The workers compensation program in North Carolina is meant to protect employees who are injured on the job. Unless you fall into certain categories, there’s no reason to expect that you are not eligible for workers compensation benefits. Of course, there are times that our Greenville workers comp lawyers meet with employees who were not eligible to apply for workers compensation. Seasonal and casual employees happen to fall into the categories of workers not covered by workers compensation in North Carolina. This means that even if you meet the regular criteria for workers comp, your claim will not be accepted. Your workers compensation attorney in Greenville will have to find another way to get you compensation for your injuries.

Here, we will briefly discuss the various categories of workers who are not eligible for workers compensation. We will also explain what options are available to you if you are not allowed to file for workers comp benefits. If you happen to have questions about your own workers compensation case, it’s a good idea to contact our office sooner rather than later. Take the time to sit down with an experienced workers compensation attorney in Greenville who not only knows the law, but also goes out of their way to help their clients get the compensation they deserve. We offer all new clients a free, initial consultation. Therefore, it will cost you nothing to meet with us for the first time.

There Are Certain Categories of Employees Who Aren’t Eligible for Workers Compensation Benefits

As with most other governmental programs, there are certain categories of workers who are not entitled to workers compensation benefits. It doesn’t matter which state you live in; these categories do not change. One of the first categories of workers who are not eligible for workers comp is federal employees. If you work for the federal government, there is a separate program that you must apply to if you get hurt on the job. The same is true for railroad employees. If you work on the railroad, you should be part of a union that can help represent you should you get injured at work.

Another category of workers who are not eligible for workers comp benefits are agricultural workers and domestic servants. The reason for this is more of a practical one than a legal one. The government does not feel that an independent farmer or household should be expected to cover the medical care and replacement wages for an injured worker.

Finally, the last grouping of workers who are not entitled to workers compensation benefits include casual workers, temporary workers, and seasonal employees. The way the government sees it, these three types of employees will not be with the company long enough to warrant the sort of protection offered by workers comp. As far as our Greenville workers comp lawyers are concerned, this does not mean that you’re not entitled to some sort of protection under the law.

An Experienced Greenville Workers Comp Lawyer May Be Able to Help

If you are a seasonal worker and you have been injured on the job, our Greenville workers comp lawyers may be able to help. Depending on the facts of your case, you may be able to file a personal injury lawsuit against your employer. This will require that you prove the same thing that any other personal injury plaintiff would have to prove. To collect damages, your attorney will need to prove negligence. If they’re able to do that, you may be entitled to compensation from your employer. 

Proving negligence involves the following 4 steps:

• Your Greenville workers comp lawyer must prove that your employer owed you a duty of care. This shouldn’t be all that difficult. All employers must provide their staff with safe working conditions. They are also supposed to train their employees on how to properly use equipment and materials
• Your attorney will also have to prove that your employer somehow breached this duty of care. The way they do this will depend on the facts of your case. For example, if you were injured while using faulty equipment, they’ll have to show that your employer knew the equipment wasn’t working properly and did nothing to fix or replace it.
• You must demonstrate that you were injured. As long as you went to the hospital for treatment immediately after your workplace accident, this shouldn’t be hard to do.
• Finally, you also need to prove that your injuries were caused by your employer’s breach of duty. As long as your employer can’t prove that something happened between the time you left work and the time you showed up for medical treatment, you should be fine in this regard.

You Should Meet with a Workers Compensation Attorney in Greenville Sooner Rather than Later

Typically, when we meet with a new client, it’s because their workers compensation claim has been denied. It isn’t often that we meet with somebody who was not eligible to collect workers compensation benefits. This is because, for the most part, anybody who is injured on the job is entitled to apply for workers compensation benefits. However, our workers compensation attorneys in Greenville are able to help people who weren’t allowed to apply for workers comp in the first place.

One option available to somebody like yourself is to file a lawsuit against your employer directly. This will be treated like any other personal injury case. Rather than be limited to medical coverage and last wages, your Greenville workers comp lawyer will demand damages for pain and suffering and lost future income as well.

If you’re having trouble with your workers compensation claim, we suggest you contact our office today and schedule your free, initial consultation. This gives you a chance to sit down with a seasoned professional who has handled hundreds of workers compensation cases in the past. They’ll review your information and determine whether you have a valid claim for damages. If you do, our office may be willing to represent you. If we truly don’t feel you have a case, we would rather be upfront and honest and let you know at the outset rather than get your hopes up unfairly.

Since your initial consultation is free, you have absolutely nothing to lose. Just call our office and schedule date time that works for you.

If you’re already collecting workers compensation benefits, you may wonder how long they’ll last. It’s not like unemployment where, every time you claim your weekly benefits, the system tells you how much you have left to claim. You don’t even have any management over your workers comp payments. This is why we always recommend that our clients hire one of our employment lawyers in Greenville, North Carolina at the start of their claim. This way, we can ensure that it’s handled properly from day one.

If you’re worried that your benefits are about to run out and you don’t think you’re ready to return to work, relax. If you truly don’t think you’re fully healed, we can help. One of our injury lawyers in Greenville, North Carolina can arrange to have an independent doctor provide a second opinion. If, however, you think you’re coming close to the expiration of your benefits, that’s another story.

Here, we’ll explain the various ways in which your workers compensation benefits can end. We will explain what it means when your doctor says you’ve reached “maximum medical improvement.” We will also explain why very few cases ever last much longer than a year or so. 

