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Workplace injuries can result in significant pain and physical suffering, in addition to the stress associated with getting medical treatment and benefits. If you have been injured in a workplace accident or suffer from an occupational disease, you may be eligible to receive compensation through a workers’ compensation claim.
A Spindale workers’ compensation lawyer from our office can assist you with your claim. Our team understands the complexities of filing workers’ compensation claims and would be happy to assume your legal duties as you focus on recovery.
Let a Workers’ Compensation Attorney Handle Your Claim
At Farmer & Morris Law, PLLC, we understand the difficulties and challenges claimants experience when dealing with a workplace illness or injury. Attempting to physically, emotionally, and financially recover while also managing a legal claim can be an unnecessary strain.
We take pride in helping injured workers file for and receive compensation. Our mission is to take away your worries by addressing every issue that comes along regarding your claim. We assist you throughout the claims process by:
- Analyzing reports and medical records that outline the accident or incident leading to an injury
- Collecting all photographic evidence and any other documentation regarding the incident
- Identifying and interviewing all potential witnesses to the workplace accident
- Recruiting experts to testify on your behalf and confirm that the accident and resulting injuries occurred just as you say they did
- Completing and submitting all required workers’ compensation claim documentation
- Calculating how much money your injuries are worth and refusing to let the insurance company undervalue your claim
- Representing you in meetings with the insurance company’s representatives
We Take Your Concerns to Heart
Overcoming the many obstacles associated with filing a workers’ compensation claim is an exhausting process for many. At Farmer & Morris Law, PLLC, our team is dedicated to providing claimants with thorough and professional representation by:
- Taking the time to answer any questions you have for us or address any issues
- Promptly delivering any messages the insurance company or other involved parties wish to communicate to you
- Advising you about what is going on with your case and what the potential next steps are
- Working closely with you to determine the best course of action and making sure you are comfortable with every step of what may be a lengthy process
The North Carolina’s Workers’ Compensation Act
The North Carolina Workers’ Compensation Act (“The Act”) is found in Chapter 97 of the North Carolina General Statutes. It governs injured workers’ rights in North Carolina. The Act includes provisions for:
- Medical compensation: This addresses the medical needs of injured workers and helps them find relief and a cure for their injuries.
- Wage replacement: If the injured worker is unable to do their job or is earning less than their average weekly pre-injury wage, they may be entitled to two-thirds of their average weekly wage, following a waiting period.
- Disability ratings: The Act also provides that the injured worker should receive a payment based on the severity (partial versus total) and expected duration (temporary versus permanent) of any accident-related disability. An authorized treating physician should issue this rating for each discrete injury the victim sustained.
The Act also gives the injured worker’s survivors the right to seek benefits if the worker died from their injuries. The team at Farmer & Morris Law, PLLC can help you recover workers’ comp benefits, whether you are seeking compensation for a personal injury or a wrongful death.
Workers’ Compensation Injuries and Benefits
There are numerous injuries and diseases that could entitle you to workers’ compensation benefits. Some examples of compensable injuries include the following:
- Temporary injuries, including bone fractures, concussions, and burns
- Permanent injuries, including amputated limbs, nerve damage, and paralysis
- Occupational illnesses, including cancer, lead poisoning, and asbestosis
- Death from any of the above
Who Qualifies for Benefits?
Per G.S. § 97-2, workers’ compensation benefits are available to:
- Fulltime and parttime employees
- Employees of all ages, including minors
- Employees regardless of immigration status
- Certain government and agricultural employees
North Carolina workers rely heavily on these benefits for support. The system is “no-fault,” so injured workers are not required to prove that someone was at fault in order to receive benefits. Instead, injured employees must prove that, when the accident occurred, they were participating in the scope of their employment.
How Long Can I Keep Receiving Workers’ Compensation Benefits?
In general, you will continue to receive workers’ compensation medical care and financial benefits until you are able to return to work. Your health care team will periodically assess your condition to determine when and if you can go back to your job.
If a physician’s assessment determines that your disabling condition is permanent, such as the amputation of a body part, your benefits will last longer. Our legal team will explain how we use your medical records and prognosis to ensure you get the benefits you are entitled to for the appropriate length of time.
