North Carolina Workers’ Compensation Lawyers

• Medical expenses associated with treating your injuries
• A portion of your lost wages (two-thirds of your average weekly wage)
• Death benefits, if your family member died of a work-related injury

You should be aware that if you apply for workers’ compensation benefits, you cannot sue your employer for additional damages in a civil lawsuit.

Depending on the extent and nature of your injuries, you may be eligible for temporary total disability benefits, temporary partial disability benefits, and/or permanent partial disability benefits. A workers’ compensation lawyer at our firm can help you examine your legal options based on your unique situation.

Lost Wages: How Much Are You Entitled to Receive?

When you are seeking workers’ compensation, you may be able to recover a percentage of your lost wages in addition to your medical expenses. The amount of lost wages you can recover is based primarily on the severity of your injuries.

• Temporary total disability: A temporary total disability (TTD) is a condition that causes you to be totally disabled for a limited time. For a TTD, you can receive up to 2/3s of your average weekly wage until you return to work or until your medical condition improves to the point where you can work again.
• Temporary partial disability: People who have been injured but can still work have a temporary partial disability (TPD). Those with a TPD may collect as much as 2/3s of the difference between their average weekly wage before the disability and their average weekly wage after the disability.
• Permanent total disability: If you become permanently and totally disabled (PTD) as a result of a work-related injury or illness, you can receive up to 2/3s of your average weekly wage for the rest of your life. This is a determination that would have to be litigated in front of the North Carolina Industrial Commission.

After being injured on the job, the last thing you need to worry about are confusing workers’ compensation laws and procedures. Our goal is to help you quickly obtain benefits so that you can begin rebuilding your life and moving forward.

Whether your employer is obstructing your effort to receive workers’ compensation benefits, your application for benefits has been denied, or you simply need help in general, don’t hesitate to contact an experienced attorney at our office today.

Can I Choose My Own Doctor?

If your claim for workers’ compensation benefits is accepted by the insurance carrier and employer, they have the absolute right to direct your medical treatment since they are the party paying for the treatment. This means the employer or carrier will tell you which doctor to be evaluated by. may choose a doctor for you.

You should work with one of our qualified attorneys at Lanier Law Group if you want to be evaluated by another doctor. Many times, injured workers without an attorney are tricked by the insurance company into seeing a second doctor they never would have picked if given a real choice.

It is imperative that you get permission to see a different doctor than the one your employer chose. Failure to do so can impact your worker’ compensation benefits, and you may end up getting stuck with the bill.

What Happens If My Claim is Denied?

Workers’ compensation claims can be denied for various reasons. Here are some common reasons:

• Failure to Report on Time: In North Carolina, you’re required to report your workplace injury to your employer within 30 days. If you fail to do so, your claim may be denied. But, you may be able to fight this! 
• Lack of Medical Evidence: Your claim might be denied if there’s insufficient medical evidence to support your injury or illness being work-related. This can happen if you delay seeking medical treatment or if the medical records don’t clearly link your condition to your job. It you are injured at work, it is very important to tell your doctor how the injury happened. Too often, people are vague on the details or simply fail to mention that an injury occurred at work.
• Pre-existing Condition: If your employer or their insurance company believes your injury or illness is a result of a pre-existing condition rather than a workplace incident, they may deny your claim. But, just because you have a pre-existing condition, you are not necessarily barred from benefits. You may still be able to prevail if you can show the new injury make your pre-existing condition worse.
• Dispute over Employment Status: Sometimes, employers may dispute whether you were an employee at the time of the injury, especially in cases of independent contractors or temporary workers. If your employer claims you weren’t an employee, you may face a denial. These cases are evaluated on a case-by-case basis by one of our attorneys because it is not uncommon for North Carolina employers to misclassify employees as independent contractors to avoid covering them under their workers’ compensation policy.
• Failure to Follow Procedures: There are specific procedures and paperwork requirements for filing a workers’ compensation claim in North Carolina. If you fail to follow these procedures or submit incomplete or incorrect paperwork, your claim may be denied.

Now, if your claim is denied, it doesn’t mean you’re out of options. Here are some steps you can take to obtain workers’ comp benefits after denial:

• Seek Legal Assistance: Consider hiring a workers’ compensation attorney who is familiar with North Carolina laws and procedures. An experienced attorney can help you navigate the appeals process, gather evidence, and present your case effectively.
• Appeal the Decision: You have the right to appeal a denied workers’ compensation claim. You can request a hearing before the North Carolina Industrial Commission (NCIC). During the hearing, you’ll have the opportunity to present evidence and arguments supporting your claim.
• Obtain Additional Medical Evidence: If your claim was denied due to lack of medical evidence, you can seek additional medical opinions or tests to support your case. Make sure to document all medical treatment related to your injury or illness.
• Negotiate with the Insurance Company: In many cases, the insurance company may be willing to negotiate a settlement even after denying your claim. An attorney can help you negotiate a fair settlement that compensates you for your injuries and lost wages.

Remember, obtaining workers’ compensation benefits after a denial can be challenging, but it’s not impossible. With persistence, patience, and the right legal representation, you can increase your chances of getting the benefits you deserve.

Can I Sue My Employer?

The general rule is that you cannot sue your employer for a workplace injury if your employer provides workers’ compensation insurance. This is known as the “exclusive remedy” provision, which is a fundamental principle of workers’ compensation law in most states, including North Carolina.

Under this provision, workers’ compensation benefits are intended to be the sole remedy for employees who suffer work-related injuries or illnesses. In exchange for providing these benefits, employers are generally shielded from lawsuits by their employees for workplace injuries, regardless of fault. This means that even if your employer’s negligence caused your injury, you typically cannot sue them directly.

However, there are some exceptions to this rule:

• Intentional Misconduct: If your employer intentionally caused your injury or engaged in egregious misconduct that resulted in your injury, you may be able to pursue a lawsuit against them outside of the workers’ compensation system. This is a high legal standard to meet and usually involves proving that your employer deliberately intended to harm you.
• Third-Party Liability: While you cannot sue your employer directly for a workplace injury, you may have the right to pursue a lawsuit against a third party whose negligence contributed to your injury. For example, if your injury was caused by a defective product or the negligence of a subcontractor not employed by your employer, you could potentially sue that third party for damages.
• Violation of Anti-Retaliation Laws: If your employer retaliates against you for filing a workers’ compensation claim, such as by terminating your employment, you may have grounds for a separate lawsuit based on violation of anti-retaliation laws.
• Exceptions for Certain Employers: In North Carolina, there are specific exemptions from the workers’ compensation system for certain types of employers, such as agricultural employers with fewer than 10 employees or certain casual employees. In these cases, injured workers may retain the right to sue their employers for workplace injuries.

Types of Workplace Accidents & Injuries

Our workers’ compensation lawyers in North Carolina help injured workers seek necessary benefits after all types of workplace accidents, including:

• Construction accidents
• Asbestos and toxic fumes exposure
• Ladder and scaffolding accidents
• Fires and explosion accidents
• Injuries from falling debris
• Exposure to radiation
• Traveling for work
• Providing in-home healthcare
• Slip, trip, and fall
• Combative patients