Jacksonville Workers Compensation Attorney
Thousands of work accidents happen every year that cause injury and keep workers from their jobs. This also has a profound impact on workers’ families, finances, and lives. To lessen the impact these events have on you, a Jacksonville workers compensation attorney from Ricci Law Firm Injury Lawyers can represent you when you need a guide and advocate throughout the process. Our Jacksonville personal injury lawyers put our years of knowledge and experience to work to get you maximum results.
Protect Your Future With the Help of Ricci Law Firm Injury Lawyers
Workers’ compensation claims are not always straightforward. It is important to speak with a lawyer from our team to get a better outcome. We have helped many clients with their workers’ compensation claims, and we know the ins and outs of what you will need to file your claim and how to fill out your paperwork.
We also handle the logistics and investigate your accident so we can help you get the most out of your claim. We ensure that your rights are protected and you are treated fairly throughout the process. Your well-being is important to us, and we help you recover your future.
How Workers’ Compensation Works in North Carolina
North Carolina employers who have three or more employees are required to provide workers’ compensation. Workers’ compensation is a type of no-fault insurance that allows employees to receive compensation without having to establish another party’s involvement in the accident. It also protects the employer because workers are not allowed to sue their employers. All claims for workers’ compensation benefits will be filed with North Carolina.
Employers may also opt to have their own workers’ compensation fund rather than using North Carolina’s plan. These employers are classified as self-insured and must meet certain requirements before they offer workers’ compensation. According to North Carolina law, they must have $500,000 or more in fixed assets and must register with the North Carolina Industrial Commission and the North Carolina Department of Insurance. These claims will go through the employer rather than the state.
When you have been injured at work, it is important that you apply for workers’ comp right away. Not only do you not want to miss your opportunity to file a claim, but you will also need to recover compensation to make up for your lost work and wages. Medical bills will also accumulate, and you will want to avoid having to cover these out of your own pocket.
It is important to note that only certain types of injuries qualify for workers’ compensation claims. According to North Carolina Workers’ Compensation Act § 97-3, an employee must be injured because of their job in the course of employment to receive benefits. A workers’ comp lawyer in Jacksonville, NC can evaluate your accident and injuries and help you determine if you are eligible to file a claim.
What to Expect When You File a Workers’ Compensation Claim in Jacksonville, NC
One of the most important steps after a workplace accident is to seek medical attention. You need to ensure your safety, receive care, and find out the extent of your injuries. This is also an important step required for filing a workers ’ compensation claim. Be sure to keep all records, results, and documentation to use as evidence when you file your claim.
After receiving treatment, you must report your accident and subsequent injuries to your supervisor right away. You will also need to fill out the appropriate paperwork to explain what happened in detail. You will then need to submit your claim application for review and a decision about your benefits.
The Timeline for a Workers’ Compensation Claim Varies
If you have filed a workers’ compensation claim, you have probably wondered how long a settlement will take. The timeline of your claim is dependent on a number of factors. The severity of your case can prolong your claim if you are waiting to learn the extent of your medical expenses and injuries. Processing times of claims may also vary, and the need for additional information can also make your case take longer.
However, one of the biggest factors that can impact the resolution of your case is the insurance company. Unfortunately, they will try various tactics to avoid paying you, including holding up your claim on purpose. Depending on when you hire them, a lawyer can help you preempt or stop these behaviors.
Surviving Family Members Can File a Claim for Death Benefits After a Worker Fatality
Workplace accidents can result in more than injuries. They can result in death. When this happens, surviving family members can file a workers’ compensation claim for death benefits since the decedent can no longer file a claim themselves. According to the North Carolina Workers’ Compensation Act § 97-38, this form of compensation is for the benefit of whole or partial dependents.
These benefits are designed to help cover outstanding medical costs, funeral and burial expenses, and support dependents who relied on the decedent’s income. Eligible parties will receive a portion of the decedent’s weekly wages for 500 weeks. Exceptions may apply depending on the situation and availability of eligible parties.
Four Types of Disability Benefits that can be Recovered in a Jacksonville, NC Workers’ Compensation Claim
It is not uncommon for workplace accidents to result in time spent away from work and disabilities. Every day spent away from work has a significant financial impact, especially at a time when you need it the most. For this reason, disability benefits exist to soften the impact when you cannot work, or cannot work at full capacity. There are four key types of disability benefits that a worker may claim per the North Carolina Workers’ Compensation Act § 97-31:
- Temporary total disability benefits: Generally provided during the initial recovery period when your injuries prevent you from working. Weekly benefits are typically two-thirds of the worker’s average weekly salary. The type of injury will determine the duration of payments.