You Won’t Receive Benefits if You Aren’t Approved for Workers Compensation

We always remind our new clients that they can’t receive any workers compensation benefits until their claim is approved. In order for that to happen, you must meet certain requirements. North Carolina has the same requirements that most other states have. At a minimum, you must meet the following criteria:

• your injury must have taken place on company time
• your accident must have taken place on company property
• if you work remotely or on the road, then your injury must have occurred while you were acting within the scope of your normal employment
• you must report your injury immediately to your manager or human resources department 
• you must agree to be treated by a state- approved workers compensation physician
• you cannot be under the influence of alcohol or drugs at the time of your workplace accident
• you’re not allowed to work for any other company while you’re collecting workers compensation benefits
• you must participate in your medical treatment

As long as you meet these criteria, there’s a good chance you’ll receive your benefits. If, for some reason, your claim is denied, your employment lawyer in Greenville, North Carolina can always file an appeal.

North Carolina is One of the Most Generous States When It Comes to Workers Compensation Benefits

There are some states that only offer their workers one- or two-years’ worth of benefits. North Carolina is much more generous when compared to these other states. In North Carolina, you’re allowed to collect workers compensation benefits for a period of 500 weeks. If you do the math, you’ll see that this comes out to be almost 10 years. In all the years that our employment lawyers in Greenville, North Carolina have handled these types of cases, very few, if any, of our clients have collected benefits for that long.

Once our clients reach the one-year mark, we usually ask an independent physician to determine if they’ve suffered any partial or total permanent disability. If they have, we then try to negotiate a lump sum settlement with their employer. The last thing anybody wants is to have somebody collecting benefits for that length of time. Not only does the case get stale, but both your employer and their insurance carrier would rather the matter be resolved once and for all.

Your Benefits End When You’ve Reached Maximum Medical Improvement

It’s important to understand that you can’t just choose to collect workers compensation benefits for 500 weeks. Once your workers compensation docs are determined that you reached maximum medical improvement, you’ll be asked to return to work and your benefits will cease. If you feel that you’re being asked to return to work before you’re physically ready, make sure to let one of your injury lawyers in Greenville, North Carolina know. They can have you seen an independent doctor he will make their own determination as to whether or not you would benefit from future medical treatment.

Keep in mind, there’s only a 50/50 chance that your employment lawyers in Greenville, North Carolina will succeed in this effort. If your employer and their insurance carrier are insistent that you are ready to go back to work, you’ll be left with one of two choices. You can either go back to work and start collecting your normal wage, or your injury lawyers in Greenville, North Carolina can file a lawsuit against your employer under workers comp. Since this is a last resort, your attorney will do their best to negotiate a settlement of your claim. It’s doubtful that your employer would risk a lawsuit if you’re only asking for another month or two of treatment. 

Your Injury Lawyers in Greenville, North Carolina Will Probably Settle Your Case Anyway

One of the main reasons very few cases we handle ever get to the 500-week expiration mark is that we settle most of our cases. If any of our clients suffered a permanent disability, we would simply consult the North Carolina workers compensation guidelines to determine how many weeks of benefits they would be entitled to. 

If you’re not familiar with how the workers comp system works, every state has its own schedule of various types of injuries. Each injury is assigned a certain number of weeks’ worth of benefits based on its severity. 

For example, if you are now permanently blind in one eye because of a workplace accident, your claim would be worth a significant number of weeks. This is because blindness is one of the worst permanent injuries you can suffer. 

If, however, the only permanent injury you suffered was to your wrist, you may only be entitled to 30 or 40 weeks of additional benefits. Whatever the total dollar value of the assigned number of weeks equates to is the amount your attorney will try to settle for.

It’s a Good Idea to Meet with an Employment Lawyer in Greenville, North Carolina Sooner Rather than Later

Regardless of how far along you are in your workers compensation claim, it’s a good idea to meet with one of our employment lawyers in Greenville, North Carolina. You can call our office and schedule your free, initial consultation at any time.

If you got hurt on the job, you have every reason to believe your employer will take care of you. They should cover your medical bills and pay you while you’re out of work. After all, that’s what workers compensation is for. Unfortunately, our North Carolina workers compensation lawyers meet with people every week who’ve had their claim denied. They’re left without any income and no way to pay for the medical care. 

Not everybody has health insurance these days. Even if you do, they may not want to pay for your care if they know it was work related. That’s why, if your claim is denied for any reason, you should call a North Carolina personal injury attorney the very next day. They do offer you a free consultation, so there’s no reason to not at least hear what they have to say.

Filing a Workers Compensation Claim is Harder than You May Think

A lot of the people we talk to think that filing a workers compensation claim involves nothing more than filling out some paperwork. They don’t realize the requirements to qualify for workers comp benefits are rather strict. Your employer and their insurance company must be able to review your claim and make a decision as to whether you deserve benefits. 

Sometimes, they deny your claim because it’s too large. They may think they can settle for a lot less down the road. Or they deny your claim because they don’t think your accident happened on company time. Rather than give them the opportunity to deny your claim, you should have a North Carolina workers compensation lawyer help you file it in the first place. They’ll know what information to include and how to answer the questions on the claim form so that you have the best chance of having an approved.

Your North Carolina Workers Compensation Lawyer Can Help with Your Claim

People don’t realize that if they make a mistake when they first file their workers compensation claim, their entire claim can be denied. For example, if you don’t include a description of the accident and your injuries, there’s no way for the insurance carrier to know if they should approve it or deny it. If you refuse to get treatment, then your employer can only assume that you weren’t injured. 

All these things are important when you file your initial claim. That’s why it’s a good idea to at least talk to a North Carolina workers compensation lawyer before you make any final decisions. You shouldn’t submit any paperwork until your attorney has a chance to review it. And if you hire your North Carolina personal injury attorney early enough in the process, they can actually help you file your initial claim.

