After a workplace injury, your doctor may determine that your condition won’t improve further yet you will not regain full function in part of your body. North Carolina Workers Compensation pays permanent partial disability benefits if certain body parts are impaired. 

Impairment ratings play a significant role in determining the benefits that injured workers are entitled to receive. 

This article will delve into how impairment ratings work and the calculation of benefits based on ratings.

If you have been hurt on the job, don’t hesitate to contact our North Carolina workers’ compensation lawyers.

Understanding Impairment Ratings

The North Carolina Industrial Commission defines permanent disability as a reduction or absence of the ability to engage in gainful activity due to impairment, with no expectation of fundamental or marked improvement in the future.

To determine the impairment rating, a doctor assesses various parts of the worker’s body and identifies any limitations or damage. The doctor assigns a percentage based on the degree of impairment for each affected body part. 

Previously, doctors performed impairment ratings, but now specialized physical therapists carry out detailed testing using guidelines established by the American Medical Association. This testing, a Functional Capacity Exam (FCE), evaluates the worker’s abilities and limitations.

It is essential to note that impairment ratings are only evaluated once the worker has reached Maximum Medical Improvement (MMI). This means additional medical treatment will no longer improve the worker’s condition. 

The worker may still be entitled to medical benefits if the treatments prevent their condition from worsening. However, the right to additional wage loss benefits is re-evaluated, requiring a physical examination by a physician, often followed by an extensive workup with a physical therapy facility.

How Authorized Treating Doctors Assign Impairment Ratings

Authorized treating doctors play a crucial role in assigning impairment ratings. These doctors evaluate the injured worker’s condition and determine the extent of impairment to specific body parts or functions. 

In some cases, physical therapists may perform functional capacity exams (FCEs) to assess the worker’s abilities and provide guidance for the impairment rating.

While FCEs and guidelines from the American Medical Association are often used, the final impairment rating is ultimately based on the examining doctor’s independent opinion, knowledge, experience, and clinical examination. Injured workers have the right to seek a second opinion on their rating, which is paid for by the employer.

Calculating Benefits Based on Impairment Ratings

The calculation of benefits for permanent partial impairment (PPI) is based on three factors: the number of weeks set as a maximum for the specific type of injury, the impairment rating percentage, and the worker’s average weekly wage. These factors are multiplied to determine the compensation the injured worker owes.

For example, if an injured worker has a 25% impairment rating to their ankle, and the number of weeks assigned for ankle impairment is 144, the calculation would be as follows: 25% (rating) x 144 weeks x average weekly wage. The resulting amount would be the payment owed to the worker for their permanent partial impairment.

Section 97-31 of the North Carolina Workers’ Compensation Act outlines the maximum number of weeks workers can receive permanent partial disability benefits for injuries to different body parts. Here are some examples:

• Thumb – 75 weeks
• Arm – 240 weeks
• Foot – 144 weeks
• Leg – 200 weeks
• Eye – 120 weeks

Reach Out To North Carolina Workers’ Comp Lawyers Today

You don’t have to navigate the complexities of a workers’ compensation claim alone. Don’t hesitate to contact our dedicated team of experienced North Carolina workers’ comp lawyers. 

We understand the importance of impairment ratings in determining the benefits you deserve after a workplace injury. Our firm is here to provide you with the support and legal insights you need to navigate this intricate process. 

Whether you have questions about calculating benefits based on impairment ratings, understanding the different classifications of work injury disability, or ensuring you make informed decisions about your claim, we’re here to help. 

Call us today at 919-328-2336 to schedule a consultation and gain a clearer understanding of your rights and options. 

Have you ever wondered what illnesses are covered under workers’ compensation? When it comes to workplace injuries, we often think of accidents or physical trauma. However, there are numerous common occupational illnesses that can also qualify for workers’ compensation. 

From respiratory diseases caused by exposure to harmful substances to hearing loss, these ailments can significantly impact employees’ lives. This blog post will explore some of the most prevalent occupational diseases that may be eligible for workers’ compensation benefits.

Occupational Respiratory Diseases

Occupational respiratory diseases are a significant concern in many industries. These conditions, such as occupational asthma, chronic obstructive pulmonary disease (COPD), or other lung disorders, can be caused by exposure to harmful substances like dust, fumes, chemicals, or allergens. In workplaces where these substances are present, employees may inhale them over time and develop respiratory problems.

One of the most common culprits is dust. Industries like construction and mining often involve working with dusty materials that can irritate the airways and lead to long-term respiratory issues. Similarly, exposure to fumes from welding or chemical processes can also have detrimental effects on lung health.

Hearing Loss

Exposure to loud noises in the workplace can have serious consequences for your hearing. Hearing loss is a common workplace illness affecting many individuals working in manufacturing, construction, and industrial settings. Prolonged exposure to high decibel levels can lead to irreversible damage, causing permanent hearing impairment.

The constant noise generated by heavy machinery or equipment can take a toll on your ears over time. The vibrations from power tools or metal clanging can gradually wear down your hearing ability. It’s not just about one loud bang; it’s about sustained exposure to these loud noises daily.

Repetitive Strain Injuries (RSIs)

Repetitive Strain Injuries (RSIs) are common workplace ailments that can cause significant discomfort and impair one’s ability to perform daily tasks. Conditions such as carpal tunnel syndrome, tendonitis, or bursitis can develop as a result of repetitive tasks, awkward postures, or prolonged use of certain body parts.

Workers who engage in activities that require repeated motions, like typing on a keyboard or operating machinery, are particularly susceptible to RSIs. The constant repetition and strain placed on specific muscles, tendons, and joints can lead to inflammation and pain over time.

Work-Related Musculoskeletal Disorders

Many individuals spend most of their workday performing physically demanding tasks that can take a toll on their bodies. The repetitive motions and strenuous activities required in certain jobs can lead to various musculoskeletal disorders. Back pain, neck pain, and joint problems are common issues workers in these professions face.

