When you are injured while doing your job, you know that the law states you have the right to receive compensation for medical costs and replacement wages. That’s what a workers comp claim is supposed to do for you.

You have to file a workers comp claim with your employer, it gets approved and you start getting benefits paid. Unfortunately, that’s not how it works all the time. Indeed, as a workers compensation attorney in Greenville knows, the standard approach of any insurance company representing employers is to try and get claims denied.

And, in many cases, an injured worker seeks legal representation only after their workers comp claim was denied. In most of the cases, an experienced workers compensation attorney in Greenville can overturn this denial and win the benefits the employer deserves.

However, there are some cases when there is nothing a lawyer can do. In most of these unfortunate situations, the worker may have committed some errors which cost them the opportunity to get workers comp benefits. To avoid such situations, you should always contact a workers comp attorney as soon as possible after the workplace accident and learn what your rights and obligations are for filing a claim.

North Carolina Has a Deadline for Reporting Workplace Injuries

One of the most common reasons why a workers comp claim is denied is missing the deadline for formally reporting the injury. Many workers make the mistake of believing that it is enough to tell their employer that they were injured on the job.

Indeed, this is the first thing you should do after a workplace accident. However, the verbal notification must be followed by a formal one, submitted to the North Carolina Industrial Commission and to the employer. The deadline for this notification is 30 days after the date of the accident. Sadly, if you miss this deadline, your employer has the right to deny your workers comp claim.

The Most Common Reasons Why Your Workers Comp Claim May Be Denied

A workplace accident is not always easy to prove. When a situation appears difficult to clarify, an employer may assume that you are trying to file a claim fraudulently and will deny it.

This is why you should schedule a free case review with a workers compensation attorney in Greenville as soon as possible after your accident. It is your best chance of avoiding the risk of being treated unfairly and even accused of trying to defraud your employer.

Here are reasons why an employer would deny a claim and what to do:

There Were No Witnesses to Your Accident

Modern workplaces are designed to allow employees to work together efficiently. Therefore, an employer would reasonably expect at least one of your coworkers to see how you got injured. They get suspicious if you suffered an accident when no one was around and tend to believe that you actually got injured elsewhere – outside of the workplace and when you were not on the job.

An experienced workers compensation attorney in Greenville will find ways to prove your case. Even if there are no witnesses, most likely there is a CCTV camera that captured the moment of your accident. Or, the medical report will indicate that the injury is very recent and is consistent with the kind of accident you suffered.

You Were Not On the Job When You Suffered the Accident

You are eligible to file a workers comp claim strictly for accidents that happened while you were on the clock. Thus, if you were injured during the lunch break, you are not eligible to file a claim. Or, if you were covering for another employee without your employer’s knowledge and approval, you are also ineligible to collect workers comp benefits.

Sometimes, a matter of minutes can make the difference between having and not having a valid claim. An experienced lawyer can find the critical piece of evidence or the witness who can prove that you were on the job and, therefore, have the right to file a workers comp claim.

Your Blood Tests Come Positive for Drugs or Alcohol

This is one of the situations when a workers compensation attorney in Greenville cannot help you. Employers are not liable for any injuries you may have suffered if you were under the influence of drugs or alcohol.

It is possible to have a legal claim if the positive drug test result is triggered by medication prescribed by your doctor. In this case, you have to bring your doctor’s recommendation and prescription to the initial case evaluation with one of our lawyers.

You Wait to See a Doctor

One of the most reliable ways of proving that an injury happened on the job is seeking medical attention as soon as possible. The initial medical evaluation will include the date and time when the doctor saw you. 

This is why you should never wait until the end of your shift or until the next day to get diagnosed and receive initial treatment. From your employer’s point of view, the medical report is not relevant in proving that your injury happened while you were at work, on the clock. You could have gotten injured at home and then decided to stay at home on workers comp benefits. 

Thus, the golden rule is to tell your employer that you suffered an accident immediately after it happened and then go to the nearest hospital for medical care.

You Have a Pre-Existing Medical Condition

The existence of an old injury can determine an employer to deny your workers comp claim. Imagine this: you fell from your bicycle and injured your knee badly six months or one year ago. You made a full recovery and got the green light to resume all your normal activities, without restrictions.

Now, you suffer a workplace accident and injure the same knee. Your employer will claim that you actually had a bad knee and that you did not suffer a new injury. However, an experienced workers compensation attorney in Greenville can disprove this claim.

Using scans and the doctor’s opinion that you made a full recovery and the new scans after your workplace accident, the lawyer will show that this is a new injury, which you suffered while doing your job. Thus, you have the right to file a workers comp claim and collect benefits.

Our Workers Comp Law Firm Can Help You File a Workers Comp Claim Successfully

As you can see, your employer will not make it easy for you to file a workers comp claim. They don’t want to pay you while you stay at home – even though you got injured while working for them. This is why you need an experienced Greenville workers’ compensation attorney to guide you and represent you during the evaluation of your claim.

