Hensley Cloninger & Greer, P.C. Hensley Cloninger & Greer, P.C.

Asheville Workers’ Compensation Lawyers

You’re carrying a box of files up to the second floor of your corporate office and throw out your back. You work in a small shop and the owner asks you to drive out and get office supplies, and you get into an accident. You develop back and wrist problems from the nature of your work or the setup of your desk and chair. On an even more serious note, perhaps you get ill or diagnosed with cancer because of toxins that were inhaled on the job. These are just a few of the scenarios that call for a workers’ compensation attorney to help make sure you’re taken care of. Hensley Cloninger & Greer has been helping people with their workers’ compensation claims for 30 years. 

Call (828) 383-8414 or contact us online to set up a free consultation.

When Workers’ Compensation Applies

The North Carolina Workers’ Compensation Act mandates that any business with three or more employees have workers’ compensation insurance in place for their employees. Workers’ compensation protects both the employee and the employer. 

The employee is protected in that they have a means of support while recovering from an injury. The employer is protected because, generally, an employee who collects workers comp cannot file a personal injury lawsuit. There are exceptions — an employer who deliberately creates unsafe conditions or violates regulations can still be sued. Third-party contractors that might work within the office can be sued. But otherwise, workers’ comp stands in place of personal injury legal action. 

This distinction has at least one positive consequence for the employee — there is no need to prove negligence to get workers’ compensation, the way you would for a personal injury lawsuit. In fact, it doesn’t even matter if the employee is at fault for their own injury. So long as that fault does not include intoxication or a deliberate attempt to get hurt, there are only a few basic points that must be established in a workers’ comp claim. 

The employee filing for benefits must simply demonstrate that their injury took place on the job, within the scope of the job. Some cases are straightforward, but other cases can be filled with gray areas and nuance. 

Let’s say you’ve developed back problems because of an ergonomically unsound chair that you’ve been sitting at for several years. The basis for a workers’ comp claim exists, but your employer’s insurance carrier may seek to prove that you have back problems for other reasons, based on your medical history. You believe the toxins in the air on the job site are the cause of your lung problems — the insurance carrier argues that a past history that includes cigarettes and tobacco from 30 years ago is the real culprit. 

This is why it’s important to proceed with prudence when filing for workers’ compensation. This does not mean backing down from your legitimate right to compensation. It does mean getting checked by a doctor, being careful about what you say to others, and getting sound legal counsel. 

Hensley Cloninger & Greer has provided sound legal counsel to the people of Asheville for over 30 years. We can help you navigate the complexities of the workers’ compensation system and fight for the benefits you deserve. 

Call (828) 383-8414 or contact us online to set up a free consultation. 

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