These conditions often arise due to prolonged periods of sitting or standing in awkward positions, lifting heavy objects without proper technique, or engaging in repetitive movements without sufficient breaks. Moreover, poor ergonomics in the workplace can exacerbate these problems by placing additional strain on the muscles and joints.

Chemical Exposure

When it comes to workplace safety, one of the most concerning issues is chemical exposure. Many industries rely on various chemicals and toxic substances for their operations, putting workers at risk of developing serious illnesses. The consequences can be severe, Whether inhaling fumes, coming into direct contact with corrosive materials, or experiencing chemical spills.

Exposure to hazardous chemicals can lead to a range of health problems. Workers face significant risks daily, from acute poisoning symptoms like nausea and dizziness to long-term effects such as organ damage or even cancer. It’s crucial for employers to prioritize safety measures like proper ventilation systems, personal protective equipment (PPE), and thorough training programs to mitigate these dangers.

Infectious Diseases

When it comes to  occupational illnesses, infectious diseases can be a significant concern. Those working in healthcare settings often risk contracting illnesses from their patients. Similarly, individuals working in the food service industry may come into contact with various foodborne pathogens.

These infectious diseases range from common colds and flu-like symptoms to more severe conditions like hepatitis or tuberculosis. These diseases can be transmitted through direct contact with infected individuals or by inhaling respiratory droplets containing contagious agents.

Heat-Related Illnesses

Working in hot environments without proper preventive measures can put employees at risk of heat-related illnesses. Conditions such as heat exhaustion or heatstroke can have serious consequences for workers’ health and safety. These illnesses occur when the body cannot regulate its temperature effectively, leading to overheating.

Heat exhaustion is a milder form of heat-related illness typically resulting from prolonged exposure to high temperatures. Symptoms may include heavy sweating, weakness, dizziness, nausea, and headache. If left untreated, it can progress to a more severe condition known as heatstroke.

Work-Related Skin Disorders

Skin is our body’s first line of defense, but sometimes it can become vulnerable in the workplace. Work-related skin disorders are a common concern for many employees. These conditions, such as dermatitis, eczema, or chemical burns, can be caused by exposure to irritating substances found in various industries.

Dermatitis is a painful and itchy inflammation of the skin that occurs when exposed to allergens or irritants at work. Eczema is another chronic condition characterized by dryness, redness, and itching of the skin. Both these conditions can significantly impact an individual’s quality of life and ability to perform job tasks effectively.

Chemical burns are particularly concerning and can result from direct contact with hazardous substances in certain work environments. These burns can cause severe pain and long-lasting damage if not treated promptly.

Asbestos-Related Diseases

Asbestos has long been recognized as a hazardous substance that can cause serious health problems. Among the most concerning are asbestos-related diseases like asbestosis, lung cancer, and mesothelioma. These conditions can develop after inhaling asbestos fibers over an extended period.

Workers in construction and industrial settings are particularly at risk due to the presence of asbestos-containing materials. The microscopic fibers can become airborne when disturbed or damaged, posing a significant threat to those who breathe them in. Unfortunately, symptoms may not appear for decades after exposure, making detecting these diseases difficult.

Reach Out To Our North Carolina Workers Compensation Lawyers Today

If you have suffered from any of these common work-related illnesses, it is important to know that you may be eligible for workers’ compensation benefits. These benefits can provide financial assistance for medical expenses, lost wages, and rehabilitation services, helping you recover and get back on your feet.

However, navigating the workers’ compensation process can be complex and overwhelming. That’s why contacting experienced North Carolina workers’ compensation lawyers who specialize in handling these cases is crucial. They have the knowledge and expertise to guide you and help you receive the full benefits you deserve.

don’t hesitate to seek help. Call us at 919-328-2336 today to schedule a consultation with our dedicated team of workers’ compensation lawyers. We understand your challenges, and we are here for you every step of the way.

It’s one thing to get hurt on the job. It’s another to suffer a catastrophic injury. If you suffer a life-changing injury at work, you should receive special damages. The problem is that most people just assume that the insurance company will do the right thing. What you need to do is retain a Greenville workers comp attorney.

What Workplace Injuries Are Considered Catastrophic in North Carolina?

In North Carolina, a catastrophic injury is any injury that permanently prevents an employee from returning to work. To be considered catastrophic, your injury must be permanent and there must be no chance of your making a full recovery. 

Some of the more common catastrophic injuries include:

• Paralysis
• Amputation
• Severe burns
• Traumatic brain injury
• Amputation
• Blindness
• Deafness
• Neurological damage
• Nerve damage
• Severe organ damage
• Facial deformities

We understand that this list is rather long. However, when you’re trying to determine if your injuries qualify as catastrophic, it’s important that you have this information.

How Are Catastrophic Injuries Different from Ordinary Workplace Injuries?

As you can imagine, catastrophic injuries are more severe and impactful than ordinary workplace injuries. There are also other differences between the two:

• Catastrophic injuries are much more severe, often resulting in permanent disability or death. 
• These injuries are also more expensive to treat, often requiring extensive hospitalization, surgery, and rehabilitation. 
• Catastrophic injuries have a profound impact on both the employee and their family. They may end up having to take care of the employee for the rest of their life. 
• Many employees who suffer a catastrophic injury are not able to return to work in any capacity.

Knowing what’s at stake, you should strongly consider hiring a skilled Greenville workers comp attorney to handle your claim for you.

What Are the Standard Benefits You Receive Under Workers Compensation? 

If your workers’ compensation claim is approved, you’ll receive three types of damages. First, any medical care related to your workplace injury will be covered by insurance. 

Second, you’ll receive weekly benefits to cover your lost wages. These benefits will be equal to 2/3 of your average weekly wages. They are capped at $1,254. What this means is that people who make more than $1,880 will technically receive less than a full two-thirds. 

Finally, if you need it, you will be offered vocational rehabilitation.

People who suffer a catastrophic injury are entitled to additional benefits. 

What Special Benefits Are You Entitled to If You Suffer a Catastrophic Injury?