If your case has merits, we will give you instructions to avoid making costly mistakes. This is extremely important because your employer will not stop monitoring you, even after they approve your workers comp claim. Call us to schedule a free case review as soon as possible after your workplace accident!

For a workers compensation attorney in Greenville, one of the most challenging cases is winning workers comp for a back injury. Unfortunately, this is one of the most common types of injuries in various industries, as we will show below. This is why insurance companies that over workers compensation coverage are fighting this type of claim as hard as they can.

North Carolina legislators have made specific stipulations concerning the situations when an injured worker is eligible for benefits. However, an experienced workers compensation attorney in Greenville can help you file your claim successfully and obtain compensation for medical care costs and replacement wages until you are fit to return to work.

Back Injuries and Back Pain Are Common Health Complaints

Statistical data shows that nearly 80% of the population will experience back pain at one point in their lives. Back injury and pain can affect anyone – from teenagers to the elderly. 

Also, back pain is the number three reason for visits to the doctor’s office, after skin and joint disorders. When it comes to the workforce, back injury is the leading cause of work-loss days, accounting for nearly 265 million lost work days each year in the US.

Finally, healthcare costs for back injuries and back pain amount to $50 billion each year, while lost wages and decreased productivity add another $50 billion to the annual losses in the US.

North Carolina Workers Comp for Back Injury: What the Law Says

As specified above, North Carolina Workers Compensation Act has a specific definition for workplace injuries to the back. North Carolina legislators call it “injury by accident” and it is defined as “any disabling physical injury to the back arising out of and causally related to such incident”.

Needless to say, as any workers compensation attorney in Greenville knows, this injury by accident must occur out of and in the course of the employment. And this is exactly where insurance companies try to manipulate the facts in order to deny your claim.

Why Is It Difficult to Win Workers Comp for a a Back Injury?

The main issue with back injuries is that they can occur as a result of intense strain over time or as a result of one traumatic incident. Moreover, given the proximity to the spinal cord, back injuries can result in symptoms of pain, numbness, and weakness in various other parts of the body.

Moreover, as any workers compensation attorney in Greenville knows, people are active outside their job – doing various chores, carrying heavy grocery bags, or engaging in sports activities. All these represent a perfect opportunity for an insurance adjuster to claim that the back injury is not work-related.

Proving Your Back Injury Is Work-Related

An experienced attorney can be able to prove your back injury is work-related, especially if you follow the rules for getting medical care and reporting the accident. Here is what you should know.

1. See a Doctor as Soon as You Experience Pain

You should not wait until the end of your shift to seek medical care. If you feel a dull or sharp pain in your back or neck, report it verbally to your employer and see a doctor. You will likely have to do some tests, such as an MRI scan or an X-ray to identify the problem.

Back injury in the workplace usually leads to:

• Muscle strain
• Herniated disc (the cushion between the vertebrae in the spine moves out of alignment)
• Bulging disc (due to inflammation)
• Misaligned vertebrae in the spine.

2. Do Not Give the Insurance Company a Recorded Statement on Your Own

After you file your workplace injury report, your employer’s insurance company will start working to deny your workers’ comp for a back injury. One of the ways of doing it is by asking you to give a recorded statement. They will ask confusing and misleading questions, attempting to catch you contradicting yourself.

You should not give this statement before consulting with a workers compensation attorney in Greenville. The attorney will coach you so that you avoid making self-incriminatory statements. It is important to note that it will do you no good if you exaggerate the circumstances of the accident or the symptoms you experience. It will only cement the insurance adjuster’s belief that you are looking for a vacation paid by the worker’s comp system.

3. Collect Available Evidence

Workers’ comp for back injury is easier to win if you can provide your lawyer with helpful evidence, such as:

• CCTV footage from the workplace area where you were injured (the attorney will obtain it if you tell them that the area is under video surveillance)
• Prior reports to HR for any sick days you had to take for back pain
• Statements from work colleagues who witnessed your accident
• Any medical records proving your condition or injury to the back.

4. Go to the Doctor Appointed by the Insurance Company

Your employer’s insurance company will direct you to an approved healthcare provider for medical evaluation and treatments. You will be assigned a case manager who will report to the insurer whether you show up for check-ups and follow the treatment course.

It is important to understand that you cannot go to any doctor you choose, with the exception of specific conditions set by the North Carolina Industrial Commission. According to these conditions, you must show that changing doctors is “reasonably necessary to effect a cure, provide relief, or lessen the period of disability.”

Let an Experienced Lawyer Handle Your Workers’ Comp for Back Injury

Filing a worker’s comp claim for back injury is difficult because in most cases you cannot pinpoint a single incident that caused your pain and disability. However, a seasoned Greenville workers’ compensation attorney will analyze your case carefully and, if it has merits, will offer you the best legal representation.

