Your Winston-Salem Workers’ Comp Lawyers
Suffering a work-related injury or illness can be incredibly stressful and overwhelming. Dealing with the process of filing a claim for workers’ compensation while you’re trying to heal can be incredibly challenging. But it’s important to remember that you have rights and you don’t have to navigate the legal system alone.
Our experienced Winston-Salem workers’ comp lawyers are committed to protecting the rights of hardworking families in Winston-Salem, Greensboro, and the surrounding areas If you’ve been hurt on the job and are struggling to receive workers’ comp benefits, please don’t wait to give us a call. We’re dedicated to being a champion for our clients and can help you and fight for maximum compensation after a workplace accident.
We Make
It Easy
We make getting help with your workers’ comp case easy. All you have to do is call us and tell us what happened. If we’re able to help, we’ll take care of the rest so you can focus on getting better!
You Deserve
To Be Paid
Don’t let your employer or your insurance company give you the runaround. After suffering work-related injuries, you have a right to be paid for your lost wages and medical expenses. Let us fight for that right.
No Fees Unless
We Win
The best part is that it doesn’t cost anything to hire our attorneys! We work on a contingency-fee basis, so you can put the full force of our team on your side without worrying about expensive legal fees. In fact, you won’t owe us anything unless we win benefits for you.
You’re Not Alone
In 2018, over 2 million non-fatal workplace injuries and illnesses were reported. Workplace injuries happen every day that can be isolating, overwhelming, and even life-changing. The pressure from piling medical bills and lost wages in addition to dealing with the immense mental and physical pain from your injuries can be unbearable. If you’re in this situation, we want you to know that you’re not alone.
Our Winston-Salem workers’ comp lawyers know what you’re going through and we can help you navigate the legal process to obtain the benefits you need to begin to move forward. At Lewis & Keller, we’re on your side and we’re ready to help. All you have to do is call us!
See What Our Clients Say
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Do I Have a Case?
If you have a possible workers’ compensation case, you may be concerned about whether your case will succeed and whether it’s worth the hassle of pursuing. While each workers’ compensation claim is unique and influenced by many factors, workers’ comp cases are generally based on illnesses related to your work tasks, on-the-job injuries, and illnesses caused by exposure to work materials, activities, and equipment. Let’s look at some of the circumstances our Winston-Salem workers’ comp lawyers will review with you in your free case review that will help you determine your next best steps.
Common Types of Workers’ Compensation Injuries
- Sprains and strains
- Bruises and cuts
- Burns
- Eye injuries
- Concussions
- Fractures
- Back injuries
Common Types of Workers’ Compensation Accidents
- Commercial truck accidents
- Industrial accidents
- Construction accidents
- Slips, trips, and falls
- Machinery accidents
- Falling objects
Some types of injuries and accidents that aren’t generally covered by workers’ compensation include but are not limited to:
- Stress or psychiatric disorders
- Injuries caused by fighting
- Injuries that happen while committing a crime
- Injuries that happen while under the influence of drugs and alcohol
- Injuries that happen while violating company safety policies
- Self-inflicted injuries
Are You Within the Time Limit to Seek Compensation?
In most cases, on-the-job injuries or illnesses must be reported to the employer within 30 days of the accident or discovery of the illness. While this notification may be informal, it’s best to formally report the injury to the employer with a written statement.
The statute of limitations is the time limit you have to open a case. In North Carolina, the statute of limitations for workers’ compensation claims is two years from the date of injury. If you fail to submit your application for benefits before this time limit, then you may not be entitled to any compensation according to state law.
In some cases, injured workers delay reporting and filing because of fear of retaliation from their employer. In North Carolina, it’s against the law for employers to take adverse action against workers who file claims for workers’ compensation benefits. If your employer takes adverse action, you can file a retaliation claim with the state. The statute of limitations on a retaliation claim is three years.
If you are still unsure whether you have a case worth pursuing, contact our team for a free case review. Our Board-Certified Workers’ Comp Specialist, Attorney Shannon Warf Wilson, knows everything there is to know about securing workers’ comp in North Carolina, and she can help you understand your options and plan your next best steps.
Injured on the Job? Let Us Be a Champion for You!
If you were hurt on the job, you have rights. Let our team be your champion and help you seek the compensation you deserve.
How Can a Lawyer Help?
