Workers’ Compensation Attorneys in North Carolina
Injuries at work occur in every industry. Your mobility, general health, and general quality of life may be negatively impacted for some time by excruciating physical limitations resulting from serious work-related injuries. You might be unsure of how you’ll pay for your medical bills, particularly if you’re unable to work and provide for your family.
Our workers’ compensation attorney in North Carolina is on top of things if you had a serious injury at work. In order to pay for your medical bills and other costs associated with your workplace injury, Tien Law Firm can assist you in pursuing workers’ compensation benefits. Get a free case review right now.
Workplace Injuries Lead to Many Challenges
People who suffered injuries in accidents at work or who became ill as a result of dangerous working conditions are represented by our North Carolina workers’ compensation attorneys. We also help people with occupational illnesses related to exposures at work and help them appeal claims that have been dismissed.
Furthermore, our NC work injury lawyer may help clients determine their eligibility for disability benefits and pursue third-party lawsuits against negligent parties in order to obtain additional compensation.
Who Is Eligible for Workers’ Compensation in North Carolina?
In North Carolina, you might qualify for workers’ compensation benefits if you can say “yes” to the following questions:
- Did you sustain an injury at work or on the job?
- Did you report the injury to your employer orally and in writing immediately and in any event within 30 days?
- Does your employer employ three or more people?
- Does the company you work for have workers’ compensation insurance?Did you manage to respond “yes” to the questions above? If so, get assistance with your workers’ compensation claim by requesting a free case evaluation with our workers’ comp attorney right now.
Depending on the circumstances, you might still qualify for workers’ compensation even if you selected “no” for any of the aforementioned questions. During a free consultation with Tien Law Firm’s Workers’ Compensation Lawyer, we can let you know if you can still seek workers’ compensation benefits and what steps you need to take next.
Let’s take a closer look at a few of the aforementioned queries regarding workers’ compensation eligibility below. This should make it clearer to you why you need a knowledgeable lawyer on your side and the myriad difficulties that come with workers’ compensation claims.
Injury at Work Requirement
You don’t need to demonstrate that someone else was at fault for the incident that caused your injuries because workers’ compensation is a no-fault insurance system. All you have to do is prove that the injuries you received happened while you were performing your duties at work. You are not eligible to receive workers’ compensation for accidents or injuries sustained while commuting or while engaging in any other activity unrelated to your job responsibilities.
Our workers’ compensation attorney can analyze the facts during a free case evaluation if there is any doubt as to whether your illness or injury qualifies for workers’ compensation benefits in North Carolina. What if the injury happened while carrying out a task related to the job but not at work?
Workers’ compensation benefits may be available for performing a job duty or work-related task off-site. For instance, suppose you were driving a business car when you were hurt in an automobile accident. Driving between these locations was a necessary part of your work-related task, and you were moving from one workplace to another during business hours. Given that you were injured at work, you will probably be eligible for workers’ compensation payments in this case.
During your free appointment with us, our workers’ compensation lawyers can also assess this.
Reporting the Workplace Injury Within 30 Days
In North Carolina, you have to notify your employer of the injury accident within 30 days of the occurrence in order to be eligible for workers’ compensation. To ensure there is a record of the accident and the injuries, it is best to report the incident both orally and in writing inside this 30-day window.
How to Qualify for a Workers’ Compensation Claim by Including Certain Information in an Accident Report
In this report of a workplace accident, be sure to include:
- The time, date, and place of the on-the-job accident
- A description of the accident and how the work-related injury happened
- The particular body portion or parts that were impacted by the injury at workYou are not eligible to receive workers’ compensation payments if you do not report the accident and injuries.
What Would Happen If My Illness or Condition Was Discovered Over 30 Days Following a Workplace Accident?
You might be eligible to apply for workers’ compensation benefits if the conditions at work caused you to contract an occupational sickness. This also holds true for employees who received a health diagnosis more than 30 days following their exposure to the hazardous work environment.