If Need Be, Your North Carolina Personal Injury Attorney Can File an Appeal

If, for some reason, your employer denies your workers compensation claim, your North Carolina personal injury attorney can file an appeal. When you file an appeal, it will go before an officer of the North Carolina’s Industrial Commission. They will look at the information submitted by both sides and make a final determination about benefits. 

As an impartial party, they should be able to evaluate the evidence fairly and make a reasonable decision. If they fail to do this and your claim is still denied, you always have the option of asking your North Carolina workers compensation lawyer to file a lawsuit against your employer.

As a Last Resort, Your North Carolina Workers Compensation Lawyer Can File Suit

Ideally, your workers compensation claim will be paid the first time you submit it. Nobody likes to deal with the headache of having your claim denied and then having to appeal it. Unfortunately, not all workers comp claims are approved the first time. While it’s not as bad as it is when you file for disability, it can still be extremely frustrating.

If your North Carolina workers compensation lawyer has done everything they can and the insurance company still won’t pay, then it’s time to consider taking legal action. You can file a lawsuit against your employer under workers comp demanding all the benefits you should have received dating back to the day of your accident. If you suffered any partial or total disabilities as a result of your workplace accident, your attorney will demand a lump sum payment for these injuries as well.

Your Lawyer Won’t Let the Insurance Company Take Advantage of You

One of the most frustrating things about dealing with a worker’s comp claim is watching the insurance company try to take advantage of you. Like most adults, you have been working for years and understand what your rights are. Just because you’re not an attorney, that doesn’t mean the insurance company should treat you like you did something wrong. 

A lot of times your employer and their insurance carrier make you jump through hoops just to get the benefits you’re entitled to. If you retain a North Carolina personal injury attorney this can’t happen.

Once the insurance carrier understands you are represented by an attorney, they’ll change their approach and attitude really quickly. They know that your attorney won’t be intimidated by them and won’t fall for the tactics. They also understand that your North Carolina workers compensation lawyer has no trouble filing suit if need be.

Reach Out to an Experienced North Carolina Personal Injury Attorney Today

If you were hurt on the job and your employer refuses to pay your workers compensation claim, you should contact our office right away. If the insurance company knows you don’t have a North Carolina workers compensation lawyer, they may try to take advantage of you. They may deny your claim or offer you benefits below what you deserve. They may even force you to return to work before you’re fully healed. Rather than risk this happening, you should sit down and talk to a North Carolina personal injury attorney right away.

When you contact our office, you’ll have the opportunity to schedule your free, initial consultation. This gives you a chance to discuss your case with an experienced attorney who knows the law in North Carolina. If they think you have a valid claim, they’ll let you know. If they don’t think you have a legitimate claim for benefits, they’ll be upfront and honest with you. The goal is to determine what your rights are and how you can protect them. Our North Carolina workers compensation lawyer can help you do that.

If you’ve ever had to file a lawsuit or deal with unemployment, you know how important deadlines are. If you don’t file for unemployment on time, you could end up waiting weeks to get your first check. If you don’t file your car accident insurance claim, it could be denied. The same thing is true when it comes to workers compensation. Our Greenville workers compensation lawyers always remind our clients about the importance of timing. 

If you get hurt at work, there are certain things you need to do right away. First, you need to report your injury to your employer. If you don’t do this in time, you could lose your chance of receiving workers comp benefits. The same is true for your appeal. If your personal injury attorney in Greenville doesn’t file your workers compensation appeal in time, you could walk away with nothing.

If you’ve recently suffered a workplace injury and are unclear about what to do next, it’s okay. That’s when it’s time to call one of our personal injury attorneys in Greenville, North Carolina. We’ll sit down and explain how the workers comp process works. We will also discuss the important filing deadlines. The worst-case situation is that you miss the filing dealing and walk away without benefits.

Here, we’ll talk about the various filing deadlines you must meet if you file a workers compensation claim. We’ll also discuss what happens if you miss a deadline. If you have questions or concerns about your workplace accident case, contact our office. We’ll schedule your free, initial consultation right away.

Make Sure You Report Your Injury to Your Employer Immediately

We often have to remind our potential clients to report their injury right away. While the state of North Carolina gives you two years to file your claim, your employer may feel differently. On top of this, you don’t want your case to go stale. The longer you wait to file your claim, the longer it will take to receive benefits. 

Our Greenville workers compensation lawyers have seen many workplace accident victims wait too long to report their injury. Some of the problems you may encounter include:

• It will be difficult to prove your injuries were caused your workplace accident.
• It’s not safe to wait this long without receiving medical treatment. Your health is the most important thing.
• If you receive treatment before you report your injury, it won’t be covered by workers compensation.
• Your employer could close their doors before the 2 years are up. 

If your injuries are serious, it could take longer to report your accident. For example, if you’re in the hospital, you won’t be able to get in touch with your employer. You can certainly wait until you’ve recovered before reporting your accident. 

You want to remember that, if you don’t file your claim within the 2-year statute of limitations period, your claim will be dismissed. You’ll also lose the chance pursue benefits. This means you’ll walk away with nothing 

Do Not Wait to Seek Medical Treatment 

It’s important to seek medical care immediately. Under North Carolina law, your medical care will not be covered if you were treated by anyone other than a state-approved workers compensation doctor. Any treatment you received from your personal doctor will not be covered. 

This may not seem fair. However, the State of North Carolina has certified certain doctors as qualified to handle workers compensation cases. Your employer will either assign a state-approved doctor to your case or you’ll get to choose from a short list.

Another reason is that your employer has a legal right to be privy to your medical treatment. They are paying your medical bills, so they have a right to receive regular updates. 

The only time you would really want to see a doctor who isn’t on the approved list is when you need a second opinion. For example, if your workers compensation doctor says that you can go back to work before you’re ready, your Greenville workers compensation lawyer can request a second opinion.

