It’s a sad reality that every day North Carolina workers are injured or killed on the job. If you or a family member have been unfortunate enough to suffer an injury on the job, we can see that the claim is properly and timely filed so that your interests are protected. Because of the complexity and often confusing nature of workers’ compensation cases, we can give you the applicable legal guidance, based on your injury and the facts of your case. Being injured and out of work can be a frightening time in your life and you need to have someone on your side who fully and completely understands workers’ compensation law.
At Wheatly Law Group, our Carteret County workers’ compensation lawyers can support you through each step of this complicated legal process. We have a comprehensive understanding of the laws and regulations surrounding this state-regulated insurance program. In fact, Attorney Jeff Newton was one of the first legal professionals in North Carolina to be certified by the North Carolina State Bar Board of Legal Specialization as a Board-Certified Specialist in Workers’ Compensation Law.
Unfortunately, it’s not unusual for insurance companies to deny an employee’s initial claim. We can help you complete the necessary forms, negotiate with insurance companies on your behalf, and, if necessary, guide you through the appeal process.
According to the North Carolina Workers’ Compensation Act, businesses (including sole proprietorships, partnerships, and LLCs) with three or more employees are legally required to carry workers’ compensation insurance. It doesn’t matter if the employees work full-time, part-time, or seasonally.
Workers’ compensation encompasses 4 different types of benefits:
However, as previously stated, this doesn’t necessarily mean that your employer or their insurance company is ready and willing to just dole out benefits. After all, insurance companies are in the business of making – not spending – money, and your employer likely doesn’t want to pay for increased premiums. For this reason, many employees struggle with denied claims and aren’t certain who to turn to in their hour of need. Whether you’re filing your initial claim or need to appeal a denial, Wheatly Law Group can help.
There are certain steps you must take if you want to protect your right to benefits. For example, it’s imperative that you seek medical attention as soon as you acquire or notice your occupational injury or illness. During your appointment, make sure that the doctor clearly writes that your condition is work-related in your medical record. This ensures that your healthcare provider bills your employer or their insurance company for any future appointments and treatment options. Also, make sure that you request a copy of your medical record. This is essential evidence that can bolster your claim.
Your next step is to notify your employer about your medical condition. This step should preferably be completed within 30 days of your accident or date of diagnosis of occupational disease, and the nature, and work-related cause of the disease. Your notification should preferably be in writing.
At this point, you should contact an experienced workers’ compensation attorney – if you haven’t already. Our Carteret County workers’ compensation lawyers can help you complete the Notice of Accident to Employer and Claim of Employee form (Form 18). This form needs to be filed within two years of the date of your work-related injury, but preferably within 30 days of the accident or date of diagnosis of occupational disease, and should state the nature, and work-related cause, of the disease.
Workers’ compensation covers a variety of injuries and illnesses, including:
Workers’ compensation may not cover any injuries that are caused by a workers’ impairment or willful intention to injure one’s self or another. For example, your claim may be denied if an investigation reveals that you were intoxicated and your intoxication was a proximate cause of the accident and resulting injury.
If you’re struggling with the physical and financial repercussions of a work-related injury or illness, contact the Carteret County workers’ compensation attorneys at Wheatly Law Group. We can discuss the circumstances that led to your injury and thoroughly evaluate your legal options. By listening to your story and reviewing your medical reports, we can assist you in pursuing a claim.
Contact Wheatly Law Group at (252) 728-3158 to schedule a consultation