Raleigh Workers’ Compensation Attorney

Experienced Workers' Comp Lawyers

Injured on the job? A Raleigh workers' comp attorney at Riddle & Brantley may be able to help you get the justice and compensation you need and deserve. Since 2000 alone, we've recovered more than $720 million in compensation for injured North Carolinians (see disclaimer below) and we would love to help you if we can.

North Carolina workers don’t always get the benefit of a safe workplace. Negligent employers, coworkers, site managers, and product manufacturers can create risks and hazards that endanger workers’ lives. Improper safety precautions or faulty equipment may also cause workplace accidents in Raleigh. A workers' compensation lawyer can help you get the justice you deserve.

If you suffered an injury on the job, contact a skilled personal injury lawyer from Riddle & Brantley at (919) 876-3020 to discuss your rights. Our workers' comp lawyers can help you navigate your options. We even have North Carolina State Board-Certified Specialists in Workers Compensation to help you.

"I would recommend Riddle & Brantley to anyone who needs help with workers' comp."

-B.F., Riddle & Brantley client

For a FREE consultation with an experienced workers' comp lawyer, please call (919) 876-3020 or submit the form below. There is no upfront cost, and there are no attorney fees unless we win your case. We don't get paid unless you do.

Workers' Comp Benefits in North Carolina

Workers' comp benefits generally focus on economic losses, such as wage replacement payments and medical treatment. Here are the specifics:

Medical Bills

Healthcare in America is expensive. Workers' comp medical benefits ensure employees don't have to pay out of pocket when they’re injured on the job. A permanent or partial disability can reach millions of dollars over time, with five-figure costs being fairly typical. Your workers' comp benefits should cover these and other medical expenses:

• Hospital stays
• Medication
• Doctor visits
• Surgeries
• Physical therapy
• Prescriptions
• Medical equipment

Appropriate medical treatment is critical to an injured worker's recovery. It preserves your future quality of life and your ability to return to work. That makes this aspect of workers' compensation benefits indispensable.

Disability Benefits

Some injuries can have a "disabling effect." For example, a worker who has inhaled hazardous materials long-term may have reduced lung capacity. This could make it challenging for the person to complete everyday tasks, much less work a full-time job.

Workers' comp benefits ensure that companies take on a share of the burden for work-related injuries that may temporarily or permanently remove someone from the workforce. Here are the four main types.

1. Temporary Partial Disability Benefits (TPD)

Temporary Partial Disability benefits provide income to workers who return to work in a reduced capacity. These workers can usually perform some of their duties but not all. The benefits cover a portion of the differences in current wages earned compared to the average weekly wages. North Carolina has a complex calculation system for determining the average weekly wages, so you’ll likely want a skilled attorney advocating for you.

2. Temporary Total Disability Benefits (TTD)

Temporary Total Disability benefits protect people who cannot return to work due to work-related injuries or illnesses for a certain period. These benefits replace a portion of the worker's lost wages while they recover at home or in a healthcare facility. TTD benefits can be instrumental in helping workers meet their financial obligations while they focus on recovery.

3. Permanent Partial Disability Benefits (PPD)

Permanent Partial Disability benefits apply to workers who may have sustained a permanent impairment due to a work-related injury. These workers can still perform some form of work. The severity of the impairment and its impact on their lives determine the amount of PPD benefits received. North Carolina determines the payment schedule for each qualifying partial disability.

4. Permanent Total Disability Benefits (PTD)

Permanent Total Disability benefits cover workers who are permanently and fully disabled due to a workplace injury or illness. PTD benefits are critical in safeguarding workers' financial well-being when they face severe, life-changing injuries or illnesses. These benefits also help ensure that disability does not mean the end of financial stability for workers.

"Why Should I Hire a Workers' Comp Attorney?"

A workplace injury can be devastating and life-changing. Your ability to earn an income may be temporarily or permanently limited, which may cause you to take a financial loss by forcing you to find another job or depend on disability checks. Unforeseen costs such as physical therapy, medical equipment, or live-in care can cause a strain on your family.

All of these factors can lead to both physical and emotional stress. Furthermore, applying for (or appealing for) workers' compensation benefits can be challenging and stressful. Insurance companies' attorneys often fight hard to minimize or deny workers' compensation claims. For all of these reasons, it's worth considering hiring a workers' comp lawyer.

