Work-related injuries are frustrating, to say the least, and potentially devastating. If you were injured or became ill within the scope of employment, you may be entitled to North Carolina workers’ compensation benefits. North Carolina Workers’ Compensation Laws The North Carolina Workers’ Compensation Act (“The Act”) provides remedies for workers who are injured on the job, including necessary medical treatment, and wage replacement for disabled employees. This compensation covers only economic losses and does not cover pain and suffering for the injury. Under the North Carolina Workers’ Compensation Act, all businesses that employ three or more employees must carry workers’ compensation insurance. This includes businesses operating as sole proprietorships, LLCs, partnerships, or corporations. Workers’ Compensation Statutes of Limitation in North Carolina In the workers’ compensation setting, the statute of limitations is the amount of time from the initial date of accident or diagnosis that an employee has to initiate a workers’ compensation claim. If an employee fails to report their injury or diagnosis before the workers’ compensation statute of limitations expires, the case will automatically be dismissed. The initial statute of limitations contained in The Act requires the injured worker to give written notice of the injury to his or her employer within 30 days of the accident unless they have a reasonable excuse for their failure to do so. An example of a reasonable excuse for failing to provide written notice would be if the employer or a representative of the employer witnessed, or had reason to know of the accident. Another would be if the employer provided initial medical treatment to the injured worker. A second, more significant Statute of Limitation requires the injured worker to file and claim for compensation within two years of the date of the initial accident or diagnosis, in the case of occupational diseases. In North Carolina, it is important for injured workers to file a claim for benefits as soon as possible. Timely action means that medical reports and evidence of the injury are easier to obtain. Further, in cases in which monetary compensation is owed, the timely filing of a claim will more readily ensure that the employer and the workers’ compensation carrier perform their duties to the injured worker. Who Can File a Workers’ Compensation Claim? When a North Carolina employee is injured on the job or develops an occupational illness, they are generally eligible for workers’ compensation benefits. The two-year statute of limitations begins from the initial date of accident or, in the case of occupational diseases, when a qualified medical expert diagnoses the employee and relates the disease or condition to their occupation. How to File a North Carolina Workers’ Compensation Claim The first step in the workers’ compensation claim process is to notify your employer of the injury. It is important to do this within 30 days of the injury. Notification should be provided via written notice, but can be verbal if giving written notice is not feasible. As an employee, you should then file a Form 18 Notice of Accident to Employer and Claim of Employee with the North Carolina Industrial Commission, which serves as an official claim filing. As noted above, an injured employee has two years to submit this form. Can a Workers’ Compensation Attorney Help? The claim process can become complicated because you are likely dealing with the employer, insurance company, and healthcare providers to receive fair compensation. It is important to take into consideration the extent of your injuries, including future medical needs and the impact of your injury on future wages and earning potential. The experienced, board-certified workers’ compensation attorneys at Mehta McConnell Law have over 30 years of combined legal expertise. We understand the intricacies of North Carolina workers’ compensation law and can help you get the relief you deserve for your injuries. Our team can assist you in determining fair compensation and negotiate a settlement that makes sense, with the option to litigate if necessary. Contact us today for your free consultation.Keep Reading
Mehta & McConnell Injury Lawyers Extraordinary Legal Help for Workers In Need
We understand that hiring an attorney is the last thing you want to think about. That’s why you should hire a firm that has the knowledge, dedication, and experience to deliver you the results that you deserve.
When you hire Mehta & McConnell, you will be working directly with North Carolina State Bar board-certified workers’ compensation attorneys. Our team of attorneys has over 30 years of combined legal experience handling complex and simple cases.
We were both defense attorneys so we know how insurance companies think and evaluate claims. Knowing how our opponent plays the game gives us a level playing field and helps us achieve the results our clients need and deserve.
If you are dealing with a workplace injury, lost wages, or any other work related legal and financial problem, schedule a free, non-commitment consultation with an attorney that specializes in workers’ compensation.
- Always here for his client“Mr. Mehta was very professional He helped my mom from step one all the way to the finish line He had interpreters to help translate when I wasn’t able to help. He was kind and gets the job done He is here for his clients one hundred percent until the end”- Luz via Avvo
- Really went to bat for me..."Viral did a great job handling my case and really went to bat for me. If I ever need an attorney again I won't hesitate to contact him.”- Sebastian McShane via Google
- He Will fight for you...“He Will fight for you like a mama bear defending her cubs!”- Stefan James via Google
$95,000 settlementRight shoulder injury to warehouse forklift driver
$90,000 settlementLeft knee injury to construction worker
How Can We Help You?
If you were injured at work, we can help you with all aspects of your North Carolina workers’ compensation claim. We will fight so you receive all of the medical treatment and lost wages you are entitled to under the law
If you are out of work due to your work injury, you are entitled to receive workers’ compensation benefits for your lost wages. Our attorneys can help you prove your claim for disability compensation.
Workers’ Compensation for Undocumented Workers
Undocumented workers have the same rights to North Carolina workers’ compensation benefits as any other injured worker. Undocumented workers have full rights to receive benefits for lost wages and medical treatment.
