Workers’ Compensation Lawyer in Lexington, NC
When a workplace injury leaves you facing medical bills, lost wages, and uncertainty, you deserve legal support you can trust. A workers’ compensation lawyer in Lexington can guide you through the claims process, ensuring your rights are protected and helping you pursue the benefits you could be entitled to. At Lewis & Keller, we are dedicated to standing by injured workers, offering personalized attention and experienced legal advocacy. Don’t navigate this process alone—let our team provide the guidance and representation you need to focus on your recovery. Contact us today for a free consultation and take the first step toward justice.
Table of Contents
- How Long Do Most Workers’ Comp Settlements Take?
- What Injuries & Illnesses Qualify for Workers’ Comp in NC?
- How Long Do You Have To File for North Carolina Workers’ Comp Benefits?
- When Do You Need an Attorney on Your Side for a Workers’ Comp Claim?
- What To Do After a Work Injury
- Lexington, NC, Workers’ Compensation FAQs
- Champions for Every Client–Lewis & Keller on Your Side
How Long Do Most Workers’ Comp Settlements Take?
The time to resolve a workers’ compensation claim in Lexington, NC, varies depending on the severity of the injury, the complexity of the case, and whether disputes arise during the process. Typically, claims involving straightforward injuries may be resolved within a few months. However, cases requiring prolonged medical treatment or facing disputes with employers or insurance companies can take over 6 months or more to settle.
What Injuries & Illnesses Qualify for Workers’ Comp in NC?
North Carolina workers’ compensation covers injuries and illnesses that arise out of and during employment. This includes:
- Accidental Injuries: Sudden events like slips, falls, machinery accidents, or injuries caused by falling objects.
- Occupational Diseases: Conditions directly caused by workplace exposure, such as asbestosis, carpal tunnel syndrome, silicosis, or hearing loss.
To qualify for workers’ compensation benefits, you must demonstrate that the injury occurred while performing your job duties and was not due to intentional actions or misconduct. For occupational diseases, the nature of your job must place you at greater risk of developing the condition compared to the general public.
If you’re unsure whether your injury or illness qualifies, consulting with an attorney can help you better understand your rights and ensure you receive the benefits you may deserve.
Which Injuries & Illnesses Aren’t Covered?
Not all injuries or illnesses are eligible for workers’ compensation in North Carolina. Certain exclusions apply, such as:
- Ordinary Diseases: Common conditions like colds or the flu that are not directly linked to workplace exposure.
- Self-Inflicted Injuries: Any harm caused by intentional actions, including attempts to falsify a claim.
- Injuries from Misconduct: Incidents that occur while under the influence of drugs or alcohol, or while violating company policies, are typically not covered.
Employers and insurance companies may deny benefits if there’s evidence of misconduct or if they believe the condition doesn’t qualify. If your claim is denied, contact us to help clarify the situation and determine whether an appeal is appropriate.
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How Long Do You Have To File for North Carolina Workers’ Comp Benefits?
In North Carolina, timely reporting and filing are essential to protect your workers’ compensation rights.
- Report Your Injury: Notify your employer in writing within 30 days of the injury or the diagnosis of a work-related illness. Failing to meet this deadline may jeopardize your claim.
- File a Claim: Submit your claim to the North Carolina Industrial Commission (NCIC) within 2 years of the injury date. This involves completing Form 18, which officially notifies the NCIC of your intent to pursue benefits.
Adhering to these timelines ensures your claim remains valid. Delays in reporting or filing could result in a denial, leaving you without access to the benefits you may need. If you’re unsure how to proceed, an experienced workers’ compensation attorney can guide you through the process and help ensure all deadlines are met.
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When Do You Need an Attorney on Your Side for a Workers’ Comp Claim?
While straightforward claims may proceed without issues, many situations require the help of an experienced workers’ compensation attorney. These include:
- Claim Denials: If your claim is denied, an attorney can help you appeal the decision and present evidence to strengthen your case.
- Severe or Permanent Injuries: Cases involving long-term medical care, permanent disability, or reduced earning capacity often require legal insight to secure fair compensation.
- Employer Retaliation: If your employer takes adverse actions, such as firing or demoting you after filing a claim, an attorney can help protect your rights.
Having legal representation ensures you’re not navigating the process alone and can help you address disputes, delays, and other obstacles effectively.
What To Do After a Work Injury
If you’ve been injured at work, taking the right steps early can help ensure a successful workers’ compensation claim:
- Seek Medical Attention: Prioritize your health by getting immediate treatment from an authorized healthcare provider.
- Notify Your Employer: Report the injury as soon as possible, ideally in writing, and include details about how and when it occurred.
