Workers Compensation

Proudly Serving The Piedmont Area for Over 15 Years.

Were You Injured At Work?

Then You Are Entitled to Compensation

Unfortunately, many employers will do whatever it takes to dispute your workman’s comp claims. They’re willing to hang you out to dry so their premiums don’t go up. Some employers may even accuse you of trying to fake your injuries just so they can save a few dollars…even if you’ve been serving them, faithfully, for years.

And insurance companies? They don’t want to pay you a dime if they can get away with it. As soon as you file a claim they begin looking for ways to minimize it or avoid it altogether. They don’t care that you’re in pain, that your life has been changed forever, or that you’ve got bills to pay. They’re looking at the bottom line.

Don’t stand for it. For your sake, and for your family’s sake, take a few moments to read this page in order to gain a better understanding of workman’s comp, and your rights. Then, call Scott Galiger Law. You’ll get the personalized attention of an experienced injury, disability, and workers compensation lawyer. He’ll even come to your home or hospital to give you the support you need.

Worker’s Comp Settlements

It usually takes 30 to 60 days to settle worker’s compensation from when you have reached a settlement agreement to the time you are paid compensation by the insurance company. The timeline, however, can be affected by a number of factors, especially how the insurance company decides to pay you the settlement money. The insurance company is responsible to pay you the settlement money 20 days from the approval of the settlement.

You will be offered settlement in case you are injured as a result of work. Worker’s compensation is purely voluntary and any of the two parties can disagree with the settlement process and amount. It is important to take note of the following things when you are discussing settlement claim:

  • Permanent Partial Disability
  • Temporary Total Disability
  • Unpaid Medical Bills

These are the worker’s compensation benefits you are entitled to and the insurance company is legally bound to give you compensation for these.

The amount you get in worker’s compensation depends on how much you were earning before the injury. As a general rule, you are entitled to be paid 2/3 of the average weekly wage you were earning before injury. In North Carolina, there is an limit on the weekly compensation rate and it affects the workers that were on a high wage before getting injured. The maximum weekly wage rate for worker’s compensation for the year 2017 in North Carolina is $1,043 per week.

To get a worker’s compensation, you should immediately report your injury to your employer. If it was developed over time, report the condition to your supervisor as soon as you find it out. If you are in need of emergency treatment, get it right away. Your employer might guide you where to go for the treatment. Tell the health care service provider that the injury is work related. Next, fill out the claims form and give it to your employer to start the process of worker’s compensation settlement.

In addition to the physical injuries, you can also sue worker’s compensation for pain and suffering. This comes under the non-worker’s compensation claims and it is filed against third parties which are non-employer. The amount of compensation you get for pain and suffering can be many times the damage you have incurred actually, especially if you are able to prove egregiously bad behavior on the part of your employer.

You can get the claim forms from your employer, fill it and submit it. The responsibility of submitting the paperwork then rests on the employer’s shoulders. On the other hand, you can also file the claim in one of the following ways:

  • By mail
  • Online
  • By fax
  • In person at the VWC office near you

You can file the claim within two years of your work-related injury. Some injuries and illnesses have a separate filing deadline such as asbestosis.

From filing the necessary paperwork to meeting all deadlines, your worker’s compensation attorney will deal with the case as per the severity of your condition. They will help you estimate the worth of your case and will help in evaluating the settlement offers much more accurately than you and the people you know can. They will represent you in court and will do all the necessary legal work on your behalf, until you are given what you legally deserve.

Worker’s Comp Claims

A worker’s compensation claim is a claim made against the worker’s insurance policy which is mandatory for all the employers of the company to purchase. It does not matter what was the cause of the injury: an unavoidable accident, your own negligence, negligence of a third party, a co-worker’s mistake or the of OSHA safety rules on the behalf of your employer. Simply, it is an insurance claim to seek benefits for an occupational disease or a work-related injury.

