Gastonia Workers Compensation Lawyer

Workers Compensation Attorney in Gastonia, NC

Suffering from a workplace injury can be a frightening experience. Similarly, if you were recently diagnosed with cancer or another illness due to exposure to toxins at your North Carolina place of work, you may wonder what options are available to you. If you have sustained any workplace injury or illness, you may be eligible for certain forms of compensation, and a skilled Gastonia workers’ compensation lawyer can assist you in filing for these necessary benefits.

When you need assistance filing a workers’ compensation claim, or if your claim was previously denied, contact our attorneys at Roberts Law Firm, P.A. Our legal team has extensive experience helping clients navigate North Carolina workers’ compensation laws, ensuring that injured employees receive the full scope of benefits mandated by the state.We understand how important it is to get back to work as soon as possible, especially if your family relies on the income you bring home. Workers’ compensation claims can be difficult to fight since they are based on a state-mandated program.

At Roberts Law Firm, P.A., we fight for our clients following a work-related accident. Our workers’ compensation attorneys understand that an unexpected and accidental injury can affect your life and career capabilities for years to come. It is important to seek professional legal help from an attorney in the event that you need to file a workers’ compensation claim, or because your initial claim got denied.

Types of Gastonia Workplace Accidents and Injuries

In order to receive workers’ compensation benefits in North Carolina, you must be able to establish the following two things:

• You were employed at the time your injury took place.
• The injury or illness you are now dealing with occurred as a direct result of your employment.

There are several ways in which an individual may suffer an injury or illness due to exposure on the job. The most common types of Gastonia workplace accidents and their resulting illnesses or injuries include:

• Construction accidents. Construction sites can be dangerous places for employees. Individuals may suffer falls from scaffolding or ladders, become crushed or pinned by heavy machinery or falling objects, or trip on exposed wiring or cords. The most common injuries involved in construction accidents include head injuries such as traumatic brain injuries, neck injuries, spinal cord injuries, broken bones, and even death.
• Asbestos or toxin exposure. Some work environments may lead to the exposure of asbestos or other toxins for employees. When there is regular exposure to these chemicals or fibers, individuals can develop certain life-threatening conditions such as brain damage, and certain forms of cancer like mesothelioma, Parkinson’s disease, asthma, and leukemia.
• Fire or explosion accidents. If you were recently injured in a workplace fire or explosion, your employer’s workers’ compensation insurance should be able to cover your medical expenses and lost wages. There are many common causes of workplace fires and explosions, including the presence of hazardous chemicals, faulty electrical wiring, gas leaks, or the presence of controlled explosives.

What to Do After Suffering a Workplace Injury

There are several steps you must take in order to become eligible for workers’ compensation benefits after suffering a workplace injury. These steps include:

• Notifying your employer. The very first thing you should do is notify your employer of the accident and subsequent injury or illness by email or in a formal letter detailing what happened. Ensure that you keep a copy of this letter for yourself. If you have already told your employer in person about the accident and injury, record the date, time, and name of the individual to whom you reported the accident.
• File the required paperwork. In North Carolina, the State Industrial Commission handles all workers’ compensation cases. Employees who have been injured on the job have a duty to file their claim with the commission as quickly as possible after sustaining harm. Failing to do so could result in the permanent loss of your right to benefits. An attorney can help you fill out and file this paperwork.
• Seek medical attention. You will want to seek medical attention as quickly as possible following your injury, as doing so can offer clear evidence of the extent of your injuries.

Understanding Claims & Benefits

Workers’ compensation was created to cover medical bills, death benefits, rehabilitation, funeral expenses, and disability payments if you are unable to work for a period of time. Under North Carolina workers’ compensation laws, claims must be filed within two years of the date your accident and/or injury occurred. Failing to file within this timeframe may result in losing your right to receive benefits. You should not wait to report your injury to an employer. The injury must be work-related, although not all injuries are covered. There are different types of workers’ compensation disability benefits, including the following: total permanent disability, partial permanent disability, temporary total disability, medical only benefits and death benefits.

Total Permanent Disability

This type of disability is distinguished by an individual’s complete and total loss of the ability to work due to the injury sustained in the workers’ compensation claim. An insurance company may offer this type of disability if an individual’s injury will not improve over time or respond to treatments.

