If you are suffering from a work-related illness or injury after an on-the-job accident in North Carolina, you may be trying to figure out when to hire a workers’ comp lawyer. This can be a tricky question, but we’re here to walk you through it.
There is a lot of confusion when it comes to workers’ compensation claims and a lot that can go wrong when it comes to getting the benefits you need. That’s why our lawyers are dedicated to being your workers’ comp champions and helping you seek every penny you may be entitled to. Continue reading to determine when you should reach out to your experienced and trusted workers’ comp attorneys at Lewis & Keller.
The Short Answer
If you’ve been injured on the job, hire a workers’ comp lawyer as soon as possible to protect your rights and ensure you receive the benefits you may deserve. Whether your claim was denied, your employer disputes your injury, or you face delays in receiving compensation, an experienced attorney can guide you through the process and fight for a fair outcome.
Key Points From This Article
- Workers’ comp lawyers can help if your claim is denied or your employer disputes your injury.
- An attorney can assist in appealing low settlement offers or delays in processing your claim.
- If you are permanently disabled or unable to return to work, a lawyer can help secure additional benefits.
- Filing for Social Security Disability Insurance (SSDI) alongside workers’ comp requires careful coordination to avoid benefit reductions.
- Consulting a lawyer early in the process ensures your rights are protected and your case is handled effectively.
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When Our Workers’ Compensation Lawyers Can Help
Due to the complexities involved with workers’ compensation cases, if you have been injured on the job in Winston-Salem, Greensboro, Lexington, Salisbury, or anywhere in North Carolina, it is critical that you contact one of our experienced workers’ compensation attorneys as soon as possible.
When determining the right time to hire a workers’ comp lawyer, you must first understand your circumstances. The time might be right for you to call one of our lawyers if:
Your claim was denied.
Insurers often deny workers’ compensation claims for various reasons, such as insufficient documentation or disputes over the injury’s severity. A denied claim can leave you without the financial support you need to recover, creating stress and potential hardship. A workers’ comp lawyer can review your case, gather necessary evidence, and appeal the denial to fight for the benefits you may deserve.
Your employer disputes the injury.
If your employer claims your injury isn’t work-related, they may argue it happened outside the workplace or due to pre-existing conditions. This dispute can create significant delays and may jeopardize your ability to secure benefits. A lawyer can collect medical records, witness statements, and other evidence to prove the injury is directly related to your job and ensure your claim moves forward.
A third party was responsible for your injuries.
If a third party, such as a contractor, equipment manufacturer, or another entity outside your employer, caused your workplace injury, your workers’ comp claim may become more complex. While workers’ compensation typically covers injuries regardless of fault, pursuing a claim against a third party could involve additional legal steps, including filing a personal injury lawsuit.
A workers’ comp lawyer can investigate the incident, identify liable parties, and manage your third-party claim alongside your workers’ compensation case to ensure you receive the full compensation you may deserve.
There’s disagreement about your medical treatment.
Sometimes, workers’ comp insurers dispute the necessity or extent of the medical treatment your doctor recommends. These disagreements can delay your recovery and reduce the compensation you may receive. A workers’ comp attorney can advocate for your right to appropriate medical care by presenting evidence and working with medical experts to support your claim.
You face employer retaliation.
Employer retaliation, such as termination, demotion, or reduced hours after filing a workers’ comp claim, is illegal but not uncommon. Such actions can create financial and emotional stress while discouraging you from pursuing your rightful benefits. An attorney can protect your rights, hold your employer accountable for their actions, and help you secure the compensation and job protections you may be entitled to.
You have a workers’ comp hearing.
Workers’ comp hearings are formal proceedings where you must present evidence to support your claim. Without legal representation, you may struggle to navigate the hearing process or effectively argue your case.
The insurance company’s offer is too low.
Insurance companies often undervalue claims to save money, offering settlements that don’t fully cover medical bills, lost wages, or other damages. Accepting a low offer can leave you financially strained and unable to recover fully. A lawyer can assess the true value of your claim, negotiate with the insurer, and fight for a fair settlement that reflects your losses.
You suffered a permanent disability.
A permanent disability can affect your ability to work and require ongoing medical care, significantly impacting your quality of life. Without proper legal support, you may receive insufficient compensation to address these long-term challenges.
You plan to file for disability benefits.
Filing for Social Security Disability Insurance (SSDI) alongside workers’ compensation can be tricky, as benefits from one program may reduce the other. Without proper planning, you could receive less financial support than expected. An attorney can coordinate your claims, ensuring that both workers’ comp and SSDI benefits work together to provide the maximum possible compensation.
You cannot return to your previous job.
If your injuries prevent you from resuming your former job, you may face significant financial uncertainty. Without legal help, you could miss out on compensation for lost earning capacity.
Your claim is delayed.
Delays in workers’ comp claims can leave you without the financial support you need for medical bills and living expenses. Employers or insurers may drag their feet to avoid payouts, adding to your stress. A lawyer can push for timely action, ensuring your claim is processed efficiently and you receive benefits as soon as possible.
You have a pre-existing condition.
Insurance companies often use pre-existing conditions to deny or reduce workers’ comp claims, arguing your injury is unrelated to your job. This tactic can make it challenging to secure benefits without strong evidence. A lawyer can prove the workplace connection to your injury and counter the insurer’s arguments, strengthening your case.
Your settlement doesn’t cover your expenses.
If the settlement offered doesn’t fully cover your medical bills, lost wages, or other damages, you could face financial difficulties. Accepting a low settlement may mean shouldering long-term costs on your own. A lawyer can review your settlement offer, identify gaps, and negotiate for a fair amount that adequately addresses your needs.
Frequently Asked Workers’ Comp Questions
How Can Lewis & Keller’s Workers’ Compensation Department Help?
Our workers’ compensation team includes a board-certified WC specialist, offering the experience needed to navigate the legal complexities of workers’ comp cases. Whether it’s appealing a denied claim, negotiating a settlement, or representing you in a hearing, we are dedicated to fighting for the benefits you may deserve.
Is It Too Late To Get a Workers’ Comp Lawyer?
It’s not too late to consult a workers’ comp lawyer if your claim is still within the filing deadline, but acting quickly is critical. North Carolina has specific time limits for filing a workers’ compensation claim, and delays can jeopardize your rights. In general, your employer must be notified within 30 days of the accident or the diagnosis of illness, and a claim must be filed within 2 years. By contacting an attorney as soon as possible, you can ensure your claim is filed on time, avoid potential complications, and strengthen your case for securing benefits.
How Much Does a Workers’ Comp Lawyer Cost?
At Lewis & Keller, we operate on a contingency fee basis, meaning you don’t pay upfront costs. Instead, our fee is a percentage of the compensation we recover for you. This structure ensures that quality legal representation is accessible without adding financial strain during a challenging time.
Let Us Be Your Champion
To successfully file for workers’ compensation, you need to have relevant evidence and sound legal arguments that support your claim and be able to take on negotiations with the insurance company effectively. For these reasons, we recommend working with one of our knowledgeable workers’ comp lawyers who can take on this fight, help prepare your claim, and fight for justice on your behalf.
Don’t wait any longer. Contact our workers’ compensation attorneys to learn how we may be able to help through a free case review today.
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