That said, the worker must notify their employer of their occupational disease within 30 days of the formal diagnosis. Your eligibility for workers’ compensation may be jeopardized if you fail to tell your employer after receiving a diagnosis of an occupational condition.
We should note that workers’ comp claims for illnesses and latent health problems pose a number of challenges even if they are reported on time. Some employers might contest that hazardous working conditions or inadequate work safety were the cause of the employee’s health problem. Make sure you get in touch with our North Carolina workers’ compensation attorneys as soon as you are diagnosed with an occupational sickness so they can help you with your claim.
Requirement for Employers with At least Three Employees
The North Carolina Industrial Commission states that in order to provide workers’ compensation benefits to injured workers, every company with three or more employees must either obtain workers’ compensation insurance or be eligible to be self-insured.
If an employer does not have workers’ compensation insurance in place, they may be in violation of the law and face harsh penalties. As part of your consultation and the subsequent claims procedure, our legal firm can investigate these issues.
Are There Exceptions to the Law Concerning the Number of Employees?
Indeed. Companies with one or more employees that engage in activities that could expose them to radiation must carry workers’ compensation insurance. Certain businesses are also exempt from the need to carry workers’ compensation insurance. For example, domestic workers directly employed by a home, regardless of the number of domestic workers on the premises, may not be covered by workers’ compensation, as may employees of specific railroads. We can assist you if you are concerned that you might not be eligible for benefits because your company is not required by law to maintain workers’ compensation insurance. Our workers’ compensation attorney will evaluate the situation and help figure out your options.
Workers’ Compensation: Employees vs. Independent Contractors
Workers’ compensation benefits are available to the majority of employees in the state, including both full-time and part-time workers. Independent contractors, however, are not eligible for workers’ compensation from their employer.
Who is an Independent Contractor?
In general, an independent contractor is a person who works for a company but is not directly supervised or controlled by their employer. Independent contractors are regarded by the law as distinct business entities rather than employees, even if they may provide regular work to an employer. Many times, independent contractors are paid per project rather than a salary or an hourly wage, and taxes are not withheld from any payments from the employer.
Who Qualifies as a Casual Worker?
Since casual employees are technically not considered part-time employees under North Carolina law, their existence can make issues more complicated. Someone who is recruited on a temporary or as-needed basis without set working hours is known as a casual employee. Casual workers frequently carry out tasks that are not part of their regular job description. Casual workers are not entitled to workers’ compensation payments due to the nature of their jobs.
As part of a free case review, our work injury lawyer can offer clarification if you’re unclear whether you’re classified as an independent contractor, employee, or casual worker.
What Happens If I Was Mislabeled as an Independent Contractor Despite Having Injuries?
Since some employers fail to properly classify their independent contractors, it is important to draw attention to this issue. The North Carolina Industrial Commission makes it clear that a worker may be misclassified as an employee even if they are called an independent contractor and 1099 forms are filed for tax purposes.
Instead of being an independent contractor, you might be an employee if:
- Instead of paying you according to the task or project, the company pays you on an hourly or payroll basis.
- The employer requires you to follow company policies or procedures that other employees do
- Your employer gives you tools, equipment, or a workplace so you may finish their work.
- Instead of concentrating solely on the work’s outcome, the employer gives you instructions on how to complete it.Following an on-the-job injury, you might qualify for workers’ compensation benefits if you were mistakenly classified as an independent contractor when you were actually an employee of a business. Tien Law Firm’s workers’ compensation lawyer can assist you in investigating coverage for any losses you may have suffered, including medical expenses.
Legal Assistance for Hurt Employees in North Carolina
Your needs will be the primary focus of our North Carolina workers’ compensation attorney while they handle your case. You deserve to be taken seriously. You ought to feel valued and heard. We will present your case for the highest benefits under no-fault work injury insurance based on the specifics of your workplace accident. You don’t have time to be overwhelmed with the law and state regulations as an injured worker. You’re too preoccupied with healing from your wounds and making plans for the future. Having our skilled workers’ compensation attorney on your side is crucial for this reason.