Partial Permanent Disability

This type of disability is typically given to individuals who were injured in a work-related situation, but can still work to a certain degree. A doctor will determine the extent of the injuries sustained by the individual.

Temporary Total Disability

This type of disability is generally awarded to individuals who are temporarily unable to work in any capacity. A doctor will determine the extent of the injuries and report that a full recovery is expected.

Medical-Only Benefits

This type of benefit only covers costs associated with medical bills.

Death Benefits

This disability is awarded to the family or dependents of an individual who died as a result of a work-related injury or illness. Death benefits typically cover funeral expenses and lost income to the deceased individual’s dependents.

Evidence That Can Strengthen Your Workers’ Comp Claim

One of the things that lawyers can do to help their clients file successful workers’ compensation claims is to assist with the gathering of evidence. The evidence used to support workers’ comp claims can include:

• Full medical records
• Diagnostic test results
• Written incident reports
• Witness statements
• Photo or video footage
• Functional capacity evaluations
• Personal injury diaries
• Causation reports
• Employment documents

Most of this evidence you can collect yourself and bring to your initial consultation with your lawyer. If you need help obtaining documentation from your doctor, such as a causation report, you can speak with your workers’ comp attorney about any issues you’re having. Lawyers can also interview witnesses and, if necessary, set up appointments with expert witnesses to testify at your workers’ comp hearing.

Reasons to Hire a Workers’ Compensation Lawyer

In FY 2024, there were 2,955 new injuries reported by state employees, a 5.5% increase from 2023’s rates. Overall, the Bureau of Labor Statistics reported 64.2 thousand new cases, for a rate of 1.9 per 100 full-time workers. If you’re one of the many workers in the Tar Heel state who has been injured on the job, you can hire a workers’ compensation lawyer to help you file your claim or, if necessary, appeal the denial of your benefits.

Your lawyer can help you:

• File paperwork on time
• Navigate complicated legal procedures
• Appeal denials
• Complete the application and appeal processes efficiently
• Protect your rights against employer retaliation
• Achieve fair settlement negotiations

Hiring a lawyer can help you pursue all of the benefits to which you are entitled, including medical care, wage replacement, and, if applicable, permanent disability payments.

FAQs

What Should You Not Say to a Workers’ Comp Attorney?

You should not lie or exaggerate your symptoms to a workers’ comp attorney. Your lawyer is there to represent your rights and interests, but they can only do that if they have an honest assessment of the severity of your injuries and how they occurred. You should also be honest with your lawyer about whether you have suffered similar injuries in the past, as workers’ comp insurance companies will come up with the records in researching your case.

What Are the Odds of Success in a Workers’ Comp Case?

The odds of success in a workers’ comp case vary depending on the specifics of your case. Success depends largely on having adequate documentation of the injury and its treatment and obtaining skilled legal counsel. The good news is that the majority of workers’ compensation cases settle outside of court.

Is Filing a Workers’ Comp Claim Worth It?

Filing a workers’ comp claim is worth it if you were injured on the job. Workers’ compensation insurance is designed to pay for things like medical care and make up for a certain quantity of lost wages incurred due to the injury or illness. If you’re not sure whether you have a valid workers’ comp claim, you can contact a Gastonia workers’ compensation attorney regarding your case.

Can Carpal Tunnel Be Covered Under Workers’ Compensation?

Carpal tunnel can be covered under workers’ compensation if you obtained the injury as a result of your work conditions. This is often the case for both machinists who must perform repetitive tasks using their hands and wrists and white-collar workers who spend a good deal of time typing on keyboards.

Protecting Our Clients’ Rights

We dedicate ourselves to helping injured employees across North Carolina. Our attorneys understand the stress and uncertainty experienced after an injury on the job.

If you have suffered an injury or illness as a direct result of a workplace accident or exposure to toxins, you are entitled to certain benefits or forms of compensation under your employer’s workers’ compensation insurance. Trust the team at Roberts Law Firm, P.A., to educate you on your rights as a North Carolina worker and assist you in obtaining the necessary compensation.

We are diligent about protecting our clients and assisting them with workers’ compensation claims that they may be entitled to by law. At Roberts Law Firm, P.A., we have experience handling claims involving faulty equipment, as well as slips and falls. Contact our offices today to schedule your initial consultation.

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