Gastonia Workers Compensation Lawyer

Gastonia Workers Compensation Attorney

Suffering from a workplace injury can be a frightening experience. Similarly, if you were recently diagnosed with cancer or another illness due to exposure to toxins at your North Carolina place of work, you may wonder what options are available to you. If you have sustained any workplace injury or illness, you may be eligible for certain forms of compensation, and a skilled Gastonia workers’ compensation lawyer can assist you in filing for these necessary benefits.

When you need assistance filing a workers’ compensation claim, or if your claim was previously denied, contact our attorneys at Roberts Law Firm, P.A. We understand how important it is to get back to work as soon as possible, especially if your family relies on the income you bring home. Workers’ compensation claims can be difficult to fight since they are based on a state-mandated program.

At Roberts Law Firm, P.A., we fight for our clients following a work-related accident. Our workers’ compensation attorneys understand that an unexpected and accidental injury can affect your life and career capabilities for years to come. It is important to seek professional legal help from an attorney in the event that you need to file a workers’ compensation claim, or because your initial claim got denied.

Types of Gastonia Workplace Accidents and Injuries

In order to receive workers’ compensation benefits in North Carolina, you must be able to establish the following two things:

• You were employed at the time your injury took place.
• The injury or illness you are now dealing with occurred as a direct result of your employment.

There are several ways in which an individual may suffer an injury or illness due to exposure on the job. The most common types of Gastonia workplace accidents and their resulting illnesses or injuries include:

• Construction accidents. Construction sites can be dangerous places for employees. Individuals may suffer falls from scaffolding or ladders, become crushed or pinned by heavy machinery or falling objects, or trip on exposed wiring or cords. The most common injuries involved in construction accidents include head injuries such as traumatic brain injuries, neck injuries, spinal cord injuries, broken bones, and even death.
• Asbestos or toxin exposure. Some work environments may lead to the exposure of asbestos or other toxins for employees. When there is regular exposure to these chemicals or fibers, individuals can develop certain life-threatening conditions such as brain damage, and certain forms of cancer like mesothelioma, Parkinson’s disease, asthma, and leukemia.
• Fire or explosion accidents. If you were recently injured in a workplace fire or explosion, your employer’s workers’ compensation insurance should be able to cover your medical expenses and lost wages. There are many common causes of workplace fires and explosions, including the presence of hazardous chemicals, faulty electrical wiring, gas leaks, or the presence of controlled explosives.

What to Do After Suffering a Workplace Injury

There are several steps you must take in order to become eligible for workers’ compensation benefits after suffering a workplace injury. These steps include:

• Notifying your employer. The very first thing you should do is notify your employer of the accident and subsequent injury or illness by email or in a formal letter detailing what happened. Ensure that you keep a copy of this letter for yourself. If you have already told your employer in person about the accident and injury, record the date, time, and name of the individual to whom you reported the accident.
• File the required paperwork. In North Carolina, the State Industrial Commission handles all workers’ compensation cases. Employees who have been injured on the job have a duty to file their claim with the commission as quickly as possible after sustaining harm. Failing to do so could result in the permanent loss of your right to benefits. An attorney can help you fill out and file this paperwork.
• Seek medical attention. You will want to seek medical attention as quickly as possible following your injury, as doing so can offer clear evidence of the extent of your injuries.

Understanding Claims & Benefits

Workers’ compensation was created to cover medical bills, death benefits, rehabilitation, funeral expenses, and disability payments if you are unable to work for a period of time. Under North Carolina workers’ compensation laws, claims must be filed within two years of the date your accident and/or injury occurred. Failing to file within this timeframe may result in losing your right to receive benefits. You should not wait to report your injury to an employer. The injury must be work-related, although not all injuries are covered. There are different types of workers’ compensation disability benefits, including the following: total permanent disability, partial permanent disability, temporary total disability, medical only benefits and death benefits.

Total Permanent Disability

This type of disability is distinguished by an individual’s complete and total loss of the ability to work due to the injury sustained in the workers’ compensation claim. An insurance company may offer this type of disability if an individual’s injury will not improve over time or respond to treatments.

Partial Permanent Disability

This type of disability is typically given to individuals who were injured in a work-related situation, but can still work to a certain degree. A doctor will determine the extent of the injuries sustained by the individual.

Temporary Total Disability

This type of disability is generally awarded to individuals who are temporarily unable to work in any capacity. A doctor will determine the extent of the injuries and report that a full recovery is expected.

Medical-Only Benefits

This type of benefit only covers costs associated with medical bills.

Death Benefits

This disability is awarded to the family or dependents of an individual who died as a result of a work-related injury or illness. Death benefits typically cover funeral expenses and lost income to the deceased individual’s dependents.

Fighting for Our Clients’ Rights

We dedicate ourselves to helping injured employees across North Carolina. Our attorneys understand the stress and uncertainty experienced after an injury on the job.

If you have suffered an injury or illness as a direct result of a workplace accident or exposure to toxins, you are entitled to certain benefits or forms of compensation under your employer’s workers’ compensation insurance. Trust the team at Roberts Law Firm, P.A., to educate you on your rights as a North Carolina worker and assist you in obtaining the necessary compensation. We are diligent about protecting our clients and assisting them with workers’ compensation claims that they may be entitled to by law. At Roberts Law Firm, P.A., we have experience handling claims involving faulty equipment, as well as slips and falls. Contact our offices today to schedule your initial consultation.