- Temporary partial disability benefits: This type of benefit is used when you are able to work in a limited capacity and need to make up some of the difference between your current and previous wages. These benefits generally end when you are able to return to working full capacity.
- Permanent total disability benefits: Benefits are provided when you have been incapacitated by your injury and are unable to return to work. Loss of limbs or loss of vision are common conditions that qualify for this type of benefit.
- Permanent partial disability benefits: Used to provide benefits when you are able to work in a very limited capacity but do not have the capacity to work in the same capacity you did before the accident.
Talk with your lawyer to determine which type of benefits you may need in your situation. They have years of experience handling these claims and can streamline the process so you can get your benefits quickly and without delay. They can also help calculate your potential payments to help you prepare for the financial implications. Your lawyer will work diligently to negotiate the maximum amount to ensure financial gaps are filled.
Navigating Third-Party Claims Can Be Complex
Third-party claims can be helpful when you have been injured by an outside party while working. While most on-the-job injuries can be tied back to employer or co-worker negligence, there are times when the source of the accident is someone else entirely. Vehicle accidents caused by another party while you are working are a common example. Another is using defective tools, machinery, or parts in the course of your job.
Since this negligence does not originate within your company, a third-party claim is generally filed to hold that specific party responsible for their actions. In these cases, you will need to demonstrate the other party’s fault before recovering compensation from them. However, you may be able to recover more losses through a third-party claim than you can with a workers’ compensation claim. An experienced lawyer is recommended to navigate this process.
It is also important to note that you have the option to file a third-party and workers’ comp claim at the same time, but you cannot receive compensation for the same loss twice. Most generally in these situations, a third-party claim is meant to cover the losses that a workers’ compensation claim cannot, such as pain and suffering losses and additional medical expenses. Depending on the results of a third-party claim, you may have to repay workers’ comp benefits.
Recover Valuable Compensation Through a Workers’ Compensation or Third-Party Claim
When you are facing overwhelming injuries and financial losses, you want to recover the maximum amount of compensation as quickly as possible. One of the trade-offs of a workers’ compensation claim is that you can recover your expenses faster, but you cannot recover as much. Conversely, the trade-off of a third-party claim is that you can recover more money, but it is a longer process. The type of claim you file can significantly impact your results.
Whether you file a claim with the state or a self-insured employer, workers’ compensation claims typically focus on providing financial assistance with your medical expenses and lost wages while you are out of work. A third-party claim allows you to recover these losses, plus compensation for your decreased quality of life and enjoyment, pain and suffering, emotional and psychological anguish, and lost companionship.
To ensure that you are filing the right claim for your case, consult with our workers’ comp attorney in Jacksonville, NC. They will direct you on how to file your claim and will help you determine how much your case is worth based on the claim type. Your lawyer will calculate your losses to determine their value and negotiate a fair settlement based on this estimate.
Limitations Can Impact Your Ability to File a Claim
While you may have the right to pursue compensation for your losses, you are bound by time constraints. You have two years from the time of an accident to file a claim for injuries, as well as file a claim for occupational diseases. If you are filing a third-party claim, then there is a three-year statute of limitations. Talk to your lawyer about which limits apply to your case and what your options are.
Reasons for Delays and Denials When Applying for Workers’ Compensation Benefits
It is not uncommon to run into challenges while applying for workers’ compensation benefits. You may run into delays, need to provide additional information, or receive a denial. While this could happen for legitimate reasons, these actions are often attempts by the insurance company to pay you less or not at all.
Common reasons you could receive a workers’ compensation claim denial include failing to fill out your paperwork correctly, failing to file your claim before the statute of limitations expires, and insufficient evidence. Each of these factors can threaten your ability to receive the compensation you are entitled to recover for your losses.
Additionally, the insurance company is often a big reason why claims are denied. They will try to avoid paying you by using technicalities. They will also try other tactics that may include blaming you for the accident or trying to get you to make a statement or admit fault. They may also question the extent or validity of your injuries. To ensure you are not the victim of the insurance company’s bad faith actions, hire a lawyer right away before filing your claim.
Contact Ricci Law Firm Injury Lawyers in Jacksonville, NC
Ricci Law Firm Injury Lawyers helps you navigate the complexities of workers’ compensation cases. Whether you are unsure of your options, receive an unfair denial, or need to file a claim on behalf of a deceased worker, our team stands by you and fights to secure your benefits. With a proven track record of success, you can be confident that we can help you get the most favorable outcome. To learn more and get started, contact us today to schedule your free consultation.