Frequently Asked Questions

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.

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.

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.

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.

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.

For private passenger auto policies issued or renewed on or after July 1, 2025, the North Carolina minimum is $50,000 bodily injury per person, $100,000 bodily injury per accident, and $50,000 property damage. North Carolina also requires uninsured/underinsured motorist coverage.

Yes, if the accident involves an injury, a death, or property damage of $1,000 or more, North Carolina law requires you to report it to law enforcement.

North Carolina requires all drivers to carry uninsured/underinsured motorist coverage, which can apply if the at-fault driver has no insurance or not enough coverage.

Yes. North Carolina follows a pure contributory negligence rule. If you are found even 1% at fault, you can be barred from recovering any compensation.

Yes. Commercial trucking is regulated federally by the Federal Motor Carrier Safety Administration (FMCSA), which sets rules on driver hours of service, vehicle maintenance, and driver qualifications, in addition to the standard North Carolina negligence rules that apply to all vehicle accidents.

Yes, the same statewide contributory negligence rule applies.

Yes. Under North Carolina law, all motorcycle operators and passengers must wear a helmet every time they ride, with no exceptions based on age or experience.

Yes, the same statewide rule applies to motorcycle accident claims.

Where traffic-control signals are not in place or in operation, drivers must yield the right of way, slowing down or stopping if necessary, to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at or near an intersection.

Yes. A pedestrian crossing at any point other than within a marked or unmarked crosswalk at an intersection must yield the right of way to vehicles. Combined with contributory negligence, crosswalk location can be a critical fact in these cases.

Surviving families have the right to file a wrongful death lawsuit within two years of the loved one's date of death.

Surviving families have the right to file a wrongful death lawsuit within two years of the loved one's death date, per G.S. § 1-53.

North Carolina follows a pure contributory negligence rule. If the insurance company can show you were even 1% at fault for the accident, they can try to block your entire recovery.

In most cases, workers don't have the right to sue their employer directly. But a personal injury claim against a negligent third party responsible for a workplace accident (for example, an equipment manufacturer or subcontractor) is subject to the standard statute of limitations rather than the workers' comp process.