We will collect evidence, talk to your doctor and present your case to the insurance adjuster in a manner that leaves no room for doubt that you were injured as a result of your job activities. Do not start a claim on your own, because you can hurt your chances to win benefits. Instead, schedule a free case review with us as soon as you were diagnosed with a back injury by a doctor!

At a certain point during the treatment for work-related injuries, a worker will be told that they reached the point of maximum medical improvement (MMI). At this point, they contact a workers’ compensation attorney in Greenville to find out if this aspect will impact their workers’ comp benefits. Most of them are dismayed to find out that this means they have to return to work, even though they do not feel fully recovered.

The reality is that you cannot be out on workers’ compensation benefits forever. At a certain point, you will reach a point where further treatments will not improve your condition anymore. This is, in fact, what maximum medical improvement means. From this point onwards, the doctor who is treating your injuries will contact your employer and their insurance company with this information.

North Carolina Offers One of the Longest Workers’ Comp Periods

Compared to other states, North Carolina is extremely generous with injured workers. You may be out on workers comp benefits for as long as 500 weeks, according to the North Carolina Workers’ Compensation Act. However, this is the maximum legal period.

For example, a worker who suffered an ankle sprain cannot expect to be out on workers comp for more than a month or two. At the other end of the spectrum, a worker who had a severe fall from a height and suffered extensive head and back injuries may never make a full recovery, even at the point when the doctor states they reached the maximum medical improvement.

What Happens When You Reach the Point of Maximum Medical Improvement

So, the doctor states that you reached the point of maximum medical improvement. What do you have to do? First of all, bring your doctor’s recommendation to a workers’ compensation attorney in Greenville. The attorney will look over the final findings concerning your condition and the type of work the doctor deems you fit for.

There are several possibilities:

• You can return to your regular job.
• You should work in a light-duty position.
• You should work a part-time job.

Understandably, the last two options mean that you will make less money than you used to before the injury. At this point, your workers’ compensation attorney in Greenville will examine the exact description in your maximum medical improvement record.

Types of Disability Benefits Available for Workers Before and After MMI

The disability compensation you are eligible to receive as wage replacement is determined by the North Carolina Industrial Commission.  A commission will evaluate the extent and severity of your injuries and the progress you make during treatment.

There are four types of disability benefits available to injured workers during treatment and after they reach maximum medical improvement. These are:

1. Temporary Partial Disability

This is the most frequently granted type of worker’s compensation disability benefit. Workers who qualify for it usually can return to work in a less strenuous position, or for a reduced number of days per week – 3 out of 5, for example – while they follow treatments for their injuries.

In general, once they reach maximum medical improvement, most workers are able to return to their full-time job. While they are healing, the disability benefits paid to them represent 2/3 of the difference between the wages before the workplace accident and the wages they earned in a light-duty or part-time position.

2. Temporary Total Disability

When an employee’s injuries are so serious that they cannot perform any kind of work while they undergo treatment, the North Carolina Industrial Commission will grant temporary total disability benefits.

These benefits represent 2/3 of the workers’ average wages. In this case, it is expected that the worker will make a full recovery once they reach maximum medical improvement and will go back to work.

3. Permanent Partial Disability

Some workplace accidents result in very severe injuries. And many workers never make a full recovery. Thus, once they reach maximum medical improvement, the injured workers still have not regained the function of a body part.

For this type of disability benefit, the maximum period of receiving wage replacements is 500 weeks. However, depending on how severe the disability is, the commission may grant a longer deadline.

4. Permanent Total Disability

This type of disability benefit is granted to workers who suffered catastrophic injuries, which leave them with a life-changing impairment. The type of injuries qualifying for permanent total disability benefits after reaching maximum medical improvement are:

• Loss of limbs
• Loss of both hands or feet
• Loss of sight
• Severe burns affecting more than one-third of the body
• Severe internal organ damage
• Paralysis
• Spinal cord injuries
• Traumatic brain injury.

When a person suffers this kind of injury, it is assumed that they will never be able to work in any capacity at any point in the future. Just like with the permanent partial disability case, the NC Industrial Commission may grant a period exceeding 500 weeks for collecting disability benefits.

Can You Challenge a Doctor’s Decision on Maximum Medical Improvement?

Many workers receive the news that they reached maximum medical improvement and can go back to work with worry. It is understandable, from one point of view. You are afraid that you will re-injure yourself in the same area of the body, or in a different area.

However, your employer does not want you sitting at home and getting paid while doing no work after a doctor says you are fit to work. Thus, you cannot refuse to return to your job once you are recalled. Even a few days’ delay can get you fired.

