Asheville Workers' Compensation Attorney

Injuries on the job can range from a temporary ordeal to a life-altering event – or even death. When someone suffers a job-related injury in the Asheville area, the workers’ compensation laws of North Carolina provide procedures and remedies for injured workers to recover compensation for their medical bills and part of their lost wages.

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Get Answers From An Experienced NC Attorney

Injuries on the job can range from a temporary ordeal to a life-altering event – or even death. When someone suffers a job-related injury in the Asheville area, the workers’ compensation laws of North Carolina provide procedures and remedies for injured workers to recover compensation for their medical bills and part of their lost wages.

At The Elmore Law Firm, we help injured clients in Asheville and throughout western North Carolina recover just compensation when they have suffered an injury at work. Our experienced personal injury lawyer takes the time to listen, assess and analyze each workplace accident to ensure that our clients receive a resolution to their claim that fairly compensates them for all the losses they have suffered.

To discuss your case free of charge, please contact our Asheville and western North Carolina workers’ compensation attorney toll-free at 828-348-5602 or email us at info@theelmorelawfirm.com.

What N.C. Workers’ Compensation Covers

The agency that administers claims under the North Carolina Worker’ Compensation Act is known as the North Carolina Industrial Commission (NCIC). In North Carolina, the general rule is that all businesses with three or more employees are required to carry workers’ compensation insurance or qualify as self-insured, so that they may pay workers’ compensation benefits to their employees should they be injured and file a claim. Management personnel do not have to be covered under the insurance, but are counted as employees for purposes of determining whether a business has three or more employees.

An injury is covered under the workers’ compensation system if it was caused by an accident or an incident that “arose out of, and in the course of” the injured person’s employment.

Aside from accidents, there is also compensation available for occupational diseases, which are defined as any diseases proven to be caused by conditions characteristic to a particular type of job, and where the exposure to that disease is greater than that of the general public. The NCIC has created a list of the diseases that may qualify as compensable occupational diseases, as outlined in Chapter 97, Section 53 of the North Carolina Statutes.

Benefits Available from Workers’ Compensation

If you were injured on the job and qualify for workers’ compensation benefits in North Carolina, you may be entitled to collect weekly replacement wage payments and medical benefits for treatment of your injury, including surgeries, hospital bills nursing services. You may also receive compensation for travel for appointments or treatments, prescriptions and rehabilitation services.

If your injury renders you disabled, you may also collect disability benefits, including temporary total, temporary partial, permanent total or permanent partial disability.

The amount you receive in disability benefits depends on your pay. In 2015, the maximum rate of compensation was $920 per week, and the maximum rate is adjusted annually. During a temporary total disability period, you will generally receive two-thirds of your usual pay, up to the maximum rate. The workers’ compensation act provides a schedule of injuries and the rates and periods of compensation.

In the unfortunate case that you are reading this because a loved one died due to injuries in the workplace, death benefits for their dependents or next of kin are also payable if a claim is filed within two years of the incident. A surviving spouse may be eligible to collect compensation for life, or until remarried. Funeral expenses are also payable, up to $10,000.

Filing for Workers’ Comp Benefits in N.C.

When filing for workers’ compensation, the first thing you should do after seeking medical treatment is report your injury to your employer immediately, either verbally or in writing, and no later than 30 days after the injury.

If you have not reported the injury to your employer and 30 days has passed, you may still have the right to file a claim. Contact us for a free consultation as soon as possible, as we may be able to determine an exception that allows for a late filing. You may also be incorrect in when you began counting the 30 days. Should it be from the date of the incident, or from the date you knew, or should have known, you were injured? These are questions of law best analyzed and answered by our experienced attorney.

When you report your injury to your employer, they must submit a form 19 to the NCIC. If your employer fails to file a form 19, you can file a form 18 asserting a claim against your employer electronically or in writing. Once a claim has been filed, you will notified by mail.

How Our Personal Injury Lawyers Help Injured Workers

At The Elmore Law Firm, we help injured workers and their families by handling all of the paperwork and interaction with the workers’ compensation bureaucracy, insurers and employers. This allows you the time you need to heal and rest.

We work hard to make sure our clients receive the full compensation they deserve under the law.  We can appeal claims that were initially granted an unsatisfactory decision. If a claim was wrongly denied, we can appeal the claim and help you fight for the benefits you deserve.

Contact us today at 828-348-5602 or email us at info@theelmorelawfirm.com to set up a FREE consultation to discuss your legal options.

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