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 with a seasoned worker's comp attorney in Asheville, NC.
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.
What Are My Rights In A Worker’s Comp Case?
In North Carolina, workers' compensation laws are designed to protect employees who have suffered job-related injuries or illnesses.
If you find yourself in such a situation, it's crucial to understand your rights under these laws:
- Right to Medical Treatment: You’re entitled to receive reasonable medical treatment necessary to cure your injury, relieve pain, and facilitate your return to work. This includes doctor visits, hospital stays, physical therapy, medications, and any required travel expenses related to your treatment.
- Right to Wage Replacement Benefits: If your work-related injury or illness results in time away from work, you may be eligible for wage replacement benefits, typically amounting to about two-thirds of your average weekly wage, up to a state-defined maximum limit.
- Right to Vocational Rehabilitation: If you're unable to return to your previous job due to your injury, you have the right to vocational rehabilitation services aimed at helping you return to suitable employment.
- Right to Make a Claim: You are free to file a workers' compensation claim without being concerned about discrimination or retaliation from your employer.
- Right to Appeal: You have the right to submit an appeal if your claim is turned down or if you don't agree with the insurance provider for your job's benefits determination.
To ensure your rights are fully protected, you must act swiftly and follow the specific procedures stated in North Carolina's workers' compensation statutes. Consulting with an expert Asheville workers' compensation attorney will offer you with further information tailored to your individual situation.
What Are Workers’ Death Benefits In North Carolina?
Workers' death benefits are a type of compensation given to a worker's dependents in North Carolina when they pass away from an illness or accident sustained at work. These payments are a component of the state's workers' compensation program, which was created to provide families that have lost a primary income earner with financial help.
Funeral expenses are normally covered up to a set maximum, and qualified dependents receive weekly compensation payments. Subject to a cap imposed by the North Carolina Industrial Commission, the amount of this compensation may be calculated as a percentage of the average weekly earnings of the deceased worker. The spouse, children, and any dependents who were financially dependent on the deceased worker at the time of death may be entitled to these payments.
The duration of benefit payments varies depending on the beneficiaries' relationship to the deceased, as well as other considerations like as the children's age and dependency status. Furthermore, the workers' death benefits are intended to reduce the financial strain on families during their time of loss, ensuring they get assistance as they adjust to life without their loved one.
Call (828) 383-8414 or contact us online to set up a free consultation with our seasoned Asheville, NC workers' comp lawyers.
