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.