What We Can Do for You

At Riddle & Brantley, our workers' compensation attorneys can handle all aspects of your claim or lawsuit, including:

• Investigating the accident
• Filing required forms with the North Carolina Industrial Commission (NCIC)
• Ensuring that you don't miss the statute of limitations or other important deadlines
• Holding your employer accountable for doing their part to advance your claim
• Negotiating with the workers' compensation insurance company
• Interviewing witnesses and conducting depositions
• Compiling your medical records and supporting evidence
• Appealing your claim in a hearing before the NCIC
• Representing you in mediation and/or arbitration proceedings
• Filing a lawsuit and representing you at trial if necessary

220+ Combined Years of Attorney Experience

• Our legal team is comprised of a group of personal injury and workers' comp lawyers with more than 220+ years of combined legal experience.
• We have represented thousands of clients and secured more than $600 million in total compensation for deserving victims since 2000 alone (see disclaimer below).
• We are experts in successfully battling against insurance companies and big businesses — and we know how to hold employers accountable for injuries suffered on the job.
• Two of our workers' compensation attorneys are Board-Certified in Workers' Compensation and many of our lawyers have been recognized by prestigious organizations and awards such as The National Trial Lawyers Top 100, Super Lawyers, Multi-Million Dollar Advocates Forum, etc. (see disclaimer below)

Award-Winning Board-Certified Specialists

Our workers' comp team is led by two attorneys who are Board-Certified Specialists in Workers' Compensation, Chris Brantley and Adam Smith. These attorneys have been recognized by the NC State Bar for their experience and expertise handling these specific cases.

In addition to being Specialists, attorney Chris Brantley has been recognized by Million Dollar Advocates Forum for his results, and attorney Adam Smith is a member of Super Lawyers and has been awarded AV Preeminent designation by Martindale-Hubbell, in recognition of his experience and results.

Our Results

• $2,750,000 - Construction Accident — Our client, a construction worker, was hit by a truck while on the job, suffering serious injuries including the loss of his right leg below the knee. We filed separate personal injury and workers' comp claims, ultimately securing $2.75 million in separate settlements.
• $2,475,000 - Severe Head Injury — Our client fell from a platform while working as a welder for a construction company and sustained a disabling head injury. We fought tirelessly for justice, ultimately securing $2.475 million in total compensation and setting up two trusts and a guardianship to ensure his life-long care.
• $1,800,000 - Truck Accident  — Our client was struck by a dump truck while driving for his employer and suffered multiple injuries and eventually the loss of his left leg. Workers' compensation attorney Gene Riddle worked out settlements with both the workers' comp carrier and the truck insurance company, securing $1.8 million in combined compensation.
• $200,000 - Neck, Back, and Shoulder Injury — Our client, a truck driver, suffered serious injuries while on the job. Several of his claims were denied by the workers' comp insurance company, so Riddle & Brantley's attorneys requested a hearing with the NC Industrial Commission, prior to which the claim was settled at mediation for $200,000.

*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.

"How Do I File a Workers' Compensation Claim?"

You, as the injured employee, are required to fill out Form 18, which is a Notice of Accident to Employer and Claim of Employee.

Your employer will fill out Form 19 and will then send these forms to the North Carolina Industrial Commission (NCIC) as well as to their insurance carrier for workers’ compensation. If concerned about your employer not sending these forms or not doing so properly, then you have the option to submit Form 18 directly to the NCIC. You may send it by mail or by email to forms@ic.nc.gov, but the time limit on doing so is two years from your injury. An acknowledgment letter will be mailed to you once the Industrial Commission has processed the form, but only if you have filled out the insurance carrier information on the form.

Before filing a claim, and after the injury has occurred, notify your employer and seek out medical care.

If you've been injured at work and have a workers' compensation claim, call (919) 876-3020 or complete the form for a FREE consultation.

Common Workplace Accidents

Workers can suffer accidents and injuries in any workplace in Raleigh or elsewhere, but some industries pose more hazards than others. Construction, for example, is one of the most dangerous industries for employees. Common causes of employee injuries include slip and fall accidents, ladder or scaffold accidents, repetitive motions, hazardous chemical spills, transportation accidents, struck-by objects, and electrocutions. No matter what caused your injuries, contact an attorney for a free consultation.

• Falls — These may include falls from elevated heights or falls through openings.
• Slip and Fall Accidents — These accidents are especially common in construction, factory, and medical work. Loose equipment, spills, or objects on the ground can cause serious injury.
• Falling Objects — Tools, heavy equipment, or other materials falling in the workplace can cause serious injury.
• Scaffolding Accidents — These type of accidents occur when there's a malfunction with scaffolding, which unfortunately is very common at construction sites.
• Electrocution — These serious accidents are often the result of faulty equipment or water creating an unsafe environment for electrical work.
• Misconduct by Employer — Employees must work in a safe workplace, however, some employers fail to follow or ignore regulations that put employees in harm's way.

