Rockingham Workers’ Compensation Lawyers
Proudly representing injured workers since 1979
Most workers live paycheck to paycheck. Even missing a month from work can be frightening. Injured workers wonder how they’ll pay for their medical care. Are they entitled to their lost wages? What if they can never work again? Fortunately, most employees are entitled to seek workers’ compensation benefits – without having to prove their employer was negligent.
Price, Petho & Associates has represented injured workers in North Carolina for decades. Our Rockingham workers’ compensation lawyers will discuss your options and guide you through the process. We understand the tricks and strategies the insurance companies and employers use to try to deny your claim, reduce your benefits, and force you to return to work before you’re ready.
How can we help?
- Who is entitled to file a worker’s compensation claim in Rockingham?
- What types of injuries do workers in Rockingham suffer?
- What types of accidents cause workplace injuries?
- What benefits can injured Rockingham workers claim?
- What steps should workers take after a workplace accident?
- How long do I have to file a work injury claim in Rockingham?
- What can an attorney do to help my work accident claim?
- Do you have a workers’ compensation accident lawyer near me?
Who is entitled to file a worker’s compensation claim in Rockingham?
In North Carolina, all employers who have more than three 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.
The basic conditions for filing a workers’ compensation claim are that the:
- Applicant must be an employee.
- The accident must have occurred during the scope of employment.
- The accident must cause the injuries that prevent the worker from working.
Workers may also be entitled to compensation if they develop a work-related disease – depending on certain conditions set forth in the North Carolina Workers’ Compensation Act. For example, workers who develop respiratory illnesses such as asbestosis, black lung disease, and silicosis are often eligible for workers’ compensation benefits.
Our Rockingham workers’ compensation lawyers prepare your claim and guide you through the claims process.
What types of injuries do workers in Rockingham suffer?
Common types of workplace injuries include:
- Traumatic brain injuries
- Spinal cord damages
- Traumatic amputation
- Broken bones or fractures
- Soft tissue injuries
- Exposure to chemical toxins
- Overexertion injuries
- Hand injuries
- Back, neck, and should injuries
- Nerve, muscle, ligament, and tissue damage
- Vision loss
- Hearing loss
- Repetitive stress injuries including carpal tunnel syndrome
We work with your doctors to accurately diagnose your injuries and explain what treatments, including rehabilitative care, you need.
What types of accidents cause workplace injuries?
Workers in all types of jobs can suffer a work-related injury or occupational illness. At Price, Petho & Associates we represent injured workers who do jobs in construction, transportation, healthcare, manufacturing, retail, law enforcement, firefighting, office work, and every other type of profession.
Some of the major causes of Rockingham workplace accident claims include:
- Overexertion injuries due to improper or excessive lifting, pulling, pushing, and carrying of objects
- Being pinned or struck by equipment or machines at work
- Falls from ladders, scaffolds, beams, and other high places
- Falls from slippery floors, broken tiles, uneven surfaces, and other falls from a ground surface
- Electrical injuries from power lines, power tools, and other electric sources
- Exposures to dangerous liquids and gases
- Assaults at work
- Car, truck, and other vehicle accidents including forklift, crane, and bulldozer accidents
- Machinery, tool, and equipment accidents
Other common causes include fatigue, dehydration, and exposure to bad weather.
What benefits can injured Rockingham workers claim?
You may be able to receive a settlement for:
- Medical bills for ER care, surgeries, hospital stays, doctor visits, physical therapy, and rehabilitative care. Workers can also seek payment for any assistive devices and their medications.
- Lost wages based on your average weekly wage prior to the workplace accident – and other factors.
- Travel expenses to and from medical appointments.
- Vocational rehabilitation if you need to be trained for a new type of work.
Workers’ compensation for lost wages generally provides 66 2/3 percent of your average weekly wages up to certain preset limits. Injured workers are generally entitled to:
- Temporary benefits. Workers are entitled to payment of their medical bills and their share of lost wages (generally 2/3) for as long as they need to miss work while they see their healthcare providers.
- Permanent benefits. Once you reach the point of maximum medical improvement (additional work will not improve your health), you will be evaluated to determine if you have a permanent injury and the seriousness of that injury. You may be entitled to permanent benefits depending on the type of injury you have.
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.
What steps should workers 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:
- You will be ensuring that you are properly treated for your injury or illness.
- 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.
You need to contact your employer as soon as possible after a workplace accident or illness 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. The best course of action is to notify your employer immediately.
Workers’ compensation 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 I have to file a work injury claim in Rockingham?
All work injuries and illnesses need to be reported to employers within 30 days from when the employee knows he or she has 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 the application for benefits before the statute of limitations expires, he or she will likely be barred from recovering any compensation.
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 mention this because we often hear from employees who are afraid to file a work injury claim because they fear retaliation from their employers. Nearly every employee injured on the job in Rockingham or throughout North Carolina is entitled to workers’ compensation benefits.
What can an attorney do to help my work accident claim?
On paper, work injury claims seem straightforward. Workers who are injured or become 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 push 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
- Argue that you are an independent contractor and not an employee
- Dispute the severity of the injury or illness
- Assert that your injuries are due to a pre-existing condition
- Request an independent medical examination
- Require that you work with a nurse case manager
- Claim that the employee was horse playing or was impaired at the time the incident occurred
In some cases, we may also file a third-party claim. A few examples include filing:
- A product liability claim if defective machines, equipment, or tools caused your injuries
- A personal injury claim against a car or truck driver who caused your injuries, or against non-employers, such as subcontractors who cause harm while you worked at a construction site
Do you have a workers’ compensation lawyer near me?
Our Rockingham workers’ compensation lawyers have an office at 801 E Broad Ave, #17 in Rockingham, NC. We also have offices in Charlotte and Rutherfordton. We see clients at their homes or in a hospital when necessary.
Call our Rockingham workers’ compensation lawyers today
At Price, Petho & Associates, we are backed by a track record of success. Our Rockingham workers’ compensation attorneys will help you file the necessary documents and will represent you tenaciously every step of the way. We work with a network of doctors who understand the different types of workplace injuries. We fight every effort by the employer to force you back to work too soon. To discuss your rights to work injury and illness benefits, contact Price, Petho & Associates at (704) 372-2160 or fill out our contact form.