Greenville Workers Compensation Attorney

When a work-related injury or illness strikes, the financial strain can prove as overwhelming as the physical recovery. Many injured workers and their families grapple with anxieties over mounting medical bills and lost income.

Working with our experienced Greenville workers compensation attorney from Ricci Law Firm Injury Lawyers can help. We stand up for the rights of injured workers and advocate for fair compensation. Our Greenville personal injury lawyers will advocate for your best interests and guide you through the claims process.

Pursuing Workers’ Compensation Claims in Greenville, NC

Most North Carolina workers are protected by the state’s workers’ compensation system, enforced by the North Carolina Industrial Commission. The law requires businesses with three or more employees to carry insurance to cover work-related injuries, providing a vital safety net for employees. Workers’ compensation aims to provide swift and efficient financial relief to injured workers.

This system provides no-fault coverage, meaning you do not have to prove your employer was at fault to receive benefits if you are hurt on the job. In exchange for this streamlined process, employees typically relinquish their right to sue their employer for certain damages, such as pain and suffering.

Within this system, you are entitled to compensation for all medical expenses directly related to your work injury, provided it happened while you were performing job-related tasks. If your injuries lead to you missing more than seven days of work, you can pursue compensation for those lost wages. While you are not legally obligated to hire a workers’ compensation attorney in North Carolina, doing so can increase your chances of receiving fair compensation. It is especially advisable if your injuries are severe, leading to high medical costs, or if your claim for benefits has been denied.

Pursuing Workers’ Compensation Benefits in Greenville, NC

Experiencing an injury or illness on the job can be a disorienting and stressful event. The critical responsibility of proving your claim and demonstrating the full extent of your losses ultimately rests with you. This can be a complex and challenging endeavor, especially when you are also focused on your recovery. Working with experienced workers’ compensation lawyers can help.

North Carolina’s workers’ compensation system is designed to cover various aspects of injured workers’ recovery and lost income. This can include comprehensive medical care, which your employer is legally obliged to pay for any and all reasonable and necessary medical expenses incurred as a direct result of your work-related injury or illness. This coverage can include but is not limited to:

Emergency Services: Ambulance rides, emergency room visits, and urgent care.
Initial Treatment and Ongoing Care: Doctor’s visits, specialist consultations (e.g., orthopedists, neurologists), and diagnostic tests (X-rays, MRIs, CT scans).
Hospitalization and Surgeries: Costs associated with inpatient stays, surgical procedures, and anesthesia.
Rehabilitation Services: Physical therapy, occupational therapy, and other rehabilitative treatments aimed at restoring function. This can include rehabilitation centers or even home health care if medically necessary.
Medical Equipment and Devices: Crutches, wheelchairs, braces, prosthetics, and any other adaptive equipment.
Medications: Prescription drugs related to your injury or illness.
Expected Future Medical Costs: For serious or long-term injuries, compensation may also include projections for future medical needs, which can be a significant component of a claim.

Employers are also required to provide wage replacement or temporary disability benefits if you miss more than seven days of work due to your injury. And, if your disability lasts for more than 21 days, you will also be paid for the initial seven days.

Wage Replacement for Temporary Total Disability: This is the most common form of wage replacement. If your authorized medical provider determines you are completely unable to work due to your injury, you will generally receive two-thirds of your average weekly wage from the year preceding your injury, up to a statutory maximum.
Wage Replacement for Temporary Partial Disability: If your injury allows you to return to work but at a reduced capacity or for fewer hours, leading to lower earnings, you may be eligible for TPD. This benefit covers a portion of the difference between your pre-injury wages and your current earnings.

If you are wondering what kind of compensation you may be able to receive from your claim, contact our workers’ compensation lawyer to discuss your specific situation.

How to Optimize Chances of a Successful Claim

While benefits are available, your actions during recovery are vital to your claim’s success. Always follow your authorized medical provider’s orders, including attending all scheduled appointments, undergoing all recommended tests and lab work, and adhering strictly to the prescribed treatment plans. Most importantly, do not return to work until your authorized medical provider has formally cleared you to do so. This could even mean avoiding specific tasks outside of work if your doctor has given you clear restrictions or limitations, such as no heavy lifting.

Failing to comply with medical recommendations can significantly jeopardize your claim and lead to a denial of benefits, as the insurance company may argue that your non-compliance contributed to your prolonged recovery or lack of improvement. Working with a workers’ compensation lawyer can help optimize your chances of a successful claim as well.

What Happens if You Experience a Permanent Injury?

In some unfortunate cases, a work injury or illness results in a permanent impairment or lasting effect on your physical or mental capabilities. When your medical condition has reached Maximum Medical Improvement (MMI), meaning your doctor believes your condition is stable and no further significant improvement is expected, your claim may transition to address permanent disability. This can be classified in two main ways:

Permanent Partial Disability (PPD)

This applies when your injury has reached MMI, and while you may still be able to work, you cannot perform at the same physical or mental level or capacity as you could prior to your injury. A physician will typically assign an impairment rating to the affected body part, which is a percentage reflecting the extent of your permanent loss of function. This rating is then used to calculate a specific amount of compensation based on a schedule outlined in the Workers’ Compensation Act. PPD benefits aim to compensate you for the permanent loss of use of a body part or function.

