A work-related injury can be stressful and may leave you with questions about the process and how to protect your rights.
If you were injured at work in Winston-Salem, Greensboro, or anywhere else in the Tar Heel State, speaking with a North Carolina workers’ compensation lawyer at Lewis & Keller Injury Lawyers can help ensure your claim is properly built and handled throughout every stage of the process.
Q: What Are the Most Common Causes of Workplace Injuries?
The most common causes of workplace injuries vary by industry, but the National Safety Council reports the following as having the overall highest frequency in recent years:
- Being exposed to hazardous substances or environments — this can include but is not limited to, exposure to contagious diseases like Covid-19, exposure to extreme heat or cold, electricity or radiation exposure, and even experiencing a traumatic event.
- Overexerting your body — repetitive motion injuries, strains, sprains, and tears are all examples of injuries caused by overexertion.
- Slipping, tripping, falling, or jumping — while slips, trips, falls, and jumps may all seem the same, each one actually differs slightly. Slipping on a wet floor or tripping over an object on the ground may not lead to a complete fall, but you can still be hurt in the process of catching yourself. A fall in which you do hit the ground or an intentional jump from a high-up place can also both have serious consequences.
Q: Which Industries in North Carolina Most Commonly Lead to Workplace Injuries?
Certain industries in North Carolina consistently see higher rates of workplace injuries because of physical labor, heavy machinery, repetitive motion, or hazardous environments. Workers’ compensation claims frequently arise from jobs in the following sectors:
Manufacturing and Industrial Work
- Assembly lines, machine operation, and equipment maintenance
- Common injuries include crush injuries, amputations, and repetitive strain injuries
Healthcare and Medical Services
- Nurses, aides, and hospital staff often suffer back injuries from lifting patients
- Exposure to infectious diseases or hazardous materials can also occur
Construction and Skilled Trades
- Falls from heights, equipment accidents, and electrical injuries are common
- Roofing, framing, and road construction are especially high-risk
Transportation, Warehousing, and Logistics
- Forklift accidents, lifting injuries, and vehicle collisions occur frequently
- These jobs often involve heavy lifting and fast-paced environments
Q: If an Employee Is Injured Due to Their Own Negligence, Are They Still Eligible for Workers’ Comp Benefits?
In most cases, an employee who is injured due to their own negligence can still receive workers’ comp benefits. North Carolina workers’ compensation is a no-fault system, which means that an employee is entitled to benefits regardless of who is at fault for the injury.
There are, however, some exceptions to this rule, such as if the employee was under the influence of drugs or alcohol at the time of the injury or if they were injured in a physical fight that they initiated. In these cases, it is unlikely for the injured person to be eligible for workers’ comp benefits.
Q: What Should I Do Immediately After a Work Injury in North Carolina?
Taking the right steps after a workplace injury can protect both your health and your workers’ compensation claim.
If you were injured at work in North Carolina, you should:
- Report the injury to your employer immediately. You should notify your supervisor or employer as soon as possible. Ideally, this should be done the same day that your injury occurred.
- Seek medical treatment right away. Getting prompt medical care ensures your injury is documented and treated properly.
- Follow your doctor’s treatment plan. Attend all follow-up appointments and follow medical advice carefully.
- Document everything. Keep records of medical visits, prescriptions, missed workdays, and communication with your employer.
- Consider speaking with a North Carolina workers’ compensation attorney. An attorney can help ensure your rights are protected and your claim is filed correctly.
Q: Are There Any Time Limits for Filing a Workers’ Comp Claim?
Yes, there are time limits for filing a workers’ comp claim in North Carolina.
Injured workers are encouraged to report a workplace injury as soon as possible to their employer, even if it is just a verbal notification, but a written notice must be given to the employer within thirty days of the accident. The sooner this notice is provided, the better.
After providing written notice, an injured employee has two years from the date of the injury to file a Form 18 and submit it to the Industrial Commission. It is important to note that failure to give written notice to an employer within thirty days or failure to file a Form 18 may result in the loss of workers’ compensation benefits.
To find out more about the North Carolina workers’ comp claims process and the required forms, visit the North Carolina Industrial Commission’s page for injured workers.
Q: Do I Have to See My Employer’s Doctor for a Work Injury in North Carolina?
