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North Carolina workers’ compensation laws provide benefits to workers injured on the job to compensate their lost wages and medical expenses. However, the workers’ compensation process is not as simple as it may appear.
Many workers do not realize that if a person separate from a worker’s employer is responsible for injuring a worker, additional recovery beyond workers’ compensation benefits could be available.
If you are a worker who was injured in an accident in your workplace, you may be entitled to receive workers’ compensation benefits. Please report your on-the-job injury swiftly and to the correct person within your company. Often workers’ compensation claims become complicated simply because of poor reporting of the injury itself.
At O’Malley Tunstall, PC, we thoroughly understand this area of law, and we are available to put every effort toward helping injured workers get the full recovery they are entitled to receive.
Our Raleigh workers compensation attorneys serve Fayetteville and surrounding areas in North Carolina. We have handled numerous workers compensation cases where employees were injured at work and have taken them to every level of appeal through the Industrial Commission and all the way to the North Carolina Supreme Court. We also help injured workers with issues regarding long-term disability insurance benefits
Some work injuries result in catastrophic back and hip injuries that leave workers permanently disabled. In such instances, an injured worker may never be able to return to work. If you are unable to return to work after an injury on the job, our law firm is available to look at the circumstances of your injury and assess how it may impact your future.
Understanding the relationship between these factors allows us to work hard to pursue the maximum recovery you are entitled to receive. We are available to help you file not only a workers’ compensation claim but also—depending on how you were injured—a personal injury claim. If you are unable to return to work, we can help you apply for disability benefits
Our law firm is able to negotiate with medical and insurance providers to try and reduce the amount of any liens placed on your pending settlement or judgment. We can handle every aspect of helping you recover after your work injury. Our Raleigh workers compensation lawyers’ goals are to help each client rebuild his or her life as best as possible following a life-changing injury.
You pay no attorneys fees unless we recover on your behalf. Contact us online or call us toll-free at 844-234-8630 to schedule a free initial consultation.
If you were injured at work or while performing your work duties elsewhere, it is important to understand your rights to benefits. The following are common questions we hear at O’Malley Tunstall, PC. If you have others, don’t hesitate to contact a Raleigh workers comp lawyer at our office locations in Raleigh or Tarboro.
Workers’ compensation laws allow people who have been injured on the job (or while performing work duties elsewhere) to receive benefits without having to go to court.
All work-related injuries and illnesses are covered by workers’ compensation. However, if you have a preexisting condition that is unrelated to your work, it will not be covered unless your work duties made it worse or aggravated it.
Workers’ compensation laws provide an opportunity for a hearing if you and your employer or your employer’s insurer cannot resolve a dispute. While it is not required, it is a good idea to be represented by an attorney at this hearing.
Workers’ compensation law still applies, and a separate personal injury lawsuit may also be filed against the person or entity who is at fault.
You may be able to continue receiving workers’ comp benefits after a return to work in certain circumstances. If you are paid the same or more than what you were making previously, then it is likely that benefits will be stopped. If you’re making less money, however, you may continue to receive wage loss benefits.
Getting to and from work may not be covered; however, there are specific exceptions to the “going and coming” rule that may result in the applicability of workers’ compensation.
The North Carolina Industrial Commission (NCIC) is a pivotal agency for Raleigh workers seeking compensation for job-related injuries or illnesses. Established in 1929, the NCIC administers the Workers’ Compensation Act, ensuring that injured workers receive the benefits and support they are entitled to under North Carolina law.
Role and Function: The NCIC oversees all workers’ compensation claims in the state. This includes processing claims, resolving disputes, and ensuring that employers comply with workers’ compensation laws. The Commission acts as an impartial body to adjudicate claims, making decisions on the extent of injuries, appropriate compensation, and medical benefits.
Filing a Claim: If you suffer a workplace injury or illness, it’s crucial to file a workers compensation claim with the NCIC promptly. The process begins with reporting the injury to your employer, followed by submitting a Form 18, Notice of Accident to Employer and Claim of Employee, Representative, or Dependent, to the NCIC. This form should be filed within two years of the injury date.
Medical Treatment: Under North Carolina law, your employer or their insurance carrier has the right to direct your medical care. However, if you are dissatisfied with the provided medical treatment, you can request a change of physician through the NCIC.
Compensation Benefits: Workers’ compensation benefits include coverage for medical expenses, temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, and permanent partial disability (PPD) benefits. In cases of severe injury leading to permanent total disability, lifetime benefits may be awarded.
Dispute Resolution: Disagreements between injured workers and employers or insurance companies are not uncommon. The NCIC provides several avenues for dispute resolution, including mediation, hearings before Deputy Commissioners, and appeals to the Full Commission. Having an experienced workers’ compensation attorney can be invaluable in navigating these processes and ensuring your rights are protected.
Legal Representation: Navigating the complexities of workers’ compensation law and the NCIC procedures can be challenging. A skilled Raleigh workers’ compensation attorney can assist you in filing your workers compensation claim, gathering necessary evidence, negotiating settlements, and representing you in hearings and appeals.
You have a right to have a lawyer help you at any stage of your workers’ compensation claim process. This is a right that no one can take away. Not only will an attorney from O’Malley Tunstall, PC guide you through the process and represent you at any hearings, but we will also fight to get you all the benefits you deserve. Call us at with any additional questions.
Let Us Help! Call us at (919) 277-0150 or fill out this quick form and we will contact you within 24 hours!
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“I highly recommend this law firm!!! They worked diligently on my permanent disability case! I was injured in a car wreck which had left me unable to work. Susan O’Malley got my disability approved in under 6 months! It was my 1st time ever applying for permanent disability as well! It was a pleasure to work with you! They were always on top of everything and responded promptly to any questions I had!”
Let Us Help! Call us at (919) 277-0150 or fill out this quick form and we will contact you within 24 hours!
O’Malley Tunstall PC
8300 Falls of Neuse Road
Raleigh, NC 27615
O’Malley Tunstall PC
1151 Falls Rd, Ste 1008
Rocky Mount, NC 27804
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