Gastonia Workplace Injury Lawyer

Experienced Workplace Injury Attorney in Gastonia, NC

Sustaining an injury at your workplace can be a frightening experience and leave you feeling uncertain about your financial stability. If you suffered a workplace-related injury or illness, you may be entitled to certain benefits under your employer’s workers’ compensation insurance. Additionally, if your injury was the result of the negligent actions of a third party, you may be able to seek civil damages, and a Gastonia workplace injury lawyer can help.

Professions Where Workplace Injuries Often Occur

Workplace accidents can occur in several fields of industry across the state of North Carolina. However, there are certain professions where accidents and exposure-related illnesses are more common. Some of these professions include construction, transportation, agriculture, healthcare, manufacturing, oil and gas, retail, utilities, and mining.

Common Workplace Injuries

There are several kinds of workplace injuries an individual can suffer, and some may even result in fatality. The most common forms of workplace injuries seen by the attorneys at Roberts Law Firm, P.A., include crushing or pinning injuries, broken bones or fractures caused by falling objects, spinal cord injuries, traumatic brain injuries, and repetitive motion injuries when everyday movement causes stress and gradual injury.

Other workplace injuries are chemical or thermal burns, electrical shock, lacerations, cuts, or bruises, as well as illnesses due to chemical, material, or toxic exposure such as cancers, lung disease, brain damage, Parkinson’s disease, or leukemia.

If you suffered any of these workplace injuries or illnesses, it’s time to contact the attorneys at Roberts Law Firm, P.A. We have the ability to review your case and determine whether or not you may be entitled to personal injury damages in addition to workers’ compensation benefits.

Recovering Damages in a North Carolina Workplace Accident

If you suffer a workplace injury or exposure illness, there are various forms of workers compensation claim you may be entitled to pursue, depending on the exact nature of the accident that caused the injury and the severity of the injury itself. These forms of compensation include the following:

• Benefits from workers’ compensation. Workers’ compensation is a system that works to provide injured or ill employees with certain benefits. These benefits can include compensation for medical bills, lost wages, future anticipated medical costs, and permanent or temporary disability should they become unable to return to work.
• Third-party personal injury claims. If your injury occurred as the result of a negligent or reckless third party involved on the job site, such as a contractor or subcontractor or the manufacturer or designer of defective machinery or tools, you may be able to hold these parties liable for additional forms of compensation.
  These can include those for medical costs, lost wages, pain and suffering, and, if the courts determine the liable party’s actions to be particularly egregious or grossly negligent, punitive damages may be awarded.

If you’re not sure what type of workplace injury claim to file, speak with an attorney.

How to Prove Liability for a Workplace Injury

If you plan on filing a third-party personal injury claim, you’ll need to prove liability for your accident. You can do that by showing:

• Duty. The person who caused your accident must have had a duty of care toward you.
• Breach. That person must have failed to uphold their duty toward you.
• Causation. The person’s breach must have caused your accident.
• Damages. You must have suffered compensable damages as a result of the breach.

You may need to collect evidence to provide proof of these four elements of a negligence claim. Your attorney can help you determine what forms of evidence are most relevant to your claim. They may include witness statements, photos, video footage, and copies of your medical records, among other documents.

Why Hire a Workplace Injury Lawyer?

In 2024, there were 2,488,400 workplace injuries in North Carolina, a total of 1,455,600 of which caused workers to miss work, need a job transfer, or require restrictions at work. In other words, if you’ve suffered an injury at work, you are far from alone.

If you’re struggling to get compensated for your injury, you need to hire a workplace injury lawyer who can help. Your attorney can help you decide whether to file a workers’ compensation claim or a civil claim in court and take the steps required to implement your plan. From filling out paperwork to gathering evidence, negotiating with insurance companies, and attending hearings, your lawyer will work tirelessly for you to get you the compensation you deserve.

FAQs

How Much Is Pain and Suffering Worth in North Carolina?

How much pain and suffering is worth in North Carolina varies. Most courts use either the multiplier method or the per diem method to determine pain and suffering. One multiplies the worth of your economic damages by a factor determined by the severity of your injuries. The other assigns a daily value for your pain and suffering that lasts as long as your injuries do.

What Should You Not Say to Workers’ Comp?

You should not say anything to workers’ comp that downplays the severity of your injuries. Avoid seemingly innocuous statements like “I’m fine” when asked how you’re doing, and be clear about the impact that your injuries are having on your daily life. If you downplay your injuries, you risk receiving less compensation or even having your claim denied entirely

What Laws Protect Injured Employees?

The primary workplace injury laws in the Tar Heel State are recorded in N.C.G.S. Chapter 97, the North Carolina Workers’ Compensation Act. This act applies to all businesses with three or more employees and allows injured workers to get access to compensation that will cover reasonable medical expenses related to the injury and partial wage replacement.

Why Don’t Employers Like Workers’ Comp?

Employers tend not to like workers’ comp because claims directly drive up their insurance premiums. Companies like ClaroMont Health and Parkdale Mills are legally required to carry this form of insurance, but some view it as a financial burden or a disruption to productivity. Employers may also dislike it when employees file claims because it jeopardizes their safety reputation.

Speak to a Trusted Workplace Injury Lawyer Today

If you were recently injured at your Gastonia place of work or have become ill after being exposed to a toxin while on the job, you have a right to recover compensation. For over 40 years, the team at Roberts Law Firm, P.A., has been assisting injured or ill workers to recover and get back on their feet following an accident.

Get in touch with our offices now to earn about how we might be able to help and to set up your first consultation with a Gastonia workplace injury attorney.

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