Your best option is to contact a Greenville workers compensation attorney and let them analyze the case. It is possible to file and appeal and request a different medical opinion on your condition. Meanwhile, you should go back to work and strive to perform your duties to the best of your abilities.

Let an Experienced Lawyer Negotiate the Terms for Going Back to Work!

Whenever you feel that you are being called to work too soon, a Greenville workers’ comp attorney is ready to examine your case from a legal standpoint. We offer you a free case review and will give you a realistic outlook on what you may expect.

In some cases, you really reached the point of maximum medical improvement and only fear keeps you back from returning to work. In others, a doctor may have made a mistake and we can overturn their decision. Call us at 919-328-2336 to schedule an initial appointment and present your case to us!

After a period of receiving workers’ comp benefits, many employees reach out to their workers comp attorney in Greenville with a question: can I take another job and still receive benefits? This is a complex situation which must be analyzed carefully. On one hand, it is understandable that you are trying to make the most of an unfortunate situation. Your doctor may have told you that you won’t make a full recovery. This means that you may not return to your previous job.

In most situations, your employer will try to call you back on a light-duty position. The fact is, no employer likes to see workers staying at home on benefits for too long. But some employees are not keen to do that. Some of them talk to their Greenville workers’ comp attorney to challenge their employer’s request to return to work too soon. Others are proactive and apply for jobs elsewhere.

When one of their applications is successful, they realize that they are in a conundrum: do they give up the workers’ comp benefits to get another job? Do they take the new job and still qualify for workers’ comp? Or do they give up this opportunity and wait to see if they will be able to return to work in a different position but on the same wages?

What Will Your South Carolina Workers’ Comp Benefits Cover?

First of all, let us clarify what type of protection workers’ comp offer to South Carolina employees. The benefits will compensate you for:

• 100% of medical costs for treatments needed due to the work related injury
• 2/3 of the average pre-injury weekly wage
• 2/3 of the difference between the pre- and post-injury weekly wages if the injury causes you to work on a less paid position.

Thus, you will get some compensation through workers’ comp if you return to work for your current employer on a light-duty position. But what if you are getting a better offer? Here is what you need to know:

Your Former Employer May Argue that You Should Stop Collecting Workers’ Comp

An employer may argue that they should not keep paying benefits to you now that you work for another company. In certain situations, they may have a point. This is the case when the new job offers you the same or larger weekly wages than what you used to make.

In this case, you will have to give up the workers’ comp benefits and rely on the wages you will make at the new job

You May Want to Settle Your Workers’ Comp Claim

A workers’ compensation attorney in Greenville may help you settle your claim with the current employer before you accept the new position. This type of settlement can have two forms:

• A lump sum paid to you as full and final compensation
• An agreement to receive ongoing compensations for future medical needs.

This is one of the simplest ways to resolve the situation, if you believe that the new job is worth accepting. In this way, your former employer cannot pursue your for the reimbursement of workers’ comp benefits representing wage replacement while you were earning money at a new job.

You May Continue to Receive Workers’ Comp Benefits after Taking a New Job

Here is what many employees need to know: your employer is not doing you a favor by paying benefits to you. Also, these benefits are not related to your place of work, but to your medical condition.

Thus, if you take a new job that pays less than your current position, you will continue to receive compensation for 2/3 of the wage difference plus 100% medical costs. There is nothing that your former employer can legally do to stop your benefits. If they do so abusively, your Greenville workers’ comp lawyer will help you get these benefits reinstated.

Situations When It Makes Sense to Look for a New Job 

Since you can get into so many complex legal situations, does it make sense to look for a new job while on workers’ comp benefits? This is an answer that only you can give, but a few explanations will help you make an informed choice.

Here are some situations you may be faced with:

Your Employer Cannot Provide a Satisfactory Light Duty Position

In some cases, workers receive desk duty or other positions that will not require them to exert their injured body part. However, as explained above, employers are keen to get you back at work as soon as possible.

In some instances, they may assign to you a position where you feel that you cannot perform well and does not suit your training or work experience. As any workers compensation attorney in Greenville can tell you, refusing to accept this light-duty position gives your employer the right to fire you. Thus, you must start performing these duties, while your attorney prepares an appeal to the decision. During this period, you may start looking for a new job.

You Find a Less Paying Job that Accommodates Your Limitations

Some employees are left with permanent disabilities in such a degree that they need to reconsider their line of work completely. They know that they cannot be on workers’ comp benefits forever. 

In South Carolina, you may receive benefits for up to 500 weeks. Lifetime payments are granted only for permanent and total disability cases which involve a degree of paralysis or permanent brain injury. 

Therefore, permanent reduced mobility, for instance, does not qualify you for lifetime benefits. In this case, you may seek a lower paying job. At the same time, your workers’ compensation attorney may file to get you temporary disability benefits, since your ongoing medical condition causes you to lose wages.

