Workers’ Compensation
A work-related injury can be frustrating. After giving your all to your employer, you’re hurt and wondering what comes next. When you need a Wilmington, NC, workers’ compensation lawyer, Horton & Mendez Injury Attorneys are here to represent you.
Workers’ compensation (you may have heard it called workman’s comp) is a way for people hurt on the job to recover, continue to receive an income, and get compensated for their injuries. Our lawyers help injured employees in Wilmington and the surrounding areas. If you have questions or if you need help getting your benefits, we invite you to contact us.
Legal Representation for Injured Workers
We are committed to advocating for injured workers. You have rights, but it isn’t always easy to get the benefits you deserve. Even if your employer seemed nice until you were hurt, things can quickly turn. The insurer may deny benefits or try to confuse you. You need legal representation.
Employers don’t want workers to know about their rights. As an injured worker, you have the right to:
- Report a workplace injury
- Receive paid medical care, including diagnostic evaluation and testing, surgery, rehabilitation, and medication for your on-the-job injury
- An independent medical evaluation, if necessary
- Accommodations in the workplace, if they are reasonable and necessary
- Temporary partial and total disability benefits if you cannot work normally
- Disability compensation if you have a permanent injury following treatment
- File for benefits if necessary
- Have a hearing or settle your case
- Be free of retaliation or penalty for claiming benefits
- Choose a North Carolina workers’ compensation lawyer to represent you
The insurance company and many employers have large teams of lawyers working for them. When you need help understanding what to do or fighting back against unfair treatment, Horton & Mendez can represent you. We champion the rights of injured workers.
Experienced Attorneys
Our law firm focuses on helping people. We put our experience to work to customize your representation and help you through every step of your case.
Direct Communication
Representing you well means communication. We get to know you. It’s our goal to be helpful and responsive, so you have confidence in your case.
No Fees Unless You Win
The last thing you want to worry about when you’re hurt is how to pay for a lawyer. See how we can represent you with no fees unless you win.
How Can a Workers’ Compensation Lawyer Help?
A lawyer can help you if:
- You need help reporting your injury or filing your claim
- You don’t know what benefits you deserve
- Insurance denied your claim
- Medical care providers deny treatment or surgery that you need
- Disagreements exist about whether you can return to work or restrictions
- You don’t know if you deserve permanent disability, what you deserve, or how to challenge it if you haven’t been treated fairly
- Any determination made in your case needs to be challenged
- Wage payments have been withheld or calculated improperly
- Retaliation or discrimination is a problem because you filed for benefits
- There are procedural steps you need help with to report or make your claim
We are full-service lawyers in workers’ compensation. However, you may need help pursuing your rights and benefits, our experienced team is here to help.
Understanding Workers’ Compensation
What are the most common types of workers’ compensation injuries?
Some of the most common workers’ compensation injuries are:
- Back injuries: Sprains, strains, fractures, slipped and bulging discs, disturbance of nerve function
- Knee injuries: Torn tendons and ligaments, fractures, bursitis, and tendonitis can be debilitating and limit movement
- Lacerations and contusions: Cuts and bruises can occur in a variety of jobs, whether a person works with machinery, vehicles, or equipment
- Chemical burns: Workers that handle or are exposed to chemicals may suffer from burns and exposure trauma
- Fractures: A fracture can occur from falling, being stuck between heavy objects and walls, being struck by objects, and being run over
- Damage to the senses: Vision and hearing damage are common workplace injuries. These injuries may occur despite the use of personal protective equipment
- Repetitive trauma: Most jobs require repetitive tasks to some extent. Unbearable strain, poor lifting positions, a lack of rest, and improper equipment can all contribute to injury
- Chronic illness: Hazards on the job can cause chronic illness. Workers’ compensation may be paid for chronic illness and disease that results from exposure on the job
- Death: When a worker is killed in the course of their employment, surviving family members may receive benefits
What are some common causes of on-the-job injuries?
Common causes of on-the-job injuries include:
- Failing to identify risks and plan for safety
- Improper training
- Trying to work too quickly
- Ineffective communication
- Understaffing, hiring unqualified workers
- Poor vehicle and equipment maintenance
- Failing to monitor and mitigate chemical exposures
- Inadequate lighting
- Distractions and multitasking
- Slippery flooring, improper footwear
When an accident occurs at work, you can expect the employer to investigate it. Why the accident occurred isn’t the critical question for your benefits – you have the right to compensation without having to prove that your employer is at fault for the accident (with limited exceptions for alcohol intoxication, being under the influence of a controlled substance, and intention to injure). The injury must be the result of your work. Our lawyers can help you prove your case.
Filing a Claim for Benefits
What’s involved in filing a workers’ compensation claim?
Filing for workers’ compensation begins with reporting your injury to your employer. You should seek medical care. Then, the employee must file Form 18 to request benefits. The worker has the right to challenge any negative determination of benefits. Always follow the doctor’s orders, attend appointments, and complete paperwork.
Am I getting the workers’ compensation benefits that I deserve?
