In 2022, 74,300 workers filed workers’ compensation claims in North Carolina (private employers only). Many of these injured workers will never get the benefits that they need—benefits that they have earned. An experienced Wilmington workers’ compensation lawyer can help.
From Horton & Mendez Injury Attorneys, here are 10 top reasons to get an workers’ compensation lawyer after a work injury.
10 Reasons You Should Get a Workers’ Comp Lawyer After a Workplace Injury
1. It can be hard to know what to do first.
Start by reporting your injury to your employer. Sounds simple, right? But what if the employer tells you that you can’t file for workers’ compensation? What if they don’t report the injury to their insurance carrier? How do you go about getting medical care?
The sooner you involve a workers’ compensation lawyer, the sooner you have a professional on your side. Our attorneys know the tricks employers use to discourage workers from accessing their benefits. We can guide you from the beginning of the process.
2. You need the medical benefits that you deserve.
What happens if the doctor won’t give you the necessary medical care? Maybe you need surgery, and the doctor suggests a short course of physical therapy instead. Maybe they say you’ve reached Maximum Medical Improvement (MMI), but you would still benefit from additional treatment. Your claim may be denied completely.
There are things that you can do. Generally, you must go to the doctor that the employer chooses, but you can ask for a different doctor. You can also ask for a hearing before the North Carolina Industrial Commission. When you have an attorney, you have a professional who can assess the situation and represent you in the process.
3. Claims can be complex.
A workers’ compensation claim can be factually or legally complex. Initially, your case may not seem complicated. However, problems may arise later in the process.
An experienced lawyer can identify the issues that may be important to your case. With years of handling similar claims, they can use their knowledge to identify and address the issues.
4. There are multiple types of benefits.
Workers’ compensation isn’t just medical care. Nor is it just wage loss. There are multiple types of benefits and different rules for how they work. For example, you may receive temporary partial or temporary total disability benefits if you are unable to work. There is a seven-day waiting period. But if you miss 21 days of work or more, the first seven days are payable, too. Plus, you may receive medical care and reimbursement for travel to treatment if your care requires traveling a significant distance.
You may also receive a permanent partial disability award or, in cases of severe injury, permanent total disability. Vocational rehabilitation can help you return to the workforce. Death benefits and funeral costs may be paid if a workplace injury is fatal.
Overlooking any type of benefit or determining the amount incorrectly can mean missing out on what you deserve. When you have an attorney, you have someone on your side who will do an independent calculation.
5. Vocational rehabilitation can help.
Vocational rehabilitation can help you return to work. You may benefit from employment coaching, job training, education, or vocational counseling. This part of workers’ compensation is often overlooked, but a lawyer can help you understand your benefits.
6. An attorney can prepare medical evidence.
Workers’ compensation claims often depend on complex medical evidence. You must prepare this evidence for your hearing. An attorney can determine what evidence to pursue and build your case.
7. The process can be confusing.
Workers’ compensation isn’t just the law; it’s also the process. You need to know what to do, and there are timelines that you must follow. When you have a workers’ comp lawyer, you have someone who knows the steps and the deadlines. They’re familiar with the various forms and hearings and, at each stage, can explain what to expect.
8. If your injuries are especially serious.
North Carolina recognizes that some workplace injuries are so severe that they result in a complete loss of wage-earning capacity for a lifetime. These injuries include severe brain and closed-head injury, spinal paralysis, and loss of both hands, arms, legs, or eyes. (N.C.G.S. § 97-29). These severe and debilitating injuries may qualify the worker as an exception to the typical 500-week limit on temporary total disability benefits in North Carolina.
To receive permanent total disability benefits, the worker must specifically claim them. They must prove by a preponderance of the evidence that they have completely lost their wage-earning capacity. These cases often receive heavy scrutiny. An attorney can help you prepare and present your case.
9. Settlement negotiations are key.
Most workers’ compensation claims end in settlement. There are multiple types of settlements. What’s best for you depends on your situation.
A clincher agreement is a complete resolution of everything. When you accept it, you give up the right to future medical care or wage loss. Usually, you get a lump sum in return. An NCIC Form 26A settlement leaves open the possibility of future medical care for two more years from the last compensation payment. The settlement addresses your impairment rating or your permanent disability compensation.
Sometimes, you shouldn’t accept a settlement at all.
When you have a workers’ comp lawyer, they can explain the different options and negotiate the right resolution for your case.
10. Let them know you’re serious.
Insurance companies should pay according to the rules of workers’ compensation. After all, the system exists to help injured workers. Too often, insurance companies won’t pay. Having an attorney lets the employer and insurance company know that you’re serious about claiming your benefits.
Contact an Experienced Wilmington Workers’ Compensation Lawyer
Horton & Mendez Injury Attorneys represents injured workers. We invite you to contact an experienced Wilmington workers’ compensation lawyer to get answers to your questions and immediate legal help. Contact us now.