In addition to the benefits outlined above, workers who suffer a catastrophic injury are entitled to other benefits as well. For example, in most workers compensation cases, employees can only collect benefits for 500 weeks.

This may sound like a long time, and it is. When you think about it, 500 weeks is close to 10 years! For people with a catastrophic injury, there is no limit. They can collect benefits for the rest of their lives.

In addition, these employees are entitled to medical care on the injured body part for the rest of their life. For example, if someone suffered a broken neck in a construction site fall, any treatment related to their neck will be covered.

Sadly, some workers who suffer a catastrophic injury don’t survive. In these situations, their family will be entitled to survivor benefits. 

What Types of Workers Are at Risk of Sustaining a Catastrophic Injury?

There are many different types of workers who are at risk of sustaining a catastrophic injury. It all depends on the type of work they do. Some of the occupations that put workers at a higher risk of a catastrophic injury include:

• Construction workers are at risk of falling from heights, being struck by falling objects, and being electrocuted. 
• Factory workers are at risk of being caught in or crushed by machinery. 
• Oil field workers are at risk of being exposed to hazardous chemicals and materials. 
• Truck drivers are at risk of being involved in a serious accident. 
• Firefighters are at risk of developing mesothelioma or other cancers.

Of course, this is not an exhaustive list. Just because you don’t fit into any of these groups doesn’t mean your injuries won’t qualify as being catastrophic. The only way to know for sure is to meet with an experienced Greenville workers comp attorney.

Reach Out to a Skilled Greenville Workers Compensation Lawyer Today

If you suffer a catastrophic injury at work, you need to demand special benefits. If you don’t press the issue, you can bet the insurance company won’t offer you these benefits. Plus, these cases are hard to navigate. You’re better off hiring a Greenville workers comp attorney to handle things.

If you work in a dangerous injury, you’re at a higher risk of suffering a catastrophic injury. There’s nothing wrong with demanding what you’re entitled to. There’s a good chance you won’t be able to handle things anyway. 

You could be in the hospital or a rehabilitation center. The last thing you’ll want to worry about is your workers’ comp claim.

We suggest you contact our office today at (919) 328-2336 and schedule your free, initial consultation.

Regarding workers’ compensation, subrogation is a term often thrown around without much explanation. But what exactly is a subrogation claim? And why does it matter for injured workers? 

Subrogation refers to the process by which an insurance company seeks reimbursement for expenses paid out on behalf of an injured worker. This could include medical bills, lost wages, and other benefits.

In this blog post, we’ll dive into the most common misconceptions about subrogation in workers’ compensation and set the record straight once and for all!

Subrogation Only Applies to Third-Party Claims 

It’s a common misconception that subrogation only applies to third-party claims in workers’ compensation cases. While it’s true that subrogation can apply to these types of claims, it also extends beyond them.

In some cases, subrogation can even apply to first-party claims made by the injured worker. For example, if the worker was injured due to a defective product or equipment provided by their employer, they may be able to seek additional compensation from the manufacturer or supplier through a first-party claim. In this scenario, subrogation would still come into play as the insurance company would seek reimbursement for any costs related to that claim.

Examples of these situations are not uncommon – consider a situation where an employee is injured while operating faulty machinery at work. The employee files a workers’ compensation claim but discovers that the machine’s manufacturer knew about its defects but failed to disclose them before selling it. 

The Injured Worker Is Responsible for Paying Back the Subrogation Claim 

Many injured workers worry that they will be responsible for paying back the subrogation claim, but this is a misconception. The subrogation process involves an insurance company or third-party administrator seeking reimbursement for payments made on behalf of the injured worker.

When a workers’ compensation claim is filed, the insurance company pays benefits to cover medical expenses and lost wages. If another party was responsible for the injury (such as in a car accident while on the job), the insurance company may pursue subrogation against that party to recover some of these costs.

The subrogation claim is paid out of any settlement or judgment from the responsible third party. In other words, there can be no subrogation claim without recovery from the third party.

It’s important to note that even if there is a recovery from the third party, not all will go towards satisfying the subrogation lien. There are often legal fees and expenses associated with pursuing these claims, which must also be deducted before any money can reach those who advanced payment on behalf of an injured worker.

Subrogation Is Not Negotiable 

Subrogation is often seen as a fixed process, but the truth is that it can be negotiated. Negotiation occurs when disputing parties agree with discussion and compromise. Subrogation negotiation commonly happens between insurance companies, but injured workers or employers may also participate in negotiations.

Negotiation is appropriate when one party believes the subrogation claim amount is too high or inaccurate. For example, if an employee’s medical expenses were unrelated to their work injury, the employer’s insurance company may have filed a subrogation claim for those costs. In this case, negotiation would allow both sides to agree on a fair amount owed.

Successful subrogation negotiations are typically those where both parties listen respectfully and communicate effectively. Sometimes these discussions involve sharing documentation such as medical reports or bills so insurers can evaluate claims accurately.

While few people know about subrogation negotiations, they occur more often than you think!

Subrogation Only Applies to Medical Expenses

Many believe subrogation only applies to medical expenses in workers’ compensation claims. However, this is a common misconception. There are different types of subrogation, which can also apply to other benefits.

For instance, if an injured worker receives wage replacement benefits from their employer’s insurance company, but those wages were caused by a third party’s negligence or intentional act, the insurer may seek subrogation for those lost wages.

An employee might sometimes receive non-medical benefits such as travel reimbursement or vocational rehabilitation services due to their work-related injury. These benefits can also be subject to subrogation if they were paid by another party who could be liable for the injury.

It’s important to note that each state has laws regarding what types of benefits are subject to subrogation and how they should be handled. Therefore, injured workers and employers must understand these laws and consult with experienced attorneys when needed.

Subrogation Only Benefits Insurance Companies

Subrogation is often misunderstood and seen as a process that only benefits insurance companies. However, this couldn’t be further from the truth. Subrogation can benefit injured workers in several ways.