Warehouse and Factory Accidents
Workers in warehouses and factories have to operate heavy machinery and work in crowded environments, increasing their risk of injury. We have represented workers you have been involved in a wide variety of warehouse and factory accidents. Let us help you in your claim!
Meet The Attorneys
Over 30 years of combined experience. Focusing on Workers’ Compensation litigation in North Carolina.
- How should I respond when the insurance company wants to take my recorded statement? The insurance company is probably thinking about denying your case if they have asked to take your recorded statement. The insurance adjuster will try to get you to make statements that weaken your claim. You should always contact an experienced workers’ compensation attorney before giving a recorded statement.
- How much should I receive in weekly lost wages? If you are out of work due to your work injury, you should receive tax-free benefits in the amount of ⅔ of your pre-injury average weekly wage. The North Carolina Workers’ Compensation Act contains a weekly maximum and minimum of disability benefits. If you are back at work but making less than you did prior to your injury, then you are entitled to receive ⅔ of the difference in wages.
- What should I do if my case was denied? You should immediately contact an experienced workers’ compensation attorney. Our North Carolina board-certified workers’ compensation attorneys can help you fight the denial of your case. We will try to resolve the dispute with the insurance company, but we are also prepared to take your case to a hearing if necessary.
- When should I consider hiring an attorney? Hiring an attorney early in your claim will likely maximize your recovery. Even if the insurance company is paying for your treatment and lost wages, disputes may arise later in your case. At that point, it may be too late for an attorney to preserve your right to workers’ compensation benefits.
- How are workers’ compensation attorneys paid? Workers’ compensation attorneys are paid on a contingency basis, meaning we don’t get paid unless you do. North Carolina workers’ compensation attorney fees are generally 25% of the amount your attorney recovers for an injured worker.
Workplace injuries can happen anywhere. Even in an office, injuries can occur. With that said, some workplaces are more dangerous than others. Working around heavy machinery is particularly dangerous. Heavy equipment accidents can cause severe injuries, more so than other types of accidents. This page will discuss a few of the most common causes of heavy machinery accidents, along with some best practice tips for workplace safety around heavy equipment. Common Causes of Heavy Machinery Accidents The most common causes of heavy equipment accidents at work correspond with the most common causes of all workplace accidents. According to the National Safety Council (NSC), the three most common causes of workplace injury in the United States are: Overexertion and bodily reaction; Falls, slips, and trips; and Contact with objects or equipment. According to the NSC’s research, these three accident causes account for 84% of all nonfatal injuries in the workplace each year that cause employees to miss at least one day of work. Overexertion and Bodily Reaction Overexerting yourself while working with heavy equipment can easily cause an injury. Working with heavy equipment may include lifting parts of that machinery. If you overexert yourself in such a situation and drop a piece of machinery, you can easily injure yourself in many ways. Overexertion can also cause fatigue, which presents a clear danger when working with heavy machinery. If you are tired or drowsy while operating a piece of heavy machinery, it is easy to make a mistake. Operating heavy equipment improperly can easily cause malfunctions that can injure you. The same applies if you aren’t working directly with the machinery itself. For example, if you are a spotter for a crane, a fatigued crane operator could easily strike you with the object they are carrying. Slips, Trips, and Falls A slip and a fall around heavy equipment is just as dangerous as overexertion. You might slip on the ground while someone is operating heavy machinery close by. In such an event, you could fall into or under the equipment. If the equipment is in motion and you fall while it is coming in your direction, you could easily end up crushed. Even though it sounds relatively innocent in many situations, a slip and a fall while working around heavy equipment could easily cause a fatal injury. Contact with Objects and Equipment Contact with objects and equipment is likely the most common cause of heavy machinery injuries. For example, when working with heavy equipment that does any sort of sawing or cutting, physical contact with the wrong part of the machinery can cause serious injury instantly. These types of injuries can easily cause enough damage to make you miss work for a significant period of time. Best Practices for Avoiding Heavy Equipment Injury in the Workplace The best way to avoid any heavy equipment injury is a multifaceted approach. Be sure to observe your workplace’s safety policies at all times; Always use personal protective equipment (PPE) and ensure that your PPE is in proper working condition; Only operate or work around heavy equipment that you are properly trained to work with; and Maintain awareness of yourself and your surroundings at all times. If you are fatigued and unable to safely operate machinery, or your PPE isn’t working properly, tell your supervisor. Saying “I’m fine” when you aren’t is a potentially fatal mistake when you work with heavy machinery. What to Do If You Are in an Accident with Heavy Machinery Even if you follow all relevant safety protocols, there is always the risk of accidents. Heavy machinery is dangerous; there is no way around this fact. If you suffer an injury during an accident with heavy machinery, Contact Mehta & McConnell today. At Mehta & McConnell, our board-certified workers’ compensation attorneys have over 30 years of combined experience helping injured workers. Whether your case is relatively simple or very complex, we have the experience necessary to help you recover. If you suffer a workplace injury, you deserve compensation. Contact us online today for a free case review, or call us at 980-246-2495.Keep Reading
