Workplace Injury Attorneys in North Carolina
Steps to Take After a Job Injury in North Carolina
Have you been injured at work? Did you suffer a work-related illness? You may be entitled to workers’ compensation, including compensation for your medical expenses and lost wages. Benefits are typically paid for an accident or any injury or illness that developed over a period of time due to the performance of repetitive tasks, exposure to toxic substances, and other job-related factors.
However, you should note that workers’ compensation benefits do not cover non-economic damages, such as pain and suffering. Additionally, if your employer is not liable for your injury/illness, workers’ compensation will not apply. In such instances, you may be able to seek compensation from a third party who is liable.
If you are considering applying for workers’ compensation or need assistance with a third-party work injury claim, speak with a North Carolina workplace accident lawyer at Lanier Law Group to learn more about the claims process and the documentation that will be needed when pursuing a claim.
Our firm has decades of experience representing clients in work-related injury cases and can explain your legal rights regarding work injuries and how to secure the benefits that you deserve.
Identifying Common Job-Related Accidents and Injuries
Workers across all industries face certain risks while on the job. While some workers—such as construction workers—face inherently more risk due to the relatively dangerous nature of their jobs, any worker can become injured or fall ill due to work-related factors.
Some of the most common workplace accidents and injuries include:
- Slips, trips, and falls
- Explosions and fires
- Excessive heat
- Assault
- Falling debris
- Injuries suffered from moving heavy objects
- Electrocution
- Building collapse
- Poisoning
- Radiation exposure
- Toxic fumes
- Asbestos exposure
- Repetitive motion injuries
- Ladder and scaffolding falls
- Injuries caused by defective workplace products and equipment
- Heavy machinery accidents
- Commercial vehicle/truck accidents
A workplace accident can result in head injuries, back injuries, spinal cord injuries, broken bones, organ damage, burns, and brain injuries, which can require months of recovery and may even leave you with permanent disabilities and disfigurement.
When you can no longer earn a living and are faced with mounting medical bills and injury-related expenses, compensation can be crucial to helping you avoid financial hardships. Our firm can compile the documentation and medical evidence needed for your claim.
Our North Carolina workplace accident attorneys can pursue the maximum amount of benefits/compensation that you are entitled to, whether through your employer’s workers’ compensation insurance or a third-party personal injury claim.
Where Do Workplace Accidents Occur?
Workplace accidents can occur across various industries, but some sectors are more prone to them due to the nature of the work involved. Here are some of the most common industries where workplace accidents occur:
- Construction: Construction sites are known for their hazards such as falls from heights, electrocutions, being struck by objects, and accidents involving heavy machinery.
- Manufacturing: Factories and manufacturing plants have machinery and equipment that can cause injuries such as caught-in/between accidents, repetitive strain injuries, and exposure to harmful substances.
- Transportation: This includes accidents involving vehicles such as trucks, cars, and forklifts. Workers in transportation may also face risks from lifting heavy loads and slips/falls.
- Agriculture: Farming involves heavy machinery, exposure to chemicals, and potential injuries from working with livestock. Accidents can include machinery-related injuries, falls, and exposure to toxic substances.
- Healthcare: Hospitals and healthcare facilities have a high incidence of workplace accidents, including needle sticks, slips/falls, and overexertion from lifting patients.
- Mining: The mining industry involves working in challenging environments with heavy machinery, explosives, and risks of cave-ins or collapses.
- Oil and Gas: This industry involves working with heavy equipment, flammable materials, and in remote locations, leading to risks such as fires, explosions, and chemical exposures.
- Warehousing and Logistics: Workers in warehouses face risks from operating heavy equipment like forklifts, handling materials, and slips/falls from elevated surfaces.
- Retail: Despite being less hazardous compared to other industries, retail workers can still face injuries from lifting heavy items, slips/falls, and workplace violence.
- Utilities: Workers in utilities (electricity, water, telecommunications) face risks such as electrical shocks, falls from heights, and injuries related to maintenance activities.
Recovering Damages from a Workplace Accident in NC
In North Carolina, if you experience a workplace accident, there are different types of compensation you may be able to recover, depending on the circumstances of the accident and the parties involved. Here are the main types:
- Workers’ Compensation Benefits: Workers’ compensation is a system designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. It aims to protect both employees, by ensuring they receive compensation regardless of fault, and employers, by limiting their liability for workplace injuries through a no-fault insurance system. In North Carolina, as in most states, workers’ compensation is a statutory program governed by specific laws and regulations.
- Third-Party Claims: If your injury was caused by someone other than your employer or a co-worker (e.g., a contractor, subcontractor, equipment manufacturer, etc.), you may have a third-party claim against that party. This allows you to seek additional compensation beyond workers’ compensation benefits, such as pain and suffering damages, lost earning capacity, and other economic losses not covered by workers’ comp.
- Defective Products: If your injury was caused by a defective product (e.g., faulty machinery, defective safety equipment), you may have a product liability claim against the manufacturer or seller of the product. This could entitle you to compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the defective product.
- Social Security Disability Insurance (SSDI): If your workplace injury or illness is severe and expected to last a year or more (or result in death), you may be eligible for Social Security Disability benefits through the federal SSDI program. These benefits provide income support to individuals who are disabled and unable to work.
- Employer Liability Lawsuits: In rare cases, if your employer’s actions were intentional or particularly egregious (not covered by workers’ comp immunity), you may be able to file a lawsuit directly against your employer for additional damages. However, North Carolina generally limits lawsuits against employers due to the exclusivity of workers’ compensation benefits.
Navigating the complexities of these different types of compensation can be challenging. Our team of experienced attorneys can assess your case, determine all potential avenues of recovery, and help you pursue the compensation you deserve after a workplace accident.
Guidance After a North Carolina Workplace Accident
Following an on-the-job accident and/or injury, it is imperative that you see a doctor right away. A doctor can determine the full extent of your injuries and the toll it will likely take on your life, both physically and financially. In addition, your claim will also be taken more seriously if you seek medical attention immediately after you have been injured.
After you have seen a doctor, if you wish to seek workers’ compensation benefits, you need to report your injury to your employer and notify him or her in writing within 30 days after the injury. You must also notify your employer in writing if your doctor has diagnosed you with an occupational disease.
To further protect your right to workers’ compensation benefits, you must also file a claim with the Industrial Commission within two years from the date you were injured. This typically involves filing an Industrial Commission form called Form 18, which you should also give a copy of to your employer.
Should you choose to pursue a personal injury claim against a third party, you typically have three years from the date of the accident/injury (or the date at which you became aware of or reasonably should have become aware of the injury) to bring your claim.
Need Help with Your Claim?
With the skilled guidance of a North Carolina work-related injury attorney at our office, you will have a much better chance of successfully recovering compensation. We would be more than happy to meet with you discuss your rights under state and federal worker’s compensation and personal injury law, as well as address any questions or concerns you may have. We have a great deal of experience in this area of law and can help you pursue a claim in a quick and cost-effective manner.
