New Bern Workers Compensation Lawyer

New Bern Workers Compensation Lawyer

 

New Bern’s rich history, thriving local businesses, and diverse workforce make it a place where people work hard and contribute to the community. From the skilled trades at Hatteras Yachts and BSH Home Appliances to the dedicated professionals at CarolinaEast Health System, Craven County Schools, and International Paper, the people drive the local economy. Yet, even in the safest workplaces, accidents still happen, and when they do, they can leave workers facing significant physical, emotional, and financial burdens. You need a New Bern workers’ compensation lawyer you can trust.

If you’ve been injured on the job, our New Bern workers compensation lawyer can help you understand your rights under North Carolina workers’ compensation laws. This complex area of law provides benefits to employees who suffer injuries or develop occupational diseases arising out of and in the course of their employment. Navigating the claims process can be challenging. Having an experienced workers’ compensation lawyer from Ricci Law Firm Injury Lawyers can make a significant difference in securing the compensation you deserve.

Understanding Workers’ Compensation in North Carolina

Workers’ compensation is a type of insurance that provides wage replacement and medical benefits to employees who suffer job-related injuries or illnesses. In North Carolina, almost all employers with three or more employees must provide this coverage.

Workers’ compensation is a no-fault system. That means you do not have to prove that your employer did anything wrong. You only need to demonstrate that your injury or illness is connected to your job.

In most cases, workers’ compensation is the sole remedy for an on-the-job injury. This means you generally cannot sue your employer for negligence, even if their actions contributed to your injury. There are rare exceptions, such as intentional torts by an employer or third-party liability claims, which we can discuss if applicable to your case.

Benefits for Injured Workers in North Carolina

If the NC Industrial Commission (NCIC) accepts your claim, you may be eligible for the following benefits:

  • Medical treatment: Coverage for doctor visits, surgery, physical therapy, prescription medications, and travel costs to medical appointments
  • Temporary total disability (TTD): Payments for lost wages if you cannot work at all while recovering
  • Temporary partial disability (TPD): Partial wage replacement if you can work but earn less due to restrictions
  • Permanent partial disability (PPD): Compensation based on the lasting impact of your injury, using a formula and rating system
  • Permanent total disability (PTD): Benefits if your injuries are so severe that you cannot return to any form of employment
  • Death benefits: Financial support and funeral costs for surviving family members of a worker who dies from a job-related injury

Common Types of Workplace Injuries We Handle in New Bern

Ricci Law Firm Injury Lawyers represents injured workers from diverse backgrounds and across various industries. Whether you have been hurt in a sudden accident or developed a serious health condition due to long-term exposure or repetitive stress, we are here to help. Here are some of the most common types of workplace injuries we handle for clients in Craven County and throughout Eastern North Carolina:

Back Injuries

Back injuries are among the most frequent and debilitating work-related injuries. They often result from heavy lifting, falls, or poor ergonomics. Common diagnoses include herniated discs, lumbar strains, and spinal cord damage. Many back injuries require ongoing treatment, physical therapy, or surgery, and they can make it difficult or impossible to return to work.

Carpal Tunnel Syndrome

Repetitive strain injuries like carpal tunnel syndrome are common in jobs requiring continuous hand and wrist motion, such as data entry, manufacturing, and assembly line work. Carpal tunnel can cause numbness, tingling, and weakness in the hands, making it hard to complete even basic tasks. Workers’ comp benefits can cover treatment and lost wages if a medical professional diagnoses you with this condition.

Construction Accidents

Construction sites are inherently dangerous, and even with safety measures in place, workers face daily risks from heavy machinery, power tools, falling debris, and hazardous materials. We handle claims involving falls, crush injuries, and equipment malfunctions. If you are a construction worker hurt on the job, we can help you secure the benefits you are entitled to under North Carolina law.

Electrocution Accidents

Electricians, utility workers, and construction laborers are particularly vulnerable to electrocution injuries, which can cause burns, nerve damage, heart complications, and death. Survivors of electric shock incidents often need extensive medical care and time away from work to recover. We pursue full compensation for those affected by electrical hazards on the job.

Factory and Warehouse Injuries

From forklift accidents to repetitive motion disorders, factory and warehouse workers are at risk for a variety of injuries. Slips and falls, heavy lifting injuries, and being struck by objects are common. These workplaces also often involve long shifts and physically demanding work, which can contribute to chronic pain and cumulative trauma injuries over time.

Ladder and Scaffolding Accidents

Falls from ladders or scaffolding can result in catastrophic injuries, including broken bones, spinal injuries, and traumatic brain injuries. These types of incidents are prevalent in construction, roofing, and maintenance work. We help injured workers and their families pursue the full range of workers’ compensation benefits after a fall from height.

Law Enforcement and Police Injuries

Police officers and other law enforcement professionals face unique occupational hazards every day, ranging from violent confrontations and vehicle accidents to exposure to harmful substances or psychological trauma. We understand the nature of law enforcement work and are experienced in helping injured officers recover the workers’ comp benefits they have earned.

Mesothelioma and Occupational Illness

Exposure to toxic substances like asbestos, lead, and industrial chemicals can lead to life-threatening illnesses such as mesothelioma, silicosis, or chronic respiratory diseases. These conditions often take years to develop but are nonetheless compensable under North Carolina workers’ compensation law. We have the resources and experience to handle complex occupational illness cases with care and diligence.

Work-Related Illnesses

Not all injuries result from a sudden accident. Many workers suffer from long-term exposure to hazardous materials, environments, or conditions. This can include respiratory illnesses, skin disorders, repetitive stress injuries, or conditions caused by high-stress work environments. Whether you have developed a disease over time or are dealing with a worsening chronic condition, we will help you document the connection to your job and pursue the benefits you deserve.