In many North Carolina workers’ compensation cases, the employer or their insurance company initially chooses the authorized treating physician. This means you may be required to see a specific doctor or clinic for treatment.
However, injured workers still have important rights, such as:
- You may request a change of physician through the North Carolina Industrial Commission.
- In emergencies, you can seek treatment at the nearest emergency room.
- If your employer refuses necessary treatment, a workers’ compensation lawyer may help you request approval for additional care.
Q: Where Should I Seek Treatment for a Work Injury in Greensboro or Winston-Salem?
If you suffer a serious work injury, you may need treatment at a hospital or emergency department. Several major medical facilities serve injured workers in the Triad region.
Hospitals in Greensboro
Workers in Greensboro often receive treatment at facilities such as:
- Cone Health Moses H. Cone Memorial Hospital: Moses H. Cone Memorial Hospital is a large regional medical center in Greensboro that provides emergency care, trauma services, advanced imaging, and orthopedic treatment for serious workplace injuries.
- Cone Health Wesley Long Hospital: Wesley Long Hospital is a full-service Greensboro hospital offering emergency treatment, surgical services, and specialized care that may be necessary after a significant workplace accident.
These hospitals provide emergency services, orthopedic care, and imaging that may be needed after workplace accidents.
Hospitals in Winston-Salem
Workers injured in Winston-Salem may receive treatment at:
- Novant Health Forsyth Medical Center: Novant Health Forsyth Medical Center is a major Winston-Salem hospital that offers emergency medicine, surgical services, and specialized treatment programs for patients recovering from serious injuries.
- Atrium Health Wake Forest Baptist Medical Center: Atrium Health Wake Forest Baptist Medical Center is an academic medical center in Winston-Salem known for advanced trauma care, orthopedic treatment, and specialized rehabilitation services.
Depending on the circumstances of your injury, your employer or their insurance company may direct where you receive treatment for workers’ compensation purposes.
Q: How Long Does the Workers’ Comp Process Typically Take?
The length of time it takes to process a workers’ comp claim can vary depending on the circumstances of the case.
In general, the process can take several months to a year or more. Factors that can affect the timeline include the severity of the injury, the complexity of the case, and the responsiveness of the employer and insurance company. The most important factor in ensuring you get the most out of your benefits in a timely manner is whether or not you have a strong legal ally working alongside you on your claim.
Q: Where Can I Rehab or Receive Physical Therapy for a Work Injury in North Carolina?
Many workplace injuries require physical therapy, occupational therapy, or other rehabilitation services before a worker can safely return to their job.
These facilities treat common work injuries such as:
- Back and neck injuries
- Shoulder and knee injuries
- Repetitive motion injuries
In the Greensboro and Winston-Salem area, injured workers commonly receive rehabilitation treatment at:
Greensboro Rehabilitation Providers
- Cone Health Outpatient Rehabilitation Centers: Cone Health Outpatient Rehabilitation Centers provide physical therapy, occupational therapy, and injury recovery programs designed to help patients regain strength, mobility, and function after serious injuries.
- EmergeOrtho Physical Therapy Clinics: EmergeOrtho clinics throughout the Greensboro area specialize in orthopedic rehabilitation, offering treatment plans for joint injuries, back injuries, and other musculoskeletal conditions.
Winston-Salem Rehabilitation Providers
- Novant Health Rehabilitation Services: Novant Health Rehabilitation Services offers physical therapy, occupational therapy, and specialized rehabilitation programs to help injured patients safely recover and return to normal activities.
- Wake Forest Baptist Rehabilitation Centers: Wake Forest Baptist Rehabilitation Centers provide comprehensive rehabilitation services, including physical therapy, neurological rehabilitation, and recovery programs for complex injuries.
Rehabilitation may include physical therapy, pain management, mobility training, and work conditioning programs designed to help injured employees return to work safely. Workers’ compensation insurance typically covers medically necessary rehabilitation if it’s authorized as part of your treatment plan.
Q: What Can I Receive Compensation for in a Workers’ Comp Claim?
The benefits awarded in a workers’ comp claim can include medical expenses reimbursement for treatment related to the injury, wage replacement for lost income due to the injury, and vocational rehabilitation to help the injured worker obtain new job skills, retrain for a different occupation, or find new employment.
Medical benefits can cover various expenses, such as doctor visits, hospital stays, surgery, prescription medication, and medical equipment necessary for treating the injury.