Worker’s compensation benefits cover medical care, lost income if you’re unable to work, and permanent disability. It depends on what treatment you require, your injuries, and the extent that you are unable to work. Our lawyers can evaluate your case to see if you are getting the benefits you deserve.
When is the best time to talk to a lawyer?
There are time limits to filing a case. The paperwork for benefits must be filed within two years from the date of the accident. In addition, you must report the injury to the employer in writing within 30 days. As soon as you need help or suspect something isn’t right, you should talk to us. We can evaluate the situation and explain how we can help. The sooner you talk to us, the sooner we can get involved working for your rights.
Protecting Your Right to Workers’ Compensation Benefits
What workers’ compensation benefits are available in North Carolina?
Workers’ compensation benefits in North Carolina may cover the following:
- Medical care: Care should be without cost for the injured person if received by a provider chosen by the employer.
- Temporary Total Disability Benefits: Temporary disability pays 2/3 of your wages before the injury if you are unable to work for 7 days following the injury.
- Temporary Partial Disability Benefits: If you can work in a limited capacity, you may receive 2/3 of the difference in your income.
- Permanent Partial Disability Benefits: Sometimes, injuries do not fully heal. You may receive fair compensation to the extent you have a permanent physical injury.
- Death Benefits: Survivors may claim death benefits if a worker loses their life.
What can I do if I’m not getting the benefits I deserve?
If you’re not getting the benefits you deserve — or if you don’t know if you’re getting the benefits you deserve – our lawyers can help. You can challenge a negative decision, but you must file within the time limits. Our lawyers can build your case and pursue your rights.
Serving Wilmington, NC, and the Surrounding Communities
Horton & Mendez Injury Attorneys is committed to serving Wilmington, NC, and the surrounding communities.
We help clients who live or work in the following counties:
- New Hanover County (Wilmington, NC)
- Pender County
- Bladen County
- Columbus County
- Brunswick County
- Robeson County
- Onslow County
Our offices are located at 6105 Oleander Drive, Suite 102, Wilmington, NC, 28403. We routinely help clients in Wilmington and the surrounding communities.
Wilmington regional offices for the North Carolina Industrial Commission
The Wilmington regional offices of the North Carolina Industrial Commission are:
Mailing Address:
Deputy Commissioner
NC Industrial Commission
P.O. Box 12974
Wilmington, NC 28405
Court hearings may be held at:
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
Carefully read your court documents to confirm the hearing date, time, and location.
About Our Lawyers for Workers’ Compensation Claims
Horton & Mendez advocates for individuals and families in our community. We’re here when you need us. We’re members of the North Carolina Bar Association and the North Carolina Advocates for Justice, representing people in Wilmington and nearby areas. We’ve been featured by WECT News 6, WWAY 3, NBC, ABC, and CBS explaining issues that are important to our community.
We’ve been honored by Martindale Hubbell, The News&Observer, StarNews Online, Super Lawyers, and AVVO. What matters to us most is helping people who need us. That’s the commitment of our lawyers for workers’ compensation claims. We invite you to get to know us and join the many people who have relied on us for help when they’re hurt.
Workers’ Compensation FAQs
How does workers’ compensation work in North Carolina?
Workers’ compensation works in North Carolina by providing benefits for injured workers without them having to prove that the injury is the employer’s fault. The worker must notify the employer that they are injured. They may access benefits authorized by law, including medical care, replacement income, and permanent disability.
How much does workers’ compensation pay?
Workers’ compensation should pay for medical care relating to the injury. It also provides two-thirds of your pay if you are unable to work or are not able to earn what you made before, up to maximum amounts. Permanent disability may be provided if you qualify.
Is workers’ compensation the same as a workman’s comp?
You may hear the terms workers’ compensation and workman’s comp used interchangeably. The law is called the North Carolina Workers’ Compensation Act.
Am I covered by workers’ compensation?
Businesses with three or more employees must be covered by workers’ compensation. There are limited exceptions for railroad employees, agriculture businesses with less than 10 full-time, regular employees, federal government employees, and domestic workers employed directly by a household. Most people are covered by workers’ compensation.
What if my employer calls me an independent contractor?
Generally, independent contractors are not covered. However, even if your employer calls you an independent contractor, they may still be required to have workers’ compensation insurance. There is an analysis of the amount of control that the employer exercises over the work.
What if I have a pre-existing condition?
If a pre-existing condition is made worse, you can still get benefits. Benefits may be provided if your condition was aggravated or additional complications developed. It is especially important to have a lawyer help you if you have been denied because of a pre-existing condition. It may be necessary to have an independent medical examination.
Will my case go to trial?
Most workers’ compensation cases don’t result in a hearing. However, you have the right to a hearing, and we can represent you.
Taking New Cases – No Fee Unless You Win
Start your case with a free consultation with our Wilmington, NC, workers’ compensation lawyers. You may deserve compensation, and we can help. We are available to meet you at our offices, in the hospital, or at your home.
Please contact us today for your free consultation. Learn if you have a claim, what benefits are available and what’s involved in claiming them. See how our experienced lawyers can assist you.
Call (910) 502-9990 or send us a message today.