Discuss Your Workers’ Comp Benefits Options with an Experienced Lawyer!

Any decision you make concerning changing your job while you are out on workers’ comp benefits may affect your eligibility to keep collecting this type of compensation. Worse, you may be required to repay your employer a part of the wage replacement amount.

Before you accept a new job, you should discuss with your Greenville workers compensation lawyer. If another firm handled your case, but you were not happy with their guidance, we will offer you a free case review to analyze your situation. If you think that your employer has abusively stopped your benefits, we will represent you in an appeal and make sure that you receive the full compensation you are entitled to. Call us now to make an appointment with a Greenville workers’ comp attorney: 919-328-2336!

One of the problems any workers compensation attorney in Greenville faces is when a potential client comes in for a consultation too late to receive assistance. Many people rely on their employer to do the right thing and help them receive the compensation they deserve after they suffered a workplace injury. In reality, this rarely happens. Meanwhile, time is passing and the injured worker misses several deadlines in the timeline of a workers comp case.

The fact is that law protects injured employees but it also demands them to follow a specific procedure. This procedure is in place to prevent fraudulent filings and to give the employer an honest chance to evaluate whether the respective person was truly injured on the job. As you will see below, there are precise and sometimes tight deadlines in any North Carolina workers comp case, so you should contact Greenville workers compensation lawyers as soon as possible after your accident. 

So, let us explain to you how the average workers comp case unfolds:

Immediately after the Accident

In some cases, you suffer very severe injuries and there isn’t much you can do on your own. Your co-workers will undoubtedly call 9-1-1 and ask for an ambulance to take you to the nearest hospital.

However, these are extreme cases. In most of the situation, your injury is not too severe to prevent you from:

Reporting the Accident to Your Employer

You should call your direct supervisor and tell them that you suffered an injury. Give a brief description of what happened, without going into many details. If you are unable to do so, ask your supervisor to call an ambulance.

Documenting the Accident Scene

If you have a mobile phone, it definitely has a camera. At a certain point in your workers comp case, your workers compensation attorney in Greenville will need evidence proving where and how you were injured.

Thus, make sure that you take as many photos and videos of the accident site. Focus on the elements that directly contributed to your accident, such as:

• A broken ladder
• A chemical leak pooling on the floor
• Exposed electrical wires
• A burnt part of the machinery you were operating.

These images are essential when the insurance adjuster will try to challenge your claim – which happens in most of the cases, especially if you will need a significant amount of money to cover your medical treatment and lost wages.

Seeking Medical Care

Many people who suffer workplace injuries hurt their case because they delay seeking medical attention. Instead of going to hospital for tests right away, they wait until the end of their shift. The problem is that Greenville workers comp lawyers will have a hard time proving that you have a valid case.

Your employer and the insurance company can easily argue that you got injured after you left the workplace. Thus, you have no workers comp case. The sooner you get examined by a doctor, the easier it is to correlate the injuries with the accident you suffered at the workplace.

Within 30 Days after the Accident: Notify Your Employer in Writing

Telling your supervisor that you suffered an accident is not enough. The timeline of a workers comp case includes a 30-day deadline to fill in Form 18 and submit it to the Industrial Commission and to your employer.

This document is critical. If you exceed this deadline or fail to submit it at all, then you have no legal standing ground to receive workers comp benefits. If you are too confused by pain, your workers compensation attorney in Greenville can help you fill in and file Form 18.

Within 5 Days of Your Written Report: The Employer Must Submit Form 19

Both parties in a workers comp case must file forms as per the law. For your employer, the obligation refers to filing Form 19 with the Industrial Commission. At the same time, the employer will also notify their insurance company.

From this point onwards, an insurance adjuster will start analyzing your case. You will definitely be notified that you must undergo a medical evaluation. This evaluation will take be conducted by a healthcare provider approved by your employer.

It is absolutely necessary to submit to this evaluation and to continue seeing the employer approved doctor for as long as necessary. Failure to keep an appointment or continue with the prescribed treatment will result in losing your benefits, even after you’ve won your workers comp case.

Within 14 Days of Informing the Insurance Company: You Get an Initial Solution to the Claim

After maximum two weeks after the employer notified their insurer, you will get a decision on your claim. If it is accepted, you should start getting your benefits paid.

However, it is also possible to start receiving benefit payments right after the accident. This gives your employer an extended deadline of 90 days to decide whether they accept or deny your claim.

Within 2 Years after the Accident: File a Claim with the Industrial Commission

If your employer denies your claim, it is not the end of your workers comp case. Greenville workers comp lawyers will advise you to file a claim with the Industrial Commission. You have a period of two (2) years starting with the date of you accident to do so. 

The Commission will schedule a mediation process between you and your employer with the assistance of an independent third party. You should have a workers compensation attorney in Greenville on your side during this process.

