Every year, thousands of people living and working in the Charlotte, North Carolina, area suffer all types of injuries at work. Some are minor and treatable with basic over-the-counter first aid supplies, and others require moderate levels of medical attention. Some work injuries are severe or even life-threatening, demanding immediate medical intervention. If you or a loved one recently sustained any serious injury at work, a Charlotte work injury attorney can help you determine the best legal options available to you that may help you recover more fully than you expect.
The Bollinger Law Firm, PC, has many years of professional experience with all types of work injury claims, including claims from severely injured employees who may not be able to work in the future. The economic impact of any workplace injury may be difficult to fully assess immediately after it occurs, and many injured workers are left wondering how they can possibly recoup these losses in any reasonable timeframe.
When you are struggling in the aftermath of any workplace injury, a Charlotte work injury attorney is the very best resource to consult if you are unsure how to recover from your experience. It’s natural to have lots of questions about the legal procedures involved in the workers’ compensation claim process, and you could have grounds for further legal action beyond a workers’ compensation claim. The Bollinger Law Firm, PC, has the skills and experience necessary to guide you to the best possible outcome in your case.
It is technically possible for an injured worker to file a workers’ compensation claim on their own, and there is no requirement to hire an attorney to help with this process. Many people believe that hiring a lawyer to assist with their recovery would cost more than they could actually recover, and this mistaken belief, unfortunately, discourages some injured workers in Charlotte from seeking legal representation when they need it most. The reality is that most attorneys offering legal counsel for a work injury claim and personal injury claims operate on a contingency fee basis, meaning there is no fee for the client unless the attorney wins their case.
Even when a client must part with a percentage of their final recovery to pay their attorney, the legal counsel that the attorney provides can make every aspect of their case easier to manage and more likely to generate positive results. When you choose The Bollinger Law Firm, PC, to represent you in a Charlotte work injury case, you can expect truly personalized and compassionate service and answers to your questions and concerns as they arise throughout your recovery efforts.
Our legal team has years of experience guiding injured Charlotte workers through the workers’ compensation claim process. The state enforces some of the most robust workers’ compensation laws in the country aimed at protecting the needs and interests of workers who are severely hurt on the job. The purpose of workers’ compensation is to alleviate most of the financial burden of a work injury while also shielding the employer from civil liability. However, navigating the intricacies of the claim process, resolving disputed claims, and exploring further legal recourse with a personal injury action requires the assistance of an attorney you can trust.
You may have grounds for a civil action against the party who is responsible for your work injury, but the first step in recovering from any injury at work is filing a North Carolina workers’ compensation claim. This process is similar to the way you would file any other type of insurance claim; however, you face an additional complication due to your employer’s involvement as an intermediary between you and their insurance carrier.
State law requires all employers in the state to have workers’ compensation insurance, and there are many strict rules all employers must follow with respect to injured workers’ claims for benefits. You are eligible to file a workers’ compensation claim as long as your employer is required by state law to have workers’ compensation insurance and your injury occurred while you were working. Location is not necessarily important to most workers’ compensation claims as many people perform their job duties in several locations and do not have static workplaces. As long as your injury occurred while you were performing work-related duties, you have the right to file a workers’ compensation claim.
If you are hurt at work, you are required to report the injury right away to your supervisor. Some people suffer seemingly minor injuries or downplay their injuries, and these choices often lead to extensive delays in their claims. Additionally, any delay in reporting a workplace injury can interfere with their ability to recover appropriate compensation, and it may even lead to a denial. As long as you report the injury ASAP, your employer is required to provide you with the materials needed to file your claim.
A medical examination is an essential part of any workers’ compensation claim. While an injured worker is legally allowed to see any available doctor in an emergency, they must visit a workers’ compensation physician approved by their employer’s insurance carrier before they can be approved for benefits. Every employer in Charlotte has a list of local physicians approved by their insurance carrier who can perform medical examinations of injured workers. You can visit any doctor in an emergency, but to file your claim for benefits, you must undergo a medical examination from an approved workers’ compensation doctor to receive a disability rating.
This disability rating is a measure of your functional capacity after the injury. The higher your rating, the more benefits you will receive once your claim is approved. Like any other type of insurance claim, the workers’ compensation claim process involves a formal review of the claim and all supporting documentation provided by the claimant. The insurance company may request additional information, conduct interviews with the claimant and/or their employer, and require various records in making their decision. Once your claim is approved, the insurance carrier will send a determination of benefits outlining the types of compensation they will provide to the claimant.
