Gastonia Workers’ Compensation Lawyers

Hire an experienced workers’ compensation attorney in Gastonia to protect your interests and fight for you during the process. Horton & Mendez Injury Attorneys stand up for the rights of the injured during the workers’ compensation claims process.

Who Qualifies for Workers’ Compensation Benefits in North Carolina?

North Carolina law requires companies that employ three or more workers to purchase workers’ compensation insurance. If you have been injured on the job, you would be entitled to benefits under this policy.

A work-related injury could be many things related to your job. Theoretically, all you need to show is that:

• You have been injured in some way.
• The injury occurred at or arose from your job.

In theory, this should not be difficult. However, your employer and the insurance company are motivated to keep you from getting benefits because it costs them money. You may need someone to fight for you during the process and look out for your interests in full.

What Injuries Qualify for Workers’ Compensation Benefits?

You can qualify for workers’ compensation benefits after any type of job-related injury. Of importance, the word “injury” is defined very broadly. An injury could be physical harm as a result of an accident on the job. You could also suffer an injury over time because of the effects of your job. For example, continuous heavy lifting on the job could result in an overuse injury, such as bursitis or tendonitis.

You may also be entitled to workers’ compensation benefits for a job-related illness if you have been exposed to toxic substances at work. You could even be eligible for payments if you have been overcome by the stress of your job.

What Workers’ Compensation Benefits Are Available?

Workers’ compensation benefits are not the same exact thing that you would receive if you win a personal injury lawsuit, but they can go a long way towards sustaining you financially and paying your medical expenses while you are recovering from your injury. They can even pay you for an extended amount of time when you have suffered a permanent injury.

Under North Carolina law, you may be eligible for the following in a workers’ compensation claim:

• 2/3 of your average weekly wage that you were earnings prior to your injury, subject to a statutory cap
• Reasonable medical expenses to treat your work-related injury
• Vocational training costs to retrain you to perform a different job or to do your job in light of your current condition

You could be entitled to benefits for an extended period of time if you have suffered a permanent injury. North Carolina publishes a chart that assigns a certain number of weeks of benefits to particular injuries based on their severity. It is not straightforward to interpret. You need a legal guide to help you understand all that you may be owed under the workers’ comp system.

Why You Need a Workers’ Compensation Lawyer

Remember that filing a workers’ compensation claim is never as simple as it seems. Your employer will end up paying higher premiums if your benefits are granted, so they may have the incentive to make your life more difficult. At the same time, the insurance company that is responsible for paying your benefits may also put barriers in your way.

You may need a workers’ comp attorney to help prepare your claim and give you advice on the process. There are some injuries that may make the insurance company more likely to deny your claim entirely. For example, they may claim that you still have the ability to work when your injury is “subjective” in nature.

You would certainly then need a skilled personal injury attorney to appeal any denial of your claim and make the most effective case to the North Carolina Industrial Commission. An attorney could also help you negotiate a settlement when you decide to receive a one-time lump sum payment of your benefits.

Finally, you may have issues when you are already receiving benefits, such as when you are being told to return to work when you are not yet physically able. The insurance company may refuse to pay for certain medical treatments that you need, and you may have to fight them. At Horton & Mendez Injury Attorneys, we can step in at any stage.

Appealing a Workers’ Compensation Claim Denial

The insurance company does not get the last word with regard to your benefits. Since they have a financial motivation in your case, they are not the judge or the jury. If your claim has been denied, you have the legal right to file an appeal with the North Carolina Industrial Commission.

Here, you would get to present your own evidence that shows that you suffered a work-related injury.

If the insurance company has denied your claim because they argue that you acted wrongfully, you would be able to present evidence that shows otherwise. Under North Carolina law, you have a limited amount of time to file an appeal. You should hire an attorney as soon as your claim has been denied if you do not already have one retained.

Believe it or not, there is a reasonable chance of either overturning a workers’ comp claim denial or reaching a settlement agreement. Whether you win your appeal or settle your case, it is in your interest to fight back, especially considering that you do not have to pay a workers’ compensation attorney up front.

Our lawyers will review your case, the insurance company’s reasons for denial, and help you determine whether you have an opening to fight through an appeal.

Workers’ Compensation for Gastonia’s Industrial Workforce

Gastonia and Gaston County are built on industrial work. Manufacturing plants, textile and processing operations, warehouses and distribution centers employ thousands of people across the area, and that work carries real risk. When you spend your days on a production line, a loading dock or a warehouse floor, an injury can happen in a split second or build up over months.