- Document Everything: Keep thorough records of medical treatments, communications with your employer, and any related expenses.
These steps lay the groundwork for a strong claim and demonstrate your commitment to recovering and returning to work when possible.
What Should You Do If Your Claim Is Denied?
A denied workers’ compensation claim doesn’t mean the end of the road. If your claim is denied:
- Understand the Reason: Carefully review the denial notice to identify why your claim was rejected.
- Consult an Attorney: An attorney can evaluate your case and determine the best course of action.
- File an Appeal: Submit an appeal to the NC Industrial Commission with the help of your attorney. The appeals process may involve presenting additional evidence or attending a hearing.
Taking prompt action is critical to overturn a denial and pursue the benefits you may deserve.
Our Results Speak For themselves
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Auto accident resulting in post traumatic stress disorder.
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Workplace accident resulting in a traumatic brain injury.
Lexington, NC, Workers’ Compensation FAQs
Can I Choose My Own Doctor After a Work Injury?
Your employer or their insurance provider typically selects the authorized treating physician. However, you can request a change of doctor through the NC Industrial Commission if needed.
How Much Will I Receive?
Workers typically receive two-thirds of their average weekly wage during disability, subject to state-mandated limits. Consulting an attorney can help clarify your specific benefits.
Is There a Waiting Period for Benefits?
Workers’ compensation benefits in North Carolina generally start after the initial waiting period, which is 7 days from the date of injury. If you are unable to work for more than 21 days, you may also receive benefits retroactively for the initial waiting period. Benefits typically end when you return to work or reach maximum medical improvement (MMI), which is when your doctor determines that further treatment will not improve your condition.
Can You Sue Your Employer If You’re Hurt on the Job?
Workers’ compensation is typically the sole remedy for workplace injuries in North Carolina, meaning employees cannot sue their employer for workplace accidents. However, there are exceptions to this rule:
- Intentional Harm by the Employer: If an employer intentionally causes harm, the injured worker may have grounds to file a lawsuit in addition to seeking workers’ compensation benefits.
- Third-Party Lawsuits: If someone other than your employer contributed to your injury, you may be able to file a third-party lawsuit. For example, if faulty equipment caused your accident, you could sue the manufacturer. Similarly, if a subcontractor or another company’s employee caused your injury, they may be held liable.
Third-party lawsuits allow injured workers to pursue additional compensation, such as damages for pain and suffering, which are not covered under workers’ compensation. Consulting an experienced attorney is crucial to identifying these opportunities and ensuring you receive the full compensation you may deserve.
Who Is Exempt From Workers’ Comp Benefits?
In North Carolina, most employees are covered under workers’ compensation laws, but there are specific exemptions where benefits may not apply. These exemptions include:
- Independent Contractors: Workers classified as independent contractors are generally not eligible for workers’ compensation. However, misclassification by an employer could mean you are entitled to benefits.
- Certain Agricultural Workers: Employees working for smaller farms with fewer than 10 full-time workers are often exempt.
- Domestic Workers: Individuals working in private homes, such as nannies or housekeepers, are typically not covered under workers’ compensation.
- Casual Employees: Workers hired for temporary, non-regular tasks that aren’t part of the employer’s usual business may not qualify.
If you’re unsure about your eligibility under North Carolina workers’ comp laws, consulting an attorney can help you determine if you qualify for benefits or if other legal remedies, such as a civil lawsuit, may be available to you.
What If My Employer Doesn’t Have Workers’ Comp Insurance?
Employers with 3 or more employees are required to carry workers’ compensation insurance. If your employer lacks coverage, you can file a claim with the NCIC or potentially pursue a civil lawsuit.
PUT AN AWARD-WINNING FIRM ON YOUR SIDE
Lewis & Keller is a recognized Best Law Firm in Eminent Domain and Condemnation Law, as well as Personal Injury Litigation-Plainitffs by U.S. News and World Report. The firm has also been given an AV rating from Martindale-Hubbell.
Founding partner Mike Lewis has procured the title of one of the Best Lawyers in America for personal injury litigation and eminent domain, and was also distinguished as a North Carolina Super Lawyer in personal injury. These accolades wouldn’t have been possible without the hard work of all of the attorneys at Lewis & Keller and their clients who placed their trust in them.
Champions for Every Client–Lewis & Keller on Your Side
At Lewis & Keller, we are dedicated to helping injured workers in Lexington, NC. Our experienced team includes a board-certified WC specialist, and we can guide you through the complexities of workers’ compensation claims, ensuring you secure the benefits you could be entitled to. With personalized attention and unwavering support, we stand by your side every step of the way. Contact us today for a free consultation and take the first step toward a brighter future.
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