If you need a Durham Workers CompensationLawyer, keep reading for how The Bishop Law Firm can help. We represent Workers Compensation clients in Durham and surrounding areas. Call us today for a free case review at (919) 615-3095 or start now.
The City of Medicine
According to Forbes, Durham’s major industries are technology, health care and education. Durham is known as the “ City of Medicine ” and has more than 300 medical practices and health-related companies whose combined payroll exceeds $1.2 billion annually.
Unfortunately, statistics show that hospitals are one of the most hazardous places to work. The most common cause of injury is “overexertion or bodily reaction, ” which includes lifting, bending, reaching, or slipping. No matter what industry you work in, being hurt at work can cost you time, money and frustration.
Do you have a NC Workers Compensation case?
NC Workers Compensation is a no fault system but there are exceptions. Inebriation and criminal activity can bar a claim for workers’ compensation.
Independent contractors are not eligible for NC workers compensation benefits because they are not considered employees. Your work injury must also have occurred while you were working, not on your way to or from work.
You can receive workers compensation for “injury by accident” and “occupational disease.” You may also have a NC personal injury claim if a 3rd party caused your work injury (for example, in a auto accident). Your Personal Injury case will be against the 3rd party who caused your injury and you would have a workers compensation claim against your employer.
In addition, if your work injury is severe enough to prevent you from working in the future, you may have a Social Security Disability (permanent disability) case, but this should be discussed with an experienced Workers Compensation Attorney.
It should be noted that employers with 3 or more employees are required to carry Workers Compensation insurance in North Carolina. If your employer tells you that you do not have a work injury claim because they do not have insurance, seek legal advice, as this definitely needs to be filed with the North Carolina Industrial Commission (NCIC).
What workers compensation benefits can you receive?
NC Workers Compensation provides payment for work injurymedical bills and wage loss benefits (WC will pay two thirds (2/3) of the worker’s average weekly wage) for non-fatal injuries and death benefits for fatal injuries.
If the insurance company accepts your claim, there are four types of Workers’ compensation benefits you may receive: temporary total disability benefits (TTD), temporary partial disability benefits (TPD, permanent disability or permanent partial disability benefits (PPD).
In an accepted Workers’ Compensation claim, the employer (their workers compensation insurance carrier) controls where you go for medical treatment. If the insurance company does not accept the injured worker‘s claim, no benefits or medical treatment are paid for. The injured worker will have to file with the NCIC for a hearing.
You will receive compensation only if the North Carolina Industrial Commission agrees that your workers compensation claim should be paid.
Steps to Take after Your Workers Compensation Injury
Immediately notify your employer about your injury verbally and in writing as soon as possible.
Seek Medical Treatment – If your employer tells you to go to a specific facility after your accident, go there.
Follow ALL Medical Advice
If you are missing work, document when you missed and how much you would have earned
Even in accepted claims, issues still arise with getting the insurance carrier to pay for needed medical treatment. As mentioned above, in accepted workers compensation claims, the workers compensation insurance carrier tells the worker where to seek treatment.
While most insurance-company-paid workers compensation doctors excel at treating injured workers, unfortunately there are exceptions.
Sometimes, a 2nd opinion is needed to establish the severity of a Workers Compensation injury. In denied claims, legal representation may be the only recourse for getting compensation for your injury.
A Durham Workers CompensationLawyer can help you attain necessary medical treatment, a 2nd opinion and recover more of your accident-related expenses as well as file forms with the North Carolina Industrial Commission and communicate with the adjuster.
If you feel that you are not receiving all the medical treatment that you need to recover or if the workers compensationinsurance company has denied your claim giving a Workers Compensation lawyer a call may be the only way to recover. The Bishop Law Firm represents workers compensation clients in Durham, NC and we do not get paid unless you win. Give us a call today for a free case evaluation, (919)615-3095!