You Only Have 14 Days to File Your Workers Comp Appeal

If your workers comp claim is denied, you do have to option of filing an appeal. Your Greenville workers compensation lawyer will have fourteen days to file your appeal. The fourteen days starts on the day you receive your notice of denial. 

If you don’t file your appeal in time, you’ll lose your chance to receive workers benefits through the state’s workers comp program. Instead, your personal injury attorney in Greenville, North Carolina will have to file suit on your behalf.  

Once this happens, the insurance company may be more willing to entertain a settlement of your claim. 

Our Greenville Workers Compensation Lawyers Ensure Your Claim is Filed in a Timely Fashion

When it comes to workers compensation, the filing deadlines are extremely important. You need to report your claim on time and make sure you seek medical treatment immediately. You should also contact an experienced personal injury attorney in Greenville, North Carolina right away. 

If you’re afraid that you’ll lose your benefits because you missed the filing dealing, call our office immediately. There may be a small window of opportunity in which your Greenville workers compensation lawyer can refile the claim and get the insurance company to review it. 

Your attorney will also make sure the insurance company has all the information you provided. If they refuse to pay your claim, your lawyer will try to negotiate payment of your claim. Worst case, they’ll file a lawsuit on your behalf.

Call our office today and schedule your free, initial consultation. Since you don’t pay anything upfront, you have nothing to lose. Your employer will have a team of lawyers working for them and you should too. If the insurance company thinks you’re handling the case yourself, they may try to take advantage of you.

Workers compensation is supposed to sover you in case of an accident. If you’ve suffered a work-related injury, you’re probably upset and very confused. It’s hard enough to deal with the pain associated with your injury. But you also have to worry about how you’ll pay your medical bills. You must be wondering how you’re going to pay your bills if you can’t work. The good news is that you should be eligible for workers compensation. The not so good news is that it can be very confusing to navigate the world of workers compensation in North Carolina. Thankfully, you can always call one of our Greenville workers compensation lawyers. They can review your case and explain how the workers comp process works in your home state.

Here, we’ll explain how the basic filing process works. We’ll discuss the requirements for qualifying for workers comp benefits. We’ll also talk about the things you don’t want to do if you want to protect your rights as an employee. If you still have questions after reading this brief article, just give our office a call. We can schedule your free consultation right over the phone. The sooner you do this, the better your chances of having your workers compensation claim approved.

What Should You Do Immediately After Your Workplace Accident?

If you want to protect your rights under workers comp, there are certain things you need to do immediately following your workplace accident. First, you need to make sure you report your injuries right away. You can let your manager, supervisor, or Human Resources Director know that you’ve been hurt.

The second thing you need to do is go out for medical treatment. Most employers would insist upon this. However, even if they don’t, there’s no reason why you should refuse medical treatment at this point.

Understand that there’s a good chance your employer will ask you to submit to a drug test before you go out for treatment. You may as well agree. They’re allowed to do this under the law and if you refuse, your workers compensation claim could be denied. 

Finally, once you’ve been seen by a state-approved workers comp doctor, make sure you comply with treatment. You can’t afford to miss appointments or refuse to engage in your treatment plan. All this will do is aggravate your employer and increase the chances of your benefits being terminated.

There Are Certain Criteria You Must Meet to Qualify for Workers Compensation in North Carolina

Just because you were hurt at work doesn’t automatically guarantee that you’ll receive workers compensation benefits. There are thousands of people who get hurt on the job every year whose workers comp claim is denied. Sometimes it’s denied because of missing paperwork or a clerical error. However, other times, it’s because the employee doesn’t meet the basic criteria for workers comp in North Carolina.

You have to meet certain criteria in order to qualify for workers comp. These requirements are similar no matter what state you live in. They include the following:

• Your accident must have happened on company time
• Usually, your injuries must have occurred on company property
• You must be acting within the scope of your employment at the time of your accident
• You must report the incident immediately
• You must agree to be treated by a state-approved doctor
• You must not be under the influence of alcohol or drugs at the time of your injuries
• You must participate in your treatment plan
• You can’t work anywhere else while out on worker’s comp

These may seem rather obvious. It seems like common sense that a worker would know these things. But this isn’t always the case. There are times when we see our clients’ workers comp claims be denied for making very small mistakes.

Be Careful You Don’t Make Any of the Common Mistakes We See in Workers Compensation Cases

There are certain things people do after a car accident that can destroy their chances of recovering damages from the other driver. The same thing happens in workers comp cases. One small mistake can turn into a big problem. For example, if you fail to report your accident, you won’t be eligible for benefits. The same is true if you insist on being seen by your primary care physician instead of a state-approved workers comp doctor.

Another mistake workers comp claimants make is they continue to work at their part-time job despite the fact that they’re receiving workers comp benefits. If you’re caught doing this, not only will your benefits terminate, but you’ll also be ordered to repay any benefits you’ve already received.

Finally, don’t refuse to go back to work when your doctor says you’re ready to return. Once your doctor determines that you’ve met maximum medical improve, or MMI, you’ll have to return to work. If you don’t feel that you’re ready, you can always ask your Greenville workers compensation lawyer to get you a second opinion. Depending on what this second doctor says, you may be able to convince the insurance company to extend your benefits a few more weeks.

Meet with an Experienced Greenville Injury Lawyer Sooner Rather than Later

When it comes to workers comp, we always recommend that you talk to a Greenville workers compensation lawyer as soon as possible. You’re at the mercy of your employer in those early days. If they choose to pay your claim, great. If not, they deny it and hope you won’t put up a fight.

