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If you were hurt at work or contracted a workplace illness, a workers’ compensation lawyer in Rutherfordton can help you file a complete and accurate application. They can also help you request a hearing if your claim was denied.
These 12 legal questions to ask your workers’ compensation lawyer can help you choose the right legal team for support and guidance. They can give you the chance to learn more about your case, the application and appeals process, and the law firm you select.
- Ask Questions About the Worker’s Compensation Application Process
- Ask Questions About Workers’ Compensation’s Medical and Financial Benefits
- Ask Questions About Returning to Work After Filing a Claim
- Ask Questions About the Law Firm and the Workers’ Compensation Attorney
- Contact Our Workers’ Compensation Team for Your Free Evaluation
Ask Questions About the Worker’s Compensation Application Process
Applying for workers’ compensation can be complicated and stressful. Workers’ compensation lawyers can help you navigate the application process and gather the medical records of your work-related injury. They can also advocate for the best financial outcome, including negotiating a workers’ compensation settlement when available.
When Does a Workplace Injury or Illness Have to Be Reported?
You must report your injury or illness to your employer or supervisor as soon as possible. After reporting the injury to your employer, you generally have:
- North Carolina: Two years to file a worker’s compensation claim (N.C. Gen. Stat. § 97-24)
- South Carolina: Also, two years to file a worker’s compensation claim (S.C. Ann. § 42-15-40)
Your lawyer should be able to explain the specific deadlines affecting your workers’ compensation claim in your state.
Can You Choose Your Own Worker’s Compensation Doctor?
The employer has the right to choose the physician who treats and manages the injured worker’s medical care. If you choose your own physician, their fees and your medical bills may not be covered.
Does it Matter Who Was at Fault for a Workplace Accident?
No. If you were injured at work, you can receive workers’ compensation regardless of fault. If you were diagnosed with a workplace illness or disease, you may have to undergo medical exams to prove the connection between your impaired health and your occupation.
Ask Questions About Workers’ Compensation’s Medical and Financial Benefits
The types, amounts, and duration of your compensation benefits can vary based on the severity of your injury or illness. Workers’ compensation attorneys can review your case, diagnosis, and disability rating to ensure you receive the optimal benefits available to you.
What Medical Care Is Covered by Workers’ Compensation?
You can usually start receiving medical benefits as soon as you are injured. Workers’ compensation pays for all injury- or illness-related medical care. You can receive necessary care and treatment until you reach your maximum medical improvement (MMI).
What Type of Income Replacement Is Available?
While you cannot earn your full salary while on workers’ comp, its benefits will pay you up to two-thirds of your average weekly pay. To receive this replacement income, you have to miss at least one week of pay and will start receiving compensation after missing 21 days.
How Long Will You Get Medical and Financial Benefits?
The severity of your injuries and the doctor’s recommended course of treatment will determine how long the medical treatment process of the claim takes. When you have undergone all treatment that is recommended to improve your condition, the treating doctor will likely release you at maximum medical improvement (“MMI”). Once you reach MMI, you will likely receive a rating on the injury to your body or a whole-body rating and may be assigned permanent work restrictions.
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Ask Questions About Returning to Work After Filing a Claim
At some point after an injury, you will have to return to work or be deemed permanently disabled. Your employer may want you to return to work as soon as possible. Only you and your healthcare provider can help you assess the right time for you to go back to work.
When Should an Injured Employee Go Back to Work?
You should return to work once you are medically cleared to do so. If you refuse to go back to work, you could compromise your current and future workers’ compensation benefits. A personal injury lawyer who also handles workers’ compensation can help you resolve such a dispute.
What if You Cannot Do Your Original Job Any Longer?
If you can go to work but cannot do the same work, you might still receive financial benefits. This will usually mean your disability benefits are reduced to cover two-thirds of the difference in your previous and post-injury or post-illness wages.
Can You Be Fired for Filing a Workers’ Compensation Claim?
You have the right to file a worker’s compensation claim and cannot be fired for doing so. If you were, you can seek appropriate compensation by filing a civil action against your employer.
Ask Questions About the Law Firm and the Workers’ Compensation Attorney
The law firm that handles your case will bring a pool of team members and resources to the table. These questions can help you get to know a law firm and its attorneys, staff, and client satisfaction history.
Have You Handled Workers’ Compensation Cases Before?
Their case results and reviews and testimonials from previous clients can tell you a lot about the law firm you hire. Familiarity with cases like yours can also tell you how a lawyer handles the workers’ compensation process and the types of action they will take on your behalf.
How Much Do You Charge to Represent Workers’ Compensation Clients?
A workers’ compensation attorney may accept your case on a contingency fee basis. If they do, you will pay nothing upfront. The workers’ compensation lawyer will accept a percentage of your award as compensation. If you do not receive compensation, you will not owe your attorney any fees except reimbursement for costs incurred during the representation.
Will Your Law Firm Help if I Want to File an Appeal?
You do not have to accept if your initial claim is denied. A lawyer can help you compile additional medical evidence and fight for medical and financial benefits.
Contact Our Workers’ Compensation Team for Your Free Evaluation
If you or a loved one was hurt at work, our client-focused team at Farmer & Morris Law, PLLC will guide you through the workers’ compensation application process. Get started with a no-cost, no-obligation initial consultation where you can ask questions about our workers’ compensation lawyer.
Contact our evaluation team now to start fighting for the medical and financial benefits you need and deserve.