The purpose of subrogation is to recover costs incurred by an insurance company when they pay out on a claim caused by someone else’s negligence or fault. Subrogation allows the insurance company to seek reimbursement for these costs from the responsible party or their insurance provider.

But how does this benefit injured workers? For starters, it helps to ensure that their insurance premiums don’t increase due to the actions of another party. It also means that if there are additional damages beyond what their policy covers, they may still be able to receive compensation through subrogation.

For example, let’s say an employee is injured on the job due to faulty equipment manufactured by a third-party supplier. The employer’s workers’ compensation insurer would cover medical expenses and lost wages under their policy but could then pursue subrogation against the equipment manufacturer or their insurer for any additional costs incurred beyond what was covered under the policy.

Subrogation Claims Are Not Always Accurate

Injured workers need to understand subrogation claims are not always accurate. While subrogation can help insurance companies recover some of the costs associated with workplace injuries, they make mistakes. Sometimes, subrogation claims may incorrectly identify a third party as being responsible for an injury when they are not.

When faced with a subrogation claim you believe is inaccurate, it is important to challenge it. This means providing evidence showing why the claim is incorrect and presenting your case to the relevant parties involved.

It’s crucial to know when to dispute these claims; if you wait too long, you may lose your right to challenge them due to statutes of limitations or other legal barriers. For example, if there were an error made by an insurance company regarding medical treatment or lost wages benefits payable under a workman’s compensation laws, challenging such errors would be critical.

Subrogation Claims Are Not Subject to the Statute of Limitations

Understanding subrogation is crucial for anyone involved in a workers’ compensation claim. However, we’ve seen many misconceptions about how subrogation works and what it involves.

It’s important to remember that subrogation applies not only to third-party claims but also to first-party claims. Additionally, injured workers are not responsible for paying back the subrogation claim directly. If necessary, subrogation can be negotiated and challenged, benefiting insurance companies and injured workers.

It’s essential to remember that the statute of limitations applies to subrogation claims. Failing to understand this could result in significant problems down the line.

By understanding these common misconceptions surrounding subrogation in workers’ compensation cases, you can ensure that you have a better grasp on your rights and responsibilities throughout the process.

Reach Out to an Experienced North Carolina Workers Compensation Attorney Today

As you can see, subrogation can be a confusing concept to understand. The good news is that your North Carolina workers compensation attorney will handle this for you. As long as your workers compensation claim is approved, the insurance company will be responsible for your medical bills. 

You need to focus on recovering from your injuries. The last thing you’ll want to do is argue with the insurance company. That’s why we suggest you call one of our North Carolina workers compensation attorneys and schedule your free, initial consultation.

Our seasoned workers compensation lawyers in North Carolina have the knowledge and experience to help get you the benefits you deserve. Since the initial consultation is free, you don’t have to worry about paying anything upfront.

Call one of our representatives today at (919) 328-2336 and set up a date and time to come into the office. If need be, we can even conduct your free case review via phone or video call. 

Have you ever experienced a pre-existing injury that was aggravated at work? It can be frustrating and overwhelming to deal with, but taking action is important. Ignoring an aggravated injury can lead to further complications and even permanent damage.

In this blog post, we’ll discuss the signs of an exacerbated pre-existing injury, steps to take if it happens at work, navigating the workers’ compensation process, and returning to work after recovery. Keep reading to learn how to protect yourself and your health in the workplace.

Recognizing the Signs of an Aggravated Pre-existing Injury 

Recognizing the signs of an aggravated pre-existing injury is crucial to avoid further complications. Some common signs and symptoms include increased pain, swelling, or stiffness in the affected area, decreased mobility or range of motion, tingling sensations or numbness, and difficulty performing previously manageable tasks.

You must seek medical attention if you notice any symptoms related to your pre-existing injury as soon as possible. Delaying treatment can lead to more severe consequences and prolong recovery time. A doctor can evaluate the extent of your injury and recommend appropriate treatment options based on your condition.

Ignoring these symptoms may also affect your ability to file a workers’ compensation claim later on since there would be no documentation about when exactly you noticed them. Seeking immediate medical attention will not only ensure proper care but help provide evidence for filing a successful claim.

If you’re experiencing a pre-existing aggravated injury at work, don’t hesitate to speak up and notify your supervisor immediately. Taking prompt action could prevent further harm while enhancing chances for compensation claims approval.

Remember that identifying early warning signals is critical in effectively managing pre-existing injuries’ aggravations. If left untreated, it can worsen health conditions affecting the quality of life both personally & professionally. So take note of every symptom seriously!

Steps to Take if You Experience an Aggravated Pre-existing Injury at Work 

If you experience an aggravated pre-existing injury at work, it’s essential to take prompt action. The first thing to do is to notify your supervisor immediately. Don’t wait until the end of the shift or day; report the incident as soon as possible.

The next step is to seek medical attention. Even if you feel like your symptoms are minor, getting checked out by a doctor is crucial. Some injuries may not show symptoms immediately but can worsen if left untreated.

After seeking medical attention, file a workers’ compensation claim with your employer. This will help ensure you receive benefits and coverage for any medical expenses related to your aggravated injury.

It’s also important to gather evidence that supports your claim. Take photos of visible injuries and document all doctor visits and treatment plans.

Navigating the workers’ compensation process can be daunting, especially when dealing with an aggravated pre-existing injury. It’s essential to know common challenges and legal issues that may arise during this process.

Remember always follow the doctor’s instructions upon returning to work after experiencing an aggravated pre-existing injury.

Navigating the Workers’ Compensation Process With a Pre-existing Injury 

Navigating the workers’ compensation process with a pre-existing injury can be challenging. One of the most common challenges is proving that the aggravation of your pre-existing injury occurred at work and was not caused by any other factor. This can make obtaining workers’ compensation benefits difficult, as insurance companies may argue that your injury was unrelated to your job.

