Workers’ Compensation (WC) is an administrative system set up by the North Carolina General Assembly to compensate workers who get injured by an accident on the job or develop a disease caused by their job. The system generally provides the worker with compensation even if the worker was partially at fault. The N.C. Industrial Commission (IC) is the Court that handles WC cases.
State law requires almost every private employer in the state to have workers’ compensation insurance, and in many ways, this works similarly to most other types of insurance. When a covered event occurs, the claimant submits their claim to the insurance company for review, and then the insurance company delivers its determination of the claim and a settlement offer. However, when you must file a workers’ compensation claim in Asheville, you face an additional complication in the form of your employer’s role in the process.
Bridgman Gantt has years of experience handling all types of work injury claims for state residents, including those in the Asheville area. We know you are likely to have lots of pressing legal questions about your impending work injury case, and we can provide the guidance you need in this difficult time. The sooner you reach out to legal counsel you can trust, the more likely you are to succeed with your workers’ compensation claim.
Work-related injuries can happen suddenly or accumulate over a period of time. At Bridgman Gantt Law Offices, we represent injured workers from a variety of occupations. We help manual laborers, construction workers, manufacturers, healthcare professionals, and others pursue the workers’ compensation benefits to which they are entitled.
When a workers’ compensation claim is approved, the claimant typically receives two types of compensation. First, the insurance company pays for all their medical expenses, and most long-term treatment costs will be covered. Second, the claimant receives disability benefits that reflect their inability to work and earn income while they recover. Your Asheville workers’ compensation attorney can streamline your claim filing process and resolve any issues that could arise with your employer and/or their insurance carrier. If you have been denied workers’ compensation benefits, contact our Asheville law office. We offer free consultations and contingent attorneys’ fees.
If you have been injured at work, report the injury immediately. This is an extremely crucial step in ensuring your work injury claim meets the requirements established by the North Carolina Industrial Commission (IC) and the General Assembly. Workers’ compensation applications are often denied initially because the injured worker did not give timely notice. This means you must inform your employer of your injuries in writing within 30 days. Even if you miss this deadline, file your claim as soon as you can.
Many people injured while working in Asheville wonder if they qualify to file workers’ compensation claims. As long as an injury occurred while you were working, you are likely eligible to file a claim through your employer. You should report the injury to your supervisor immediately, and they will provide you with the forms needed to file your claim. While it is possible to file your claim on your own, it is advisable to have an experienced Asheville workers’ compensation attorney assist you with the claim filing process. Bridgman Gantt Law Offices can help you meet all your procedural deadlines and resolve any legal complications you encounter as you seek the benefits you legally deserve. We represent clients who suffer from a variety of workplace accident injuries, including:
Clients often encounter problems when their employer claims the injury is the result of a preexisting condition. However, an employer hires an employee “as is,” meaning they hired the employee knowing of this preexisting condition. You may be entitled to workers’ compensation benefits if the preexisting condition is aggravated by your work duties.
We also represent close family members who have lost a loved one in a fatal work accident. We can help pursue a wrongful death claim for the tragic loss of your loved one. Contact an experienced workers’ compensation lawyer at Bridgman Gantt if you sustained an on-the-job injury. Our office is wheelchair accessible and is staffed by an attentive and highly knowledgeable legal team. We represent clients in Asheville, Hendersonville, Waynesville and throughout western North Carolina.
Bridgman Gantt Law Offices represent family members who have lost a loved one in a work-related fatality. We compassionately pursue wrongful death claims and strive to obtain closure for the surviving family members. While your family may be entitled to death benefits through workers’ compensation insurance, it is vital to consult an attorney to determine whether you have further grounds for recourse when a specific party is responsible for causing your loved one’s death at work.
The average injured worker in Asheville is likely to have concerns about the potential cost of hiring an attorney for their work injury case. When you are already struggling with economic losses and the pain of recovery after a workplace injury, expensive hourly legal fees would make an already challenging situation even more difficult.
North Carolina law limits how much an attorney can charge a client for representation in a workers’ compensation case, and the majority of workers’ compensation attorneys operate on a contingency fee basis. This means the client pays nothing upfront and is not obligated to pay ongoing attorneys’ fees for representation. Instead, the attorney takes a percentage of the final case award as their compensation, but they only take this fee if they win the client’s case.
When you choose Bridgman Gantt Law Offices to represent you in a workers’ compensation claim in Asheville, you are investing in years of experience with the workers’ compensation system. The sooner you reach out to our team, the more time we have to develop your case. Contact us to learn how we can help after your workplace injury or manufacturing accident. We offer a free consultation and attorneys’ fees are not paid by you unless we recover the compensation you need and deserve.
A: Most insurance companies will try to “clinch” or close out your claim when they offer a settlement. This means you can never reopen your claim and cannot get any more medical treatment paid by the carrier. Other settlements can be reached that allow you to reopen a claim for at least a two (2) year period after settlement if your condition changes. Whether you should “clinch” or leave the case open for two (2) years is an important decision that should not be made without a complete evaluation of how any future medical expenses will be handled. Medicare and Medicaid have the right to question future medical expenses that result from your work injury.
A: As soon as possible, you should file Form 18 (Notice of Accident of Injury) with the Industrial Commission (C) and your employer informing them that you wish to make a claim. While NC law requires this Form 18 to be filed within thirty (30) days, an absolute limit of two (2) years may be applicable to your claim depending on the facts. After your claim is settled, time limits also exist for reopening the case. This form can be obtained by calling our office at 828-252-2852 or the IC at 800-668-8349 or 919-807-2501 or download from their website at www.ic.nc.gov.
A: To make sure you have all the necessary facts and understanding of NC law to make intelligent decisions on how to handle your WC case, you should consult with a lawyer who is familiar and regularly handles WC cases. The attorneys at Bridgman Gantt Law Offices are both experienced and knowledgeable in all areas of Workers’ Compensation, Social Security Disability and other injury law matters. He can help you understand all of the elements of a WC settlement that may reduce your compensation from other sources, thereby decreasing your bottom line and the net benefits you may otherwise be entitled to receive.
A: All charges for legal services must be approved by the Industrial Commission (IC). Generally, lawyers charge a contingency fee of 25% of your settlement award for their services on WC cases. This fee is payable only if (a) your claim is successful, and (b) the IC approves the fee. Most lawyers also charge for medical records received from medical providers, court costs, charges for medical opinions, and other expenses incurred in handling your claim. These costs are usually payable in addition to IC approved attorneys fees and are charged regardless of whether your claim is successful or not.
For more than 60 combined years, the Bridgman Gantt Law Offices have represented people suffering from accident injuries and disabilities throughout Western North Carolina. Our firm primarily helps people seek and acquire Workers’ Compensation Benefits, Social Security Disability Benefits, and settlements in other personal injury matters.
Every injury claim that we handle is undertaken on a contingency basis. This means that our fee is recoverable only if your claim is successful. Since your initial consultation is free, there is no risk in seeking the advice of a qualified and experienced lawyer. Call for your appointment today and learn about your legal right to benefits under the Industrial Commission rules and North Carolina law.
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