Workers’ compensation claims can be challenging and complex. Taking on your case by yourself can leave you at a disadvantage, which is why it’s best to enlist the help of an experienced workers’ compensation attorney. Our experienced attorneys understand the complexities of North Carolina of workers’ compensation laws and can build the strongest case possible on your behalf. We’ll gather evidence, field calls from insurance companies and defense attorneys, and seek compensation you may not know you deserve. Most importantly, we will be your loyal advocate and stand up for your rights. Our Winston-Salem workers’ comp lawyers will be with you, helping you seek the maximum amount for your losses, every step of the way.
Our Results Speak For themselves
$
7000000
Settlement For Motorcycle Wreck
$
3000000
Settlement For Plaintiff
$
1393000
Workers’ Compensation Settlement
Hurt on the Job? Let Us Be a Champion for You!
Don’t wait to call us for help. Our lawyers are devoted to fighting for the benefits injured Winston-Salem workers deserve. Let us be a champion for you, too!
What Benefits Can I Receive?
As medical bills start to pile up and you’re still unable to make a living while you recover from your workplace accident, you’re likely wondering what benefits you’re entitled to. Workers’ compensation can be your lifeline during this difficult time.
While no two cases are the same and the specific amount you’re able to receive will depend on the circumstances of your situation, injured workers are entitled to the following types of benefits under the North Carolina workers’ compensation system:
Medical Benefits
Your workers’ comp benefits should cover the cost of any medical expenses related to your workplace injuries or illness. This can include the cost of medical evaluations, prescriptions, surgeries, and any required equipment for recovery, such as crutches.
Disability Benefits
If your injuries prevent you from returning to work during your recovery, you may be able to receive disability benefits through workers’ compensation. These benefits are meant to cover a portion of your lost wages while you’re unable to work.
Depending on your particular circumstances, you may be entitled to:
- Temporary Total Disability (TTD)
If your injuries prevent you from working more than seven days in a row, you may qualify for temporary total disability benefits that are equivalent to 66 and 2/3rds of your average weekly wage. These benefits can be awarded while you’re unable to return to work and are receiving active medical care. You may be entitled to these weekly benefits while you are unable to return to work and they could continue for up to 500 weeks. - Temporary Partial Disability (TPD)
If your injuries prevent you from returning to work at the same or greater average weekly wage that you were earning at the time of your injury, you may be entitled to weekly payments to make up the difference between your pre and post-injury wage. - Permanent Partial Disability (PPD)
Once your doctor determines you have reached maximum medical improvement (MMI), they may assign a PPD rating based on any residual impairment you may have as a result of your injury. These benefits could continue throughout the extent of your disability if your injuries prevent you from returning to work after this 450-week period.
Death Benefits
When the unthinkable happens, it’s important to know your rights. If your loved one lost their life due to a work-related injury or illness, you may be entitled to receive death benefits. These benefits are intended for surviving family members and depend on the income of the deceased worker. You may also be entitled to burial expenses of up to $10,000.
Were You Hurt on the Job?
Avoid Costly Mistakes in Your Claim, and Download Our Free Ebook!
Our team at Lewis & Keller, including Board Certified Workers’ Comp Specialist Attorney Shannon Warf Kovach, have put together the ultimate guide to seeking workers’ compensation in North Carolina, and it’s absolutely free! Download your workers’ comp Ebook to:
- Learn what benefits you may be entitled to.
- Get answers to questions, like why your company won’t pay for your medical bills.
- Receive guidance on filing your workers’ comp forms.
- Understand what happens after you file for workers’ compensation.
- Learn how Lewis & Keller can help you and your family, whether you have an existing or new case.
Filing a Workers’ Comp Claim in Winston-Salem, NC
Keep the following steps in mind when filing a workers’ comp claim in Winston-Salem:
Inform Your Employer
It’s crucial that you inform your employer immediately after your accident. Once your employer is made aware of the incident, they may give you a form to fill out about your accident or injury. Make sure to complete the form accurately and return it as soon as possible. If you wait too long to notify your employer, it could jeopardize your right to benefits.
Seek Medical Attention
Not all work-related injuries are severe; however, it’s best to be evaluated by a medical professional after any accident. A doctor can review your injury and determine what treatment will be required for you to recover. If you fail to seek medical attention, the insurer may assume that you did not suffer any injuries, and you may be denied benefits that could have helped cover your expenses.