Gathering evidence, such as medical records and witness statements supporting your claim, is important to navigate this challenge. Additionally, you should keep detailed notes about any changes in your symptoms or limitations at work.

Another legal issue could arise if an employer argues they are not responsible for providing workers’ compensation benefits because the pre-existing condition existed before employment began. In this case, seeking legal representation may be necessary to protect your rights and secure proper compensation.

Communicating effectively with your employer and insurance company throughout the process is important. Keeping them informed about any changes in treatment or restrictions will help ensure a smooth transition back into work after recovery.

In summary, navigating workers’ compensation with pre-existing injuries requires attention to detail when gathering evidence, understanding potential legal issues, and communicating effectively with employers and insurers while seeking representation if needed.

Returning to Work After an Aggravated Pre-existing Injury 

Returning to work after a pre-existing aggravated injury can be daunting. However, following your doctor’s instructions regarding returning to work and any necessary accommodations or modifications is essential. It is also crucial to communicate with your employer about any limitations or restrictions you may have due to the injury.

Your employer has a legal obligation under the Americans with Disabilities Act (ADA) to provide reasonable accommodations for employees with disabilities, including those resulting from workplace injuries. Accommodations could include modified job duties, adjusted schedules, or ergonomic equipment.

Communication with your employer is key in ensuring a smooth transition back into the workforce. Be open and honest about what you need, and don’t hesitate to ask questions if anything is unclear.

Experiencing an aggravation of a pre-existing injury at work can be physically and emotionally challenging. However, taking immediate action by notifying your supervisor, seeking medical attention, filing a workers’ compensation claim and gathering evidence will help protect your rights as an employee.

Handling a Denied Claim

Dealing with a denied workers’ compensation claim can be frustrating, especially if you have an aggravated pre-existing injury. However, it’s important to remember that there are steps you can take to appeal the decision and seek the benefits you deserve.

Firstly, review the reasons for your denied claim carefully. You may find a minor error in your paperwork, or that additional medical evidence is needed to support your claim. If so, gather any necessary documentation and re-file your claim.

Consider appealing the decision if you believe your denial was unwarranted or unfair. This will involve presenting evidence and arguments before a judge who will determine whether or not you are entitled to benefits.

It’s worth noting that navigating these processes can be complex and time-consuming – particularly when dealing with an aggravated pre-existing injury. That’s why seeking legal assistance from an experienced worker’s compensation attorney is often recommended.

An attorney can help guide you through each step – from filing initial claims to appealing denials – ultimately maximizing your chances of receiving fair compensation for work-related injuries or illnesses.

Exploring Legal Options Outside of Workers’ Compensation

When dealing with an aggravated pre-existing injury at work, it’s important to explore all options available to you. This includes looking into alternative medical treatments that may provide relief and improve your overall well-being. You can also consider disability benefits if the injury has left you unable to work.

If your workers’ compensation claim is denied or you feel like the settlement offered by the insurance adjuster is unfair, exploring legal options outside of workers’ compensation may be necessary. Consulting with a personal injury attorney specializing in workplace injuries can help determine whether pursuing legal action is worth considering.

Remember that aggravating a pre-existing injury at work doesn’t have to leave you feeling helpless or alone. With proper recognition and steps taken immediately after experiencing such an incident, navigating the process of workers’ compensation while dealing with a pre-existing condition can be manageable.

Have you been diagnosed with an occupational disease? If you live in North Carolina, and the condition is due to your employment, you may be eligible for workers’ compensation. It’s important to understand the implications of filing a workers’ compensation claim for an occupational disease—not only for what you’ll need to go through during the process but also for knowing how it can benefit you.

So what is an occupational disease? Simply put, any ailment caused by your work environment affects your ability to work. It can range from repetitive stress injuries like carpal tunnel syndrome to breathing in hazardous fumes or dust particles at a factory to being exposed to loud noise over a prolonged period in construction.

In North Carolina, these conditions count as workplace injuries and are eligible for workers’ compensation if they prevent you from working. Therefore, if you’ve been diagnosed with an occupational disease due to your line of work and cannot complete tasks as usual, understanding the processes involved can help protect your rights and give you access to cost-effective health coverage.

Common Types of Occupational Diseases in North Carolina

You may know that certain illnesses can be related to the workplace. If you are in North Carolina, you must be aware of workers’ compensation for occupational diseases.

Lung Diseases

Exposure to hazardous materials in the workplace can cause various respiratory illnesses, including asthma and silicosis. Additionally, workers in dusty environments are prone to developing illnesses that irritate the lungs, such as bronchitis and pneumonia.

Skin Conditions

Skin conditions such as dermatitis or skin rashes from contact with hazardous materials can result from unsafe working conditions. People who work with solvents, lubricants, acids, and other chemicals are particularly susceptible to skin-related illnesses.

Repetitive Motion Injuries

Workers who do the same physical motions repeatedly over a period of time may suffer from injuries caused by repetitive motion, such as carpal tunnel syndrome or tendinitis. These types of injuries often take time to develop but can put an employee out of commission if they become too severe.

It’s important to recognize that workers in different occupations have different risks associated with them when it comes to occupational diseases. Depending on the type of work you do, you may have a greater risk than others of developing a long-term illness due to exposure at your job.

Process for Filing a Workers’ Compensation Claim for An Occupational Disease

If you think you’ve contracted an occupational disease, the first step is to get a medical diagnosis and report it to your employer. Once that’s done, the process for filing a claim is similar to filing one for a physical injury:

• Fill out Form 18, Application and Agreement for Compensation which can be obtained from the NC Industrial Commission website.
• Submit the form and any other required information (like medical diagnosis and wage loss evidence) to the Industrial Commission.
• Your employer has ten days to accept or deny your claim; if they don’t respond, your claim will be considered accepted by default.
• If your claim is accepted, you’ll likely receive compensation for medical expenses, compensation for lost wages (including overtime pay), vocational rehabilitation benefits, and death benefits if necessary.
• If your claim is rejected, it’s time to request a hearing before a deputy commissioner who will look at all the evidence presented to determine what exactly happened in terms of workplace health issues and illness that should be compensated through workers’ compensation benefits.
• You have two years from when you knew or should have known that your illness was caused by work to file an occupational disease claim; if you fail to do so within this time frame, you may forfeit your right to certain benefits under North Carolina workers’ compensation law.