Filing a Workers’ Compensation Claim in Spindale
In addition to being complex, workers’ compensation claims also feature specific deadlines injured workers must meet. These guidelines are in place to ensure that those who experience a workplace injury or illness receive the benefits to which they are entitled.
When you work with Farmer & Morris Law, PLLC, our legal team will work towards ensuring you:
- Receive approval for medical treatment
- Get your wage replacement checks on schedule
- Receive proper ratings for all of your disabilities
- Report the injury to your employer by filing the necessary paperwork, such as the North Carolina Industrial Commission’s Form 18 (Notice of Accident to Employer)
Common Workers’ Compensation Claim Mistakes
The claims process is strictly regulated, so it is easy to make an innocent mistake that delays or derails your application. A workers’ compensation lawyer from our Spindale team can help you avoid errors such as the following.
Missing Deadlines
Failing to meet the claim submission deadline is one of the biggest mistakes that injured workers make.
According to North Carolina Industrial Commission guidelines:
- You should notify your employer of an injury right away
- You must make such notification within 30 days of the injury
- Make a detailed written statement of your accident
- Maintain a copy of your statement for your personal records
It is not uncommon for victims who suffer from significant workplace injuries to continue working for several days or weeks before submitting a report to their employer. By the time they formally report the injury, it might be too late, or the insurance company may deny the claim.
Withholding Information
Injured workers must disclose all injuries and symptoms during a doctor’s examination. Not doing so can give the insurance company an opening to assert that the unreported injury is not work-related and therefore does not entitle you to workers’ compensation.
For example, if the victim tells the doctor that they are experiencing shoulder pain but fails to mention that they are also experiencing back pain, they may encounter problems when they try to include a back condition in their claim at a later time.
Clerical Errors
Another significant mistake victims make is not filling out the claim forms correctly. Every form must be accurate, complete, and sent to the proper authority (e.g., the North Carolina Industrial Commission). Also, you must make sure to use the right form for the right occasion.
There are many details that injured workers can miss. You might find it easier to work with a legal professional from our firm who is very familiar with the claims process.
Choosing Your Own Doctor
If you choose to seek treatment from your own physician rather than the one your employer provides, they may not be obligated to pay for the care you receive.
Your employer will cover the costs of any medical care related to your workplace injury or illness. Your employer or their insurer have the right to choose which physician assesses, treats, and reevaluates your medical condition. Under certain circumstances, you can petition to change physicians, but such a change must be approved in writing.
Farmer & Morris Law, PLLC Is Committed to Client Care and Support
Our law firm is passionate about helping you and other workers if you were injured or became ill at work. Of our client care and support, previous injury clients say the following:
- Hetty Trachsel: We would like to thank The farmer and Morris Law Firm For their incredible professional integrity. We are highly recommending each one of them. They have been serving us with great respect…We are forever grateful to them. It was a wonderful experience.
- Erica Coracini Ferreira: My experience with Farmer and Morris Law was excellent. I needed their help on different occasions, and their experienced attorneys and friendly staff made sure I had the best service…Farmer and Morris exceeded all my expectations and I highly recommend them.
Do you want to learn more about our law firm and how hard we fight to help you get the medical and financial benefits you are entitled to? Read more reviews and recommendations on our client testimonials page.
The Benefits of Our Contingency Fee Agreement
When an injury or disease prevents you from working, you might hesitate to hire a law firm due to concerns about the cost. When our team is on your side, we represent you on a contingency-fee basis. In other words, we do not charge you any upfront attorney’s fees at all.
Our law firm does not receive any compensation at all until we obtain compensation for you. This fee structure means you can start building your case without delay. Our attorneys will also cover the costs of investigating and preparing your lawsuit.
Reach Out Today for Legal Support
If you suffered an illness or injury following a workplace incident, let us assist you in your workers’ compensation claim. Call Farmer & Morris Law, PLLC for a free case evaluation. A lawyer from our team serving Spindale can explain your options, evaluate your claim, and help you recover the money you and your family need as quickly as possible.
