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 injuries or illness often result in lost wages, mounting medical bills, and anxiety for you and your family. In North Carolina, suffering an injury on the job may entitle you to benefits and a portion of your wages through a workers’ compensation claim. However, North Carolina workers’ compensation law requires you to file your workers’ compensation claim to receive benefits. More importantly, you must understand the statute of limitations for workers’ compensation in North Carolina to avoid the dismissal of your claim. Consult with a qualified North Carolina workers’ compensation attorney to represent you through every step of your claim and ensure you receive the just compensation you deserve. What Is Workers’ Compensation? Workers’ compensation insurance helps protect employees from financial loss when they are hurt on the job or get sick due to a work-related issue. The North Carolina Workers’ Compensation Act provides that all businesses employing over three employees must carry workers’ compensation insurance. Workers’ compensation provides benefits to workers injured on the job and includes the following types of benefits: A portion of lost wages, Medical treatment, and Death benefits. Contact a workers’ compensation attorney to determine whether you qualify for workers’ compensation benefits. It’s important to note that North Carolina law provides special exemptions of coverage under the Act. These include the following types of employees: Employees not in the course of the trade, business, or profession of the employer, Employees of certain railroad companies, Household employees, Farm laborers working for someone with less than ten full-time laborers, and Federal employees. Employees are not responsible for paying workers’ compensation benefits. Additionally, employers may not escape the requirement of workers’ compensation by merely referring to workers as independent contractors. It’s essential to file any claims for workers’ compensation within the statute of limitations to avoid your claim’s dismissal. What Is Covered by Workers’ Compensation? Not all workers’ compensation injuries involve physical injury. Workers’ compensation coverage may also include mental illness and occupational diseases. Workers’ compensation coverage may provide benefits for the following: Injuries suffered due to an accident while on the job; Illness caused by exposure to toxic substances at work; Repetitive stress injuries that get worse over time due to your work; and Death resulting from such an illness or injury. Once you receive workers’ compensation benefits, you may not seek recovery from your employer through a separate personal injury lawsuit. In situations where your workers’ compensation coverage fails to adequately pay for all the expenses you incur due to your injury, there may be situations where you may pursue a lawsuit against a third party. A possible third party may include manufacturers of equipment directly related to your injury or another business associated with your employment. Consult with a qualified attorney to determine what options are available to you in pursuing additional compensation for your injuries. What Is the Statute of Limitations on My Workers’ Compensation Claim? In North Carolina, the statute of limitations on workers’ compensation claims is two years. This means that you must pursue a claim for workers’ compensation within two years of your injury. However, North Carolina law also requires that you first provide notice of your injuries or illness to your employees within 30 days of the injury. You must file your workers’ compensation claim with the North Carolina Industrial Commission. Many employees fail to file their claim within the statute of limitations for workers’ compensation or make other mistakes in pursuing their claim, such as: Failing to report the injury in writing first to their employer; Waiting to see a doctor and not getting a medical evaluation of their injury or illness; or Failing to adequately document the injury or illness. Many injured workers hesitate to file their claims if they plan to work for the same employer. However, your employer may not terminate your employment or take adverse action against you based on your filing a workers’ compensation claim. The Retaliatory Employment Discrimination Act (REDA) protects individuals who engage in protected activities under the Act, such as filing a workers’ compensation claim. However, an employer may terminate you if your injury renders you unable to work. Despite your termination, as long as you file your claim within the statute of limitations for workers’ compensation, you will continue to receive workers’ compensation until you can work. A workers’ compensation attorney can assist injured workers in filing their claims. Your attorney should possess an understanding of workers’ compensation laws in North Carolina. Studies have shown that individuals often experience greater success when they retain an attorney to assist in claims against insurance companies. When it comes to catastrophic costs due to lost wages and ongoing medical injuries, a workers’ compensation attorney works to pursue every type of benefit owed to you under your workers’ compensation claim. Contact Us The board-certified attorneys at Mehta McConnell Law will assist you at every stage of filing your workers’ compensation claim. We understand the statute of limitations for workers’ compensation claims and evaluate your case to determine your time frame for filing. It’s essential to speak with an attorney soon after you suffer an injury or illness at work. We work on a contingency fee basis, so we don’t get paid unless you get paid. Complexity and delays may accompany the process of filing a workers’ compensation claim. The attorneys at Mehta McConnell Law work to pursue every benefit owed to you for your workers’ compensation claim. Our attorneys are available to review your case during an initial, no-fee consultation. We understand how hard it can be to suffer an injury and not be able to work. Contact us today to discuss your workers’ compensation claim!Keep Reading