Proudly Representing Injured Workers Since 1979
Price Petho & Associates P.L.L.C. has represented injured workers in North Carolina for nearly 4 decades. After a workplace injury, it is important to file a workers’ comp claim as soon as possible to seek financial relief. Our Rockingham workers compensation lawyers will discuss your options and guide you through the process.
Call our office today at (704) 850-6322 to discuss your case with a member of our team.
Workers’ Comp Laws in North Carolina
In North Carolina, all employers who have more than 3 employees are required to carry workers’ compensation insurance. If they fail to do so, they may face fines, prison sentences, and other penalties. The North Carolina Workers’ Compensation Act applies to all businesses, including limited liability companies, partnerships, and corporations. The goal of the North Carolina workers’ compensation system is to help injured workers recover as quickly as possible.
You may be able to receive a settlement for:
- Medical bills
- Lost wages
- Travel expenses to and from medical appointments
Workers’ compensation for lost wages provides 66 2/3% of your average weekly wage. You also may be able to receive compensation for travel to and from doctor’s appointments, if the round trip is 20 miles or more. When determining disability benefits, the North Carolina Industrial Commission will use the rating provided by your physician to determine the amount of disability you may be entitled to.
Steps to Take After a Workplace Accident
The single most important step to take in the aftermath of sustaining a workplace injury is to seek medical care. By seeking medical care immediately, you will be accomplishing two things at once – 1) You will be ensuring that you are properly treated for your injury or illness, and 2) You will be establishing a solid link between the workplace incident and your injuries or illness. It is important to get medical documentation related to a workplace injury or illness as soon as possible.
Very soon after seeking medical care for your injuries, your employer needs to be notified. If you have been injured at work, it is important to notify your employer within 30 days. Your employer must then report the injury to the North Carolina Industrial Commission. If you wait too long and miss the deadline, your claim will likely be denied.
Common types of workplace injuries include:
- Repetitive stress injuries
- Traumatic brain injuries
- Broken bones or fractures
- Soft tissue injuries
Workers’ comp benefits are not dependent on the fault or negligence of your employer. You will only have to show that your injuries occurred at work. Our firm has extensive experience representing clients who have suffered on-the-job injuries and illnesses.
How long do you have to file a work injury claim in North Carolina?
All work injuries and illnesses need to be reported to employers within 30 days from when the employee knows they have been injured or become ill due to a work-related incident. However, after reporting the incident to your employer, there is an overall statute of limitations in place for work injuries in North Carolina. This is two years from the date the injury occurs. If a person fails to submit their application for benefits before the statute of limitations expires, they will likely be barred from recovering any compensation.
We do want to note that employers in North Carolina are not allowed to take any adverse action against an employee solely because that employee filed a claim for workers’ compensation benefits. We bring this up because we often hear from employees who are afraid to file a work injury claim because they fear retaliation from their employers. Nearly every worker injured on the job in Rockingham or throughout North Carolina is entitled to workers’ compensation benefits.
What will an attorney do to help your work accident claim?
On paper, work injury claims seem straightforward. A worker who becomes injured or ill due to job-related activities should be able to report the incident to their employer and receive compensation for their medical bills and lost wages. Unfortunately, there are times when insurance carriers or the employer pushes back against the work injury claim. This could be because they:
- Dispute the cause of the injury or illness
- Say that the injury or illness happened outside of work
- Dispute the severity of the injury or illness
- Claim that the employee was horse playing or was impaired at the time the incident occurred
If an injured worker receives any pushback from their employer for the insurance carrier, they should seek immediate assistance from an attorney. A skilled Rockingham workers’ compensation lawyer will be able to conduct a full investigation into the incident in order to prove what really happened. This can include gathering statements from eyewitnesses, video surveillance footage, photographs from the scene of the incident, employer safety records, employee training records, and more.
Call Our Rockingham Workers’ Compensation Lawyers Today – (704) 850-6322
At Price Petho & Associates P.L.L.C., we are backed by a track record of success. Our Rockingham workers’ comp attorneys will help you file the necessary documents, and will represent you tenaciously every step of the way. Furthermore, if your claim is denied, we will aggressively uphold your right to a settlement in a hearing.
Contact us today to get started with a free initial consultation.