Types of Compensation Available for Occupational Diseases

Did you know that you may be eligible for Workers’ Compensation benefits in North Carolina if you have an occupational disease? Let’s take a look at the types of benefits available.

Medical Benefits

If the North Carolina Industrial Commission accepts your occupational disease, you’re entitled to medical benefits covering reasonable and necessary medical treatment and rehabilitation services. This can include physician visits, tests, hospital stays, and medications prescribed by your doctor. In some cases, vocational rehabilitation expenses may also be covered.

Wage Replacement Benefits

You may also receive wage replacement benefits if your occupational disease prevents you from working. The amount of wage replacement will depend on your average weekly wage (AWW) before becoming disabled and the type of disability you’re facing. 

You’ll receive two-thirds of the AWW up to a maximum limit the North Carolina Industrial Commission set. If your disability is temporary, you can expect to receive payments until you reach maximum medical improvement or return to work—whichever comes first.

Having an occupational disease can be very difficult, but knowing what kind of compensation you may be entitled to can help make things easier for yourself in this trying time.

Preventing Occupational Diseases in North Carolina

Most employers and employees in North Carolina need to know the importance of preventing occupational diseases. After all, any incident resulting in an occupational disease can have a major financial impact on the employer and the employee.

So what practical steps can employers and employees take to prevent occupational diseases?

Employers

It’s essential for employers to create a safe working environment for their employees. They should be aware of potential risks in the workplace and take appropriate measures, such as using protective equipment, providing safe handling instructions, organizing regular safety inspections, conducting training for safety protocols, and so on.

Employees

Employees should also take responsibility for their safety. This means following safety protocols, paying attention to warnings and instructions provided by the employer, wearing protective clothing and equipment when necessary, not taking part in any activities that could put them at risk of injury or illness, reporting any concerns or issues with their work environment immediately, etc.

By following these simple measures, employers and employees can help ensure that workplace-related diseases are avoided or minimized in North Carolina.

If you have developed an occupational illness, our North Carolina workers’ compensation lawyers are here to help.

If you’re an injured worker in North Carolina, filing a Workers’ Comp claim is just the beginning of the process. After filing the claim, the North Carolina Industrial Commission (NCIC) may deny it. However, this doesn’t mean you have to accept that decision as your last resort. With some effort and knowledge, you can appeal the decision and potentially receive the benefits you’re due.

Below is a comprehensive guide to workers’ comp appeal in NC. We’ll cover how to file an appeal, how long you have to do so, and what evidence you’ll need to back your claim. We’ll also advise on who can help you with your appeal and how to prepare for any hearings or mediations along the way. Let’s dive in!

Overview Of The North Carolina Workers Comp Claims Process

The North Carolina Industrial Commission oversees workers comp claims in North Carolina. If you’re filing a workers’ compensation claim in North Carolina, remember three main steps.

First, you’ll need to file your initial workers’ compensation claim with the North Carolina Industrial Commission. This can be done online or via mail. Once you’ve filed your claim, the Commission will review it and determine whether it should be accepted.

If your claim is accepted, the Commission will assign an adjuster who will work with you and your employer to reach a settlement agreement. If a settlement can’t be reached, your case may go to a hearing where a Commissioner makes a final decision.

Finally, if you don’t agree with the decision made at the hearing, you may have the right to file an appeal with the North Carolina Court of Appeals. To do so, you must file an Application for Review within 30 days of receiving notice of the hearing decision from the Industrial Commission.

What to Do if Your Claim Is Denied

If your claim is denied in North Carolina, you should begin to take action immediately. Denials happen for many reasons, such as a lack of evidence or because the claim was made outside of the statute of limitations.

No matter why your claim is denied, you can file an appeal. But it’s important to note that the appeal process can be complex, and getting it wrong can result in a denial of your case.

Here are some key steps that you should consider when filing an appeal.

• Research Your Rights and Obligations: Ensure you understand what is needed to prove your case during an appeal. It’s essential that you understand any deadlines or requirements that must be met to move forward with your claim.
• File Your Appeal: Filing the appropriate paperwork is necessary to start the appeals process, so ensure all documents are properly filed with the North Carolina Industrial Commission (NCIC).
• Gather Evidence: The NCIC may require additional evidence before deciding on your case, so ensure all documentation and reports related to your injury are readily available for review.
• Seek Legal Counsel: It’s wise to seek legal advice from an attorney with experience in Workers’ Comp law in North Carolina when appealing a denied claim. Attorneys help ensure that claims are properly filed, and evidence is presented efficiently and effectively.

The Steps Involved in Filing an Appeal

Appealing a denied workers’ compensation claim can seem daunting, so let’s break it down into simple steps.

Step 1: Understand Your Denial Letter

The first thing you need to do is read your denial letter thoroughly and make sure you understand why your claim was denied. This is key because it’s the basis for the next steps in the appeals process — if you don’t know why your claim was rejected, you won’t be able to argue your case effectively.

Step 2: Choose an Attorney

Once you have determined why your claim was denied, it can be beneficial to seek legal help from an experienced attorney specializing in workers’ compensation cases. 

They’ll be able to analyze your situation, determine what evidence you need to present in court and guide you on what evidence will be most effective. They will also provide legal representation during the appeals process if necessary.

Step 3: Prepare Your Appeal

Now that you have decided to appeal the decision and have chosen a lawyer, it’s time to start preparing for the hearing. You’ll need to collect all relevant documents, such as medical reports, witnesses’ testimony, and any other evidence that shows why your claim should be accepted. Your attorney can help review everything and ensure all necessary paperwork is in order when filing the appeal.

