At Horton & Mendez, our Apex workers’ compensation lawyers are dedicated to protecting the rights of workers who have been injured on the job in North Carolina. We understand the physical, emotional, and financial toll a workplace injury can take on you and your family.
That is why we fight tirelessly to secure the workers’ compensation benefits our clients need and deserve.
As former insurance defense attorneys at one of the largest law firms in North Carolina, we bring unique insight and knowledge to representing injured workers. We know the tactics insurance companies use to minimize and deny valid workers’ comp claims. We put that experience to work for you, countering their arguments, building strong cases, and not backing down until we achieve the best possible outcome.
North Carolina Workers’ Compensation Laws
The North Carolina Workers’ Compensation Act provides important protections and benefits to most employees who suffer job-related injuries or illnesses. To be eligible, your injury must have occurred in the course of your employment and resulted from an accident or specific traumatic incident.
Some key aspects of the law to be aware of:
- You must report your injury to your employer within 30 days
- You have up to 2 years to file a workers’ comp claim
- Your employer has the right to direct your medical treatment
- There are several different types of disability benefits available depending on the severity and duration of your condition
- North Carolina is one of the few remaining states that still follows the law of contributory negligence
It is this last point about contributory negligence that makes having an experienced Apex workers’ compensation attorney so critical. Under this harsh standard, if you are found to be even 1% at fault for your accident, you can be prevented from getting any workers’ comp benefits at all. The insurance company will look for any way to use this against you, which is why you need skilled legal counsel in your corner from the start.
Many injured workers make the mistake of trying to handle their claim alone, only to have it unfairly denied or receive far less than they deserve. Do not leave your benefits and your future to chance.
Let our knowledgeable Apex workers’ compensation lawyers guide you through the process and fight for your rights at every turn.
What Benefits Are Available Through Workers’ Compensation?
Depending on your specific circumstances, workers’ compensation in North Carolina can provide:
- Coverage of all reasonable and necessary medical expenses related to your injury
- Temporary total disability (TTD) payments of 2/3 of your average weekly wage if you are unable to work
- Temporary partial disability (TPD) payments if you can return to work but at reduced hours or wages
- Permanent partial disability (PPD) payments for lasting impairment to a body part
- Permanent and total disability (PTD) payments if you are left unable to work in any capacity
- Vocational rehabilitation services
- Death benefits for surviving family members in fatal work injury cases
However, obtaining these benefits is rarely straightforward. Employers and insurers frequently dispute the severity of injuries, the need for certain treatments, and whether a condition is truly work-related. They may argue that you had a pre-existing condition or that your negligence caused your accident.
At Horton & Mendez, our Apex workers’ compensation attorneys know how to counter these arguments and build strong cases supported by medical evidence, expert testimony, and thorough investigation. We explore every potential avenue of benefits and compensation to ensure you receive what you need to heal and move forward with your life.
We also assist in dealing with the complex workers’ comp system, ensuring claim forms and paperwork are completed properly and filed on time. Missing key deadlines or making mistakes on these forms can jeopardize your entire claim. Let our detail-oriented team handle the legal heavy lifting so you can focus on your health and recovery. We are here for you every step of the way.
The Importance of Promptly Reporting Your Apex Workplace Injury
If you have been hurt on the job in Apex, one of the most critical steps you can take is to notify your employer right away. Failing to timely report your injury can have serious consequences for your workers’ compensation claim. In North Carolina, you must inform your employer within 30 days of the date of injury. However, it is always best to do so as soon as possible, preferably in writing. This creates an official record of the incident and allows your employer to promptly file the necessary insurance paperwork. It also helps connect your injury to your job duties. The longer you wait, the more room you give the insurance company to question the validity and work-relatedness of your condition. Protect your rights by reporting immediately.
Advocating for Injured Workers in Apex and Throughout North Carolina
Workplace injuries can happen in any industry, from construction and manufacturing to healthcare, retail, transportation, and beyond. Our firm represents workers who have suffered all types of on-the-job injuries and conditions, including:
- Overexertion injuries from heavy lifting, pushing, pulling, carrying, etc.
- Falls from heights & slip and falls
- Being struck by falling objects or equipment
- Vehicle & heavy machinery accidents
- Crushing & caught-in/between injuries
- Repetitive stress injuries like carpal tunnel syndrome
- Occupational illnesses from toxic exposure
- Burns, electrocution & explosion injuries
- Neck, back & spinal cord injuries
- Head injuries & traumatic brain injuries
- Fractures & orthopedic injuries
- Amputations & loss of limb
Regardless of the type of work-related injury or condition you are dealing with, our legal team is here to provide the skilled representation and compassionate client service you deserve. We take the time to listen to your story, answer your questions, and advise you of your rights and options.
Our goal is to alleviate your stress and handle all the complex legal details so you can focus on your physical recovery and getting back to work if and when you are able.
In addition to handling your workers’ compensation claim, we can assist with related matters like ensuring you receive proper medical treatment, fighting against employer retaliation for filing a claim, and advising you on your rights regarding returning to work or vocational rehabilitation. We know this is an overwhelming and uncertain time, so we strive to provide clarity, guidance, and unwavering support when you need it most.
Holding Negligent Third Parties Accountable
In some situations, your on-the-job injury may have been caused by the negligence of someone other than your employer. This could be a careless driver, property owner, subcontractor, or product manufacturer. When this occurs, you may have grounds to pursue additional compensation through a third-party personal injury claim.
These cases allow you to seek damages beyond what workers’ compensation covers, including pain and suffering, lost earning potential, and punitive damages in cases of egregious negligence or intentional harmful acts. However, they also involve proving fault and liability, and this requires extensive evidence and skilled legal representation.
At Horton & Mendez, our Apex workers’ compensation lawyers also have extensive experience handling complex third-party claims and personal injury lawsuits. We frequently partner with industry experts and specialists to meticulously investigate these cases and establish clear liability.
Our worker’s compensation attorneys in Apex are accomplished trial lawyers who are fully prepared to take your case to court if a fair settlement cannot be reached.
Some common situations that may give rise to third-party work injury claims include:
- Car accidents that occur while performing work duties
- Slip and fall accidents due to hazardous property conditions
- Scaffolding collapses & other construction site accidents
- Malfunctioning industrial equipment & defective products
- Toxic substance exposure caused by negligent manufacturers or contractors
- Injuries caused by workers employed by different companies on the same job site
Wherever your path to maximum compensation may lead, you can count on our dedicated legal team to walk beside you every step of the way. We have a successful track record of results, including numerous six- and seven-figure settlements and verdicts for our deserving clients.
It is important to note that there may be strict filing deadlines for third-party injury claims that are separate from workers’ comp. To preserve your right to pursue all potential sources of recovery, it is best to speak with an experienced workers’ compensation lawyer in Apex as soon as possible. We offer free consultations and charge no fees unless we win, so there is no risk in reaching out to learn about your legal options.
Get the Experienced Legal Help You Need
If you have been injured at work in the greater Apex area, the skilled workers’ compensation attorneys at Horton & Mendez are here to help. We offer efficient consultations where you can get answers to your questions and learn more about your legal rights and options.
You work hard every day to earn a living and provide for your family. Now, let us work hard for you and your future. Contact us today to schedule your free case evaluation with an experienced Apex workers’ compensation lawyer who genuinely cares. We look forward to being your trusted advocates and allies during this challenging time.
