Workers Comp Attorney in Fayetteville NC
A workplace injury can be devastating and limit your ability to work, earn a living, and support yourself and your family. With the aid of workers’ compensation, you can offset these losses and their effect on your life. Securing these benefits can be complicated at times, and a workers’ comp attorney in Fayetteville, NC will stand by you and be your advocate.
At Ricci Law Firm Injury Lawyers, we help you rebuild your life after you have been injured on the job. With more than 150 years of combined experience, our highly qualified Fayetteville personal injury lawyers are equipped to navigate the workers’ compensation system and secure results. We do not back down when there is resistance, and we fight all the harder for you so you are able to move forward with your life.
Ricci Law Firm Injury Lawyers Safeguards Your Claim
When you choose the Ricci Law Firm Injury Lawyers, you receive an experienced cadre of legal professionals who have an in-depth knowledge of workers’ compensation laws and their nuances. You can be confident that your questions will be answered and that you will receive trusted counsel that is tailored to the needs of your specific case. We discuss your options with you and fight to ensure you have options.
We also understand the obstacles that can arise during a workers’ compensation claim, and are prepared to act quickly when insurance companies try to get away with not paying you fairly. In these situations, legal representation is essential, and the consequences of not hiring a lawyer are significant. We step in when your application or claim is being delayed, your benefits checks are withheld, or your benefits were miscalculated. We fight to ensure you do not lose money.
How North Carolina’s Workers’ Compensation System Works and Who Is Eligible
Employers are required by law to compensate employees for injuries caused on the job in the course of employment. The purpose of workers’ compensation is to protect both the employee and the employer when accidents occur. Employees are able to recover their losses without having to establish who was at fault, and employers are protected from liability and lawsuits. This no-fault approach can also reduce the time it takes to recover compensation.
The workers’ compensation process and its limitations are dictated in North Carolina’s Workers’ Compensation Act. This expansive set of laws lays out the rights of employees and employers so each party understands their role in the process and what timelines they need to follow. It also helps employees know what to expect so they can receive workers’ compensation benefits swiftly, so you can recover and return to work as soon as possible.
To be eligible for workers’ compensation benefits, your accident must have been accidental and occurred while you were gainfully employed and carrying out your work responsibilities. Your resulting claim will most likely be filed under North Carolina’s workers’ compensation plan. However, you may need to file your claim with your employer if they are not insured. Be sure to find out what type of coverage you have so you can file your claim with the correct party.
Requirements for Employers Who Choose to be Self-Insured
While most employers are enrolled in the state’s workers’ compensation plan, some employers choose to be self-insured. This means that they fund their workers’ compensation benefits themselves. Per North Carolina General Statute §97-170, a company must first be licensed by the Commissioner, as well as submit its information to the North Carolina Self-Insurance Security Association for approval. Employers must have $500,000 or more in assets to apply.
Types of Accidents that Prevent Fayetteville Employees from Being Able to Work
Accidents of all kinds can happen in the workplace for a variety of reasons. Thousands of these incidents happen every year, forcing workers to take time away from work to recover. Some may even face extended or indefinite time off the job. While every accident and injury is different, there are several common types of work-related injuries. These include:
- Vehicle collisions
- Machinery accidents
- Slip, trip, and fall accidents
- Explosions
- Exposure to chemicals and hazardous materials
- Electrical accidents
- Occupational illness or disease
- Overexertion
- Falling objects and other contact accidents
- Workplace violence
These types of accidents often happen because of human error, a lack of safety procedures, and dangerous conditions. Defective equipment and tools or poor maintenance can also contribute to these accidents. While it does not have to be shown in a workers’ compensation claim, employers, other workers, and manufacturers are common contributors to workplace accidents.
Injuries Sustained in Workplace Accidents Can Have Lasting Implications on Fayetteville Workers
With so many types of workplace accidents possible, it is unsurprising that workers face so many types of injuries on the job. Many of these injuries severely limit an individual’s ability to work and may result in long-term effects and chronic pain. Injuries workers most commonly face include:
- Broken bones
- Muscle sprains and tears
- Traumatic brain injuries
- Crushing injuries
- Internal injuries
- Chemical or thermal burns
- Loss of limb
- Electrocution
- Disfigurement
- Disability
- Paralysis
- Wrongful death
Individuals need to seek medical support immediately after a work injury. This is not only important for your claim, but also for your safety. Work injuries often result in severe damage, and prompt medical care minimizes the damage, helps with pain, and improves recovery times. Not all injuries are outwardly apparent, so your condition must be assessed by a skilled doctor. You will also likely need rehabilitative care, so it is important to talk to your doctor regularly.
