Charlotte Workers' Compensation Attorneys
Let Our Firm Help You Secure Your Entitled Benefits
At Lanier Law Group, P.A., we understand the challenges that injured workers face. Dealing with a workplace injury can be overwhelming, both physically and emotionally. Our team is dedicated to providing compassionate and comprehensive legal services to help you get back on your feet.
Here are some reasons to choose us as your Charlotte workers' compensation lawyer:
- Experience Matters: With decades of experience in workers' compensation cases, our attorneys have a deep understanding of North Carolina's laws and regulations. We've successfully represented countless clients, ensuring they receive the full benefits they are entitled to.
- Client-Centered Approach: We prioritize our clients' needs, providing personalized attention to each case. Our legal team takes the time to listen, understand your unique situation, and tailor our legal strategy to achieve the best possible outcome for you.
- Proven Results: Lanier Law Group, P.A. has a history of achieving favorable results for our clients. Whether through negotiations or litigation, we are committed to maximizing your compensation and helping you move forward with your life.
- No Fee Unless We Win: We believe in making legal representation accessible to everyone. Our "no fee unless we win" policy ensures that you won't pay any attorney fees unless we successfully secure compensation for you.
What is Workers' Compensation?
Workers' compensation is a crucial safety net for employees who suffer injuries or illnesses arising out of and in the course of their employment. In North Carolina, the workers' compensation system is designed to provide financial benefits and medical care to injured workers without requiring them to prove fault.
Common types of benefits available include:
- Medical Benefits: Covers the cost of necessary medical treatment, including doctor visits, hospital stays, medications, and rehabilitation services.
- Lost Wages: Provides compensation for a portion of your lost wages while you are unable to work due to a work-related injury or illness.
- Disability Benefits: Offers compensation for permanent or temporary disabilities that result from a workplace incident.
- Vocational Rehabilitation: Assists injured workers in acquiring new skills or finding alternative employment if they are unable to return to their previous job.
North Carolina Workers' Compensation Laws
In North Carolina, most employers with three or more employees are required to provide workers' compensation insurance. This coverage extends to full-time and part-time employees, as well as certain seasonal and temporary workers. Some employees, such as certain agricultural laborers, domestic servants, and federal government employees, may be exempt from workers' compensation coverage.
North Carolina law generally requires employees to report injuries within 30 days from the date of the incident. The injured worker should provide written notice to their employer, explaining the nature of the injury, how it occurred, and the date of the incident.
The employer or their workers' compensation insurance carrier usually has the right to choose the initial treating physician. However, there are circumstances under which an employee may be able to request a change of doctor.
To initiate the workers' compensation process, the injured worker must complete and file a Form 18, which is a Notice of Accident to Employer and Claim of Employee, Representative, or Dependent. Once the employer is notified, they must report the injury to their workers' compensation insurance carrier and the North Carolina Industrial Commission (NCIC), the state agency overseeing workers' compensation.
Why Were My Workers' Comp Benefits Denied?
Workers' compensation benefits can be denied for various reasons, and understanding these common reasons is essential for injured workers. While the specifics can vary by jurisdiction, including North Carolina, here are some common reasons why workers' compensation benefits may be denied:
- Failure to Report the Injury Promptly: Workers are typically required to report workplace injuries to their employer within a specific timeframe, often within 30 days. Failure to report the injury promptly may give the employer or the insurance carrier grounds to deny the claim.
- Missed Filing Deadlines: There are strict deadlines for filing workers' compensation claims. In some cases, missing these deadlines can result in a denial of benefits. Filing the necessary paperwork, such as the Form 18 in North Carolina, within the specified timeframe is crucial.
- Disputes Regarding the Work-Related Nature of the Injury: If the employer or insurance carrier disputes that the injury is work-related, they may deny the workers' compensation claim. Establishing a clear connection between the injury and the job duties is vital for a successful claim.
- No Medical Evidence of Injury: Without proper medical evidence, it can be challenging to substantiate a workers' compensation claim. This may include medical records, doctor's reports, and other evidence that demonstrates the severity and work-related nature of the injury.
- Pre-existing Conditions: If an employee had a pre-existing medical condition or injury that was exacerbated by work activities, it can complicate the workers' compensation claim. The insurance carrier may argue that the worsening of the condition is not solely due to the workplace incident.
- Failure to Seek Timely Medical Treatment: Delaying medical treatment after a workplace injury may raise questions about the severity and urgency of the injury. Seeking prompt medical attention is not only crucial for health reasons but also for the success of a workers' compensation claim.
- Intoxication or Substance Abuse: If the employer can demonstrate that the injury occurred while the employee was under the influence of alcohol or drugs, workers' compensation benefits may be denied. Employers often conduct drug tests after a workplace incident.
- Violating Workplace Policies: If the injured employee was in violation of workplace safety policies or engaged in misconduct at the time of the injury, the employer may use this as grounds to deny benefits. However, certain violations may not automatically disqualify a worker from receiving benefits.
- Independent Medical Examination (IME) Results: In some cases, the employer or the insurance carrier may require the injured worker to undergo an Independent Medical Examination. If the IME results differ significantly from the treating physician's assessment, it could be used as a basis for denial.
- Disputes Over Causation: Disputes may arise regarding the direct cause of the injury. If the employer or insurer argues that the injury is not a direct result of work-related activities, it can lead to a denial of benefits.
- Employer Disputes or Contests the Claim: Employers or their insurance carriers may contest a workers' compensation claim for various reasons, even if the employee believes the injury is valid. These disputes often lead to hearings or legal proceedings.
- Failure to Follow the Treatment Plan: If an injured worker does not adhere to the prescribed medical treatment plan or fails to attend medical appointments, the insurance carrier may argue that the lack of compliance justifies a denial of benefits.
If your claim is denied or you receive an inadequate settlement offer, Lanier Law Group, P.A. is prepared to take your case to court. Our litigation team has a proven record of success in workers' compensation trials.
We understand the financial strain that a workplace injury can cause. Our goal is to maximize your compensation, including medical benefits, lost wages, and disability benefits.
There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it's interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don't have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.- Diane W.
I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!- Phillip J.
Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.- Mario H.
The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.- Timothy M.
The Lanier Law Group provided excellent customer service! My main contact was Denise.- Malinda P.
Great experience. Tish was very helpful as my case progressed and explained all of the steps to me, leaving me with very few questions. Shea was also very helpful during the negotiation process.- Nyesha B.
Our attorneys are confident taking cases to trial and will always seek to maximize your compensation.
Regardless of when you contact our firm, we're here to make sure that you get the answers you need. We also offer weekend appointments and consultations.
After an injury, every second counts. We are available to meet with you in person, virtually, or at your location to provide the highest quality legal counsel.
Every case we take on has a team of dedicated professionals assigned to make sure that we're delivering the best possible service and results.