Permanent Total Disability (PTD)

This is a more severe classification. PTD applies when your work-related injury or illness renders you completely and permanently unable to work in any capacity or obtain gainful employment. Establishing PTD requires a great deal of compelling medical proof demonstrating the comprehensive nature of your disability and its impact on your ability to perform any type of work. These benefits typically involve ongoing wage replacement.

Understanding Timing in Your Workers’ Compensation Claim

Timing is crucial for filing your workers’ compensation claim successfully. Under the North Carolina Workers’ Compensation Act, you generally have two years from the date you received or discovered your work-related injury to file your claim. Missing this deadline typically means forfeiting all rights to any financial repayment for your injuries.

However, this two-year window is not the only important timeframe to keep in mind. The law also requires you, as the injured worker, to report the workplace accident to your supervisor or business owner as soon as possible. This immediate notification is crucial for several reasons, including establishing a clear link between your injury and your work.

Reporting Your Injury Within the Critical 30-Day Window

For non-life-threatening conditions, it is always best to tell your employer about your injuries right away. When you report, be sure to ask them where you should go for approved workers’ compensation medical care. This ensures you receive treatment that their insurance will cover, as some policies may not cover providers out of network.

However, if you have suffered a life-threatening or complex injury, your absolute priority should be to seek immediate medical attention. Do not hesitate to call 911 if necessary. After ensuring your safety and getting medical help, you still must inform your employer of the incident within 30 days from the time of the injury. This notification can be done in writing or verbally, but having it in writing often provides better documentation. Failing to report within this 30-day window could significantly jeopardize your ability to file a claim and receive the benefits you deserve.

Staying on top of these deadlines can feel like a lot when you are recovering from an injury. If you have any doubts about the reporting process or the timing of your claim, seek legal advice to protect your rights.

Do All Companies Have Workers’ Compensation Coverage in Greenville?

It is important to know whether your employer is even required to carry workers’ compensation insurance to protect your rights as an employee. The North Carolina Workers’ Compensation Act mandates that businesses with three or more employees must maintain this vital insurance coverage. This requirement encompasses various business structures, including corporations, sole proprietorships, limited liability companies (LLCs), and partnerships. However, like many legal frameworks, there are certain exceptions to this ruling, including:

Agricultural Operations: Farms with fewer than 10 full-time, non-seasonal agricultural workers are typically exempt from this requirement. This exception acknowledges the unique nature and often seasonal workforce of smaller farming operations.
Domestic Employees: Household domestic employees, such as nannies, housekeepers, or caregivers, are generally not covered under the state’s workers’ compensation laws. Their employment is typically viewed differently from traditional commercial enterprises.
Certain Railroad Employees: Employees of railroads may fall under federal laws, such as the Federal Employers’ Liability Act (FELA), rather than state workers’ compensation. FELA is a fault-based system, differing significantly from the no-fault nature of state workers’ compensation.
Businesses with Radiation Exposure: This is a more specialized exemption. Businesses where employees are engaged in activities associated with radiation exposure may have different regulatory requirements for injury compensation due to the specific risks involved and federal oversight in this area.

What Happens if an Employer Fails to Carry Required Coverage?

It is a serious offense for an employer to be legally required to carry workers’ compensation insurance but fail to do so. Employers found to be non-compliant can face significant penalties, which may include substantial fines, criminal charges, and direct liability for the injuries of their employees.

If you are injured on the job and discover that your company is not correctly insured, contact an experienced workers’ compensation lawyer immediately. At Ricci Law Firm Injury Lawyers, our team is knowledgeable about workers’ compensation laws and will help you maximize your benefits, no matter what your employer’s current coverage status. Your well-being and financial stability are key, and our team is here to help you secure the support you need.

Securing Workers’ Compensation Death Benefits for Families

When families experience the unexpected loss of a loved one, they often face not only immense grief but also financial hardship. Because of this, death benefits are provided under the Workers’ Compensation Act for eligible dependents. These benefits typically encompass wage replacement benefits, paid out for a maximum of 500 weeks from the date of the employee’s death. This amount is usually calculated based on the deceased’s average weekly salary, providing a percentage of that income to dependents.

Final medical costs, related medical bills and expenses, and funeral and burial costs are also covered, with some maximum amounts. Death benefits are available to individuals based on their financial dependency on the deceased employee. The law establishes a clear order, with the surviving spouse, a financially dependent partner or same-sex partner, minor children, partial dependents, and, finally, next of kin being considered.

What To Do If Your Workers’ Compensation Claim Was Denied

If your workers’ compensation was denied, rest assured that this need not be the final outcome. Insurance companies often deny claims for various reasons that a workers’ compensation attorney can dispute. Your denial letter will detail why your claim was rejected, commonly citing reasons like untimely notice, insufficient medical evidence, or alleged misconduct. Fortunately, the law provides a clear appeals process, which you can pursue with proper legal guidance.

Speak with our Greenville Workers Compensation Attorney from Our Law Firm in North Carolina

The Ricci Law Firm Injury Lawyers, is here to fight for employees like you who have faced unnecessary risks on the job. Our Greenville workers’ compensation attorneys offer a free consultation to discuss your unique situation, understand your rights, and assess the potential value of your claim. Reach out to our legal team in Raleigh today for a complimentary claim review and let us help you get the support you deserve.