We help injured industrial workers throughout Gastonia, including people hurt in:

• Manufacturing and production plants: machine and equipment injuries, caught-in or caught-between accidents, burns and amputations
• Warehouses and distribution centers: forklift accidents, falls from loading docks, being struck by falling pallets or product and back injuries from repetitive lifting
• Textile and processing facilities: overuse injuries, exposure to chemicals or dust and hearing loss
• Trucking and freight work tied to distribution: loading injuries, slips and falls and crush injuries

North Carolina workers’ compensation covers these injuries no matter who was at fault, including injuries that develop over time from repetitive motion or exposure on the job. And if a company other than your employer contributed to your injury, for example a negligent contractor at the site or the maker of a defective machine, you may also have a separate third-party claim. We look at every angle so you don’t leave anything on the table.

Serving Gastonia, NC, and the Surrounding Communities

We help injured workers in Gastonia and across Gaston County and the surrounding region. If you were hurt on the job in this area, we routinely represent clients in:

• Gaston County (Gastonia, NC)
• Mecklenburg County
• Lincoln County
• Cleveland County

We routinely help clients in Gastonia and the surrounding communities. Wherever you live in the area, we can come to you and handle your workers’ compensation claim from start to finish.

The North Carolina Industrial Commission

Workers’ compensation claims in Gastonia and Gaston County are handled through the North Carolina Industrial Commission, the state agency that administers the workers’ comp system, not your local county court. The Commission decides disputes between injured workers and insurance companies, and a deputy commissioner holds a hearing when a claim cannot be resolved. You can learn more about the agency and its process at the North Carolina Industrial Commission website.

When a Gaston County claim goes to a hearing, the Commission schedules it before a deputy commissioner at a hearing site that serves this part of the state. We’ll tell you exactly where your hearing is set and prepare you for what to expect.

Gastonia Workers’ Compensation FAQs

Who qualifies for workers’ comp in Gastonia, NC?

If you work for a North Carolina employer with three or more employees and you’re hurt on the job, you generally qualify for workers’ compensation, regardless of who was at fault. That covers most manufacturing, warehouse and distribution jobs across Gaston County. You need to show that you were injured and that the injury arose out of and during your work.

How long do I have to report a work injury to my employer in North Carolina?

Report it as soon as you can. North Carolina law says you should give your employer written notice within 30 days. Waiting gives the insurance company an easy reason to dispute your claim. You generally have up to two years to file a formal claim with the North Carolina Industrial Commission, but the sooner you act, the better.

Where are workers’ comp hearings held for Gaston County, NC?

Workers’ comp disputes are decided by the North Carolina Industrial Commission, not your local courthouse. A deputy commissioner holds the hearing, and the Commission schedules it at a site that serves the Gaston County region. We’ll confirm exactly where your hearing is set and get you ready for it.

Does workers’ comp cover repetitive-stress and overuse injuries from factory or warehouse work?

Yes. North Carolina defines a work injury broadly. It includes harm that builds up over time from the demands of your job, like back, shoulder and joint injuries from repeated lifting on a warehouse floor, or overuse conditions such as tendonitis and bursitis from production-line work. Occupational illnesses from chemical or dust exposure can also qualify.

My Gastonia employer says they don’t carry workers’ comp insurance. What can I do?

Most North Carolina employers with three or more employees are required to carry workers’ compensation insurance. If your employer doesn’t have coverage when the law requires it, you still have options, and the Industrial Commission can penalize businesses that fail to carry required coverage. Don’t take “we’re not covered” as the final answer. Contact us.

Can I see my own doctor, or does my employer choose after a workplace injury in North Carolina?

In most North Carolina cases, the employer or its insurer directs your medical care and chooses your treating doctor, at least at first. You’re not powerless, though. In certain situations you can ask the Industrial Commission to approve a different doctor or a second opinion. If you think the company doctor is rushing you back to the plant or warehouse too soon, talk to us.

I was hurt at a Gastonia warehouse or plant by someone other than my employer. Do I have more than a workers’ comp claim?

Possibly. Workers’ comp is usually your remedy against your own employer. But industrial sites involve contractors, staffing agencies, equipment makers and other companies. If one of them caused your injury, you may also have a third-party injury claim that can recover damages workers’ comp doesn’t pay, like pain and suffering. We look at everyone who may share responsibility.

Contact Our Gastonia Workers’ Compensation Lawyers for a Consultation

As intimidating as the workers’ compensation process may seem, you do not have to go through it alone. Horton & Mendez Injury Attorneys help injured workers like you navigate the system and get the entire scope of the benefits that you deserve. We know and understand what you are going through, and we strive to make the legal process as transparent as possible for our clients through customer service and relentless advocacy.

You can schedule a free initial consultation to speak to one of our attorneys, where we will review your case and explain possible steps forward. Message us online or call us today at 910-405-7751 to speak to one of our attorneys.