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March 16, 2021
Clarke Speaks

What Are My Rights If I Get Hurt on the Job in Wilmington, NC?

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When you get hurt on the job, there's no doubt that it's a scary time. You're not sure what's going to happen next. You may be afraid of losing your job. You might be looking at mounting medical bills and not have any idea how you're going to pay them. In North Carolina, workers' compensation exists to cover your injuries and losses when you get hurt in a workplace accident.

If you are wondering what your rights are after suffering an on-the-job injury in Wilmington, NC, we’ve broken down exactly what you need to know in this blog. Continue reading to learn more.

Your Rights Under North Carolina Workers' Compensation Laws

a man experiencing an on-the-job injury at a Wilmington, NC, construction siteThe first thing to understand is that when you get hurt at work, it doesn't matter who was at fault for the accident, you still have the right to pursue compensation. This is because workers' compensation is what's known as no-fault coverage. Your employer is required to carry insurance to cover you. So, if you get hurt at work in North Carolina and your injuries prevent you from working, you have the right to financial benefits. Still, receiving benefits can be tricky. At Speaks Law Firm, we help injured workers get the benefits they need every day. We can help you, too.

Exceptions to North Carolina Workers’ Comp Laws

There are a few exceptions to the no-fault coverage rules. In North Carolina, your accident must have been unexpected and unintended. That means it needs to have been part of something that doesn't regularly happen on the job. If your job, for example, requires constant heavy lifting, and you get hurt while lifting something you lift every day, you might not be able to receive compensation. If, on the other hand, you slip and fall on a slick floor, you could potentially be eligible for workers’ comp benefits.

This can also mean that if you suffer a repetitive motion injury like carpal tunnel syndrome, you might not be eligible for workers' compensation benefits. You will need to be able to prove that the injury wasn't something that resulted from your normal routine. This can require evidence to separate the cause from your usual work. Our experienced workers’ comp attorneys can help you obtain sufficient evidence for the strongest claim possible while you focus on recovering.

Can I Sue My Employer?

a woman hiring a workers’ comp lawyer after an on-the-job injuryIn most cases, you can't sue your employer. By accepting a job that offers workers' compensation coverage, you are giving up your right to sue your employer. Again, there are exceptions to this rule, but you need to be able to prove that your employer displayed carelessness or recklessness to be able to sue. That can be very difficult to do without an experienced lawyer on your side. If, however, you feel like your employer was that careless or reckless, and their poor choices led to your injury, you’ll want to speak with our experienced attorneys right away to discuss your options and the next best steps.

Speaks Law Firm Is Here to Speak for You

If you get hurt on the job in Wilmington, NC, and you're denied workers' compensation, don't lose hope. You do have rights, and we’re the team that can help you fight for them. You don't even have to wait until you're denied. You can contact our workplace injury lawyers at Speaks Law Firm for a free case review. We represent good people through tough times. We're the work injury lawyers you can trust to fight for your rights and help you seek the benefits you need. Call us at 910-341-7570 or fill out our online form today and let us speak for you.

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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