The best way to be taken seriously is to hire an experienced Greenville injury lawyer. They will let the insurance company know that they’re handling your case. They’ll also make it clear that you won’t take a denial lying down. They’ll fight to make sure you receive the benefits to which you’re entitled. If you don’t, they’ll file a lawsuit on your behalf.

All you have to do is call our office and schedule your free, initial consultation. Sit down with an attorney who can answer any questions you may have and who has your best interests at heart.

Most people who are involved in a workplace accident have no idea what they’re supposed to do afterwards. This isn’t something they teach you in school. And even thought your employer covers this in their employee handbook, it’s not something they focus on in training. Instead, they ask you to sign off on a form and affirm that you’ve read and understand the policy. The truth is that you never think you’ll get hurt on the job. When the unlikely happens and you do get hurt, you may be at a loss. The good news is that your workers compensation attorneys in Greenville know exactly what you need to do. All you have to do is call and talk to one of our associates and schedule your free, initial consultation.

Here, we’ll explain exactly what steps you should take after your workplace accident. We will also discuss why it’s so important that you do these things. The last thing you want to do is jeopardize the chances of having your North Carolina workers comp claim approved. It’s important that you have the medical care and replacement wages promised to you under this program.

Report Your Workplace Accident to Your Supervisor or Human Resources Director 

No matter how serious or minor your workplace injury is, it’s important that you report it immediately. Not only are you required to do so per your company’s policy, but you also need to document that it happened. If there are witnesses, make sure you have them talk to your manager as well. This may be the only way to prove that your story is true. 

If, for some reason, your supervisor isn’t on duty, go to your company’s Human Resources department. Talk to someone there and make sure they let you fill out an incident report. This way, nobody can dispute that the accident took place.

The other reason you need to report your injury is so that your Greenville injury lawyer has a way to prove your case. If your claim is denied, you’ll need to file a lawsuit against your employer. If this is the case, you’ll want your attorney to have as much information as possible to prepare your case.

If, by chance, HR isn’t available or your manager is not on the premises, report it to somebody higher up. This could be another manager within the company. Or you may be able to reach someone in administration. Make sure fill out an accident or incident report regardless of whether anyone is there to see it. This may be the only proof you have that something happened.

We also suggest you talk to a Greenville injury lawyer the same day as your accident. It’s not a bad idea to have a lawyer there by your side right from the start. Since the initial consultation is free, you have nothing to lose. 

It’s Important that You Go for Treatment the Same Day

One of the biggest mistakes people make is not going to the hospital. This is the last thing you want to do. If you don’t go to the emergency room, your employer can argue that you weren’t hurt. And, if you wait and go to the hospital days later, the insurance company will claim that something other than a workplace accident caused your injuries.

You Must Agree to Be Treated by a State-Approved Workers Comp Doctor

Most states have a list of certain doctors who are allowed to treat people under workers compensation. North Carolina is no different. You aren’t allowed to see your own primary doctor. Nor can you pick one from the internet. You must agree to be treated by one of these state-approved physicians.

If you refuse to agree to this, your claim will likely be denied. If you see another doctor later on, there’s a good chance your benefits will be terminated. The truth is that there’s no reason to do this. If you don’t feel the assigned doctor has your best interests at heart, let your workers compensation attorney in Greenville know. They can always get a second opinion and let the insurance company know what they say.

You Will Be Required to Take a Drug Test 

Depending on where you work, there is probably a no-drug policy in place. If you get hurt on the job, the first thing your employer wants to know is whether you were under the influence of drugs or alcohol at the time of your accident. It didn’t used to be this way. Unfortunately, with the drug epidemic being what it is, they need to protect themselves. If you refuse to take this test, your workers compensation claim will be denied. 

The other thing you need to know is that if you do test positive for drugs, your claim will be denied as well. You are required to take the drug test prior to treatment. Your employer is not going to pay out benefits on a claim that involved intoxication. It wouldn’t be fair. 

Make sure you’re honest and upfront with your Greenville injury lawyer as well. If you refused to take the test, let them know. If you tested positive for drugs, let them know. Even if it was a prescription drug, your claim can be denied. If they can show that you didn’t take it as prescribed, they will deny your claim.

Do Not Miss Any Doctor’s Appointments or Refuse to Do Physical Therapy

The reason workers compensation covers your medical care is so that you can recover from your injury and go back to work. This will never happen if you don’t participate in your treatment. You can’t miss doctor’s appointments. If you don’t think you can make it, call and reschedule it. You also need to go to physical therapy if your doctor orders it. The last thing you want to do is lose your benefits over something as small as that.

You also don’t want to make your workers compensation attorney in Greenville’s job any harder than it already is. They need to show that you did everything in your power to get better. If the insurance company can show that you didn’t cooperate with your doctor or physical therapist, it’ll be very difficult to win your case.

Call an Experienced Workers Compensation Attorney in Greenville Right Away

If you get hurt on the job, you deserve workers compensation benefits. However, you can risk losing your benefits if you don’t take certain steps after your workplace accident. If you do what you’re supposed to do and your claim is still denied, you need help. Call and talk to one of our Greenville injury lawyers right away.

If you get hurt at work, you should be able to count on your employer to take care of you. After all, if you got hurt on someone else’s property, they’d be responsible for your injuries. It shouldn’t be any different with your employer. Unfortunately, it doesn’t always work out that way. Our Greenville workers compensation attorneys meet with clients every week who have been denied workers compensation benefits. It’s our job to file an appeal on their behalf and get their benefits approved.

Now, once your claim is approved, you’ll be eligible for benefits. There are two main types of benefits: medical care and replacement wages. Both types will be discussed in detail later in this article. Once you’ve been out of work for at least 7 days, your replacement wages will kick in. Of course, your medical care will be provided from the moment of your injury.

