Winston-Salem Abogado de accidentes laborales

Winston-Salem Workers’ Compensation Attorney

Accidents at work are not uncommon. They can happen in any type of workplace and for many different reasons. It is vital that, in the event of a workplace accident, you take the proper steps to protect not only yourself but your future claim, should you wish to file for workers’ compensation. Not every workers’ comp claim is going to go the way it should, so you should contact a Winston workers’ compensation lawyer to increase the chances of securing the benefits you need.

When pursuing a workers’ comp claim, there could be numerous obstacles standing between you and the compensation you deserve. Some of those obstacles may be easy to anticipate, while others may be totally unexpected.

En experienced Winston-Salem workers’ comp lawyer de Butler, Quinn & Hochman, PLLC can review your case to determine the most effective course of action. They can also provide you with quality legal assistance throughout as you navigate what might be a difficult process.

Filing for Workers’ Comp in North Carolina

Virtually every company in North Carolina that employs more than three people is required by state law to carry seguro de accidentes laborales in the unfortunate event that one of their employees suffers an accident, injury, or illness as a result of their job. North Carolina has comprehensive legislation in place to provide injured employees with detailed information on the rights they have when seeking workers’ comp.

The actual filing process for workers’ comp in Winston-Salem can be somewhat difficult, especially if you do not retain the services of an experienced workers’ comp lawyer, who can help you figure out your next steps after dealing with a workplace accident. If you are concerned about missing deadlines or going up against obstinate insurance companies, you may want to bring your case before a workers’ comp lawyer early on. That way, they can manage your claim from the outset. The process begins here:

• Seek Immediate Medical Help: Depending on the nature of your workplace accident, you may be in immediate need of medical assistance. If this is the case, stay calm and do not move. Try to get someone else’s attention and have them call 911 or take you to an onsite medical facility if your workplace has one.
• Report the Accident: When you are injured in a workplace accident, to start the workers’ comp application process, you are legally required to report the details of the accident to your employer as soon as possible and no later than 30 days after. You can either submit a written report to your supervisor or file a Form 18 with the North Carolina Industrial Commission.
• Seek Additional Medical Help: You should go see a doctor to get a more thorough examination of your injuries. Be sure to tell your doctor that the injuries were the result of a workplace accident. This will let your doctor know to treat this as a workers’ comp claim and bill the right party accordingly.
• Follow the Treatment Plan: After your doctor looks you over and assesses your situation, they will likely provide you with a treatment plan. It is very important that you follow this plan as closely as possible. If you fail to stick to the treatment plan and your employer’s insurance carrier discovers it, it could be considered grounds for a denial of your claim. They might say that your injury isn’t that bad if you are forgoing your prescribed treatment.
• Wait for a Response: Once you submit your workers’ comp claim for review by your employer’s insurance carrier, you will likely receive a response within 14 days. The response will either accept your claim and provide you with workers’ comp benefits or deny your claim and explain the grounds for that denial.
• Request a Hearing: If your claim is denied, that’s not the end of the process. You have additional options. One such option is requesting a hearing with the North Carolina Industrial Commission. If you haven’t already done so, now would be a good time to bring your case to a workers’ comp lawyer who can help you.

Important Qualities in a Workers’ Comp Lawyer

It is vital to your case that you have somebody on your side who understands the complexities of the workers’ comp claims process in North Carolina. After all, having someone in your corner with focused knowledge of your situation can only be a critical advantage. Depending on your unique situation, applying for workers’ comp benefits can be a straightforward process or a complicated one. Seeking out proper representation can make all the difference.

If you decide to go at it alone and try to handle this situation by yourself, you could risk losing your workers’ comp benefits and having your claim denied for good. Here are some important qualities you may want to look for when choosing a workers’ comp lawyer to hire:

Experience

Arguably, the most important quality a lawyer can bring to your case is experience. If at all possible, you should hire a lawyer who has significant experience in handling cases similar to yours, as well as substantial victories in those cases. An experienced workers’ comp attorney can adapt past winning strategies to your situation and anticipate setbacks better than others.

It may be important for you to prepare for certain scenarios that may arise, and an experienced lawyer can make sure you understand everything that could happen. Keeping surprises to a minimum while you focus on your recovery can be critical to the healing process.

Reliability

It is very important that you hire somebody you can rely on. You want someone you can trust to put your case first and treat it with as much gravity as you do. Hiring a reliable, dependable, trustworthy, and focused workers’ comp lawyer can make all the difference when the time comes to file your claim. Commitment is everything.

Communication

One of the most important qualities you can find in a lawyer is communication. Lawyers, essentially, communicate for a living. They have to explain details in an effective way to their clients, other lawyers, judges, juries, private detectives, and many others. If a lawyer cannot communicate, there’s very little else they can do for you. In addition, communication is a two-way process, and your lawyer should be a good listener.

Preguntas frecuentes

Q: What Is the North Carolina Workers’ Compensation Act?

A: The North Carolina Workers’ Compensation Act is a state law that provides workers in North Carolina with compensation if they suffer a workplace accident, injury, or illness. The law requires most businesses that employ at least three workers to carry workers’ compensation insurance in case one of their employees needs coverage. Exceptions may include logging operations, domestic workers, and some agricultural employers.

Q: What Is the Highest Workers’ Comp Settlement in North Carolina?

A: The highest workers’ comp settlement in North Carolina is largely useless when attempting to estimate the potential value of your own settlement. Every workers’ comp case is different. Depending on the situation, some settlements may be larger than others. Every case has its own unique set of details and circumstances that are going to influence the final decision. Certain factors, like the severity of your injuries, the stance of the insurance company, and your lawyer’s negotiation skills, are going to affect the final value of your case.

Q: Does Workers’ Comp Pay for Pain and Suffering in North Carolina?

A: No, workers’ comp does not pay for pain and suffering in North Carolina. North Carolina’s workers’ comp process is a no-fault system, which means that you don’t have to prove anybody at fault to receive benefits. You only have to prove that the accident happened at work. If you want to pursue additional compensation for pain and suffering, you would have to pursue a personal injury case against the individual who caused your accident. Your lawyer can explore potential avenues to seek this form of compensation.

Q: How Long Do I Have to Take Legal Action for Work-Related Injuries in North Carolina?

A: In North Carolina, you will have two years to take legal action for a work-related injury. The statute of limitations for a workers’ comp claim is two years from the date of your initial injury or the discovery of your condition. You will have two years to develop your case, ideally with the aid of a workers’ comp lawyer, and file a claim for compensatory damages. If you can’t file a claim within two years, your case may be dismissed.

Reach Out to an Experienced Workers’ Comp Lawyer Today

When you suffer a workplace injury, it can be difficult and painful to pursue a workers’ comp claim on your own. The situation can get even more complicated if your initial claim is denied. You may be feeling like you have already lost, and that’s simply not the case. An experienced workers’ comp lawyer can develop a strong case or a strong appeal, depending on what you need.

Butler, Quinn & Hochman, PLLC, understands the kind of legal knowledge you will need to fight for your workers’ compensation benefits. We can build up your case, gather evidence, and make sure you aren’t taken advantage of by any insurance companies. Póngase en contacto con nosotros to schedule a consultation with a valued team member today.