Within 60 Days after filing the Claim with the Industrial Commission: a Hearing is Scheduled

When mediation does not lead to reaching an agreement, the Industrial Commission will schedule a hearing within 30-60 days. This hearing is quite similar to a personal injury case. A Deputy Commissioner will act as judge and both parties can present arguments and evidence.

At this point, you must retain legal representation if you want to win your workers comp case.

Within 15 Days after the Conclusion of the Hearing

If you are still unhappy with the decision made by the Deputy Commissioner, you have 15 days to file an appeal. The Full Commission will hear the appeal. If either party is still unhappy with the result of the appeal, the workers comp case will be heard in a civil court by a judge.

An Experienced Workers Comp Law Firm Can Help You Navigate Your Case!

As you can see, the timeline of a workers comp case is very precise and can be quite complex. However, an experienced workers compensation attorney in Greenville can help you navigate it and win the benefits you deserve. We offer you a free initial consultation, so reach out to us as soon as possible after your workplace accident: 919-328-2336!

One of the first questions our new workers comp clients ask is why they can’t just sue their employer in civil court. Sometimes, even our workers compensation attorneys in Greenville think it would be easier that way. The workers compensation system can be difficult to navigate, and it can take weeks or even months to resolve your claim. When you’re out of work and have no income, you can’t sit around and wait for months to find out if your claim will be approved. What ends up happening is you get another job just to make ends meet and your employer denies your claim for working a second job.

Here, we will discuss the reasons why you are not allowed to sue your employer directly for a workplace accident. We will also discuss the rare instances when you do have legal authority to sue your employer for damages. If you were recently hurt at work and you’re not sure what to do, you’re not alone. Contact our office and schedule your free consultation with one of our Greenville workers comp lawyers. We don’t charge you for this initial consultation and you don’t pay our office anything upfront. The benefits of having an attorney in your corner throughout the workers comp process are many.

The Law Requires That You File a Claim Under Workers Compensation

Since the early 1900s, most states in the country had enacted their own workers compensation system. The idea at the time was that workers compensation would protect both injured workers and their employers. It was supposed to protect employees who got injured on the job and had no access to medical care. The rationale was that the worker would not have been injured had they not been on the job, therefore, their employer should take care of them. The workers compensation program ensured that this would happen.

From the perspective of the employer, the workers compensation system in South Carolina protected them from being sued left and right from employees who got hurt on the job. If a company had to pay to defend each and every lawsuit filed against them, they would be bankrupt in no time. This is why it’s no surprise that the workers compensation systems were created in the years right before right after the depression. The economy couldn’t afford for companies to shut their doors because they couldn’t afford to defend lawsuits. At the same time, it would be unlawful to sit back and allow employees to get hurt on the job without any sort of recourse.

If Your Greenville Workers Comp Lawyer Can Prove You Aren’t Technically an Employee, You Can Sue

There are certain situations in which your workers compensation attorney in Greenville can file a personal injury lawsuit against your employer. One way to do this is by convincing the courts that you are not an employee at all. In order to qualify for workers comp benefits, an employee must show that they belong to a covered group. In South Carolina, the following groups are not entitled to workers compensation benefits:

• federal employees
• railroad workers
• migrant workers
• agricultural workers
• seasonal and casual workers
• domestic servants
• consultants
• independent contractors

If your workers compensation attorney in Greenville can prove that you belong to one of these groups, you may have the right to sue. For example, if you can prove that you have a contract designating you as an independent contractor, then you would not be entitled to workers comp benefits and would have no choice but to sue in court.

Your Workers Compensation Attorney in Greenville Can Also Sue if Your Employer Was Reckless

One other situation in which your Greenville workers comp lawyer can sue on your behalf is if your employer acted recklessly or was grossly negligent. These cases are far and few between because they are very difficult to prove. It takes a lot more than the negligence standard you see in the average personal injury case. Your workers compensation attorney in Greenville will have to demonstrate that your employer acted in such an egregious manner that they should be held accountable in civil court. Even if you manage to demonstrate standing to sue your employer, there is no guarantee that you’ll win. It will be difficult to find witnesses willing to testify on your behalf because they would be afraid that they would get fired for not taking the company’s side. Your employer will also have access to all of your personnel records and work history and will use whatever they can find to their advantage.

Meet with a Seasoned Greenville Workers Comp Lawyer Before You Take Legal Action

As Greenville workers comp lawyers, we understand how frustrating it must be to have to go through the workers compensation system. If you were injured in any other way, you would have the right to file a personal injury lawsuit against the other person. However, the law in South Carolina, and every other state in the United States, limits your recourse to the workers compensation system. This means that you are only allowed to sue your employer under very specific circumstances. If you think you meet these circumstances, then you should talk with one of our workers compensation attorneys in Greenville. They can review your case and let you know what your options are.