How to File a Workers’ Compensation Claim in North Carolina
After suffering a work injury, your top priority, aside from receiving medical care, is to report your workplace injury to your supervisor. You should do this right away if you are able, or submit a letter within 30 days of your injury if you cannot notify them sooner. Once these first two steps are taken, you can initiate your workers’ compensation claim. You must file your claim within 30 days of the accident if you wish to seek financial compensation for your injuries.
To file a claim, you must fill out Form 18 to report the event and provide details about the incident and your injuries. The North Carolina Industrial Commission will review your claim to evaluate its merit and issue a decision upon completion. Claims may be approved, denied, or additional information may be requested to complete your claim. If you feel you have received an unfair claim denial, you can appeal the decision to have your case reviewed.
Workers’ compensation claims are subject to many legal requirements and stipulations. These factors can make cases very complex, overwhelming, and confusing. To get the most favorable results, you should hire a workers’ comp lawyer in Fayetteville, NC. Their extensive knowledge of workers’ compensation laws can simplify the claim process and help navigate obstacles. They will also protect you from unfair treatment by your employer or the insurance company.
Filing a Workers’ Compensation Claim on Behalf of a Deceased Worker
Sadly, workplace accidents can be catastrophic and result in a tragic loss of life. When a worker is killed, eligible surviving family members have the right to file a workers’ compensation claim on the decedent’s behalf for death benefits. These benefits are designed to cover the decedent’s medical care at the end of their life, funeral and burial expenses, and a loss of financial support.
Receiving Disability Benefits as Part of Your Claim
Disability benefits may be provided when your ability to work is impeded in some capacity. To accommodate different durations of time spent away from work after an accident, workers’ compensation provides partial and total disability benefits. To ensure you receive the right benefit coverage and avoid delays in the application process, it is important to partner with an experienced lawyer who can advocate for you.
Third-Party Claims and Their Impact on Workers’ Compensation Benefits
Injuries can occur on the job, but also outside of the workplace. These situations arise when someone other than your employer or coworker contributes to your harm. This could look like a vehicle colliding with you while you are making work deliveries, or you slip and fall at another business because the owner failed to resolve issues with the property’s surfaces. In these situations, you may be able to file a third-party claim against the person responsible.
In a third-party claim, you can file a claim directly against the person who caused your injuries. This type of claim is generally more of a personal injury type of case and means you may be able to recover losses related to your pain and suffering, as well as monetary losses. With this type of claim, you will have to demonstrate the other party’s negligence before you can recover damages, which can increase the time it takes to receive compensation for your losses.
You may be able to file a third-party claim and workers’ compensation claim simultaneously, but you need to consider the implications of this. These types of claims are meant to complement each other. In some situations, you may have to repay workers’ compensation benefits if you receive compensation for the same losses in a third-party claim.
To ensure you do not miss out on compensation you are entitled to receive, be sure to talk with your attorney before taking action. They can help assess your situation to determine what course of action will be most beneficial to your circumstances. Your lawyer will work with you as you complete the application requirements. If you are filing a third-party claim and a workers’ compensation claim, a lawyer can help you navigate the intricacies of these situations.
The Type of Claim You File Impacts the Compensation You Can Receive
Compensation is the goal in any workers’ compensation claim. This is what fuels your recovery and ability to return to work after being hurt. It also reduces your stress and the financial impact on your life. Your losses and the type of claim you are filing will influence how much you are able to recover. Attorneys help you evaluate how much your claim is worth so you can be sure you are receiving a fair settlement or verdict in your case.
If you file a workers’ compensation claim, it generally covers the cost of your medical care and lost income from being out of work. It will also cover partial or total disability benefits as needed. Conversely, if you file a third-party claim, you may be able to recover the same losses as you can in a workers’ compensation case, plus pain and suffering, emotional and mental distress, diminished quality of life, and loss of companionship.
Be Aware of What Time Limits Apply to Your Case
All claims generally have a time limit for taking action. This allows you time to learn the extent of your injuries, get immediate care, and build your case, while ensuring you cannot pursue a claim many years after the fact. However, different types of accidents are subject to different time limits, so it is important to pay close attention to which ones are applicable to your case.
The same is true when it comes to workers’ compensation claims and third-party claims for work injuries. The statute of limitations for a workers’ compensation claim is generally two years for injuries and two years for occupational diseases. However, third-party claims have a time limit of three years. If you are unsure which timeline applies to you, contact a lawyer to discuss your options.
Contact Our Workers Comp Attorney in Fayetteville NC
Ricci Law Firm Injury Lawyers is committed to getting results for you and easing your worries. We understand how an injury can disrupt your whole life, and we fight to ensure that your claim is not unfairly denied or held up. We work tirelessly to advocate for you and support you during the aftermath of your accident. Let our team help you with your claim when you schedule a free consultation with our firm today.