Durham Workers Compensation Attorney
Durham, often called the City of Medicine, is a vibrant city in Research Triangle Park and the home of Duke University. Due to the city’s constant development and thriving healthcare sector, it is home to many construction workers and nurses, two of the ten professions with the highest rates of workplace illness and injury.
Accidents at work frequently impact people at home as well. For any family, increasing medical expenses and reducing income are unsettling. Part of workers’ compensation’s purpose is to shield qualified injured workers. Sadly, stories of injured workers not getting all the benefits they may always be entitled to come up. Get the burden of your injuries taken care of by knowledgeable workers’ compensation lawyers in Durham, North Carolina, so you can concentrate on improving.
Our workers’ comp professionals will provide you with a free, private case evaluation and answer any questions you might have about what benefits might be available. Let us help you.
Understanding North Carolina Employees’ Legal Rights
Since we represent clients in employment law and personal injury cases at Constantinou & Burkert Accident Injury Lawyers, workers’ compensation cases closely overlap with our two areas of expertise. When an employee in Durham, North Carolina, is injured while working for their company, we know their rights and what we can do to ensure they get the compensation they are due.
Workers Comp Benefits in North Carolina
The following benefits for workplace injuries may be available to you under North Carolina workers’ compensation law:
- Medical treatment
- Weekly benefits for workers’ compensation (temporary or permanent), depending on an employee’s ability to work fewer hours or not at all
- Impairment of permanent disability due to permanent injuries
- Payment is negotiated as a part of an acceptable settlement agreement for future lost wages and medical needs.
- Additional benefits like vocational rehabilitation, mileage reimbursement, etc
What Injuries Are Covered by Workers’ Compensation Laws?
It’s crucial to speak with a knowledgeable workers’ compensation attorney about the details, as not all injuries will be compensated by workers’ compensation insurance; nevertheless, in general, the following types of injuries are covered:
- Injuries that are directly related to a workplace accident
- Aggravation of prior injuries sustained in a work-related accident
- Additional injuries brought on by an earlier work-related injury (for instance, if a worker sustains a back injury that subsequently damages their knee)
- Diseases related to work that an employee gets exposed to and contracts as an outcome of their work activities
Durham Workers’ Compensation Lawyer Assists Injured Worker
Any injury can prevent you from working, but you can file a workers’ compensation claim if it happens at work. Workers’ compensation is a benefit that replaces lost income and helps with bill payments and medical costs in case of an inability to work. Workers’ compensation generally covers medical expenses and two-thirds of your weekly salary. Workers’ compensation can be the difference between having the means to pay their expenses and serious financial problems. Unfortunately, non-lawyers sometimes find it challenging to navigate the system. A skilled Durham workers’ compensation lawyer can ensure you receive the compensation you are entitled to while saving you a lot of time.
When Should I Hire a Lawyer for My Personal Injury Case?
After your injury, it is advisable to contact a personal injury lawyer in Durham, NC, as quickly as you can. They may:
- Help you understand your rights
- Pursue possible compensation for medical expenses and lost wages.
- Negotiate with the insurance company
- Ask about prescribed medical treatment.
- Examining potential settlement offers ensures that any necessary future medical care is considered.
Contacting our Durham workers’ compensation attorneys will have little to no negative consequences as we offer a free and private assessment of your case. Our law firm operates on a contingency attorneys fee basis, so if you want to move forward with a workers’ compensation claim, there will be an upfront legal cost once we get you the compensation. Our desire to get you with everything we can as soon as possible motivates us.
Do You Qualify for Workman’s Comp in NC?
To be eligible for workers’ compensation in Durham, North Carolina, you have to fulfill the following criteria:
- You suffered an accident
- arising from and during the process of your work.
Therefore, injuries you caused yourself or that resulted from engaging in unlawful behavior will not be covered by workers’ compensation in Durham, North Carolina. Whether your injury resulted from or happened during the period of your job is often the crucial question. You could not, of course, file a worker’s compensation claim if you were hurt on the weekend while you were painting your home. You might be eligible to file a workers’ compensation claim if you were hurt in a car accident while driving to a client’s meeting. Although this matter may seem more complex than it is, a lawyer in Durham, North Carolina, can assist you in preparing your claim for approval.
How long can I get medical treatment following a work injury?
While under the supervision of a doctor, a wounded employee is entitled to reasonable and required medical treatment. Two years after your final payment, you must file a petition with the Industrial Commission for further medical care. Employees who were hurt before July 5, 1994, are eligible for lifetime medical care.
It must be demonstrated that the requested treatment is connected to workplace injury. The insurance company will only cover expenses logically and naturally resulting from a workplace injury. Your workers compensation attorneys will present evidence to demonstrate that medical treatment is deemed reasonably required to alleviate symptoms, cure an illness, or shorten the duration of a disability.
What Should You Do If You Have Job-Related Injuries or Illnesses?
Contrary to popular belief, the workers’ compensation process is complex. There are a few crucial actions that you must do right away before filing your claim in Durham, North Carolina:
- Inform your employer about your illness or injury. Although North Carolina mandates that you do this within 30 days, you should do it as soon as feasible. Benefits will be paid once your injury or illness is reported.
- Get a comprehensive medical evaluation. It is crucial to obtain a professional medical opinion regarding your injury or illness. The report from your doctor should identify the cause of your injury, outline your limitations, and clarify why you cannot resume your job.
- Follow your doctor’s advice. Many people put their workers’ compensation claims at risk by disobeying their doctors. This will not only support your claim but also aid in your complete recovery.
- Consult a work injury attorney. To help you gather the evidence you need to support your claim, a skilled lawyer in Durham, NC, could help.
If you don’t follow these steps, you may be unable to file a claim. The longer you wait to make it, the harder it will be to prove it.
Can a Durham Workers’ Compensation Attorney Help Me If the Benefits Are Denied?
You should speak with a personal injury attorney in Durham, NC, to find out if you have a valid reason to file a workers’ compensation claim. For a claim to get properly recorded, Form 18 must be submitted to the Industrial Commission two years after the accident date. The injured employee can then challenge the denial of workers’ compensation benefits by submitting a Form 33 Request for Hearing.
When a case is added to a deputy commissioner’s hearing docket, it typically takes a few months for the deputy commissioner to review it and determine whether the injury qualifies for workers’ compensation payments. After the first hearing, the complete hearing procedure may take an extra six months up to a year.
An attorney will represent the insurance company or the employer at the hearing. It usually makes sense to have legal representation at this point, even though the wounded employee can defend his interests during the hearing.
Contact Our Workers Compensation Lawyers Today
Your future is at risk if you are hurt and unable to work. So that you can concentrate on your healing, allow Constantinou & Burkert Accident Injury Lawyers in Durham, North Carolina to assist you in obtaining the required benefits. Contact us online or call us at (919) 683-1302 to arrange a free consultation with a competent and experienced Durham worker’s compensation lawyer.