Raleigh Workers Compensation
Workers compensation is supposed to be a simple and easy process, but it can quickly turn into a nightmare for injured workers. Call our Raleigh workers comp law firm for the help you need.
When you’re injured in a work accident or if you have been exposed to toxic substances that have caused you to fall ill, you’re more than likely going to need to take time off of work to recuperate. This can be devastating to your finances.
Fortunately, nearly every employer that employs more than three workers in the state of North Carolina is required to provide workers compensation insurance to employees who suffer a work-related injury or illness. Read on to learn more about the details of Raleigh workers compensation rules.
Nearly any type of injury or illness should be a coverable condition under workers compensation in Raleigh—as long as your condition was caused directly by the circumstances of your work environment.
For example, let’s say you were working on a construction site high up on a scaffold when you fell and broke both of your legs. After you filed your claim, workers compensation would kick in for you, and you would begin collecting benefits while you recovered.
Or perhaps you were involved in a terrifying factory accident and were subsequently diagnosed with post-traumatic stress disorder (PTSD). Because your PTSD would stem directly from your work accident, workers comp would more than likely cover this mental health condition.
Securing Workers Comp Approval in Raleigh
Workers compensation does not rely on establishing liability for your injury or illness for you to obtain approval. As long as your illness or injury was caused directly by the circumstances of your work environment, you should be eligible for benefits.
You don’t need to have been employed for a certain number of weeks or work a minimum number of hours in order to qualify. From the moment you begin your first day at work, you’re covered by your employer’s workers comp insurance policy.
However, there are instances when your claim for benefits might be denied. If you were committing a crime, if you were drunk or under the influence of drugs, or if you were violating your company’s code of conduct by rough-housing or working off the clock, you can expect your employer and the workman’s comp insurance company to fight your Raleigh work comp claim.
How Workman’s Comp Benefits Are Calculated
Your income replacement benefits will be based on your average weekly income for the fifty-two weeks prior to you being diagnosed with a work-related illness or injury.
Once your average weekly income has been established, you should be able to collect approximately 66 ⅔ percent of this amount. If you are found to be permanently totally disabled, permanently partially disabled, or unable to return to work at all or find gainful employment elsewhere, this amount could result in permanent disability benefits..
Workers comp should also cover your injury-related medical bills in their entirety.
How to Fight a Claim Denial
It is more common than you might think for workers compensation benefits to initially be denied. In some cases, the insurers have rightfully denied your claim; in others, they are simply prioritizing their needs above yours.
Failing to disclose a pre-existing condition to your employer upon hiring, the insurance adjuster believing you are exaggerating the seriousness of your condition, and errors in paperwork are some of the most common factors that trigger workers comp denials in Raleigh.
Usually, we’re able to work with the insurance adjuster who is handling your case to correct any issues in your claim for benefits. If, despite our best efforts, the insurance company upholds your denial, we can request a hearing with the North Carolina Industrial Commission. The commission will independently review the details of your case before making a decision about your benefits.
As a last resort, we can bring your case to court, where an impartial judge will examine your claim and all supporting documentation to determine whether you qualify for workers comp.
Meet with a Raleigh Workers Comp Lawyer
You should never end up in a position where your financial future is in jeopardy due to a work-related illness or injury. Workers compensation is designed to protect you in times like this. Don’t let a denial hold you back from the benefits you’re entitled to.
Consult with an experienced Raleigh workers compensation lawyer at Ricci Law Firm, PA who can build you a case so strong that the insurance company has no choice but to approve your claim. Set up your free case assessment today by giving our office a call at 252-752-7785 or completing the quick contact form we’ve provided at the bottom of this page.