We always recommend that someone who’s been hurt on the job contact our office before they file any paperwork. One reason for this is that if your Greenville workers comp lawyer helps you prepare your workers compensation claim, there’s a better chance that it will be approved. Furthermore, when your employer and their insurance carrier see that you are represented by an attorney, they won’t try to take advantage of you.

We do offer all new clients a free, initial consultation. Contact our office and set up a date and time that works for you. Since the consultation is free and you don’t pay anything upfront, you have nothing to lose.

One thing all workers compensation claimants fear is hearing that it is time to go back to work. While there are some people who would love nothing more than to milk the system for months on end, most people want to do what’s right. Most of the clients our Greenville workers comp lawyers have represented over the years are eager to get back to work. They just don’t want to do that before they’re physically ready. Only we know our bodies the way we do. Even if the workers compensation doctor think you’re healed, that doesn’t mean they’re right. 

It’s the workers’ compensation doctor’s job to treat you. It is also their duty to let your employer know when you’ve reached maximum medical improvement. This just refers to the point at which your doctor determines further care will not improve your condition. For example, if you suffered a neck injury, you may always have decreased range of motion. It would make no sense for you to continue to attend physical therapy longer than necessary. Your doctor is, of course, hoping to get you back to work as soon as possible. While that may be your goal too, your Greenville workers comp lawyer knows you may fear going back too soon. 

Our Greenville Injury Lawyers Handle Many Cases Where our Client is Asked to Return to Work Too Soon

Every now and then, we represent a client who is asked to return to work too soon. Sometimes we are already representing these workers in their workers’ compensation case. Other times, a person has no reason to contact a Greenville workers comp lawyer until they’re forced to go back to work early. In either case, our Greenville injury lawyers will help you explain to your employer that you aren’t ready to come back. In cases like this, it all comes down to the second medical opinion. 

Your attorney will arrange for you to be examined by another doctor – one independent from the one that treated you for your workplace injuries. Depending on what this doctor says, it could either help or hurt your case. There’s no way to know until after you’ve seen them. If they argue that you need more time to recover, then your Greenville workers comp lawyer can appeal the decision to return to work. If the doctor agrees that you’ve reached maximum medical improvement, then you’ll have little choice but to go back to work. 

Why Would Your Employer or Their Insurance Company Do This?

You may wonder why your employer cares so much about whether you return now or a month from now. What you must realize is that your employer has to pay someone else to do your job while you are out on workers compensation. They may transfer this person from some other department. Or they may have had to hire a new person to do your job while you’re out. The sooner you’re back at work, the sooner they can stop paying two people to do one job. They can either let the other worker go (if they were hired as a temporary employee) or they can move them back to the department they came from. Either way, it keeps costs down for your employer. On top of that, it can help keep their workers compensation insurance premiums down somewhat. 

Whatever You Do, Don’t Just Refuse to Go Back to Work

One important point we must make here is that the last thing you should do is flat-out refuse to go back to work. Not only will your workers’ compensation benefits be terminated, but you will also lose your job. Your employer is allowed to fire you for any reason at all. In fact, they don’t even have to give a reason in all situations. You don’t want to give them any more reason to let you go. Employers are never happy when a worker is out on workers compensation. They certainly won’t be happy with you if you refuse to come back, even on light duty. 

Trust That Your Greenville Workers Comp Lawyer Will Do Their Best to Get You Benefits

When you feel like you’re being bullied by your employer, you need to let your Greenville workers comp lawyer aware of it. While out on workers compensation, your employer is not supposed to have any contact with anyone other than your Greenville injury lawyer. If they contact you and demand that you return to work before you’re ready, there will be trouble. First, your Greenville workers comp lawyer can demand that you get a second opinion from an independent doctor. Second, they can appeal the determination that you’ve been cleared to return to work in the first place. While this happens, you may have to return to work in a light-duty position. It is doubtful that they will let you stay home once they make the move to have you come back to work early.

We recommend that you hire a seasoned Greenville injury lawyer long before it gets to that point. If you have an attorney handling things for you, then your employer will have to go through them when it’s time to return to work. If your attorney is confident that you aren’t ready, they will let the other side know that. If they still insist that you return, your Greenville workers comp lawyer will deal with them. The last thing you should worry about right now is legal issues. If your lawyer is unable to get your recovery time extended, then they can always push for you to go back gradually at first. Perhaps you can return part-time rather than full-time, at least for a few weeks. Or they may be able to redefine your job description so that you aren’t putting your health at risk when you do return. 

Since we offer new clients a free, initial consultation, we suggest you call our firm the same day as your workplace accident. Sit down with someone who’s handled cases like yours before. Our associates know the law in North Carolina and know how to negotiate with the big insurance companies. It all depends on the facts of your case. At least give yourself a fighting chance and hire an experienced Greenville injury lawyer right away.