In some cases, an injured worker may also be entitled to a lump-sum settlement that provides a one-time payment to the worker instead of ongoing benefits. This may be offered if the worker has sustained a permanent injury or is unable to return to work due to the injury.
Keep in mind that workers’ compensation benefits will vary based on the specific circumstances of the injury.
Q: Can I Choose My Own Workers’ Compensation Lawyer in North Carolina?
Yes. Injured workers have the right to choose their own attorney to represent them in a workers’ compensation claim.
A workers’ compensation lawyer can help with:
- Filing your claim with the North Carolina Industrial Commission
- Appealing a denied claim
- Negotiating a fair settlement
- Ensuring you receive proper medical treatment
- Protecting you from insurance company tactics
Most workers’ compensation lawyers, including those at Lewis & Keller Injury Lawyers, work on a contingency fee basis, meaning you generally do not pay legal fees unless your case is successful.
Q: Why Is My Case Worth More or Less Than My Neighbor’s?
The value of a workers’ compensation claim depends on many factors: whether you had surgery, the type of surgery you had, and whether you were released to return to work with or without restrictions, just to name a few. The value of each of these elements depends on what your average weekly wage is.
For example, if your average weekly wage is higher than someone else’s who may have had the same type of injury and outcome, your settlement may likely be higher than theirs. If it is less, your settlement may likely be lower, even if you both injured the same body part and had the same surgery.
Getting an attorney early on in the workers’ compensation process helps to ensure you are being paid at the correct rate and that your recovery is maximized when it comes time to resolve your claim.
Q: How Do I Know If an Offer Is a “Good” Offer?
The best way to ensure the offer that is being made to settle your claim is the best offer possible is to hire an attorney early on.
However, if you have handled the claim on your own and got an offer from an adjuster, you should still contact us to see if we can step in and negotiate a higher offer on your behalf. If we feel the offer is fair, we will tell you so! If we feel we can do better, we will work with you and the insurance company to make sure you are being compensated appropriately.
Remember: if you sign a document accepting a settlement, you will likely be bound to that amount, so call and let us help you before it’s too late.
Q: Do I Need a Workers’ Compensation Lawyer for My Claim?
Not every workers’ compensation case requires an attorney, but legal representation can be extremely valuable when complications arise.
You may benefit from hiring a lawyer if any of the following is true:
- Your claim is denied.
- Your employer disputes that your injury is work-related.
- Your benefits stop unexpectedly.
- You suffer a permanent disability.
- You’re offered a settlement, but you’re unsure if it’s fair.
Insurance companies often try to minimize payouts. An experienced attorney can evaluate your case, negotiate with the insurance company, and advocate for the full benefits you deserve.
Q: Can an Injured Employee Receive Both Workers’ Comp and Social Security Disability Benefits at the Same Time?
An injured employee can receive both workers’ comp and Social Security Disability benefits at the same time. In this case, the SSA will likely reduce the employee’s disability benefits in accordance with the amount of workers’ comp they will be receiving.
It’s worth noting that the requirements for workers’ comp differ from those for SSDI. Just because you are approved for one does not mean you will be approved for another. If you are unsure about what benefits are available to you, schedule a free consultation with our office and have your questions answered by the experts.
Q: Can an Employer Retaliate Against an Employee for Filing a Workers’ Comp Claim?
No, it is illegal for an employer to retaliate against an employee for filing a workers’ comp claim.
Retaliation can include actions such as termination, demotion, or reducing the employee’s hours or pay. If an employee experiences retaliation for filing a workers’ comp claim, they should contact an experienced workers’ comp attorney immediately.
Q: What Should I Do If My Workers’ Comp Claim Is Denied?
If your workers’ comp claim is denied, you have the right to appeal the decision! Start by seeking the assistance of a workers’ comp attorney with experience handling denied claims. If your claim was originally denied, you’ll want someone trained in NC workers’ comp law to help you understand what needs to be addressed and assist you in receiving a more favorable outcome.
Our attorneys will be able to guide you through the appeals process and help you build a strong case for recovering benefits. Appeals must be filed within a certain time frame, so act quickly.
Don’t see the answer to questions about your workers’ comp here? Contact Lewis & Keller Injury Lawyers’ Winston-Salem work injury advocates for a free consultation to learn more!
