North Carolina Workers Compensation Lawyers

injured worker eligible for workers compensation

Workers’ compensation benefits exist to help injured employees who need medical care and financial assistance when they are hurt on the job. Unfortunately, if you are hurt in a workplace accident, it can be difficult to figure out which doctor to see for your treatment, let alone manage complicated legal forms. Oftentimes, getting full workers’ compensation benefits is much more difficult than it should be. That’s why you need a skilled North Carolina workers’ compensation lawyer on your side.

The attorneys of Poisson, Poisson & Bower, PLLC, can help you every step of the way as you pursue the payment you need for your work-related injury. We are a family-run law firm that has spent 40 years serving workers throughout Wadesboro, Wilmington, and across North Carolina. Our attorneys are also designated by the North Carolina State Bar as Board-Certified workers’ compensation specialists.

How to File a Workers’ Comp Claim in North Carolina

If you were injured in a North Carolina workplace accident, you can take several important steps to protect your right to recover workers’ compensation benefits:

Notify your employer of your injury and seek prompt medical attention. You may be asked to visit a specific healthcare provider chosen by your employer. However, if your employer does not designate a provider, you may visit your own doctor.
Follow through on the doctor’s treatment orders. Make sure you thoroughly describe your injury and symptoms to your doctor and follow any directions you receive for treatment.
Submit a written report to your employer within 30 days. Even if you have already notified your employer in person, write out a simple statement about what happened and when. Submit the report to your employer within 30 days of the injury and keep a copy for your records.

What Do NC Workers’ Compensation Benefits Cover?

The benefits you could receive from a North Carolina workers’ compensation claim include:

Any reasonable and necessary medical care for your injuries
Reasonable travel expenses to access medical treatment more than 20 miles roundtrip
Vocational rehabilitation services such as education and retraining
Temporary total disability benefits, which replace up to two-thirds of your lost weekly wages if you are unable to work or unable to complete your previous tasks at work
Temporary partial disability benefits, which replace two-thirds of the difference between your average weekly wage prior to the injury and the reduced earnings you may have after your return to work
Permanent partial impairment benefits, which pay a portion of your pre-injury average weekly wages for a designated number of weeks based on the type and severity of the disability you suffer after you reach maximum medical improvement
Attendant care payments to friends or family who care for you pursuant to a doctor’s recommendation

How Long Does It Take to Receive Benefits?

Any medical bills related to the treatment of your work-related injury should be covered by your employer or its insurance provider as soon as you file a workers’ comp claim. Simply notify the healthcare provider that you have filed or plan to file a workers’ comp claim, and your doctor can bill your employer or the insurance carrier directly.

The timeline for lost wages benefits is a little more complicated. If you are unable to work, you are not eligible to receive benefits for the first seven days of missed work unless you end up missing work for 21 days or more. However, once you miss more than 21 days of work due to your injury, you may be entitled to retroactive compensation dating back to your first day of missed work.

When You Deserve More Than Workers’ Comp

Workers’ compensation is a type of no-fault insurance that allows injured workers to recover compensation regardless of who was responsible for their injuries. However, workers’ comp benefits don’t always fully compensate people who suffer severe injuries on the job.

If you were hurt at work due to a third party’s negligence, you may have grounds to pursue additional compensation by filing a personal injury lawsuit. Common work-accident situations caused by third parties could include car accidents that occur on the job, delivery drivers who fall on dangerous property, and accidents related to product defects.

Deadlines for Workplace Injury Claims

Important deadlines to keep in mind when you file a workplace injury claim include:

30 days – You have 30 days from the date of your work-related accident to notify your employer of your injury in writing.

Two years – There is a two-year deadline for filing a workers’ compensation claim with the NCIC by submitting a completed Form 18.

Three years – If you are eligible to file a third-party injury claim in North Carolina, you generally have up to three years from the date of the accident to file your lawsuit. If you miss North Carolina’s statute of limitations deadline, you may lose your right to pursue compensation.

Tips for Protecting Your Rights After an Injury at Work

If you are injured at work, you can protect your rights by taking the following steps:

Notify your employer of your injury as soon as possible.

Submit a written report of injury to your injury within 30 days.

Seek immediate medical attention with the doctor designated by your employer or its insurer and follow your doctor’s orders.

Document everything you remember about the incident.

Take photos of your injuries and the location where your injuries occurred.

Ask co-workers and other eyewitnesses for statements.

Maintain a record of your medical bills and other related expenses.

Contact a trusted North Carolina workers’ compensation attorney for a free case review and for help filing your claim; or if your claim was denied.

Common Workplace Injuries

Workplace accidents are common and may result in a wide range of injuries. Some of the most common job-related injuries include:

Slips, trips, and falls
Repetitive strain injuries
Motor vehicle accident injuries
Falling or flying object injuries
Falls from heights
Impacts against stationary objects
Overexertion strains

Cuts and lacerations
Toxic fume inhalation
Electrocutions
Machinery entanglements
Excessive noise exposure
Workplace violence
Occupational illnesses

Keep in mind most of the above injuries will keep you from working while recovering; however, if a doctor sees fit you may work under certain limitations.

Work Injury

Who is responsible if I’m hurt in a car accident at work?

Any time you are injured in a car accident, the driver or other party who caused the crash is considered responsible for the injuries and other losses you suffer. You have the right to file a personal injury claim against the at-fault party to recover compensation. However, if you are injured in a car accident while you are performing work-related tasks or driving a company vehicle, your employer may also owe workers’ compensation coverage. In this case, you would also have the right to file a workers’ compensation claim with your employer’s insurance company, regardless of who caused the accident. You could and should file both claims, the personal injury claim against the at-fault driver and the workers’ compensation claim with your employer.

Can you sue your employer for a work injury?

In most circumstances, you agree to refrain from suing your employer in a personal injury claim for work-related injuries when you accept workers’ compensation benefits. However, there are certain situations in which you may have the right to sue your employer, including:

Your injury was caused by the gross negligence or intentional actions of your employer.
You were injured by a defective product manufactured by your employer.
You are an independent contractor and ineligible for workers’ comp benefits.
A temp or staffing agency is involved.

Can you file for workers’ comp and a personal injury lawsuit?

In limited circumstances, yes. If your work injury was caused by someone other than your employer or a co-worker, you may have grounds to file a workers’ comp claim and a personal injury lawsuit. For example, if you were hurt in a car accident by a negligent driver while you were driving for work-related purposes, you could file both types of claims to recover full compensation.

How much does it cost to hire a work injury attorney?

The work injury lawyers at Poisson, Poisson & Bower, PLLC, offer legal representation on a contingency basis. This means we do not get paid unless and until we win compensation for our clients. There is no upfront cost to you when you hire our work injury attorneys. Any legal fees we charge would come as an agreed-upon percentage of any settlement money you receive for your claim.

How Our Workers’ Comp Lawyers in North Carolina Can Help You

Workers’ compensation claims are unique, often involving complexities that can be difficult to recognize or navigate without experience. Here at Poisson, Poisson & Bower, PLLC, our attorneys are designated by the North Carolina State Bar as Board-Certified Workers’ Compensation specialists. We have the knowledge, skills, and resources needed to handle even the most complicated workers’ comp claims.

If you were injured on the job, we will fight to protect your rights and recover the compensation you need to get back on your feet. Contact us today to discuss the details of your claim in a free, confidential consultation.

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