Charlotte NC Workmans Comp Lawyer
If you are injured on the job, you may be entitled to Workers’ Compensation benefits. State law requires all employers with 3 or more employees to provide these benefits for employees who are injured or killed as a result of an accident that arises out of and within the course and scope of their employment. In addition, benefits are available to workers who are suffering from certain occupational diseases, such as byssinosis or “brown lung” disease.
If you qualify for workers’ compensation benefits, your employer, or your employer’s workers’ compensation insurance, will pay for the cost of treating your injury. If you are out of work for an extended period of time as a result of your injury, you are entitled to wage compensation (2/3 of your average weekly wage). In cases where a worker suffers the loss of, or permanent impairment to, a body part, the worker is entitled to additional compensation. In cases where a worker is totally disabled as a result of an injury, the worker is entitled to wage compensation for the so long as that total disability continues. If a worker is killed as a result of an on the job accident, benefits are paid to the worker’s family.
In many cases, especially those involving minor injuries, the employer or the insurance company will provide the medical treatment and other benefits without disputing the claim. In other cases, especially those involving more serious injuries, the employer or insurance company may dispute whether or not the injury was the result of an accident, whether it arose out of the employment, whether it occurred during the course of or within the scope of the employment, whether or not there is a permanent disability and how long that disability continues or any number of other aspects of the claim.
If you are injured as a result of another person’s negligence other than your employer’s, you may also have a “third party” claim against that person in addition to a workers’ compensation claim. A common example of this type of situation is a person whose job requires them to drive who is injured in a car accident that is someone else’s fault. “Third party” claims can also arise when a person’s job requires them to go on the third party’s property and they are injured. Under the “third party” claim, the injured worker is entitled to be reimbursed for the cost of treatment, for lost wages, and for pain and suffering (which is not included in a workers’ compensation claim). While your employer or the workers’ compensation insurance company will be entitled to be reimbursed for the payments they made for medical treatment and wage loss from the settlement with the third party, because “third party” claims cover items not included in the workers compensation claim, i.e. pain and suffering and 100% of wage loss, these claims are usually worth pursuing. In fact, if you have a “third party” claim and don’t pursue it within a specified period of time, your employer or the insurance company can pursue that claim on their own in order to obtain reimbursement.
In cases of minor injuries where there is no dispute about entitlement or benefits, getting an attorney may not be necessary, but it is still a good idea to contact an attorney to find out what your rights are. Because disputed claims involve both factual and legal issues, serious consideration should be given to obtaining legal representation if a dispute arises in regard to your claim. In cases involving “third party” claims, legal counsel can be helpful not only in negotiating a settlement with the third party, but in negotiating a settlement of your employer’s or the workers’ compensation insurer’s reimbursement claim.
If you or a loved one has suffered a work related injury, call Richard A. Peniston & Associates, P.A. now at 704-385-7638 or Contact Us. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but your claim must be filed before the statute of limitations expires.