Navigating the Workers’ Compensation Process

The workers’ compensation process in North Carolina can be complex and intimidating, especially when you are also trying to recover from an injury. Here is a general overview of the steps involved and how a New Bern workers’ compensation lawyer from our firm can assist you:

  • Report your injury immediately: North Carolina law requires you to notify your employer of your injury within 30 days of the accident or diagnosis of an occupational disease. This is a critical first step, and delays can lead to denial. Our firm can help ensure proper, timely notification.
  • Seek medical treatment: Get immediate medical attention for your injury. Tell the doctor that your injury is work-related. Medical documentation is vital to your claim. Your employer may direct your initial medical care.
  • File a formal claim: To initiate your claim with the NCIC formally, you must file a Form 18. You should file this form within two years of the injury date. Missing this deadline is a common reason for claim denial. We can file this form accurately and promptly.
  • Employer/insurer response: Your employer must file a Form 19 with the NCIC. Within 14 days of receiving your claim, the employer or their insurer will file a Form 60 if they accept your claim or a Form 61 if they deny it. Sometimes, an insurer will file a Form 63, which allows them to pay some benefits while still investigating the claim without fully accepting liability.
  • Claim acceptance or denial: If the NCIC accepts your claim, benefits should begin. However, disputes over the extent of treatment, appropriate wage rates, or return-to-work status can still arise. If the NCIC denies your claim, you can appeal. This typically involves requesting a hearing before a Deputy Commissioner of the NCIC.
  • Mediation: Before a formal hearing, the NCIC typically orders a mediation conference. This is an informal process where both parties attempt to reach a settlement with the help of a neutral mediator. Our workers’ compensation attorneys are skilled negotiators who can represent your interests effectively in mediation.
  • Hearing: If mediation is unsuccessful, your case will proceed to a formal hearing before a Deputy Commissioner. This is like a trial, with evidence presented and witnesses testifying.
  • Appeals: If you disagree with the Deputy Commissioner’s decision, you can appeal to a 3-judge Full Commission and then potentially to the North Carolina Court of Appeals and the North Carolina Supreme Court.

Common Pitfalls and How Our Workers’ Compensation Attorneys Help Avoid Them

The workers’ compensation system is designed to be accessible; however, it is also complex. Potential pitfalls that can jeopardize your claim include:

 

  • Delayed reporting: Failing to report your injury within 30 days
  • Missed deadlines: Not filing Form 18 within two years
  • Insufficient medical evidence: Not seeking prompt and consistent medical treatment, or failing to link your injury to your work clearly
  • Pre-existing conditions: Insurers often try to deny claims by arguing that your injury is due to a pre-existing condition. We can contend that your work substantially aggravated a pre-existing condition, which is compensable.
  • Disputes over injury occurrence: Your employer or their insurer may dispute that the injury happened at work or in the course of your duties.
  • Incomplete or inaccurate paperwork: Errors on forms can lead to delays or denials.
  • Non-compliance with medical advice: Failing to follow your doctor’s prescribed treatment plan can harm your claim.
  • Independent medical exams (IMEs): The insurer may require you to attend an IME with a doctor of their choosing. This doctor’s opinion may conflict with your treating physician’s, and our attorneys can prepare you for this and challenge unfavorable reports.
  • Surveillance: Insurance companies sometimes hire private investigators to conduct surveillance on injured workers. Our team can advise you on how to conduct yourself.
  • Settlement offers: Insurers may offer a lump sum settlement. While this can provide closure, it is crucial to understand the long-term value of your claim before accepting. Many offers are low-balled, and our experienced lawyers can evaluate whether it is fair.

 

An experienced New Bern workers’ compensation lawyer from Ricci Law Firm Injury Lawyers can anticipate these challenges and strategically navigate them, protecting your rights and maximizing your potential benefits. We handle all the paperwork, communicate with the insurance company, coordinate with medical providers, and represent you in mediations and hearings.

 

Why Injured Workers in New Bern Trust Ricci Law Firm Injury Lawyers

We know that a workplace injury can physically, emotionally, and financially upend your life. That is why we focus on more than just the legal side of your case. We focus on you. With over 150 years of combined legal experience and a commitment to helping injured workers across Eastern North Carolina, we have built a reputation for being compassionate and relentless.

We have recovered millions of dollars in benefits and settlements for our clients, results that speak to our experience and dedication. However, what truly sets us apart is how we treat our clients with honesty, respect, and unwavering support. Here is what you can expect when you choose our New Bern workers’ compensation team:

  • Clear communication: We keep you informed. You will always know where your case stands and where it is headed. Our clients appreciate our accessibility and responsiveness.
  • Straightforward advice: We do not sugarcoat things or make empty promises. You will receive honest, practical advice based on decades of workers’ compensation experience. We will give you the facts to make an informed decision.
  • Fierce advocacy: Insurance companies know who we are, and they know we mean business. We have fought and won against some of the largest employers and insurers in North Carolina. Our past successes include securing over $4,000,000 for an industrial worker with a brain injury and $2,750,000 for a worker who suffered significant injuries after an accident.
  • Personalized attention: You are never just a case number to us. We take the time to understand your story, injury, and goals. Every client gets a tailored legal strategy and direct access to our dedicated legal team.

Let us carry the legal burden so you can focus on your recovery. We are proud to serve New Bern and all of Craven County. When your health, livelihood, and future are on the line, Ricci Law Firm Injury Lawyers will be in your corner every step of the way.

Contact Our New Bern Workers’ Compensation Lawyer Today

Ricci Law Firm Injury Lawyers is here to help, whether you are just starting the process or the NCIC has already denied your claim. Schedule your free case evaluation today. We will discuss your case, rights, and the path forward. Our New Bern workers’ compensation lawyers fight for working people and are ready to fight for you.