At this point in the process, it’s also important to remember that time is of the essence — North Carolina law sets a strict deadline of two years from when you first filed your claim to file an appeal. So make sure not to let any time go by if you decide to appeal!

Going Before the Industrial Commission

If you decide to go to the Industrial Commission with your worker’s compensation claim, there are a few things to remember.

The Industrial Commission is a tribunal of three members who will examine all the evidence and decide on your worker’s compensation claim. All three members must agree on the decision, which can take some time.

You can present your case in person or do it remotely, depending on what is more comfortable for you. In-person appeals are generally held in Raleigh, while remote hearings can be done via video or teleconference.

When presenting your case, you’ll need to include supporting documentation and any relevant witness testimony that supports your claim. Your attorney will help you prepare the best possible case and will be there during the hearing to present evidence and make arguments on your behalf.

Remember that if you don’t feel comfortable going before the Industrial Commission—or if you’re unsure about how to proceed—you can always try filing an appeal through mediation first as an alternative option.

Understanding the Possible Outcomes of the Appeal Process

When it comes to workers compensation claim appeals in NC, there are a few possible outcomes. Understanding these options is important to know what to expect when filing an appeal.

Denial

One possibility is that your appeal will be denied. In this instance, the appeal board has decided that your claim is not eligible for the benefits you applied for. If this happens, you may be able to request a reconsideration or resubmit your request with additional information or documentation.

Approval

If your appeal is approved, the board has accepted and approved your claim for payment of benefits. This means that you will receive the compensation you requested and any additional medical costs associated with the injury or illness you suffered as a result of your job.

Partial Approval

Sometimes, however, the board may decide to approve an appeal partially. In this case, the worker may still receive some compensation but not all of what was requested. The amount of compensation awarded in this situation can vary depending on the specifics of each case. After reviewing all relevant evidence and documentation provided by both parties, the board will decide.

It is important to keep in mind that when filing a workers compensation claim appeal in NC, no matter which outcome occurs after filing and processing your paperwork, it is wise to contact an attorney who can review all relevant information and help guide you through the process so that you get full compensation for your injury or illness.

When an accident does occur, your employer’s workers’ compensation insurance should cover the medical costs associated with it. But what happens when your workers’ comp claim is denied?

It can be disheartening and overwhelming when you receive a denial from the insurance company, so it’s important to know what steps to take. The good news is there are things that can be done in this situation, and this article will explain how to navigate a workers’ comp claim denial in an informed and effective way.

Call our North Carolina workers compensation lawyers today for help.

Review The Denial Letter

If your workers’ comp claim has been denied, the first step is to review the denial letter. This document should provide detailed information about why your claim was turned down. Ensure you understand why the insurance company believes you are not entitled to benefits.

When reviewing the letter, look for key phrases such as:

• “Exclusion of coverage”
• “Failure of proof”
• “Time limit expired”
• “No valid medical diagnosis”

These phrases will give clues as to what is missing in your claim and what still needs addressing. By understanding why your claim was denied, you can assess whether or not it can be appealed and how best to proceed with that process.

Appeal the Decision

Workers’ compensation claims can be a difficult process. If your claim has been denied, you will need to file an appeal. Filing an appeal means challenging the decision of the company or insurance company that denied your claim and asking them to reconsider.

The appeals process will vary depending on where you live, but generally, there are three steps.

File a Written Petition

You must file a written petition (also known as a Claim Review or Motion for Reconsideration) with the relevant workers’ compensation board in your state. This document must include why you believe the decision was wrong and any evidence that supports your claims.

Attend a Hearing

Once your petition is accepted, you and your employer will be called to a hearing before an administrative law judge. Both parties will present their case at this hearing, and the judge will decide.

Appeal the Ruling

If you still disagree, both parties can appeal it to the appellate court in their state. The appellate court’s decision is final, so ensuring that any evidence presented is accurate and compelling if you decide to pursue this option is important.

Seek Legal Advice

You might feel frustrated and lost if your workers’ comp claim is denied, but you’re not powerless. One of the smartest steps you can take to understand the denial and your situation is to seek legal advice.

A knowledgeable attorney can help you understand why your claim was denied and help evaluate if there’s a basis to challenge the decision. Plus, with their understanding of workers’ comp law and insurance claims procedures, they can assess any crucial evidence that needs to be presented to get your claim approved.

If you believe that there are extenuating circumstances related to your injury at work or wonder if a mistake was made in reviewing the initial claim paperwork, your lawyer helps determine if those issues should be addressed in an appeal or other action. Consulting with a legal expert provides valuable insight and further simplifies the process of getting compensated for any injury or illness related to your job duties.

Reasons Why Claims May Be Denied

A workers’ comp claim can be denied for a variety of reasons. Here are some of the most common ones.

Not Filing a Claim Within the Statute of Limitations

In North Carolina, you must file a workers’ comp claim within two years of your injury. If you don’t meet this deadline, you risk having your claim denied.

Not Providing Proof of Injury or Illness

For your workers’ comp claim to be approved, you must prove that your injury or illness is work-related and occurred within the course and scope of your employment.

Not Proving Causation

You must also provide evidence that shows that the injury or illness was directly caused by something at work, such as a specific incident or unsafe working conditions. Insurance companies do not respond well to hazy explanations or speculation of any kind.

Failure to Follow Post-Injury Protocols

Employees are expected to follow established workplace procedures after an injury is sustained, such as visiting a specific doctor, getting a second opinion, etc. Failure to do so can result in a denial of your workers’ comp claim.

Misrepresentation of Your Injuries

Workers’ compensation fraud is taken seriously. If an employee makes false statements about injuries or illnesses to secure benefits, the result will generally be an immediate denial of the claim by the insurance company involved in the case.

If any one of these conditions applies to you, it’s important that you contact an experienced attorney as soon as possible so that they can help you rebuild your case and get the medical care and financial assistance that you deserve.

