Raleigh Workers Compensation Lawyer
When you’re injured at work or if you fall ill due to the circumstances of your job, you are entitled to collect workers compensation benefits while you recover. Speak with a qualified Raleigh workers comp lawyer who can help you secure the funds you need to continue to survive.
It’s bad enough that you’ll need to take time off of work to focus on recovering. This lack of income can be devastating for your household, particularly if you live paycheck-to-paycheck as millions of Americans across the country do. Workers comp benefits can help you through this difficult time.
A Raleigh workers compensation lawyer at Ricci Law Firm, PA can obtain the supporting medical documentation you need to establish the severity of your illness or injury so you can be approved and start collecting your benefits as soon as possible. We are also prepared to handle your case if the insurance company has denied your claim for the work comp benefits you deserve.
Meet These Requirements to Be Approved for Workers Comp in Raleigh
To be approved for workers compensation benefits, the accident you were involved in or the conditions of your work environment must have been directly responsible for your illness or injuries.
It doesn’t matter who is at fault for your condition—from the moment you become employed with your company, you will be covered by workers compensation insurance that your employer is required by North Carolina law to carry.
However, your Raleigh workman’s comp claim can be denied if you were violating your company’s ethics code, if you were drunk or under the influence of drugs, or if you were committing a crime at the time of your injury.
Calculating Your Weekly Benefits
Workers comp benefits are calculated based on your average weekly salary in the fifty-two weeks prior to your injury. Once this figure has been established, you could be entitled to approximately two-thirds of your average weekly income.
You could be entitled to collect 66 percent of your average weekly income if you were permanently partially disabled, permanently totally disabled, or if you are otherwise not expected to be able to return to work in your pre-injury position or find gainful employment in another field or industry.
In addition to compensation for the wages you’re no longer able to earn, workers comp in Raleigh can provide full compensation for all medical expenses related to your on-the-job injuries or illness. This can include but is not limited to hospital bills, surgeries, physical therapy, prescription medications, and transportation to and from your doctor visits.
Additionally, if you are the spouse or dependent child of someone who died in a workplace accident in Raleigh, you can collect workers comp benefits for the funeral and burial costs and the loss to your household income. Your workers compensation lawyer in Raleigh can help you calculate all of the benefits you can expect to receive and make sure you receive the maximum amount.
Reversing a Denial
If your claim for benefits has been denied, your workers compensation attorney in Raleigh can take several steps to get your denial reversed. There are many reasons why an insurance adjuster might deny even the most deserving claimants. Some of these reasons include the following:
- The insurer thinks you’re exaggerating the extent of your injuries.
- You failed to disclose a pre-existing condition at the time of your hiring.
- There was a problem with your paperwork.
- The insurer needs additional medical documentation.
- You failed to prove that your injury or illness was caused by the duties of your position.
By answering the concerns listed in your denial letter, we can often get your work comp benefits approved by the insurance adjuster working your case.
If the insurer remains rigid in its decision to deny you the benefits you’re entitled to, we can request a hearing with the North Carolina Industrial Commission. This board will review the details of your case and make a decision on your claim.
In the event that your claim is still denied, we can bring your case to court, where a judge will render a decision regarding your claim.
Thinking About a Civil Suit?
Workers who are injured in Raleigh are usually limited to workman’s comp claims as they pursue compensation. That’s because state law prohibits victims from suing their employers except under very specific circumstances. These circumstances include the following:
- Your employer broke the law by failing to purchase adequate work comp insurance.
- A third party other than your employer caused your injuries.
- Your employer purposefully harmed you.
While personal injury claims can provide compensation for non-economic damages like pain and suffering, they also require the victim to prove that someone else was at fault for the accident in question. If you’re curious about which route to compensation you should choose, speak with a work comp lawyer in Raleigh.
Raleigh Workers Compensation FAQ
There are many moving parts involved in approvals and denials of workers compensation. When you’ve suffered a serious injury or become critically ill, the last things you need to be worried about are the minute details of workers comp laws.
For this reason, we have addressed some of the most common questions our clients have had about to their workers comp claims. Read on to learn more.
How long can I receive workers compensation benefits in North Carolina?
You should continue to receive workers compensation benefits until your treating physician clears you to return to your pre-injury position at work. If you are not expected to be able to return to work, you may be able to collect workers comp benefits until you are able to begin collecting disability benefits.
What does it cost to hire an attorney?
Your attorney will likely work on a prearranged contingency fee. Generally, this means that you won’t have to pay us a dime unless or until we are able to successfully obtain your workers comp benefits. Your agreed-upon fee will be deducted directly from your settlement so you don’t have to worry about paying another bill in addition to the household expenses you’ll already be catching up on.
Can I choose my own physician?
Your employer and the work comp insurer reserve the right to make the initial decision as to where you receive your treatment and care. If you are unhappy with the choice, you can petition the North Carolina Industrial Commission to choose your own physician at your employer’s expense. You will need to establish the reasons for which you are seeking a different doctor. You might choose to do so if you believe the physician is not being impartial in his or her assessment of your condition, for instance.
Get in Touch with a Raleigh Workers Compensation Attorney
Dealing with the physical effects of a work injury or illness can be an enormous challenge. To make your recovery—and life—easier, reach out to an experienced lawyer at Ricci Law Firm, PA to ensure that you obtain your benefits as quickly as possible.
Schedule your free, no-obligation consultation with a Raleigh workers compensation lawyer by giving our office a call at 252-752-7785 or by filling out the quick contact form we’ve provided at the bottom of this page.