Here, we’ll talk about how you can qualify for benefits. Then, we’ll talk about the different benefits you’ll receive. If you aren’t sure where you stand with your claim, just give our office a call and set up your free, initial consultation.

There Are Two Major Types of Workers Compensation Benefits

As stated above, there are two different types of workers compensation benefits. The first is medical care. From the moment you report your workplace injury, your employer will have to cover your medical care. You’ll be sent out to the hospital to be seen by a doctor. 

Once you arrive at the treatment center, you’ll be asked to take a drug test. If you refuse this test, your claim will be denied. Your employer has the right to ask you to take a drug test. If you were under the influence of drugs or alcohol at the time of your workplace accident, your claim will not be approved. 

If all goes smoothly and your test comes back clean, your claim will likely be approved. If this is the case, you’ll start to receive benefits in a week or two. 

Your Greenville Workers Compensation Attorney Will Help File Your Claim

Filing a workers compensation claim isn’t as easy as you may think. It’s even more complicated than filing for unemployment. If you’ve ever had to do that, you know how confusing it can be. We recommend that you hire an experienced Greenville workers compensation attorney right away. 

If you have an attorney help you file your claim, you know it will be done properly. You also know it will be filed on time. This is why we recommend that our clients reach out to us as soon as possible after their workplace accident.

Your Claim Must Be Approved Before You Collect Benefits

Before you can start collecting benefits, your workers compensation claim must be approved. You need to meet certain criteria in order for this to happen. Some of the criteria you must meet includes the following:

• Your injury must have taken place on company property (unless you work remotely or on the road)
• Your must have been working within the scope of your employment
• You must report the accident immediately after you get injured
• You can’t be under the influence of drugs or alcohol
• You must submit to a drug test prior to medical treatment
• You must be seen by a state-approved doctor
• You must comply with your treatment plan

As long as you meet these basic criteria, you shouldn’t have anything to worry about. 

Any Medical Treatment Related to Your Workplace Injury Will Be Covered

As long as you qualify for benefits, your medical treatment will be covered. This includes the ambulance ride, the visit to the emergency room, and any other treatment you receive. Your medical coverage will continue for as long as it needs to. It will continue until the doctor has deemed you ready to return back to work. 

You’ll Also Receive Replacement Wages Under Workers Compensation

In addition to medical treatment, you’ll also be entitled to replacement wages. Once your claim is approved, you’ll start to receive weekly checks. These checks will be equal to 2/3 of your average weekly wages.

If you were making $500 per week prior to your workplace injury, then you’ll receive $333 per week. These benefits will continue until you are deemed fully recovered by the doctor. The term the doctor will use is that you have reached “maximum medical improvement.” 

Once the doctor determines that you’re ready to return to work, your benefits will terminate. If you don’t believe you’re ready for this, let your Greenville personal injury know. They can get a second opinion and submit the results of that opinion to the workers compensation commission.

When they read this, they’ll have to decide which opinion is stronger. Just keep in mind – in the court’s eyes, there is no reason for your employer to force you back to work earlier than they should. Yes, they want their worker back but they also need you healthy. 

Contact an Experienced Personal Injury Lawyer in Greenville, North Carolina

If you or your loved one have been hurt at work, you have rights. Unless you fall into one of the very narrow groups who aren’t entitled to workers compensation, your claim should be approved. All you have to do is meet the basic criteria outlined by North Carolina workers compensation law. In order to demonstrate this, you may need the assistance of an experienced Greenville workers compensation attorney.

The best thing to do is to call our office as soon as possible after your workplace accident. Once you’ve had the medical care you need, you can call our office. Speak with one of our front desk agents and they’ll schedule a day to come in for your free, initial consultation.

Having a personal injury lawyer in Greenville, North Carolina makes all the difference in your workers comp case. You don’t want the insurance company to take advantage of you. You also want to make sure your case is handled properly every step of the way. The only way to do this is to hire a legal professional to handle your case.

Call today and schedule your free, initial consultation. It doesn’t cost you a dime to meet with one of our seasoned attorneys. You can tell your story and ask us any questions you may have. Since the meeting is free, you really have nothing to lose.

In North Carolina, most employers are required to carry workers compensation insurance. All Greenville injury attorneys know this. In fact, it doesn’t matter what state you live in. Employers in the U.S. are required to carry workers comp insurance. According to the laws in North Carolina companies who employ 3 or more people must carry workers compensation insurance. The reason for this is simple. If a worker gets hurt while on the job, their employer is required to take care of them. They must provide them with the medical care they need. They are also required to provide their employees with replacement wages while they’re out of work. These benefits must continue until the employee is ready to return to work.

The problem is that not all businesses do what they’re supposed to do. If you work for a small company, they may think they can get away with no carrying insurance. They figure the odds of an employee getting hurt at work are small. If someone does get hurt, they figure they can offer to help with expenses until the employee is ready to get back to work. Since many workers, especially younger employees, don’t know any better, some companies get away with this.

The other problem you could run into is that your workers comp claim is denied. In cases like this, it doesn’t matter whether your employer has workers compensation insurance. If they aren’t going to pay your claim, what does it matter? If your claim is denied, or you think your boss doesn’t carry the required insurance, call and talk to an experienced workers compensation attorney in Greenville right away.

Why Should Employers Pay to Carry Workers Compensation Insurance?

Small business owners complain that it costs too much money to carry workers compensation insurance. It can be especially frustrating if years go by without a single workplace accident. A lot of companies keep signs up on their walls boasting of how many days it has been since there was a workplace accident. After months or years go by, it may seem unnecessary to pay for workers compensation insurance. 

