Durham Workers' Compensation Attorneys
Expert Representation for Workplace Injury Claims in North Carolina
Navigating the legal landscape of workplace injuries can be a daunting task. At Wallace Pierce Law, we specialize in providing expert legal assistance to those grappling with the complexities of workers' compensation claims in Durham. Our team is dedicated to ensuring that your rights are protected and you receive the compensation you deserve after a workplace incident.
Call Wallace Pierce Law today at (919) 313-2737 or contact us online to schedule a meeting with our workers' compensation attorney in Durham!
What is Workers' Compensation?
Workers' compensation is a vital safety net meticulously crafted to safeguard the interests of employees grappling with injuries or illnesses. Functioning as a no-fault insurance system, it extends crucial financial benefits and medical care to those injured on the job. This integral framework is strategically designed to facilitate a swift and equitable resolution for employees and employers, steering clear the need for prolonged and expensive litigation processes.
The workers' compensation system in North Carolina is intricately structured to encompass a broad spectrum of injuries. From unforeseen accidents to the gradual onset of occupational diseases, this system is tailored to address diverse scenarios that may unfold over time. Grasping the subtleties of this system becomes paramount when navigating the aftermath of a workplace incident, ensuring that individuals are well-equipped to understand and assert their rights in the face of adversity.
Coverage Areas of Workers' Compensation
Workers' compensation benefits encompass a range of financial and medical support for employees who have suffered work-related injuries or illnesses. The coverage includes:
- Medical Expenses: Workers' compensation covers essential medical treatments associated with workplace injuries or illnesses. This includes but is not limited to doctor visits, surgeries, prescription medications, rehabilitation, and any other incurred medical expenses vital to your recovery.
- Lost Wages: Workers' compensation can provide wage replacement benefits if your injury prevents you from working. These benefits typically amount to a percentage of your average weekly wages, helping to alleviate the financial strain during your recovery period.
- Permanent Disability Benefits: In cases where an injury results in a permanent impairment, workers may be entitled to permanent disability benefits. The severity of the impairment and its impact on your ability to work will influence the compensation you receive.
- Vocational Rehabilitation: Workers' compensation may cover vocational rehabilitation services to help injured employees re-enter the workforce. This can include job retraining, career counseling, and assistance in finding suitable employment.
- Death Benefits: In tragic cases where a workplace injury results in death, workers' compensation provides death benefits to the surviving dependents. These benefits help ease the financial burden on the family left behind.
Understanding the full extent of the benefits available under workers' compensation is crucial for ensuring that you receive fair compensation for a workplace injury's physical, emotional, and financial toll.
Criteria for Workers' Compensation Eligibility
There are three questions to consider when determining whether you qualify for workers’ compensation:
- Were you injured on the job? A lack of protective gear, proper training, unsafe working conditions, etc, may cause these injuries. However, most workers’ compensation insurance plans do not cover intentional injuries or the result of being under the influence of drugs or alcohol in the workplace.
- Has it been less than two years since the injury? In North Carolina, workers’ compensation claims typically must be filed within two years from the date of the injury.
- Have these injuries caused you to miss work, and if so, were you written out by a doctor? If a doctor writes you out and cannot work during a certain window, you may be entitled to compensation for lost wages.
If a family member was fatally injured, your family may be entitled to compensation.
Statute of Limitations for Workers' Compensation Claims in NC
In North Carolina, the statute of limitations for filing a workers' compensation claim is a critical aspect to consider. The statute of limitations sets a deadline for initiating legal action, which can jeopardize your ability to receive compensation. In North Carolina, injured workers generally have two years from the date of the injury to file a workers' compensation claim.
However, there are exceptions to this rule, particularly in cases where the injury develops gradually over time, such as occupational diseases. In these instances, the two-year clock starts ticking from when the employee discovers the connection between the illness and their workplace conditions.
How Is The Amount Of My Workers’ Comp Benefits Calculated In North Carolina?