Workers’ compensation insurance generally provides two forms of benefits to an injured worker. First, the insurance company will cover all of the medical expenses the claimant faces from their injury. This will include the cost of immediate emergency treatment and any expenses incurred for managing symptoms until the claimant reaches maximum recovery. Second, the claimant can receive ongoing disability benefits if the injury interferes with their ability to work. These ongoing disability benefits help the injured worker manage their basic living expenses while they cannot work, and state law allows for these benefits to be disbursed in different formats.
Medical expense coverage is straightforward, and your Charlotte work injury attorney can help you ensure that the insurance carrier has all of the documentation they need to cover the medical care your injury demands. When it comes to disability benefits, these may be awarded on a temporary or permanent basis, depending on the severity of the injury. However, “permanent disability benefits” is something of a misnomer, as all workers’ compensation benefits determinations will have expiration dates, even for permanently disabling injuries.
A claimant can receive temporary total disability benefits if they are completely unable to work because of their injury. Once they reach maximum medical recovery and are able to resume their job duties, their benefits payments will end. Some claimants may be able to continue working after their injuries, but they are unable to earn as much income as they did previously. These claimants may be awarded partial disability benefits that help offset the difference in their earning power. When a claimant qualifies for partial disability benefits, they must continuously report their medical updates and their earnings to the insurance company. Failure to do so can lead to early termination of their benefits payments and other penalties.
When a worker has been permanently disabled from their work injury and will not be able to return to work at all in the future, the workers’ compensation insurance carrier may offer a large lump sum to offset the need for an extensive ongoing benefits arrangement. In this situation, a Charlotte work injury attorney can help their client determine if this offer is suitable for their condition. An attorney can also help the claimant resolve a claim denial or an unacceptably low benefits determination. It’s also possible for the claimant to have grounds for legal action against a specific party at fault for their work injury.
The workers’ compensation laws benefit employees and employers. A workers’ compensation claim can provide essential economic relief and ongoing support to an injured worker who must take time off to recover, and workers’ compensation insurance also shields the employer from civil liability for the workers’ damages. If you are hurt at work, you generally cannot file a personal injury claim against your employer unless they do not have workers’ compensation insurance. This would be a violation of North Carolina law, and your employer would face various penalties in addition to liability for your civil damages.
There are other situations that may entitle an injured worker to pursue legal recourse outside of the workers’ compensation claim process. In the event that your employer or a co-worker intentionally caused your injury in any way, or if your employer was negligent in their responsibility to maintain a safe and hazard-free workplace, these issues could form grounds for a personal injury case. Any employer found in violation of applicable industry regulations can face heavy fines and other disciplinary action. Your Charlotte work injury attorney can advise you as to whether any government oversight agencies may be involved in your case, and if so, they will explain how their involvement could alter the outcome of your recovery efforts.
It is also possible to have grounds for a third-party personal injury claim in the event any party outside of your workplace caused your injury. For example, if you were performing a delivery for work and a distracted driver caused an accident with you, you could file a claim for workers’ compensation benefits since it would qualify as a work-related injury. However, you could also file an auto insurance claim against the at-fault driver, and if that is not enough to fully compensate your damages, you can proceed with a personal injury claim.
When you have the ability to file a personal injury claim in response to a work-related injury, you could potentially secure far more compensation than a workers’ compensation claim alone could provide. Your Charlotte work injury attorney will be essential for determining the full range of damages you can seek from the party responsible for your injury. After exhausting your recovery options through your employer’s workers’ compensation insurance policy, you can claim compensation for all outstanding losses with your third-party personal injury claim.
Under state law, the defendant who caused your personal injury is liable for any and all economic effects the injury has on your life. The economic damages you can include in a personal injury claim in Charlotte may include:
Workers’ compensation insurance is an invaluable lifeline for any injured worker in Charlotte, but when a victim has grounds to file a personal injury claim in addition to their workers’ compensation claim, success with the personal injury action can significantly improve the total recovery they obtain. Beyond improving the total economic damages that you secure from the party who caused your injury, you also have the right to seek pain and suffering compensation under the state’s personal injury laws.
Most people are familiar with the term “pain and suffering” when it comes to personal injury law, but there are many misconceptions regarding these non-economic damages in North Carolina civil claims. It may seem impossible to assign a monetary value to something like physical pain or emotional distress, but your Charlotte work injury attorney will help you determine a suitable figure for your situation. State law does not limit the amount of pain and suffering compensation you can seek in your personal injury claim. When you choose The Bollinger Law Firm, PC, to represent your personal injury claim, we will do everything in our power to maximize this aspect of your case award.
Pain and suffering are most often awarded in two possible formats. First is the per diem method that awards a set amount every day until they reach maximum medical improvement. Your Charlotte work injury attorney will help you determine a fair amount to seek in your claim, and the defendant will be responsible for paying your pain and suffering damages until your medical condition has improved as much as it can.