An injury at the workplace qualifies as a worker’s compensation claim if the following statements are true:

  • The injured worker is an employee at a business
  • The employer offers worker’s compensation insurance
  • The injury was as a result of one of the job-related duties

In addition to the physical injuries, you can also sue worker’s compensation for pain and suffering. This comes under the non-worker’s compensation claims and it is filed against third parties which are non-employer. The amount of compensation you get for pain and suffering can be many times the damage you have incurred actually, especially if you are able to prove egregiously bad behavior on the part of your employer.

To get a worker’s compensation, you should immediately report your injury to your employer. If it was developed over time, report the condition to your supervisor as soon as you find it out. If you are in need of emergency treatment, get it right away. Your employer might guide you where to go for the treatment. Tell the health care service provider that the injury is work related. Next, fill out the claims form and give it to your employer to start the process of worker’s compensation settlement.

Worker’s Comp Benefits

If your work-related injury claim is compensable by your employer, they are responsible to provide you medical treatment and cover your medical treatment expenses through a carrier. The medical benefits include but are not limited to the following

  • Reimbursement of mileage for travelling to and from the doctor
  • Providing for an authorized doctor and specialist if needed and medically necessary
  • Providing for necessary medical care and treatment related to the injury including for:
    • Doctor’s visits
    • Physical therapy
    • Hospitalization
    • Medical tests
    • Prostheses
    • Prescription medications

It is illegal for an employer to fire an employee just in retaliation to reporting a workplace injury or filing for a worker’s compensation claim. However, being on worker’s compensation does not protect you from being laid off or fired if the employer is laying off a number of people or was planning to fire you because of your lack of performance prior to getting injured. Thus, if you are laid off, you need to find the reason you are laid off and then take the necessary course of action if it seems suitable.

A worker’s compensation claim is a claim made against the worker’s insurance policy which is mandatory for all the employers of the company to purchase. It does not matter what was the cause of the injury: an unavoidable accident, your own negligence, negligence of a third party, a co-worker’s mistake or the of OSHA safety rules on the behalf of your employer. Simply, it is an insurance claim to seek benefits for an occupational disease or a work-related injury.

Your employer will pay for your treatment and medical expenditures to the health care provider directly. There is no need for the employee to pay deductibles or co-payments. If you remain off duty due to the seriousness of your injury, you will be paid for the off days, as is decided between both parties, in the same way as was done previously before injury.

Worker’s compensation policy covers injuries suffered as a result of an accident at the workplace during the course of employment. The following are the common types of injuries covered under worker’s compensation.

  • Amputation and loss of limb
  • Bone fractures
  • Back injuries
  • Burns
  • Brain injuries
  • Nerve injuries
  • Disfigurement
  • Eye injuries
  • Carpal Tunnel Syndrome
  • Head injuries
  • Foot injuries
  • Neck injuries
  • Paralysis
  • Heart disease
  • Lung disease
  • Stroke
  • Heart attacks
  • MRSA infections
  • Ligament injuries
  • Scars
  • Hearing loss
  • Spine injuries
  • Tendon injuries
  • Hypertension
  • And many more

 

Following are the benefits covered under the workman’s compensation.

  • Payment of medical expenses
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Vocational retraining costs
  • Reimbursement for mileage that you spend on the visits to the doctor, to buy medications, meet with a counselor or to attend physical therapy
  • Permanent partial disability benefits
  • Permanent total disability benefits
  • Death benefits in case of the death of a worker to be given to the surviving family members
  • Payment of the funeral expenses in case of the death of a worker

Work Injury

If the back injury is not your own fault, you can file for a worker’s compensation claim. It includes but are not limited to the injuries from the following:

  • Moving and lifting heavy objects
  • Falls or slips trips
  • Falling down from a height
  • A workplace or office item landing on you from a certain height and injuring you

You are entitled to be compensated for your back injury caused at the workplace by your employer.

If you are injured on the job, the first thing to do is to notify your supervisor about the injury and how it occurred. Seek immediate medical attention and then contact a worker’s compensation attorney. Later, once you are done with seeking the medical attention you needed, you will then have to file for worker’s compensation through paperwork. File your compensation claim and give it to the employer to pass it on to the insurance company or send it to the insurance company yourself.

