North Carolina law requires most employers in the state to have workers’ compensation insurance, and this insurance can be a valuable economic safety net for anyone who suffers an injury at work. If you have recently been hurt while working, a Mooresville workers’ compensation lawyer at Grimes Yeoman, PLLC, can help you pursue the benefits you must have to recover.
Helping Injured Workers Recover in Mooresville, NC
The attorneys at Grimes Yeoman, PLLC, have helped many injured workers across all industries recover benefits through the workers’ compensation system. If you have been hurt while working, the claim filing process may appear straightforward at first, but many injured workers encounter unexpected challenges in their efforts to claim workers’ compensation benefits.
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Our team will do everything we can to help you understand your rights and navigate this claim filing process efficiently. We know the tactics that insurance carriers often use against injured workers and how to ensure you are treated fairly. We can also help you explore any additional avenues of legal recourse that may be available to you following your workplace injury in Mooresville.
Recovering Workers’ Compensation Benefits in Mooresville
In order to qualify for workers’ compensation benefits after a workplace injury in Mooresville, you must verify that your employment status ensures you are covered by your employer’s insurance policy and that they have appropriate insurance coverage. The injury must have happened as a result of an accident while you were performing your job duties or developed over time as a result of being at a greater risk of developing an occupational disease because of the nature of your job duties.
It is important to remember that while you have the right to file a workers’ compensation claim in response to an acute traumatic injury that happened as a result of an accident while you were working, you also have the right to file a claim if you developed an occupational disease as a result of working conditions that placed you at great risk of an occupation disease. For example, job duties with overly repetitive use of your hands that results in carpal tunnel syndrome caused by the repetitive stress is likely a compensable occupational disease. You will need to prove that the on-the-job accidental injury or occupational disease was proximately caused by the accident or work conditions respectively in order to qualify for workers’ compensation benefits.
Once you suffer an injury or are diagnosed with a medical condition caused by your performance of your job duties, you should report the injury or occupational disease to your employer immediately. If you do not report the injury right away, you could miss the reporting deadline, and your employer can deny responsibility for the injury. Report the injury or occupational disease immediately and speak with a Mooresville workers’ compensation lawyer at your first opportunity.
Your attorney can help you file your claim for benefits. They can assist you with completing all necessary forms and gathering all the documentation you must have to submit to the insurance carrier. They can also ensure that your claim is handled in good faith and that you receive a fair settlement offer. You’re more likely to have a smooth experience with your workers’ compensation claim when you have legal counsel on your side.
A successful workers’ compensation claim can yield full coverage for any medical expenses related to your workplace injury as well as compensation for the income you are unable to earn while you recover. An injury that results in a percentage loss of use of a body part or organ can yield a monetary award for the permanent impairment rating based upon a statutory award amount using your compensation rate, which is calculated from your average weekly wage. These compensation benefits can be paid in various configurations based on the specific worker’s needs.
The right Mooresville workers’ compensation lawyer can be an invaluable asset to your case. Your legal team can help you resolve unexpected challenges you encounter and determine all the legal options available to you after an injury at work. Grimes Yeoman, PLLC, can help you maximize your recovery and guide you through every step of your case.
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FAQs
You should hire a Mooresville workers’ compensation lawyer because your case may be more challenging to resolve than you initially expected. It’s possible to encounter disputes with your employer and/or their insurance carrier; you may also have multiple options for recovering compensation. Hiring a Mooresville workers’ compensation lawyer greatly increases your chances of maximizing your recovery.
The amount you can receive in workers’ compensation benefits generally depends on the overall severity of your injury and whether you can continue working after you reach maximum medical improvement. Your Mooresville workers’ compensation lawyer can help you seek maximum benefits for your medical expenses and lost income, and they can also assist you if you have grounds for any further legal recourse outside of workers’ compensation insurance.
A third-party personal injury case could come into play for you if a third party outside of your work is directly responsible for causing your injury. You can still claim workers’ compensation benefits because the injury happened in the course of you performing your job duties, but a third-party case could enable you to recover compensation for damages that workers’ compensation insurance won’t cover, such as your pain and suffering. For example, if you were injured while driving a work vehicle on the clock, and a third party motorist negligently collided with your work vehicle, you will have both a workers compensation claim against your employer and a third party civil claim against the at fault driver that collided with your work vehicle.
You typically cannot bring a civil lawsuit against your employer for a workplace injury in Mooresville if they have workers’ compensation insurance. Workers Compensation benefits under the employer’s workers compensation insurance is meant to function as the sole remedy to any workplace injury for the covered employer. However, there are some rare exceptions in cases of gross and reckless misconduct of an employer, and it is also possible to have grounds to sue a third party if they directly caused your workplace injury.
In North Carolina, the length of time that workers’ compensation benefits last depends on the severity of the worker’s injury and their remaining functional capacity to work after their recovery. Disability benefits can be paid on a partial or total basis. Total temporary disability benefits can be paid for up to 500 weeks or until the worker recovers enough to resume work and permanent disability benefits may be awarded for catastrophic injuries resulting in total loss of ability to work.
You may face many legal challenges in your efforts to collect workers’ compensation benefits in North Carolina, but the right attorney can help you approach this situation with confidence and peace of mind. The team at Grimes Yeoman, PLLC, has the experience necessary to guide you through the most challenging cases, so contact us today to schedule your free consultation with a Mooresville workers’ compensation lawyer and learn how we can assist with your recovery.