Raleigh Workers Comp Attorney

Raleigh Workers Comp Attorney

A workplace accident can happen in an instant and leave you facing medical bills, lost income, and uncertainty about your future. For employees across North Carolina, the workers’ compensation system is designed to provide benefits for injured workers without the need to prove fault. Unfortunately, many workers find the process confusing, stressful, and full of obstacles. Employers or insurance companies may deny claims, delay benefits, or limit payments.

At Ricci Law Firm Injury Lawyers, our Raleigh workers comp attorney law firm is on top of it when it comes to protecting your rights. With decades of combined experience handling workers’ compensation cases, we know how to fight back against insurers and help you obtain the benefits you deserve.

Understanding Workers’ Compensation in North Carolina

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who are injured on the job. In exchange, employees typically cannot sue their employer for negligence. The system is meant to be straightforward, but in practice, workers often face challenges in receiving fair benefits.

In Raleigh, workers’ compensation claims may arise from many industries:

  • Construction Work: Falls, equipment accidents, and electrocution are common.
  • Healthcare: Nurses and aides suffer injuries from lifting patients or exposure to illness.
  • Factory Work and Warehousing: Heavy machinery, repetitive stress, and forklift accidents pose risks.
  • Transportation and Delivery: Truck drivers and couriers face risks from roadway crashes.
  • Office Jobs: Even desk workers may develop repetitive strain injuries or trip-and-fall accidents.

No matter your occupation, if your injury occurred in the course and scope of your employment, you may be entitled to benefits.

Eligibility for Workers’ Compensation in Raleigh

In North Carolina, most employers with three or more employees must carry workers’ compensation insurance. Eligible employees include full-time, part-time, and seasonal workers. Independent contractors are generally excluded, though misclassification is a common problem.

To qualify, you must show that:

  • You were an employee covered by your employer’s workers’ compensation insurance.
  • You suffered an injury by accident or an occupational disease.
  • The injury or disease arose out of and in the course of your employment.

For example, a nurse at WakeMed who strains her back lifting a patient, or a construction worker injured by falling debris on a downtown Raleigh job site, would likely be covered.

Common Workplace Injuries

Workers’ compensation covers a wide variety of injuries and illnesses, including:

These injuries often require extensive medical care and time away from work, making workers’ compensation benefits essential.

Why Choose Ricci Law Firm for Workers’ Compensation Cases?

Workers across Raleigh choose Ricci Law Firm Injury Lawyers because we are relentless advocates who care deeply about our clients. We combine over 150 years of collective experience with a proven record of success.

  • We offer free consultations.
  • We work on a contingency fee basis—you pay nothing unless we win your case.
  • We prepare every case as if it will go to a hearing or trial, giving us leverage in negotiations.

Filing a Workers’ Compensation Claim

The claims process in North Carolina requires specific steps and strict deadlines.

Report the Injury

You must notify your employer in writing within 30 days of the accident or discovery of a work-related illness.

Seek Medical Treatment

Your employer or insurer has the right to direct your medical care. That means you may need to see a doctor chosen by them, though you can request a second opinion.

File Form 18

To formally begin a claim, you must file Form 18 (Notice of Accident to Employer and Claim of Employee) with the North Carolina Industrial Commission. This should be done within two years of the injury.

Employer’s Responsibility

Your employer must file Form 19 (Employer’s Report of Employee’s Injury) to notify the insurer and the Industrial Commission.

Missing deadlines or failing to follow procedures can jeopardize your claim, which is why many workers choose to consult with an experienced Raleigh workers’ comp lawyer early in the process.

Types of Workers’ Compensation Benefits

Benefits available under North Carolina law include:

  • Medical Benefits: Coverage for treatment, hospital visits, surgery, prescriptions, and rehabilitation.
  • Temporary Total Disability (TTD): Wage replacement when you are unable to work during recovery.
  • Temporary Partial Disability (TPD): Benefits if you return to work at reduced wages.
  • Permanent Partial Disability (PPD): Compensation for lasting impairment based on a doctor’s impairment rating.
  • Vocational Rehabilitation: Assistance with retraining or finding new employment if you cannot return to your previous job.
  • Death Benefits: Payments to surviving dependents if a worker dies from a job-related injury or illness.

Workers’ Comp Death Benefits in North Carolina

When a worker in Raleigh dies due to a job-related accident or illness, surviving family members may be entitled to death benefits. These typically include:

  • Two-thirds of the worker’s average weekly wage, paid to dependents (usually a spouse or minor children) for up to 500 weeks.
  • Funeral expenses up to a statutory limit.

Death benefits provide essential financial support to families during a devastating time, ensuring they are not left without income after losing a loved one.

Denied Workers’ Comp Claims

Many valid workers’ compensation claims are denied, often leaving injured employees frustrated. Common reasons for denied workers’ comp claims include allegations that the injury was not work-related, claims that it was pre-existing, missed reporting or filing deadlines, or disputes over whether the worker is an employee or an independent contractor.

For instance, insurers may argue that a back injury is tied to a prior condition or that you waited too long to report the accident. Employers may also misclassify workers to avoid coverage.

Appealing a Denied Workers’ Compensation Claim

If you’re wondering what to do when a workers’ comp claim is denied, you have the right to appeal to the North Carolina Industrial Commission. The process can include mediation, a hearing before a deputy commissioner, and appeals to the Full Commission or higher courts.