As much as these companies may not want to pay for the insurance, they don’t have a choice. If a company is found to be non-compliant with the North Carolina workers compensation laws, they’ll be facing very stiff penalties. In North Carolina, it can be extra scary for employers who are non-compliant. Unlike many other states, North Carolina does not specify what will happen to a company who fails to carry the requisite workers comp insurance. This means that penalties could be anything the state wants them to be.

What Will Your Workers Compensation Attorney in Greenville Do if Your Employer Doesn’t Have Insurance?

If you get hurt at work, your employer should take care of you. If you find out they don’t have workers compensation insurance, you do have options. Your workers compensation attorney in Greenville can help you file a claim with North Carolina’s Uninsured Employer Fund. Under this fund, you can get your medical care covered. You’ll also receive weekly replacement wages. It’s no different from people who are receiving regular workers compensation benefits.

As far as your employer is concerned, there is no free ride. If your claim is covered under the UEF, the State of North Carolina will place a lien on the company. They’re going to expect to be reimbursed for the money the state paid out on your claim. This lien will likely include other fees, such as attorney fees or administrative expenses. Your employer would be better off just paying the $150 per month for workers compensation insurance.

Can’t Your Greenville Injury Attorney Sue Your Employer Instead of Going Through Workers Comp?

One of the first things our clients ask us is why they can’t just sue their employer in court. For all other injuries, the normal thing to do is sue the person responsible. For example, if you’re hurt in a car accident, you can sue the other driver for damages. The same is true in a slip and fall. If you fall on a wet floor in a grocery store, you can sue the owner of the store. You may even be able to sue their management company. So, why doesn’t the same rule apply to workplace accidents?

Like it or not, you can’t just sue your employer if you get hurt on the job. States require companies to carry workers compensation insurance for a reason. They know that if companies were required to pay a defense attorney every time someone got hurt at work, they’d go bankrupt in no time. Even for small and medium-sized businesses, it’s not unusual for employees to get hurt every now and then. Knowing it can cost several thousand dollars every time somebody sues an employer, it just doesn’t seem fair to treat them like regular defendants.

What if the UEF Denies Your Claim?

As stated above, if you get hurt at work and your employer has no insurance, you can file a claim against the North Carolina Uninsured Employer’s Fund. They have the right to approve or deny your claim just like workers compensation insurance companies. If they don’t feel your claim is valid, they aren’t going to approve it. Now, with a regular worker’s comp claim, it’s your word against the insurance company. However, if you’re denied a claim under the state’s UEF, you’ll be going up against a state agency. This is not something you’ll want to do by yourself.

We recommend that you call and talk to an experienced workers compensation attorney in Greenville instead. At least they know they law, so you don’t have to worry about being at a serious disadvantage.

Contact an Experienced Greenville Injury Attorney Right Away

If you’re hurt at work and learn that your employer doesn’t carry workers compensation insurance, you should call our office right away. Learning this kind of information may make you frustrated and angry. Your employer is supposed to take of their workers. At the same time, you’re worried what you’ll do about your medical bills. If you can’t work, you’ll have no income to help pay your bills. Your workers compensation attorney in Greenville can help.

We suggest you call our office as soon as possible after your workplace accident. We’ll help you file your claim and, if need be, assist with your appeal. The initial consultation is free, so you have nothing to lose. 

Most of us will go through our entire lives without ever getting hurt on the job and needing workers’ compensation. This is especially true for people working in white-collar jobs. It’s the people who work in blue-collar jobs who are at risk. Our employment lawyers in Greenville meet with laborers and drivers more often than we do executives and salespeople. This is because the nature of the work these people do are different. 

Studies show that certain industries experience workplace accidents at a much higher rate. Some of these include:

• Construction
• Fishing
• Forestry
• Agricultural sector

These industries report the highest number of fatal injuries per 100,000 workers. For non-fatal injuries, it appears that education and healthcare rank highest. North Carolina is home to all these industries so it’s no surprise that we would meet dozens of clients every year who were hurt on the job.

One of the questions a lot of our clients have when we first meet is whether they are eligible for workers comp benefits through their job. That’s why we figured it would be a good idea to discuss this topic here. If you still have questions after reading this article, we urge you to call our office and schedule your free, initial consultation. 

Almost All Companies in North Carolina Are Required to Carry Workers Comp Insurance

Regardless of what kind of work you do in North Carolina, there’s a good chance your employer carries workers’ compensation insurance. All companies are required to carry this type of insurance unless they meet very specific criteria. For example, if the company you work for has less than 3 employees, they aren’t required to carry this type of insurance.

The same is true for a few, selected industries, including:

• Federal employees
• Postal workers
• Railroad employees
• Agricultural workers
• Domestic servants such as nannies and housekeepers

People who work in these sectors have other avenues of redress for work-related industries. If you don’t work in any of these areas, then your employer will be responsible for any injuries you suffer in a workplace accident. This is true if you meet certain eligibility requirements.

What Are the Requirements for Collecting Workers’ Compensation Benefits?

When we meet with clients who were hurt on the job, they’re usually worried that their employer won’t cover their injuries. Many of them have already been told their workers comp claim was denied. It’s our job to negotiate with their employer and the insurance company to get their claim paid. 

If you’re in the same boat, you would benefit from our services. If your company has refused to take care of your medical care, you’re going to need to appeal your claim. Or, if you learn that your employer doesn’t carry workers’ compensation insurance, you’ll have the standing to file a lawsuit against them.

In order to qualify for workers comp benefits, you must meet the following criteria:

• You must have been on the clock at the time of your accident
• The injury must occur during the scope of your employment
• You can’t be under the influence of drugs or alcohol
• You must report the injury immediately
• You must submit to a drug test as required
• You must be treated by a company-approved doctor
• You must comply with your doctor’s treatment plan

If you meet all these criteria, then your claim should’ve been approved. If your employer is still denying you benefits, your personal injury attorney in Greenville, North Carolina will have to step in on your behalf. 