It usually takes 30 to 60 days to settle worker’s compensation from when you have reached a settlement agreement to the time you are paid compensation by the insurance company. The timeline, however, can be affected by a number of factors, especially how the insurance company decides to pay you the settlement money. The insurance company is responsible to pay you the settlement money 20 days from the approval of the settlement.

Hernias that occur due to a task at the workplace are covered under worker’s compensation. Since hernias often require surgery to be healed completely, the expenses for the medical treatment and the surgery are also covered under the worker’s compensation. The subsequent days off from work are also covered. To get the benefits, you need to notify your employer within 30 days of the injury or you may be denied these benefits.

Your employer is responsible for paying you the worker’s benefits claims. If the company has taken the services of an insurance company to pay you the benefits, the insurance company will pay for them on the behalf of the company. Some employers are also self-insured and pay their claims themselves. You cannot be charged for premiums by your employer or insurance carrier.

You are entitled to get compensation and benefits for back injuries at work. The benefits cover the cost of medical treatment, as well as the therapy. You also do not need to pay for the transportation costs, the cost of medications and the lost wages as a result of your back injury at work. All of these are covered. The total compensation for back injury depends on the kind of injury and the treatment that needs to be done for it.

If you are hurt while at work or contract an occupational illness as a result of working is specific conditions, you are entitled to receiving worker’s compensation. It is important to note that you will ONLY be entitled to compensation if you are hurt at work doing something that is a part of your job or a part of the overall work environment. You need to immediately inform your supervisor of the injury, seek medical help and then file the necessary paperwork to get a settlement.

When it comes to lower back injuries, there are no fixed settlement amounts. The amount differs for each kind of injury and the resultant treatment and medical expenditures. If, however, you have suffered a serious injury in the lower back, you will be entitled to get both pain and suffering, as well as the lost wages if you are unable to earn as much as you did before the injury occurred. The severity and the permanence of the injury are some of the deciding factors when it comes to settlement amount for lower back injury.

You can sustain a back injury at work due to one of the following reasons:

  • Lifting and carrying items;
  • Kneeling or crawling;
  • Pushing and pulling machinery or carts;
  • Driving a motor vehicle
  • Stocking or shelving products;
  • Twisting;
  • Sweeping;
  • Digging;
  • Operating heavy machinery;
  • Squatting;or
  • Bending to pick things off the floor

You can apply for worker’s compensation claim for the back injuries which can help you get medical and financial benefits you are entitled to under the worker’s compensation law. To know the exact amount you are entitled to as a result of your back injury, you need to discuss your condition and injury with a worker’ compensation attorney.

When it comes to back injuries, there are no fixed settlement amounts. The amount differs for each kind of injury and the resultant treatment and medical expenditures. If, however, you have suffered a serious injury in the neck, spine or back, you will be entitled to get both pain and suffering, as well as the lost wages if you are unable to earn as much as you did before the injury occurred. The severity and the permanence of the injury are some of the deciding factors when it comes to settlement amount for back injury.

Common lower back injuries sustained at work include but are not limited to:

  • Lower back strains
  • Fractured vertebrae
  • Herniated, bulging or slipped discs
  • Pinched nerves
  • Damage to the spinal cord

if you have suffered from one of the above or any other lower back injury as a result of your workplace, work environment, or the nature of job you have, you are entitled to receive benefits and the employer is responsible for paying for all the medical expenses incurred due it the lower back injury.

If you have been diagnosed with a shoulder injury at work or have been experiencing shoulder pain as a result of the kind of job you have or from an accident at work, you are entitled to receive compensation for it under the worker’s compensation law. All your medical expenses, including medication and treatment will be paid for by the employer and you may also qualify for income benefits in case you are unable to return to work immediately. To find more about the possibilities, you need to consult a worker’s compensation attorney in North Carolina to help you out.

