Do you need a Workers’ Compensation lawyer in Fayetteville?

If you need a Workmans’ Comp Lawyer in Fayetteville, NC,  The Bishop Law Firm can help. We represent workers’ comp clients in Fayetteville and surrounding areas. Call us today for a free case evaluation at (919) 615-3095 .

According to Forbes, Fayetteville’s major industries are defense and education. But, most Fayetteville residents are employed in either healthcare, retail or education. As we have written about before, healthcare is one of the most dangerous occupations in the United States. Regardless of the Fayetteville industry you work in, your work related injury can leave you without income and mounting medical bills.

Depending on the circumstances of your workers’ compensation case, you may also have a personal injury case if the party that injured you was not your employer (think a car accident) while you were working. The Bishop Law Firm also has personal injury lawyers who can help with that piece of your injury claim. Workers’ comp and personal injury compensation are very different. A notable difference is that pain & suffering is available for personal injury victims but not for workers’ compensation claims.

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If you are injured during a workplace accident you should:

  • Immediately notify your employer about your injury verbally and in writing. Write down who you spoke to, how you told them (phone or in-person) and at what time you notified them of your injury. Unfortunately, some employers do not carry workers’ comp insurance as they are required to by NC Law. They may try to tell you that you can not have a WC claim because they don’t have insurance, but in NC, if you have three or more employees you are required to carry WC insurance. Additionally, your employer can be fined by the Industrial Commission for failing to carry coverage. 

According to the Industrial Commission:

“The employee should report the lack of workers’ compensation insurance or approved self-insurance to the NCIC Criminal Investigations & Employee Classification Division and, if injured, should file a Form 18 (Notice of Accident to Employer) and Form 33 (Request that claim be assigned for hearing) with the Commission.”

If your employer refuses to report your workers’ compensation injury: “the injured worker should file a claim (Form 18 or 18B– Lung disease) within two years of the accident with the Industrial Commission.”

  • Seek Medical Treatment – You should go to where your employer tells you for medical treatment. If you do not receive instructions from your employer, you should seek medical treatment on your own.
  • Follow All Medical Advice. If a doctor takes you out of work, get a note and inform your employer. If you are advised to rest, do physical therapy, take medication, etc., you should comply.
  • Communicate with your employer. Some employers will look for reasons to fire an employee with a workers’ comp claim even though the Retaliatory Employment Discrimination Act (REDA) offers protection from this. Also remember, that while an employer can not fire you for filing a compensation case, NC is an at-will state, which gives an employer a broad range of reasons to fire you. Be sure to keep your employer informed about your work injury status.
  •  AVOID SOCIAL MEDIA . NC Workers’ Compensation is no-fault. A failure to keep you safe or negligence by your employer should not be discussed on social media.
  • Send a written letter or email to your employer about your injury within thirty (30) days after the accident.
  • File a claim with the North Carolina Industrial Commission (N.C.I.C.) by filing an Form 18 online.
    1. Your NC Workers’ Compensation claim will either be:
      1. Accepted – if you claim is accepted, it means that your employer (or really their insurance company adjuster) has decided to pay for your job injury claim. You will receive weekly 2/3 of your average weekly wage and your medical expenses should be paid. But that does not mean that they have agreed to pay for all your medical treatment and expenses. In accepted claims, the employer has the authority to tell you were to go for medical treatment. But you can request a 2nd medical opinion.
        1. It should also be mentioned that if your work injury is severe enough (is expected to last a year or more), you may want to consider filing a claim for Social Security Disability benefits in the future. However, weekly workers comp benefits will offset Social Security Disability benefits so the appropriate time to file should be discussed with a disability attorney. The Bishop Law Firm handles disability cases in Fayetteville.
      2. Denied – the employer’s workers compensation insurance company is denying that you were hurt during your employment or that you are entitled to any benefits. You will have to take your work injury claim to the North Carolina Industrial Commission (NCIC) for hearing to be paid for your injury. If you have to proceed to hearing, there will be mediations and depositions to prepare for.

Contact a Workmans’ Comp Lawyer in Fayetteville, NC

A experienced Workers Compensation Lawyer can help you attain necessary medical treatment, recover more of your accident-related expenses, file forms with the N.C.I.C., and communicate with the insurance adjuster.

If you feel that you are not receiving all the medical treatment that you need to recover or if the workers compensation insurance company has denied your claim, giving an attorney a call may be the only way to recover. The Bishop Law Firm represents injured workers in Fayetteville, NC and we do not get paid unless you win. Give us a call today for a free case evaluation, (919)615-3095!