In North Carolina, workers' compensation benefits are primarily calculated based on your average weekly wage (AWW). To determine your AWW, your total earnings over the 52 weeks before your injury is summed and divide by 52. If you haven't worked that long, the weeks you did work will be used. This includes wages, bonuses, and allowances.
Your weekly benefit is 66 2/3% of your AWW; for example, if your AWW is $600, your benefit would be about $400. State laws set maximum and minimum weekly benefit limits, adjusted annually. Factors like pre-existing conditions can complicate calculations, requiring further medical evaluations. Consulting with seasoned Durham workers’ comp lawyers ensures you understand your rights and receive fair compensation. If you need assistance, our skilled attorneys at Wallace Pierce Law are ready to answer your questions or provide experienced counsel.
Steps to Take After a Workplace Injury
To improve the likelihood of workers’ compensation covering your injury, there are specific steps you should take.
When you are injured at work, follow these procedures:
- Notify and report your injuries to your supervisor. Employees should give a written report of the accident and injury to their employer as soon as possible but no longer than 30 days after the date of injury. This can be done by filling out an NC Industrial Commission Form 18.
- Seek reasonable and necessary medical attention. If you are injured and need to see a doctor, your employer often has the right to determine where you go. However, if you are dissatisfied with the treatment you receive, you may also have the right to get a second opinion.
- Ensure you have a doctor's note if you cannot return to work due to your injuries. You must have documentation from your physician that shows you cannot work due to your work-related injuries.
- Speak to a North Carolina workers’ compensation attorney. After being injured at work, it is important to consider that your employer – more importantly, your employer’s insurance company – may not keep your best interests in mind, especially if they are responsible for paying your medical bills. Please do not hesitate to contact our office with any questions or concerns.
Maximize Your Workers' Compensation Benefits
After experiencing a work-related injury, it is crucial to understand your rights and options when it comes to workers' compensation benefits. Our team of experienced Durham Workers' Compensation Attorneys at Wallace Pierce Law can help you navigate the complex process of filing a claim and ensure that you receive the maximum benefits you are entitled to.
Benefits of working with our team include:
- Expert representation in negotiating with insurance companies
- Assistance in gathering necessary documentation and evidence for your claim
- Guidance on appealing a denied claim
- Ensuring you receive proper medical treatment and compensation for lost wages
- Peace of mind knowing that your case is in capable hands
Don't navigate the workers' compensation process alone. Contact our Durham Workers' Compensation Attorney to schedule a consultation and learn how we can help you maximize your benefits.
Contact Our Durham Workers' Compensation Attorney Today
While the North Carolina Workers’ Compensation Act is here to protect individuals injured on the job, the process can be quite difficult, and several common mistakes often derail a claim.
The attorneys at Wallace Pierce Law are here to assist in navigating the entire process for you or a loved one’s workers’ compensation claim. If you or someone you love has suffered a workplace injury, please contact our office directly, as we are here to help.
Contact Wallace Pierce Law today to meet with our workers' compensation lawyer in Durham!
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“When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”- Mary P.
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“Richard Dingus is a great attorney! And I think the best, serving in the state of North Carolina. I would recommend him for injury and bodily claim any day.”- Isaac B.
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“They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”- Coral M.
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“I retained this law firm to fight my case. I was completely shocked at the amount I received once the case was won.”- Schjuana S.
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“Mr. Pierce gave me practical advice and was very thorough in guiding me through the process. I left with a strong and positive impression of him.”- Audria L.
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“Was able to either point me in the right direction or answer any questions I had regarding the accident I was in. Thank you!”- Steven L.
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“Great Law Firm, Friendly Staff, Amazing Service. Willing to help you every step of the way.”- Caleb M.
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“I could not recommend anyone any higher than I recommend Wallace Pierce Law, they get the job done and they do it quicker and better and keep you informed along the way.”- Debby L.
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