 18 to complete and submit. Your Garner workers’ compensation attorney can help you with this process, as well as determine which benefits you qualify to receive. 

The Workers’ Comp Claim Process in NC

If you need emergency medical care, you can go to a hospital and request coverage afterward. Otherwise, you may get first aid onsite or visit a doctor for care after you leave work. Under North Carolina’s Workers’ Compensation Act, employers providing your insurance coverage can require you to get care from doctors they choose. There are exceptions, such as if the company doctor failed to provide appropriate care within a sufficient time period. 

Once you file your claim, you should continue to follow your doctor’s orders and keep all appointments for treatment. Your employer will require regular updates on your recovery, and the insurance company may monitor your activities to ensure you are complying with your treatment program. When you are recovered, your doctor will perform a final examination and give you a disability rating, if appropriate. 

Your benefits will end when you return to work, unless you are eligible for permanent disability payments. If you believe your employer has ended your benefits too soon, you have options for extending them, including an appeal. At Ricci Law Firm Injury Lawyers, your Garner workers’ compensation lawyer can help you with the steps to appeal your denied workers’ comp claim properly. 

Workers’ Comp Benefits in Garner, NC

Once you report your injury and your claim is approved, you are eligible to receive benefits including:

• Payment for all medical treatments and expenses until you reach Maximum Medical Improvement (MMI)
• Partial wage replacement (temporary disability benefits) equal to 66.6% of your average weekly wage
• Permanent total or partial disability payments if you do not achieve full recovery and are disabled
• Vocational retraining and employment assistance if you cannot return to your previous job field
• Death benefits for your family if you pass away from your injury

As long as you were hurt on the job, report your injury and file Form 18 within 30 days, you should receive these benefits.

Specific Medical Expenses Covered by NC Workers’ Compensation Insurance

Every state’s workers’ compensation coverage requirements are slightly different. In North Carolina, you are eligible to seek full payment for the following:

• Medical bills: All your medical costs associated directly with your on-the-job injury, including ICU, ER, and surgical expenses
• Medications: All prescription and over-the-counter medicines needed for your injury or illness
• Travel expenses: Mileage, meals, and other costs associated with traveling for your medical appointments and treatment
• Chiropractic treatment: NC allows you to receive up to 20 sessions from a chiropractor when deemed medically necessary
• Diagnostic testing: All scans, X-rays, and other diagnostic tests related to your illness or injury 
• Ongoing costs: Physical, occupational, speech, and other therapies that support your recovery, as well as follow-up visits and maintenance treatment

Unlike a personal injury lawsuit, workers’ compensation does not allow you to seek other losses from your employer. You also cannot file a lawsuit against your lawyer if you receive WC benefits, except in certain circumstances. You may also consider a lawsuit if other parties are responsible for your injuries. 

What if I Have a Pre-Existing Condition When I Am Hurt?

Pre-existing conditions can make it more challenging to secure your benefits, since the insurance company must untangle whether a new injury is due to your accident or your previous condition. However, you are still entitled to benefits even if you had surgery or an illness in the same body part that was hurt in your on-the-job incident. It may require additional documentation from your personal physician and guidance from your workers’ comp lawyer.

If your work injury made your pre-existing condition worse or if your condition makes it harder to recover from your injury, you may have to negotiate forcefully with the insurance company for coverage. They often try to minimize their costs on your claim and reduce what they have to pay, but you deserve every penny required for your full recovery. By working with a skilled lawyer, you can demonstrate the true relationship between your pre-existing condition and work injury.

Detailed records are crucial, including medical reports about your condition, a timeline of job duties that made your condition worse, and how your injury has affected your everyday quality of life. You must tell your workers’ comp doctor about your pre-existing condition when they begin treatment. If you fail to do so, the insurance company may deny all coverage.

When to Consider a Personal Injury Lawsuit After a Work Injury

It is very rare that you have grounds for filing a personal injury lawsuit against your employer when they provide workers’ compensation. To do so, you will need to provide evidence that the employer internationally harmed you or allowed you to suffer injury through their negligence. These cases can be complicated and challenging, but your workers’ compensation attorney in Garner, NC, can advise you if your claim qualifies.

Another instance where you may have grounds is for a third-party lawsuit when someone other than your employer or a fellow worker is responsible for your injury. For example, if a security company tasked with monitoring your worksite allowed a dangerous individual to enter, who later injured you. You may have the right to seek compensation from them for their failure to keep the area safe.

When you file a lawsuit, you can seek additional expenses, such as the remainder of your lost income (beyond the 66 ⅔ % that workers’ comp pays), property damage, and emotional distress, such as PTSD. Your lawyer will help you calculate the full value of your claim and aggressively seek compensation for your losses from the at-fault party. 

How Hiring a Workers’ Compensation Attorney Benefits Your Case

While it is possible to file your paperwork on your own and receive benefits, the process can quickly become difficult in certain circumstances. There can be significant consequences to not hiring a workers’ comp lawyer that you may not discover until after you really need help. Fortunately, it is almost never too late to contact us and arrange a free case review.

We can ensure you have followed the proper procedures and completed your application correctly. We will also assist you in acquiring the necessary documentation and advise you on what not to do during the workers’ compensation claim process. If you need to pursue more aggressive legal action, you may not understand the procedures and rules of the courtroom, which is where we can help you most.

Finally, we help you push back against the insurance company if they claim you are not following the doctor’s orders. Insurance providers may send private investigators to observe you at home or scour your social media accounts to determine if your injury is as severe as you claim. We educate you on how to avoid problems and manage your claim successfully. 

Can My Employer Retaliate Against Me if I File a Workers’ Compensation Claim?

Many clients come to us concerned that filing a workers’ comp claim could result in unfair treatment from their company. We are here to assure you that it is illegal for your employer to fire you, and you could have a case for wrongful termination against them if they do. Your employer also cannot reduce your pay, eliminate other benefits, or encourage other workers to retaliate against you. 

Your company cannot force you to return to work before you are ready, especially if your doctor has not cleared you to go back to your job. Although it depends on their return-to-work policy, you should not fear that you will lose your position or be replaced. You may be assigned to light-duty if you are able to work, but that conversation should involve your doctor. 

If you feel your employer has behaved illegally or is pressuring you to return, speak with a workers’ compensation attorney in Garner, NC, to understand your options. At Ricci Law Firm Injury Lawyers, we can examine the situation and advise you on what the law says about your specific circumstances. We will help you protect your health and your interests. 

Contact our Garner Workers Compensation Lawyer in North Carolina Today!

Recovering from a work injury takes time and focus, meaning you need to put your energy on getting well instead of the headache of insurance forms. You can put these burdens off your shoulders and into the hands of a qualified and caring Garner workers’ compensation lawyer from Ricci Law Firm Injury Lawyers. We work tirelessly for your best outcome as quickly as possible, so you do not have to wait for the benefits you deserve.

We believe our results speak for themselves and that our client reviews can give you the confidence you need in our team. No matter where you are in the workers’ compensation claims process, we are ready to help you. Schedule a free case review with no risk and no obligation when you contact us today.