Rules Regarding Deadlines and Appeals

If you’re dealing with a workers’ comp claim denial, it’s important to know the deadlines and appeals rules. Generally speaking, you have up to two years from the date of your injury to file a workers’ comp claim. If you don’t do so within this time frame, you won’t be eligible for benefits.

If you file a claim within the two-year window and it’s denied, you have three years from that date to appeal your decision. However, keep in mind that each employer is allowed to set their appeal deadline, which should be stated in the denial letter. If their timeline is shorter than three years, then that’s what you’ll need to follow.

You should also note that the appeals process isn’t automatic—you must properly submit an appeal application to get a hearing. From there, you’ll need to present evidence and testimony to support your claim at the hearing and wait for a decision from the court.

Understanding these rules can help ensure you take all necessary actions within the required timeframe and give yourself the best chance of receiving workers’ comp benefits.

Our North Carolina workers comp lawyers are here to help you.

Have you ever been hurt on the job? Chances are, your first thought was probably medical care. But in addition to getting medical attention, you may also need to file a workers’ compensation claim. That’s where a workers comp lawyer comes in.

No one expects an injury while doing their job—but it happens, and being injured can be scary and confusing on top of the pain. A workers’ comp lawyer can help you by ensuring all your rights are upheld and you get the benefits due to you. But what exactly do these lawyers do?

In this post, we will explore the role of workers’ comp lawyers in Greenville, NC, why they might be necessary, and how they can help you with your claim. Let’s dive in!

What Do Workers Comp Lawyers Do?

Workers’ comp lawyers specialize in workers’ compensation cases, so it’s important to have one on your side if you ever find yourself needing help filing for compensation. Generally, these lawyers will do all the legwork for you, from filing paperwork to ensuring your case is litigated properly.

They also work hard to ensure employers understand and comply with workers’ compensation laws. By doing so, they can ensure that employees can obtain the maximum benefits possible.

Advise You on Your Legal Rights

If you’re injured while on the job, your first concern should be getting the care you need to recover. But what about the legal side of things? This is where workers’ comp lawyers can help. They can provide invaluable advice on your rights and help protect you during difficult times.

A workers comp lawyer can review the details of your injury, laws regarding workplace safety and employers’ obligations, and any other related issues. They will advise you on how to act in accordance with both federal and state law as it relates to your personal injury case.

Additionally, a workers comp lawyer will analyze any employer settlement offers before you agree to ensure you’re being treated fairly in all aspects of the agreement. They will ensure that any settlement agreement complies with the applicable laws and properly compensates for lost wages and medical bills incurred from the injury.

Assist With Claim Filing

You may be entitled to workers’ compensation benefits if you have been injured on the job. But dealing with the paperwork around your claim and navigating through the complex North Carolina workers’ comp system can be difficult, and that’s where a workers’ compensation lawyer can help. From filing your claim to helping with appeals, a well-qualified workers’ comp lawyer can ensure you’re covered in every step.

Here are some of the ways that a workers’ comp lawyer assists with filing claims.

Preparing Your Paperwork Properly

A workers’ compensation attorney can ensure you complete all necessary forms accurately and completely, ensuring they are in the right format and submitted by the deadline.

Calculating Wage Loss Benefits

A qualified attorney can help identify how much wage loss benefits you should receive and take steps to ensure your recovery is maximized.

Assist With Denied or Delayed Claims

If your claim is denied or delayed, a knowledgeable lawyer can help find out why and work with you to appeal it if necessary.

Negotiate With Insurers

Do you know the Workers Comp lawyers’ role when negotiating with insurers? The negotiation process is one of the most important aspects of a workers’ comp case. Workers’ Comp lawyers are there to ensure you get the best possible outcome regarding your medical bills and compensation for your lost wages.

The Workers’ Comp lawyer’s job is to assess all the relevant information, including medical records and bills, facts related to the injury, and compensation rate computations. They’ll then work with the insurance company’s adjuster or attorney to negotiate a fair settlement based on those factors. It’s important to have a workers’ comp lawyer who understands all the nuances of the law and can use them to your advantage.

The lawyer should also stay abreast of changes in workers’ comp laws to ensure you’re getting all of your due compensation.

Having a Workers’ Comp lawyer by your side during negotiations can give you peace of mind that your rights as an injured worker will be protected and a better chance at receiving adequate financial compensation for any losses suffered due to an injury on the job.

Represent You at Hearings

When dealing with a workers’ compensation claim, it’s important to have someone in your corner who knows the ins and outs of the process. That’s where a workers’ comp lawyer comes into play.

A lawyer can also help you with any hearings associated with your case. During hearings, the administrative law judge will hear testimony from both parties and then make a ruling. You may be asked to present evidence, like medical records or testimonies from others involved in the claim.

Having an experienced lawyer on your side increases your chances of success during these hearings and can help you navigate the process more easily.

Here are a few of the ways your workers’ comp lawyer can help you during hearings:

• Guidance on what documents to submit as evidence
• Preparing direct and cross-examinations for witnesses
• Preparing statements or summaries of evidence to submit to the administrative law judge
• Arguing against any objections that are raised by either side
• Representing you at appeals, should you choose to file one

Legal representation for a workers’ compensation hearing can provide invaluable reassurance that your rights and interests are fully represented. With the help of an experienced lawyer, you’ll have a better chance of getting the outcome you seek from your claim.

Provide General Support

One of the most important roles of a workers comp lawyer is providing general support. When you contact a workers’ comp lawyer, they’ll work with you to ensure you understand your rights. They can do everything from evaluating the facts of your case and guiding you through the entire process to making sure that all paperwork is in order and all deadlines are met. 

A workers’ comp lawyer can also provide emotional support by being a source of strength and guidance, understanding what an overwhelming experience this might be for you. Knowing that there is an experienced advocate on your side can make all the difference in giving you peace of mind along this journey.

Call Our North Carolina Workers’ Compensation Lawyers Today!

If you have been injured on the job or developed an occupational illness, our North Carolina workers’ compensation lawyers are here to help you get the benefits you deserve. Contact us today for a free consultation.