Asheville Workers’ Compensation Attorney

When you choose our Asheville workers’ compensation lawyers to represent you, you can expect:

• Experience: Our personal injury firm has been serving clients in Asheville and throughout North Carolina for years, and we have a proven track record of success in handling workers’ compensation cases. We have the knowledge and expertise to effectively navigate the complexities of the workers’ compensation system and help you achieve the best possible outcome for your case.
• Dedication: We are passionate about helping injured workers get the compensation they deserve. We will work tirelessly on your behalf to gather evidence, negotiate with insurance companies, and advocate for your rights every step of the way. You can trust that we will always have your best interests at heart.
• Personalized Attention: We understand that every case is unique, and we will take the time to listen to your story, understand your needs, and develop a legal strategy that is tailored to your specific circumstances. You will have direct access to your attorney throughout the process, and we will keep you informed and involved at every stage.
• Results: Our goal is to achieve the best possible outcome for every client we serve. Whether through negotiation or litigation, we will fight aggressively to ensure that you receive the maximum compensation available for your injuries. We have a proven track record of success in securing favorable settlements and verdicts for our clients.

North Carolina Workers’ Compensation Laws

Workers’ compensation laws in North Carolina are designed to provide financial protection and medical benefits to employees who suffer work-related injuries or illnesses. These laws aim to ensure that injured workers receive necessary medical treatment and compensation for lost wages without the need for costly and time-consuming litigation.

North Carolina’s Workers’ Compensation Act covers most employers who have three or more employees, including part-time and seasonal workers. Certain industries, such as agriculture and maritime, may have specific coverage requirements. Coverage extends to injuries or illnesses that occur during the course and scope of employment, including accidents, occupational diseases, repetitive stress injuries, and aggravation of pre-existing conditions.

The following are the common types of workers’ comp benefits:

• Medical Benefits: Injured workers are entitled to receive necessary medical treatment, including doctor visits, hospitalization, medication, rehabilitation services, and other related expenses.
• Wage Replacement: Workers who are unable to work due to a work-related injury or illness may be eligible for wage replacement benefits, typically calculated as a percentage of their average weekly wage, subject to statutory maximums and minimums.
• Permanent Disability: Workers who suffer permanent impairments as a result of a work-related injury may be entitled to additional compensation for permanent disability, which is determined based on the extent of the impairment and its impact on the worker’s earning capacity.
• Vocational Rehabilitation: In cases where an injury prevents a worker from returning to their previous job, vocational rehabilitation services may be available to help them obtain new employment or develop new skills.
• Death Benefits: If a worker dies as a result of a work-related injury or illness, their dependents may be entitled to death benefits, including compensation for funeral expenses and ongoing financial support.

To obtain workers’ compensation benefits in North Carolina, injured workers must report their injury to their employer as soon as possible, preferably within 30 days of the accident or diagnosis of the illness. Employers are required to provide injured workers with a claim form and notify their workers’ compensation insurance carrier of the injury. If a claim is disputed or denied by the insurance company, injured workers have the right to request a hearing before the North Carolina Industrial Commission, which oversees workers’ compensation disputes in the state.

How Long Do You Have to File a Claim?

In North Carolina, injured workers must adhere to strict deadlines to preserve their right to workers’ compensation benefits. Generally, you have two years from the date of the workplace injury or the diagnosis of an occupational illness to file a workers’ compensation claim. However, the process begins much earlier with the requirement to notify your employer about the injury.

Under state law, injured employees are required to inform their employer of the injury within 30 days of the incident. This notification can be given verbally, but it is strongly recommended to provide written notice to ensure a clear record of the report. Failing to notify your employer within this timeframe may jeopardize your eligibility for benefits.

The two-year filing deadline is equally critical. Missing this statute of limitations typically results in the loss of your right to seek compensation, regardless of the injury’s severity or the circumstances. Because each case is unique, exceptions or extensions may apply under specific conditions. Seeking legal guidance early can help ensure compliance with all deadlines and protect your claim.

Contact Our Workers’ Compensation Lawyers in Asheville Today

At Lanier Law Group, P.A., we offer comprehensive legal services to clients who have been injured on the job. Our workers’ compensation practice includes:

• Case Evaluation: If you’ve been injured at work, it’s important to understand your rights and legal options. We offer free initial consultations to help you understand the workers’ compensation process and determine the best course of action for your case.
• Claim Filing: Filing a workers’ compensation claim can be complex, with strict deadlines and requirements that must be met. Our attorneys will guide you through the process, ensuring that your claim is filed correctly and on time.
• Evidence Gathering: Building a strong workers’ compensation case requires thorough investigation and gathering of evidence. We will work diligently to collect medical records, witness statements, and other evidence to support your claim.
• Negotiation: Our Asheville workers’ compensation attorneys are skilled negotiators who will work tirelessly to reach a fair settlement with the insurance company on your behalf. We will fight for maximum compensation for your medical expenses, lost wages, and other damages.
• Litigation: In some cases, negotiations with the insurance company may not be successful, and litigation may be necessary to pursue the compensation you deserve. Our trial-tested attorneys have the courtroom experience to effectively advocate for your rights in court.
• Appeals: If your workers’ compensation claim has been denied, don’t give up hope. Our workers’ compensation attorneys in Asheville can help you file an appeal and fight for the benefits you’re entitled to under the law.