Workplace accidents happen every single day. Fortunately, North Carolina has workers’ compensation to help to struggle injured workers. Nonetheless, injured employees may not receive all the benefits they deserve, or workers’ comp may deny claims altogether in certain instances. If you suffer a workplace injury, a workers’ compensation attorney in North Carolina can help you. What Is Workers’ Comp in North Carolina? Workers’ compensation is a type of insurance that most employers are required to have for their employees. This insurance helps ease the financial burdens employees may experience after a workplace accident. While it may seem simple, sometimes claims are denied, and the road to receiving benefits is a complicated one. A North Carolina workers’ compensation attorney can help you seek the benefits you deserve. North Carolina Workers’ Compensation Laws Chapter 97, Article 1 of the General Statutes includes the North Carolina Workers’ Compensation Act. Among other details, this act requires employers with three or more employees to carry workers’ compensation insurance. There are certain exceptions to this rule, including: Employees of certain railroads; Casual employees; Domestic servants; Farm laborers, when the same employer employs fewer than ten full-time farm laborers; Federal government employees; and Sellers of agricultural products. Employers that fail to carry workers’ compensation insurance may face penalties, felony or misdemeanor charges, or even imprisonment. If you are unsure whether you are an employee covered by workers’ compensation insurance, do not hesitate to contact a North Carolina workers’ comp attorney. What Kinds of Injuries Does Workers’ Compensation Cover? Under the North Carolina Workers’ Compensation Act, a workplace injury must: Be the result of an accident; Occur due to your job function; and Happen during the course of your employment. Physical injuries that meet these requirements are likely to be compensable under workers’ compensation. Other types of workplace injuries, like illnesses and diseases, may also be covered. § 96-53 of the Workers’ Compensation Act covers all diseases and conditions that may be approved for workers’ comp coverage. What to Do Following a Work Injury What you do after a workplace accident can greatly affect your health and chances of recovering benefits under the North Carolina Workers’ Compensation Act. You should take the following steps to put your health first and preserve your right to workers’ compensation coverage. Seek Medical Attention Your health and safety should always come first. If your injuries are severe, be sure to call 911 right away. If your injuries are less serious, visit your primary care physician or an emergency room as soon as possible. Be sure to let your doctor know you are visiting as a result of a workplace accident. Gather Evidence If possible, collect any evidence you can. This may include photos and video and witness information. As time goes on, more information will become available, like medical records. Report the Accident Report the accident to your immediate manager or supervisor as soon as you are able to. By law, you have 30 days to report your accident, but the sooner, the better. Your employer will then have to fill out the appropriate paperwork and notify their insurance company. Consult with a North Carolina Workers’ Compensation Attorney Contact a workers’ comp attorney following a work accident. Your attorney will help ensure you are getting the appropriate benefits. If there are any bumps along the road, they will be there to help you correct any issues and get what you deserve. Causes of Workplace Accidents Workplace accidents can occur for many different reasons, depending on the industry you work in. Some of the typical causes of work accidents include: Slip and falls, Falls from heights, Falling equipment, and Equipment malfunction or failure. No matter the type of accident, if it occurred while you were acting within the scope of your employment, workers’ compensation will usually provide benefits. If you have any doubts, discuss your situation with a workers’ compensation attorney. Common Work Accident Injuries Injuries can vary depending on the type of accident. Some common workplace accident injuries include: Neck injuries, Back injuries, Head or brain injuries, Spinal cord injuries or paralysis, Burns, Broken bones, Loss of hearing or vision, or Loss of limb. Depending on the injury, you may need to take extended time off work or lose your ability to work altogether. Talk to a North Carolina workers’ compensation attorney to understand the benefits owed to you. Benefits Available Under Workers’ Compensation Depending on the severity of your injuries, there are certain benefits you may be entitled to under workers’ compensation. Generally, workers’ comp benefits include medical expenses and a portion of your lost wages. The amount of your wage benefits and how long they continue will depend on whether you have a Temporary partial disability (TPD); Temporary total disability (TTD); Permanent partial disability (PPD); or Permanent and total disability. If an employee’s accident results in a death, workers’ compensation will provide death benefits for the family. Can You Sue Your Employer After a Workplace Accident? In short, no, you cannot sue your employer. By providing employees with workers’ compensation insurance, employers are protecting themselves from lawsuits. Therefore, by getting workers’ comp benefits, you are forfeiting your right to sue your employer. While you are not allowed to sue your employer, you may be able to sue a third party. If a third party played a part in your work accident, you might have a claim against that party. If you believe you may have a right to file a lawsuit after your workplace accident, discuss your case with a workers’ compensation attorney. Consult with a North Carolina Workers’ Compensation Attorney Today In the best of cases, you can file for workers’ compensation benefits and receive every benefit owed to you. Still, your claim may be denied or you may not receive all benefits you’re entitled to. In any case, a North Carolina workers’ compensation attorney can be your best ally. Mehta & McConnell, PLLC, is a newly established firm run by two attorneys with over 30 years of combined...Keep Reading