A workers comp claim can be a serious event in an employee’s life. If you’ve been injured on the job, you should be able to expect your employer to take care of you. After all, if it weren’t for your job, you wouldn’t be in this position. This is why it can be extremely frustrating to learn that your employer has denied your workers compensation claim. Sometimes they deny your claim for clerical reasons. You may have forgotten to include a piece of required information. Other times it is because your employer doesn’t think your claim is legitimate. The best thing to do is to call a Greenville workers comp lawyer. They can get to the bottom of things and find out what it will take to get your claim approved.

It’s easy to want to blame your employer or their insurance company for your workers comp claim not being approved. It is easy to make them out to be the bad guys. However, there are times when your own behavior is the reason why your claim was denied. You want to make sure you’re completely honest with your workers compensation attorney in Greenville, North Carolina. That’s the only way they’ll be able to help you.

Here, we’ll discuss the various mistakes employees make when it comes to workers compensation. We will also explain what your Greenville workers comp lawyer can do to fix these mistakes. Since we offer all new clients a free, initial consultation, you should contact us right away. Set up a date and time to come into the office. 

You Don’t Want Your Workers Comp Claim to Appear Suspicious

One of the biggest mistakes our clients make is they make their workers compensation claim seem suspicious. For example, they report their injuries on a Monday before lunch time. When your employer sees this, they automatically assume that you got hurt over the weekend. If they think you’re trying to take advantage of them, they will deny your claim. It will be up to your workers compensation attorney in Greenville to prove this isn’t the case. They can do this by talking to coworkers who saw you get hurt. They can also subpoena copies of any videos your employer has showing your accident.

Don’t Wait More than a Day to Report Your Injuries to Management

If you wait days or even weeks to report your workplace accident, you’ll give the impression that you’re hiding something. For example, when you get hurt on the job, your employer will ask you to take a drug test. If this test comes back positive, then your claim will be denied. A person isn’t entitled to workers compensation benefits if they were under the influence of drugs or alcohol at the time of their injury. By waiting to report your injuries, it makes it look like you were just waiting for the drugs to get out of your system. It’s only natural to make this assumption.

If this is what happened to you, then your Greenville workers comp lawyer will have to find a way to prove that this wasn’t the case. The reason this is hard is because there’s not really a legitimate reason why someone would wait to report a work-related injury. If it wasn’t to avoid a positive drug test, why did you wait so long? Your workers compensation attorney in Greenville can argue that you didn’t realize you were seriously hurt until a little time had gone by. Or they can argue that you were trying to work through the pain because you’re a dedicated employee. Since the facts of every case are different, it’s impossible to say exactly how your attorney will work their way out of this pickle. 

Seek Out Medical Treatment Immediately

The law states that an employee who is hurt at work is required to seek medical treatment immediately. If you fail to do this, it will jeopardize your claim. There are two reasons for this.

First, it may occur to your employer that you were not really hurt and didn’t need any medical care. Second, they may assume your private health insurance covered your medical care. Either way, it doesn’t bode well for you Greenville workers comp doctor. 

Hire a Greenville Workers Comp Lawyer to Help File Your Initial Claim

One of the reasons we suggest that you hire a workers compensation attorney in Greenville iso early is so they can help file your claim. There’s no reason why your employer won’t take you seriously if you have an attorney by your side. They also won’t be able to take advantage of you if you’re represented by a Greenville workers comp lawyer. 

The other benefit of having an attorney file your initial claim is that you know they’ll do it right. Our associates have decades of combined experience handling workers compensation cases. They know what it takes to get a claim approved. They also know how to negotiate a settlement with both employers and insurance companies.

Don’t Panic if Your Initial Claim is Denied

One mistake some of our clients make is they start to panic as soon as they receive their denial letter. You’d think it was the end of the world the way some employees react. There are all sorts of reasons why your claim could be denied. Some of these include the following:

• Your employer doesn’t think you sustained your injuries at work
• They may believe your injuries occurred outside 
• You didn’t report your injuries in a timely manner
• You refuse to be treated by any doctor other than your own
• You refuse to accept medical treatment

Of course, this isn’t an exhaustive list. There are dozens of reasons why your employer would have rejected your claim. Your workers compensation attorney in Greenville will review what these reasons are. They will also file a lawsuit on your behalf.

Your Workers Compensation Attorney in Greenville Can File an Appeal

If you were hurt on the job, you don’t have to face things alone. Meet with a seasoned Greenville workers comp lawyer today. They can review your claim and reach out to your employer. If they feel you have a valid claim for benefits, they’ll let you know. If, on the other hand, your attorney doesn’t feel that there is proof of your claim, they may

Since your initial consultation is free, you have nothing to lose.