Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Hendersonville Workers Compensation Lawyer
Hendersonville Workers Compensation Attorney
If you’ve been injured on the job or suffered an illness due to workplace exposure to toxins or other hazardous materials, you have the right to payment for your damages. Workplace injuries can take time to heal, and you may need ongoing care to recover. You shouldn’t have to worry about covering your expenses or the wages you’re missing out on while you’re away. A Hendersonville workers’ compensation lawyer from Bridgman Gantt Law Offices can help you get the funds you deserve for your injury.
Your Rights After Suffering an Injury at Work
Employers with three or more employees are required to carry workers’ compensation insurance to protect workers if they’re injured on the job. If you suffer an injury or illness due to your work duties, it’s important to know that you have certain rights to protect yourself.
Immediately upon suffering the injury, you have the right to appropriate medical treatment. Your employer or their workers’ compensation policy is responsible for the cost of treatment. Similarly, you have the right to ongoing care if it’s necessary, which your employer would also cover. Keep in mind that your employer reserves the right to select the doctors who treat you.
If a doctor determines you cannot return to work, either on a temporary or permanent basis, you have the right to compensation for your lost wages. In 2023, 946,000 workers’ compensation cases included days missed from work, so it isn’t uncommon for employees to get this compensation. Above all, you have the right to protection from retaliation. Your employer cannot take action against you for filing a workers’ compensation case, nor for missing time from work.
How to Apply for Workers’ Compensation in North Carolina
With 2.4 workers’ compensation cases for every 100 full-time employees in the U.S., it’s important to know what the process of applying for benefits looks like. To apply for benefits, you follow these steps:
- Report the injury
- Receive medical care
- File with the NCIC and submit a copy to your employer
After you file your claim, your employer’s insurance carrier reviews your application. They assess your injury, medical records, and accident details to determine if they accept or deny your claim. If they accept, benefits begin immediately, and you can receive payment for expenses you’ve already incurred. Your employer-approved doctor can provide regular updates on your condition to determine if continued benefits are necessary.
If they deny your claim, you can request a hearing with the NCIC to review your case by filing Form 33, and the deputy commissioner may order the insurance company to provide your benefits. If they deny you, you can file an appeal with the full commission. Finally, should your case be denied there, too, you can file a final appeal with the North Carolina Court of Appeals.
Deadlines to Know About for Your Workers’ Compensation Case
When you suffer an injury at work, you should know what deadlines you have to follow throughout the process so that you don’t miss out on benefits you deserve. Keep the following deadlines in mind as you proceed with your case:
- Report the injury: Within 30 days of the injury
- File Form 18: Two years from the injury date or the last payment from your employer
- File Form 33: No deadline, but it should be filed as soon as possible
- Appeal the Deputy Commissioner’s decision: Within 15 days of the denial
- Appeal a Full Commission decision: Within 30 days
Missing any of these deadlines means you could be barred from receiving your benefits. It’s wise to speak to a Hendersonville workers’ compensation attorney so that you file the appropriate forms and appeals in time.
What Is the North Carolina Industrial Commission?
The North Carolina Industrial Commission is a state agency and court that oversees and resolves disputes under the Workers’ Compensation Act. The NCIC aims to provide fair treatment for employees and employers alike, managing various disputes and providing administrative oversight. The NCIC also has an information specialist who can help direct people who have inquiries.
How Bridgman Gantt Law Offices Can Help
At Bridgman Gantt Law Offices, we have over 60 years of combined experience. We work tirelessly for injured employees, advocating for them to get the benefits they need. We know the state’s workers’ compensation laws, and we include our clients in every decision along the way toward securing approval. We can help you receive appropriate medical care, collect medical documentation of the severity of your injuries, file the appropriate forms, and represent you in hearings and appeals.
Above all, we want you to be confident in our abilities to represent you, and we invite you to reach out to us to learn about our lawyers and our services. We have a long track record of successful cases, and we’re eager to put our experience and knowledge to work for you. Schedule a free consultation to discuss your case.
FAQs
How Does Workers’ Compensation Work in North Carolina?
Workers’ compensation works by providing employees injured on the job two-thirds of their lost wages, tax-free, and covering any medical bills stemming from the injury. Compensation can also cover permanent impairment and training to transition into another role or industry if you can no longer work in the same capacity. To apply, you must report the injury, file Form 18 with the North Carolina Industrial Commission, and then await claim review before ruling.
Can Independent Contractor’s Receive Workers’ Compensation in North Carolina?
Generally, independent contractors are not eligible for workers’ compensation unless they purchase their own insurance policy. They are typically not covered by a business’s policy if they are not directly employed. However, many companies misclassify employees and independent contractors. You may still be eligible for benefits depending on how much control your employer has over you and the nature of your employment.
What Is Not Covered Under Workers’ Comp?
Workers’ compensation typically does not cover injuries that result from workplace misconduct, drug or alcohol usage while at work, self-inflicted actions, commuting to or from work, or crimes. Additionally, workers’ comp is limited in the damages it covers. Workers cannot claim pain and suffering or punitive damages, and contract workers have no access to benefits.
Can You Be Terminated While on Workers’ Comp in NC?
Yes, you can be terminated while on leave with workers’ compensation. Hendersonville, North Carolina is an at-will employment state, meaning an employer can fire a worker for any reason that is not protected by law. If the company is downsizing, they’re unhappy with your performance, or you’ve broken company rules, then your employer is well within their rights to terminate you. However, they cannot fire you in retaliation for filing for workers’ compensation.
Hire a Workers’ Compensation Lawyer
If you’ve suffered an injury from a workplace accident or got sick from exposure to dangerous materials, you deserve compensation for your losses. An experienced attorney can work with you to get you the benefits you deserve. Whether you need help finding proper medical care or appealing a denial by the North Carolina Industrial Commission, or any other issue in between, hire a workers’ compensation lawyer to be your trusted partner throughout the process.
Contact the team at Bridgman Gantt Law Offices to discuss your case and learn how we can help. Schedule your free consultation today.
Hendersonville Workers’ Compensation Lawyer Reviews
★★★★★
“What an amazing and professional group of people!! Mr. Gantt was super informative and treated us with respect and kindness. He explained everything from start to finish. His team was always available and were also kind and professional. When it came time to go to court he called a few days before and went through the process step by step. Making us feel comfortable. The day of court he called again and asked if we had questions or concerns. Ensured us that everything was going to be okay and just relax and he would be there every step of the hearing. Once the hearing was done he called us again and explained what he felt the result was going to be, and he was right! Would 100% recommend him to anyone. Thank you Mr. Gantt!” – Polly Clark
★★★★★
“All I can say is that this firm took care of EVERYTHING! I never felt out of the loop and was quite happy with the results. Also, Mr. Gantt and the staff made it extremely easy to discuss matters, even those that are personal! Thanks!” – Ken Soltys
★★★★★
“Mr. Bridgman was professional and on point he kept me fully aware of the process and what was always going on a true blessing to me and others.” – Tameron Gaines
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2125 Southend Drive
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Charlotte, NC 28203
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Greensboro, NC 27408
Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Charlotte Office
Asheville North Carolina
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