The Bollinger Law Firm has represented injured workers in North Carolina for several years. During those years, we have found that injured workers often do not know their rights, obligations or benefits under the North Carolina Workers’ Compensation Act. This page is meant to provide answers to several frequently asked questions.
These questions and answers are general in nature and should not be used as specific legal advice for your case. However, these questions and answers do outline common problems and legal issues that arise in workers’ compensation cases.
If you have been injured at work, you may call our office for a free legal consultation with one of our workers’ compensation lawyers. We will be happy to discuss the specific facts and issues of your case with you.
No. Injuries are covered only if they arise in the course and scope of your employment and in a compensable fashion. You must have suffered an injury by accident, by specific traumatic incident or by an occupational disease process. Each of these terms is extensively defined in the law.
Basically, an accident means that something unusual had to happen, such as a trip, slip or fall, which causes you to be hurt. However, any unusual circumstance may constitute an accident. A specific traumatic incident has to be related to the work assigned, and only applies if you injure your back or develop a hernia.
An occupational disease occurs when you contract one of approximately 20 listed occupational diseases, such as blisters, anthrax, tenosynovitis, asbestosis, various types of poisoning, hearing loss and other conditions. In addition, if you have a disease that is characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed, then you may have an occupational disease.
You have two years to file the claim with the Industrial Commission, under most circumstances. You are required to report the accident to your employer in writing within 30 days. If you have an occupational disease, file as soon as the doctor tells you about it. When we represent an injured employee, we file the claim with the Industrial Commission so that you do not have to worry about the two-year limit.
Most experienced workers’ compensation lawyers charge a 25 percent contingent-fee on the benefits obtained for you through the Industrial Commission procedures. This means that if we get your weekly checks started for you, we would be entitled to request a fee of one-fourth of the weekly check amounts. Or, if we settle your case for $100,000.00 we would be entitled to request a fee of one fourth of that amount, or $25,000.00. The expenses of pursuing your case are in addition to the 25 percent fee. Legal fees must be approved by the North Carolina Industrial Commission, so lawyers tend to charge about the same amounts all across the state. If you are going to pay the same amount for an experienced lawyer as you will for an inexperienced lawyer, you should choose a more experienced workers’ compensation attorney with whom you are comfortable.
First you should look for an experienced workers’ compensation lawyer. At The Bollinger Law Firm, PC, we handle at least 100 workers’ compensation cases a year, representing only the injured employees. Bob Bollinger is a Board-Certified Specialist in Workers’ Compensation Law. Mr. Bollinger’s workers’ compensation trial experience can be reviewed on the Industrial Commission website, where the decisions in more than one-hundred cases he has tried are posted.
There are a number of fine workers’ compensation lawyers in North Carolina, and you should ask any lawyer that you are thinking about hiring about their experience in litigating Workers’ Compensation cases. Experience matters! Beyond that, you should try to hire a lawyer who has time to talk with you about your case initially and with whom you are comfortable discussing medical issues, your income and your hopes for the future.
Just call us at 704-377-7677. We proudly offer free consultations where you can determine if our firm is right for you.