Fayetteville Workers Comp Lawyer
A work-related injury can have devastating effects on your entire family. Reach out to an experienced Fayetteville workers comp attorney who can help you obtain the benefits you need to continue with your life.
No one ever expects to suffer an injury at work. Whether you work in a field that is known for being dangerous, such as the construction industry or in a factory, or in an environment that is relatively safe, you can be injured due to the conditions of your position. Injuries can happen anywhere.
If your injury will require you to take time off of work to focus on recovering, you’ll need a way to replace the income you’re missing out on.
That’s what workers compensation is for. Obtaining workers comp benefits should be an easy process, but when the insurance company is making it difficult for you to begin collecting the funds you are entitled to, a Fayetteville workers comp lawyer at Ricci Law Firm, PA can help you fight back and secure an approval for your claim.
When You Can Collect Benefits in Fayetteville
Almost every employer in the state of North Carolina must carry workers compensation insurance. From your first day of work, you are protected by your company’s workers comp insurance policy.
It doesn’t matter how long you have been working there, how many hours you work each week, or who is responsible for your injuries. As long as your injuries stem from the requirements of your job, you are entitled to collect benefits to cover the costs of your workplace injuries.
If, like many injured workers, you find that your Fayetteville workers comp claim has been denied, reach out to a qualified and experienced attorney at our firm.
Valid Reasons for a Denied Claim
Just because you are entitled to workers compensation benefits when you suffer a work injury doesn’t mean your employer or the workman’s comp insurance company is going to be happy about paying out on your claim. In fact, the insurance company will likely deny your claim initially.
This is because insurance companies are for-profit. Every time they approve a work comp claim, they end up losing money, which is clearly not in their best interest. The insurance company does not have your best interests in mind, which is why you need to call a qualified workers comp lawyer in Fayetteville when you receive a denial letter.
Sometimes, however, the insurance company does have a right to deny your claim. If you were under the influence of drugs or alcohol, committing a crime, or disregarding your company’s code of conduct when your on-the-job injury occurred, the insurance company may have a valid reason to issue a claim denial.
What to Do When Your Claim Is Wrongfully Denied
It is more common than you might think for insurance companies to wrongfully deny workman’s comp claims in Fayetteville. Your denial letter should state the reason why the insurance company has denied your claim, and although there are some valid reasons that a workers comp claim could be denied, the majority of the time, the insurance company is denying your claim simply to protect its profits.
Some of the most common reasons workers comp insurers give for wrongful denials include the following:
- Failure to disclose a pre-existing condition related to your injuries
- Errors in your paperwork
- Exaggeration of the extent and impact of your injuries
- Lack of supporting medical documentation that demonstrates you are unable to perform your job
These reasons are likely untrue in your case, but that won’t stop a dishonest insurer from trying them and seeing if they work. When the insurance company finds out that you are working with a workers comp attorney in Fayetteville, however, it will likely start singing a different tune.
To get your claim approved, we can typically address any of the insurance company’s concerns and provide additional documentation where necessary.
In cases where the insurer continues to deny your claim, we can request a hearing in front of the North Carolina Industrial Commission (NCIC). The NCIC will review the details of your claim and hear the insurance company’s reasons for denying your claim before determining whether the denial is valid.
Get Your Costs Covered
Once your Fayetteville work comp claim has been approved, you’ll begin receiving weekly benefit checks. This will replace a portion of the income you would have earned if you had been able to continue working.
You will be able to spend these benefits as you see fit. Most claimants end up spending their benefits the same way they would their paychecks—paying the rent or mortgage, utility bill, car payment, insurance, phone bill, and grocery bill.
The insurance company will also need to cover all of the medical expenses you incur due to your work injury or illness. These could include the cost of prescription medications, copays, medical equipment, hospital bills, ambulance fees, and any other medical costs you encounter because of your injury.
Additionally, if your spouse suffered a work injury and passed away, workers comp benefits should cover the funeral and burial expenses. The insurance company will also provide wage-replacement benefits for the surviving spouse and dependents. For help maximizing your benefits, reach out to a Fayetteville work comp attorney.
Fayetteville Workers Comp FAQ
When you’re dealing with the consequences of a serious work-related injury or illness and you have questions that pertain to your workers compensation benefits, you’ll need access to the answers quickly.
Below, we have answered some of the most frequently asked questions our clients have had about their Fayetteville workman’s comp claims. That way, you can find the information you need easily. For additional information and guidance, give our firm a call.
What happens if I can’t return to work at all?
If you are not going to be able to return to your position due to the extent of your injuries, you will continue to collect workers compensation benefits until you reach the maximum allowable number of weeks based on the type of injury you endured. Once you reach this limit, you may be able to begin collecting disability benefits.
How are my work comp benefits calculated?
The amount of your weekly benefit check is based on your average weekly salary. You will collect approximately 66 percent of your average weekly salary. Medical benefits should cover all healthcare expenses related to your injuries.
How long can I receive workers compensation benefits for?
In general, you are able to collect workers compensation benefits until your physician clears you to return to work. The maximum amount of time you can receive workman’s comp will be based on the type and severity of the injury you suffered. For more specific information about your unique injury, speak with a workers comp lawyer in Fayetteville.
Get in Touch with a Fayetteville Workers Comp Attorney
Don’t let yourself get stuck in a bind. You are entitled to collect workers compensation benefits when you suffer a work injury that will keep you from doing your job.
We are proud to provide free case reviews to prospective clients. Schedule yours by giving our office a call at 252-752-7785 or completing the quick contact form below. Don’t delay discussing your case with a qualified Fayetteville workers comp lawyer at Ricci Law Firm, PA.