North Carolina Workers Comp Attorneys
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.
The Importance Of Reporting Job-Related Injuries
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
Representing Clients Suffering From Serious Or Catastrophic Work Injuries
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.
We Can Come To You. Let Our Experience Help Further Your Recovery.
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.
What You Need To Know About Workers’ Comp
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.
What is workers’ compensation?
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.
What kinds of injuries are covered under workers’ compensation law?
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.
My employer and I disagree about my workers’ compensation benefits. What can I do?
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.
I was hurt at work, but it wasn’t my employer’s fault. Can I still get workers’ comp benefits?
Workers’ compensation law still applies, and a separate personal injury lawsuit may also be filed against the person or entity who is at fault.
If I return to work while I’m still collecting benefits, will they stop?
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.
I was injured on my way to work. Would that be a workers’ compensation claim?
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 and Workers Compensation Benefits
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.
Do I need a lawyer for my workers’ comp case?
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.