Second is the multiplier method, most often used when a client has suffered permanent harm of some kind. The attorney will multiply the client’s total economic damages by a factor of one to five in most cases. For example, if you are seeking $200,000 in economic damages, your attorney may seek several times this amount in pain and suffering compensation if you suffered a permanent injury of any kind.
Each state has different personal injury statutes pertaining to negligence and the compensation available to plaintiffs who succeed with their claims. North Carolina is one of few states to enforce a contributory negligence law. Unfortunately, this can cause problems for injured plaintiffs who bear partial responsibility for causing their injuries.
While you may not be disqualified from filing a claim for workers’ compensation benefits in Charlotte if you are partially responsible for causing your injury, your liability will preclude you from filing a personal injury claim under the contributory negligence law. If you are found in any way at fault for causing your claimed damages, this will prohibit you from seeking compensation from the defendant. If you are concerned about bearing partial liability for causing your damages, it is essential to reach out to a Charlotte work injury attorney right away.
Any workplace injury in Charlotte can easily cause a host of financial problems for the victim and their family. In addition to the pain and stress that you are likely to experience during your recovery, medical bills and lost income can prevent you from paying household bills and managing basic living expenses. The average person does not have the financial liquidity to handle this type of situation on their own, and many will feel overwhelmed by the number of legal issues they will be forced to address in their recovery efforts.
When you choose The Bollinger Law Firm, PC, to represent you as your Charlotte work injury attorneys, we will immediately set to work determining your options for legal recourse. Most clients will have the ability to file workers’ compensation claims in response to their workplace injuries, and reliable legal counsel will be crucial for them to maximize the benefits they obtain from their employers’ insurance carriers. Our team has faced the largest insurance carriers covering employers in Charlotte, and we are familiar with the tactics insurance companies often use to avoid liability for workplace injury claims and to justify their denials of legitimate claims.
We will provide ongoing legal counsel through all stages of your recovery efforts. Our team will be available to answer any pressing legal questions you may have as they arise, helping you understand all of the legal mechanisms in play that will influence your case results. If you have grounds for any type of personal injury claim against the party responsible for your injury, we have long experience representing clients in their civil claims for damages and can employ this experience on your behalf through every stage of your case.
A: After an injury at work, you should seek medical care immediately and ensure the incident has been reported to your supervisor. This will generate a formal incident report to which you can refer later in your recovery efforts. Ideally, you should secure legal representation you can trust right after your injury and before discussing any type of settlement with an insurance provider or filing your workers’ compensation claim.
A: While it’s understandable to be concerned about the cost of hiring legal representation on top of expensive medical bills and the inability to work, it is always worth investing in reliable legal counsel after a workplace accident. A Charlotte work injury attorney can make every aspect of your impending recovery efforts easier and more likely to succeed. They can help you maximize your benefits determination for your workers’ compensation claim, and if you have grounds for further legal recourse, they will guide you through the steps necessary to ensure the best results.
A: Construction is the most hazardous industry based on the number of accidental injuries and deaths reported each year, but the reality is that anyone can suffer a serious work injury without warning. Some commonly reported work-related injuries in Charlotte include repetitive stress injuries, acquired medical conditions, injuries from falls, and vehicle accidents. If you are unsure whether your recent injury qualifies you to file for workers’ compensation benefits, it’s best to consult a Charlotte work injury attorney right away.
A: A successful workers’ compensation claim in Charlotte can yield compensation for the medical expenses resulting from the incident, as well as ongoing disability benefits if your injury prevents you from working during recovery. The exact value of any work injury claim varies based on innumerable factors, making it crucial that you find an attorney who will carefully review the unique details of your claim. If you have grounds for a third-party claim or personal injury claim, you can potentially secure far more compensation than a workers’ compensation claim would yield.
A: If you caused your own work injury through an unintentional honest mistake, this should not interfere with your ability to file a workers’ compensation claim. However, if you violated workplace policy in any way or broke state law in a manner that resulted in your injury, this may disqualify you from securing benefits through your employer’s workers’ compensation insurance policy. Additionally, you cannot seek compensation for damages in a personal injury claim if you bear any measure of partial responsibility under North Carolina’s contributory negligence rule.
Ultimately, every work injury case in Charlotte is unique, and every victim will face a different series of legal issues in their recovery efforts. The Bollinger Law Firm, PC, has extensive professional experience helping clients throughout the Charlotte area not only with the workers’ compensation claim filing process but also denied claim appeals, third-party claims, and a wide range of various types of personal injury cases.
Whatever your situation entails, you can rest assured that our team has the skills, resources, and experience necessary to provide ongoing guidance and support through every phase of your recovery efforts. Contact The Bollinger Law Firm, PC, today and schedule your consultation with a Charlotte work injury attorney who can provide support and legal guidance when you need it most.