Because insurers often rely on technicalities, having a skilled Raleigh workers’ comp attorney gather evidence, question medical experts, and represent you during hearings can significantly improve your chance of overturning a denial.

Third-Party Claims in Workplace Accidents

Workers’ compensation typically prevents you from suing your employer, but you may pursue a third-party personal injury claim if someone else caused your injury.

For example, you may sue a manufacturer if defective equipment caused your accident, a negligent driver if you were hurt in a crash while on the job, or a subcontractor whose unsafe practices created hazardous conditions on a construction site.

Why Third-Party Claims Are Crucial for Injured Workers

Third-party claims are valuable because they enable recovery beyond workers’ compensation benefits. While workers’ compensation pays medical bills and part of lost wages, a third-party lawsuit can cover pain and suffering, full wage loss, and emotional distress.

These cases involve different rules and defendants, so it’s essential to work with a Raleigh workers comp lawyer who can coordinate both claims and maximize your recovery while ensuring compliance with state lien and reimbursement laws.

The Role of a Raleigh Workers’ Comp Attorney

The workers’ compensation system is supposed to protect workers, but in reality, the process often favors employers and insurers. A knowledgeable attorney can:

  • Ensure your claim is filed correctly and on time.
  • Gather medical evidence and expert testimony to support your case.
  • Challenge claim denials and represent you in hearings.
  • Negotiate settlements that account for your future needs.
  • Identify potential third-party claims for additional compensation.

At Ricci Law Firm Injury Lawyers, we have decades of experience handling North Carolina workers’ compensation cases. Our workers’ comp attorneys are familiar with the tactics insurers use to minimize payments, and we are prepared to fight for the benefits you deserve.

Common Mistakes That Can Jeopardize Your Workers’ Compensation Claim

Even with a valid workplace injury, certain mistakes can seriously damage your ability to receive benefits. Many of these errors happen simply because injured workers don’t realize how strict North Carolina’s workers’ compensation system can be. By knowing what to avoid, you can protect your rights and strengthen your claim.

Failing to Report the Injury Promptly in Writing

One of the biggest pitfalls is waiting too long to notify your employer. North Carolina law requires that you report your injury in writing within 30 days of the accident. Verbal notice isn’t enough—if you don’t provide written documentation, your employer or insurer may argue that the injury never occurred or was unrelated to your job. Always provide a written statement and keep a copy for your records.

Not Following Up With Employer-Approved Doctors

In most cases, your employer or its insurance carrier chooses the doctor who will treat your work-related injury. While this may feel limiting, you must comply to keep your benefits. Skipping appointments or seeking unauthorized medical care can result in denied payments. If you disagree with the treatment plan, you have the right to request a second opinion, but you must do so through the proper channels.

Returning to Work Before Fully Healed

Many injured employees feel pressure to return to work quickly, especially if they’re worried about job security. Unfortunately, going back too soon can worsen your injury and give the insurer an excuse to cut off benefits. Always follow your doctor’s medical restrictions and get written clearance before resuming work duties.

Giving Recorded Statements to Insurance Adjusters Without Legal Advice

After filing a claim, an insurance adjuster may ask you for a recorded statement. While this may sound routine, adjusters are trained to look for ways to minimize or deny your claim. They may ask leading questions or misinterpret your answers. Providing a recorded statement without guidance from a workers’ compensation attorney can seriously harm your case.

Missing Filing Deadlines With the Industrial Commission

Even if you reported your injury to your employer, you must also file a formal claim (Form 18) with the North Carolina Industrial Commission within two years of the accident. Missing this deadline can permanently bar you from recovering benefits. Many workers don’t realize this separate filing requirement, which is why claims are often denied.

How a Workers’ Comp Lawyer Helps You Avoid These Mistakes

These mistakes can be costly, but with guidance from a skilled Raleigh workers’ comp lawyer, you can avoid jeopardizing your case. Your attorney will ensure deadlines are met, communicate with insurance adjusters on your behalf, and confirm that your medical treatment follows the law’s requirements.

Having an advocate in your corner can mean the difference between a denied claim and the benefits you need to recover.

Frequently Asked Questions About Workers’ Compensation in Raleigh

Can I choose my own doctor?

Your employer or insurer generally directs medical treatment, but you may request a second opinion or petition for a change of physician.

What if I was at fault for my own workplace injury?

Workers’ compensation is a no-fault system. You may still be eligible for benefits even if the accident was partly your fault, unless drugs, alcohol, or intentional misconduct were involved.

What if I can never return to my job due to my injuries?

If your injury leaves you permanently disabled or unable to return to your previous job, you may be entitled to permanent disability benefits or vocational rehabilitation.

Can undocumented workers receive workers’ comp in Raleigh?

Yes. Immigration status does not affect eligibility for workers’ compensation benefits in North Carolina.

Contact Our Raleigh Workers Comp Attorney Law Firm Today

A workplace injury can turn your life upside down, but you don’t have to face the workers’ compensation system alone. With experienced guidance, you can secure the benefits you need to cover medical care, lost wages, and your family’s future. Ricci Law Firm Injury Lawyers is on top of it. To request a free claim review with our experienced Raleigh workers’ comp attorneys, contact our law firm online. You can also call us at (252) 777-2222.