Why Would Your Employer Deny Your Workers Compensation Claim in Greenville?

There are a variety of reasons why your employer may have denied your workers’ comp claim. If this happens to you or your loved one, you should contact one of our personal injury attorneys in Greenville, North Carolina. We can review the denial letter and find out what they can do to get your claim approved.

Some of the more common reasons why your workers’ comp claim may be denied include the following:

• You were under the influence of drugs or alcohol
• You have a history of filing workers comp claims
• You were not on company time when you got hurt
• They don’t believe your injuries were work-related

Depending on the reason or the denial, your employment lawyers in Greenville may be able to help. They’ll look to see what evidence there is to prove your claim is payable.

Just keep in mind – there are some things your attorney can’t help you with. For example, if you were drunk when you got hurt, there’s no way the insurance company is going to pay your claim. The same is true if you falsified your story about what happened.

If Your Claim is Approved, What Benefits Will You Receive?

When we meet with potential clients, they usually want to know what kind of benefits they’re going to receive. As long as their claim is approved, they’ll be entitled to the following:

• Medical care – Any treatment you need as a result of your work injuries will be covered by your employer’s insurance. The same is true for out-of-pocket medical expenses such as prescriptions, doctor’s visits, and travel time.
• Replacement wages – For the weeks you’re out of work, you can expect to be paid 2/3 of your average weekly wages. If you made $500 before the injury, you’ll get weekly checks of approximately $333. 
• You may be eligible for occupational therapy or counseling if you aren’t able to return to work after your accident. It depends on the seriousness of your injuries and whether your employer has another position for you.

As long as your claim is open and approved, you’ll receive the above benefits. However, once you return to work, your benefits will be terminated. The same is true if you start another job or do something to cause your claim to be closed.

Contact an Experienced Employment Lawyer in Greenville

If you’re hurt at work, you’re entitled to certain benefits under workers’ compensation. It depends on what you do for a living and whether you qualify for benefits. If you learn your employer doesn’t carry the necessary insurance under workers’ compensation law, you should call and talk to one of our seasoned personal injury attorneys in Greenville, North Carolina.

There are certain steps that should be immediately taken after a workplace injury. These injuries can sometimes leave you disoriented. Signing up for a doctor‘s appointment along with consulting a Greenville workers’ compensation lawyer are examples of such swift recourse. 

Injured at Work:

If you have been the victim of a workplace injury, then consulting with a lawyer would be a good idea. They will be able to give a detailed overview of the legal framework involved so that you are able to better navigate your workers’ compensation claim. 

As reported by the Bureau of Labor Statistics, in 2020, fatal work injuries aggregated 189 in North Carolina.  

What Should You Do After A Workplace Injury? Recommendations From A Personal Injury Lawyer in Greenville:

There are a few steps to undertake after undergoing an injury. Adhering to these steps may or may not provide absolute assurance. However, it would certainly provide reasonable assurance for a victorious compensation claim. 

Seek Adequate Medical Attention:

Your health and well-being are a primary priority, therefore, ensure to get adequate medical attention right after your accident. Your company may have an on-site professional who provides first aid. The said person is responsible for providing you with initial medical attention and transporting you to the hospital if required. 

Some companies designate an off-site healthcare facility for employees to go to for work injuries.

An added benefit of consulting with a medical professional is that a proper and complete trail of medical documentation can be created, thereby solidifying the credibility of your work injury claim.

Report the Accident to Management:

You need to report to your manager or supervisor about your injury within 30 days of your accident. The report must be in writing. If you fail to do this, you may not be eligible for a workers’ compensation claim.

You should document details such as:

• The accurate location and timing of the incident 
• The names of any other victims or potential culprits in the accident 
• The nature and circumstances of the incident and how it happened
• The names of any eyewitnesses
• The details of the damages you sustained.

Make Sure The Accident Is Recorded

The Occupational Safety and Health Administration (OSHA) has made it compulsory for companies to keep workplace injury reports available for their employees. If you’ve been injured, ask the company to fill out the report, even when your manager says it’s not necessary, and get a copy for your records. This step is essential because some employers are reluctant to record workplace accidents.

Collect Evidence and Take Photos:

On the other hand, your primary focus should be to collect all the evidence, along with your speedy medical recovery.

The most persuasive piece of evidence that will be the absolute base of your claim is CCTV footage. Therefore, not a single minute should be wasted in order to secure such tapes. You can always photograph the entire scene of the incident. 

Be sure to capture photos of any issues that cause your accident, such as uneven floors or impaired machinery.            

The common case observed by lawyers is that the client refuses to go back to the site of the incident as they are not physically well. In such scenarios, our Greenville workers’ compensation lawyers advise you to ask a coworker for help and let them photograph and document the scene of the accident on your behalf.

Gather Witness Details:

As we are discussing colleagues, the thought of eyewitnesses automatically pops up in our minds. Ask anyone who was present that day to volunteer on your behalf and tell everyone their part of the story.

File Your Workers’ Compensation Claim

After suffering a workplace injury, you should submit a workers’ comp claim as soon as possible. You have to file a claim within two years of your injury or illness to be eligible for workers’ comp benefits. Worker’s comp will cover medical care and a percentage of your income while you’re unable to work.

Contact a Reputed Greenville Workers’ Compensation Lawyer:

The lawyers at our firm are qualified and are able to assist you throughout the legal process. Get in touch with our personal injury lawyers in Greenville and set up a free consultation session with us.