Rotator cuff surgery is a minimally invasive procedure which takes less than an hour to be done. However, the time duration depends on the severity of the injury to the shoulder. You will continue to gain strength from 3-6 months after the surgery. Most doctors recommend not to get back to work at least for 6 months after you have had a shoulder cuff surgery. If you are planning to have a shoulder cuff surgery, you should get in touch with a worker’s compensation attorney as a rotator cuff surgery, if the injury was incurred at work, is covered under the worker’s compensation.

In most of the cases, a rotator cuff surgery is done as outpatient. However, it depends on the kind of injury you have sustained on your rotator cuff. Your doctor will decide whether or not you need to stay at the hospital or not. If you have suffered a rotator cuff injury at work, you are entitled to receive worker’s compensation for it.

Permanent partial disability means the presence of a permanent impairment or an occupational disease that makes a person unable to perform their work at their full capacity. The most common type of permanent partial disability is back injuries which are commonly sustained at workplaces. Compensation for each kind of permanent partial disability is different. Consult an attorney to get help for your permanent partial disability.

Permanent disability is the lasting disability that affects the ability of a person to earn a living. If you have suffered a permanent disability as a result of your job responsibilities or work environment, you are entitled to receive worker’s compensation benefits, even if after some time you are able to get back to work. It is important to know the benefits you can get if you have sustained a permanent disability through a worker’s compensation attorney.

You can opt for a permanent partial disability settlement in one of the following ways:

If You Intend Not to Return to Work: The best possible settlement in this case is to get pension rather than a permanent partial disability claim

If You Intend to Return to Work: A permanent partial disability settlement is for the ones who intend to return to work and the amount of settlement depends on the seriousness of the injury and the date of the injury.

The compensation for a knee injury depends on the severity of the injury, the kind of treatment needed for it and the time you will have to stay off work. If you have sustained a knee injury at work, you need to seek medical attention immediately after informing your supervisor. Get in touch with a worker’s compensation attorney to know more about the compensation you are entitled to after you discuss all the details with them.

To calculate the compensation benefit for a week, sum total the pay you have earned for the past 52 weeks prior to your injury and then divide this by 52. The result is the average weekly pay you were earning before injury. Now multiply your weekly earnings with 66.66%. The resulting amount is the initial wage compensation amount. You can also calculate your benefits the same way or get help from a professional attorney.

How much you get from worker’s compensation depends on the seriousness of your injury and the treatment for it. It also depends on how much you were earning before you got injured, as the wage compensation is decided this way. Your worker’s compensation will cover all the medical expenses incurred for treatment including surgical procedures, medicines, therapy etc.You are also entitled to be paid the transportation costs you incur for reaching the medical facility for treatment or consultation.

Employees are covered under the worker’s compensation if they injure their knee at work. They are also entitled to be paid for their medical expenses by the employee in case they suffer from torn meniscus, strain, sprain, of ACL. If you suffer any of these injuries, inform your supervisor immediately and then seek medical attention. Also contact a worker’s compensation attorney to help you with paperwork.

In North Carolina, worker’s compensation cannot last for more than 500 weeks. This is however, except for the compensation that is paid to the workers who have incurred permanent disability, total incapacity and death. To know more about the limits for worker’s compensation in North Carolina, get in touch with our expert attorneys.

A worker’s compensation settlement is a private agreement between both the employee and the employer where one party agrees to let go of the legal proceedings in exchange of money. In case of worker’s compensation settlement, the injured worker agrees to close their case and release the carrier from paying weekly benefits by getting a one-time lump sum amount. This amount usually includes money for ongoing medical expenditures and the on-going benefits.

Depending on the extent of the injury, the medical treatment and expenses, you can get the settlement amount. It is advised to consult an expert attorney before you go on and make a final settlement as you want to make sure you do not end up getting a lesser amount or benefits in case of a settlement that you could have got if you chose for a weekly compensation.

A permanent impairment rating is a medical impairment rating that gives your level of impairment a rating from 1-100. This allows the employer and the insurer to understand the severity of the injury and how much affect the impairment will have on the work of the employee. This rating determines how long will a person remain on compensation and can get benefits and when should they be expected to return to work.

Call Scott Galiger Law now.

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