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June 21, 2022
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What Are My Rights Under Workers’ Compensation in Wilmington, North Carolina?

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Everyone who works in Wilmington, North Carolina, has rights. State laws attempt to ensure that you can go to work and come home unharmed at the end of the day. Unfortunately, accidents can still happen, and when they do, you must know your rights to understand how to proceed.

As an injured employee, you may face medical bills, emotional trauma, loss of income, and other damages that constitute entitlement to compensation. Understanding your rights and seeking help from workers’ compensation lawyers can help you build your case to receive appropriate compensation to begin your road to recovery. Below, we will discuss North Carolina laws surrounding workers’ comp claims for injured workers.

What Is North Carolina’s Workers’ Compensation Act?

The North Carolina’s Workers’ Compensation Act states that if an employee gets hurt on the job, they can receive financial compensation for any injuries that prevent them from returning to work. To receive your entitled compensation, your employer must have workers’ compensation insurance, which the state requires of most employers.

It is important to note that The North Carolina Workers’ Compensation Act operates on a no-fault basis, meaning that an injured individual is covered regardless of where the blame lies for the incident in question. Of course, there are some exceptions, such as if an individual knowingly and purposely ignores safety rules, but these cases are quite rare.

Common Workplace Injuries

The following injuries and illnesses typically constitute a workers’ comp claim if a workplace accident directly caused it:

  • Severe cuts and bruising
  • Internal bleeding
  • Broken or fractured bones
  • Ligament sprains
  • Burns
  • Hazardous exposures
  • Eye injuries

Note that mental injuries can also constitute a claim, though this might be more challenging to prove.

A Workers’ Comp Lawyer Explains Your Rights

If you get hurt at work in Wilmington, North Carolina, you have the right to receive financial compensation for:

  • Medical costs
  • Lost wages
  • Vocational rehabilitation to help you find a new job

When you file a workers’ comp claim, your employer has the right to select your medical providers.

If your employer’s insurance company denies the claim, you may file NCIC Form 33 to request a formal hearing. During this hearing, your workers’ compensation attorney can defend your case by providing additional evidence that supports how the accident happened and the extent of your injuries.

North Carolina Workers’ Comp Law Exceptions

Filing a workers’ comp claim is not always straightforward. You may run into a few law exceptions or complications, including the following scenarios:

  • Adhering to the accident definition: North Carolina only considers workplace accidents to be incidents that occur outside of the normal job descriptions. For example, if you injure your back from lifting heavy boxes that your job requires, you may not be able to file a claim. If you slip on a wet floor while carrying the box, you may have a better chance of receiving compensation.
  • Proving injuries: Medical professionals cannot always tie an injury back to a specific accident. You must verify that a particular incident directly led to your injury. People often struggle to prove that a work incident caused back problems or carpal tunnel since these ailments can come from long-term damage.
  • Claiming an injury while intoxicated: If you were under the influence of drugs or alcohol during the incident, you would not be able to create a successful claim.
  • Statute of limitations: You must file a claim within two years of the accident and notify your employer within 30 days.

How Can a Workers’ Compensation Attorney Help?

Given the legal exceptions listed above, you can see that proving a workplace accident and receiving compensation can be challenging. Workers’ compensation lawyers have experience collecting evidence, determining injury causation, proving accidents, communicating with insurance companies, and defending your rights in court.

How Can I Find Workers’ Comp Lawyers Near Me? Call Speaks Law Firm Today!

If you got hurt on the job and started your search for workers’ compensation lawyers, skip the stress and let Speaks Law Firm speak for you.

At Speaks Law Firm, we aim to defend your rights so that you can receive maximum compensation for your injuries. We understand that tragic accidents are emotional, and we want to help you fight for the compensation you need to recover.

If you need help with your workers’ comp case, call Speaks Law Firm in Wilmington, North Carolina, at (910) 341-7570, or fill out our online form for a free consultation. We won’t charge any fees unless we help you recover compensation from your case.

Copyright © 2024. Speaks Law Firm. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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