Appealing a Denied Claim
After your employer files your claim, you can expect to be informed as to whether you’re approved or denied for benefits. In most cases, if your claim is denied, you have the option to request a formal hearing. Consulting an experienced Winston-Salem workers’ comp lawyer in this situation who is familiar with the workers’ comp system will be to your advantage!
Frequently Asked Questions
Can I Get Workers’ Compensation If the Accident Was My Fault?
Workers’ comp is a no-fault system, which means you’re entitled to benefits even if you were responsible for your injury. As long as the accident occurred while you were on the job, you should be entitled to benefits to help cover your medical expenses and part of your lost wages.
Does My Employer Offer Workers’ Comp?
Workers’ compensation is a form of insurance that’s required for almost every employer in North Carolina. Under the Occupational Safety and Health Administration (OSHA) standards, employers are required to ensure that the workplace environment is safe for their employees.
For example, employers must post safety notices in areas that are easily accessible and visible to all employees. Additionally, they are required to provide information about how to apply for workers’ compensation, as well as a list of authorized healthcare professionals that employees may visit in the event they’re injured on the job.
Should I Sue My Employer?
If you’re an employee of the company, you are generally prohibited from suing your employer. However, under limited circumstances, employees can file a lawsuit in order to receive benefits. For example, if your employer purposely caused you to become injured, you may be able to file a lawsuit in civil court.
What Can a Workers’ Comp Lawyer Do for Me?
If you need assistance in understanding your benefits, or you were denied benefits, our Winston-Salem workers’ comp lawyers can help. Our team of attorneys will review the various aspects of your claim with you to determine your legal options and whether you’re eligible to receive benefits. From there, we will help you form a plan of action designed to get you the compensation you deserve.
What if I Was Denied Workers’ Compensation?
It’s unfortunate, but many workers’ compensation claims get denied the first time out. If you’ve been denied workers’ compensation, then you may need the help of a Winston-Salem workers’ comp lawyer. A denial doesn’t necessarily mean you can’t get the benefits you need. It just means you will have to appeal your case. The appeal process, however, can take a while, and it can be complex. An experienced attorney, like the Board Certified Workers’ Comp Specialist, Attorney Shannon Warf Wilson, at Lewis & Keller, can help you navigate the process and fight for the benefits you deserve.
What Should I Do If I Was Hurt at Work?
The first thing you should do is notify your employer, then get medical attention. Your employer may give you a list of approved health care providers to visit. They should then make sure that you have all the paperwork required to get your workers’ comp claim covered, and that includes your visit to the doctor. If they don’t give you this paperwork, be sure to request it. It’s vital that you file your claim with the North Carolina Industrial Commission quickly.
Make sure that you keep all of the receipts and records of your medical visits. The more detail you have, the more likely your claim is to be accepted. Finally, contact our workers’ compensation attorneys right away. We can help you ensure everything in your claim is set up so that you have the strongest possible chance at receiving the compensation you deserve.
Do I Really Need a Lawyer for Workers’ Comp?
Legally, you are not obligated to call a workers’ compensation lawyer. If your case goes through without any problems and you get your benefits, you may be fine. Still, any number of problems can arise during the process, and far too many claims are denied. Insurance companies do this to save themselves money. If your claim is denied, you may need help to challenge and appeal the denial. It’s always a good idea to call on the services of workplace injury lawyers to give yourself the best chance of getting benefits.
How Much Will I Get in Benefits?
The exact figure you will get in benefits depends on your unique circumstances. You may be able to get benefits to cover the cost of all of your medical expenses, including doctor visits, medical procedures like surgery or physical therapy, equipment like wheelchairs or crutches, medication, mileage and more.
You can also seek disability benefits to cover your lost wages during the time you’re unable to work. These can range from total benefits for the weeks you are completely out of work, to partial benefits if you return to work making less wages, to ongoing benefits if you remain out of work for an extended period of time. Finally, if you lose a loved one due to a workplace injury, you may be entitled to death benefits and funeral expenses.
When Can I Start Receiving Benefits?
Benefits for lost wages kicks in after you have missed 7 days from work. If you remain out of work for 21 days, then you will be entitled to reimbursement for the first 7 days you missed from work. If you haven’t received retroactive payments, contact your Winston-Salem workers’ comp lawyer at Lewis & Keller for help.
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