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Greensboro Worker’s Compensation Rights
North Carolina’s workers’ compensation involves a complex set of statutes, regulations and procedural rules that govern the benefits an injured worker is entitled to and how those benefits are paid. These statutes, regulations and procedural rules also specify the complex procedure to be followed when there is a dispute between the injured worker and the employer and insurance company.
You can bet your employer and the workers’ compensation insurance companies know these complex guidelines inside and out. They also know that working through the statutes and rules is confusing and frustrating for the injured party – you. Their goal is to pay as little benefits or settlement to you as possible.
You need a Greensboro workers’ compensation lawyer from Schlosser & Pritchett working on your behalf, to protect your rights and to make sure you receive the benefits you’re entitled to. According to the North Carolina Division of Worker’s Compensation, injured workers represented by attorneys receive settlements that are more than double the settlement of those not represented.
Know The North Carolina Worker’s Compensation Process
Workers’ Compensation is a “no fault” system (with only a few exceptions) in which a worker with qualifying injuries on the job is compensated by his or her employer or the employer’s insurance company, without regard to the negligence of the employer or the injured worker. The system is governed by the Workers’ Compensation Act and is administered by the Industrial Commission, which also serves as the court for litigating disputes.
Here are the steps you should take in filing your worker’s compensation claim in North Carolina:
1. Notify your employer in writing of your worker’s compensation injury within 30 days of the injury. If you fail to complete this step, your ability to receive compensation could be risked.
2. Seek medical attention from a healthcare professional that has been authorized by your employer.
3. File your worker’s compensation claim with the North Carolina Industrial Commission (NCIC) within two years of the accident. Although two years is the statue of limitations, the process can be quite involved. It is prudent to contact a North Carolina worker’s compensation attorney to help with the process. It is safer to file the claim as soon as possible.
4. Attend a hearing and claim the worker’s compensation benefits you are due. If your employer denies your worker’s compensation claim, you should seek the advice of a skilled worker’s compensation attorney immediately.
Worker’s Compensation Rights
As an injured worker in North Carolina, you have certain rights. The full protection of these is a primary focus of our law firm's practice. In working with a Greensboro workers' compensation attorney from Schlosser & Pritchett, you will have an experienced legal professional fighting to protect your rights as an injured worker through every step of the claims process. Following are just a few of your rights in regard to work-related injuries and accidents:
- The right to prompt, effective medical treatment by the company's doctor.
- The right to seek medical care from a different physician if you would like a second opinion or are not satisfied with the company's physician.
- The right to file for workers' compensation benefits without fear of employer retaliation. Your employer may not fire, demote or otherwise penalize you for being injured on the job or seeking workers' comp benefits.
- The right to benefits for all medical treatment related to your work injury.
- The right to benefits for any temporary or permanent disability resulting from your work-related injury or illness.
Accepted Versus Denied Cases
Many North Carolina worker’s compensation cases are accepted by the employer and their insurance companies and the claims go relatively smoothly—the worker receives medical treatment and, if unable to work, compensation for wages. While return to work is usually at the original job, sometimes it can be to a different, suitable job with the original employer or even with another employer. In the small percentage of accepted cases that do not go smoothly, return to work issues are often the reason.
While many workmen’s compensation cases do not require a lawyer, going it alone can be a big risk to take because of the complexity of worker’s compensation laws and cases. If you have concerns, you should contact a qualified workers’ compensation attorney at Schlosser & Pritchett.
Workers’ compensation claims can be denied for a variety of reasons, ranging from simple credibility questions to complicated issues of whether the employment relationship existed, an accident “arose out of” the employment, or a condition constitutes an occupational disease. If there is a dispute you wish to litigate, you must file a separate hearing request with the Industrial Commission.
Schlosser & Pritchett – Dedicated Greensboro Worker’s Compensation Attorneys
Worker’s compensation claims can be a complex area of personal injury law. There are work-related injuries that can be questionable, assignment of benefits issues, and accident circumstances that could be disputed. It is extremely advisable to have a knowledgeable worker’s compensation attorney if:
- If you have sustained a particularly severe injury or disability
- If you will be unable to return to work
- If you had a high level of wages before your injury
- If you are receiving pressure from your employer or insurance adjuster to resolve the matter
- If there is question of whether you are an independent contractor, employee or employee of a subcontractor
- If you are receiving discrimination as a result of your claim
- If there are third party claims involving negligence of persons outside your employer
- If your claim for benefits has been denied
The Greensboro worker’s compensation attorneys at Schlosser & Pritchett have been battling large corporations and insurance companies for more than 25 years. Let us help you maximize your worker’s compensation benefits and minimize your stress.
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Schlosser & Pritchett
5709 West Friendly Avenue
Greensboro, NC 27410
Phone: 336-292-4076
Fax: 336-292-8003
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