FAQs About Workers' Compensation

• "Does my employer have workers’ compensation insurance?" — All employers with three or more employees in North Carolina must carry workers’ compensation insurance.
• "Am I eligible for coverage?" — All employees (and independent contractors in the trucking industry) are eligible for workers’ compensation coverage if their injuries happened while performing work-related tasks.
• "How long do I have to file?" — You must tell your employer about your accident as soon as you can, but no later than 30 days after it occurs. You have two years from the date of the accident to file your claim with the NC Industrial Commission.
• "What benefits might I receive?" — Workers’ compensation can pay for an injured employee’s medical bills, temporary or permanent disability, and two-thirds of lost wages.
• "Can You Terminate an Employee Who is on Workers’ Comp?" — Yes, but the termination must be due to reasons that do not have to do with the employee’s workers’ compensation claim.

Our workers’ compensation attorneys can help you with every aspect of the claims filing process, from the initial injury report to helping connect you with doctors you can trust with your case. With our assistance, you can rest assured that you’re not missing any important requirements or time limits. A lawyer can also help you fight against insurance bad faith and lowball settlement offers. Please call (919) 876-3020 today and let's review your workplace injury claim.

"How Do I Report My Workplace Injury?"

Notify your employer immediately and inform them in writing as soon as possible. Be sure to make a note of the date, the time, the name of the person you spoke to, their position in the company, and their response to you. If your injury is severe and you are unable to notify your employer then have a family member, friend, or healthcare provider notify them.

As soon as you are able to, create an injury notification letter and include the information you took down when you orally notified your employer. Also, be sure to keep a copy for your records.

Common Filing Mistakes

• Not Reporting Your Injury or Failing to Act Quickly — Notifying your employer and doing so as soon as possible is of absolute importance to your workers’ compensation claim.
• Only Reporting Your Injury Verbally — A written accident report can be crucial to your claim. If your employer does not provide an accident report, then consider reporting the accident via email so that there is a written record.
• Waiting To See a Doctor — Postponing treatment will make it seem as if you were not seriously injured and could cause your claim to be denied. Be sure to tell the doctor all of the details surrounding your accident, go to all follow-up appointments, and attend physical therapy if prescribed.
• Exaggerating Your Injuries or Changing Your Story — Being truthful is very important as doctors are aware that fraudulent workers’ compensation claims are common and any inconsistencies in your accident can result in a claim denial.
• Not Hiring an Experienced Workers’ Compensation Attorney — Having an attorney on your side who knows the ins and outs of the workers’ compensation system can make the difference between a claim approval or denial. With our decades of experience at Riddle & Brantley, our workers' compensation lawyers can help you get the compensation you deserve. Call (919) 876-3020 and let's review your claim.

Can You Lose Your Job While on Workers’ Comp? 

Yes, unless you have a contract of employment, an employer can terminate you for reasons other than your workers’ compensation claim such as not being able to wait for you to return, or if your disability makes you unable to do your job.

However, it is illegal for your employer to retaliate by firing you for your workers’ comp claim. North Carolina has a law in place to protect employees who have been injured, called the Retaliatory Employment Discrimination Act (REDA). Fortunately, if you are let go, you will continue to receive workers’ compensation until you are able to work or have reached maximum medical improvement.

"Can I Recover Additional Compensation Outside Workers' Comp?"

In some cases, yes. You may be entitled to compensation beyond just workers' compensation benefits for damages suffered due to an injury while on the job. Workers’ compensation can be a great asset to injured employees, but it may not yield benefits for full lost wages, pain and suffering, or punitive damages. A personal injury lawsuit, on the other hand, could help secure maximum compensation for all accident-related damages.

Keep in mind that if you accept a workers’ compensation settlement, you instantly give up your right to file a personal injury lawsuit against your employer. You do not, however, relinquish the right to file against a third party, such as:

• A coworker
• A contractor
• A product manufacturer
• A property owner
• The city of Raleigh
• The state of North Carolina

"They always kept my best interests in mind."

-Robert J., Riddle & Brantley client

"What Happens if My Workers' Comp Claim is Denied?"

You have the option to appeal the claim denial within 2 years of your injury by filling out and submitting Form 33, which is a Request for Hearing. A workers' comp lawyer can assist with the appeal process.

Once your form is submitted, a mediation conference will be scheduled. In this conference, you, your employer’s insurance company, and a mediator will meet to discuss your claim. The mediator is chosen off an approved list by the NCIC by both you and your employer’s insurance company. If an agreement on a mediator cannot be made then one will be appointed by the NCIC. Your employer’s insurance company will most likely have an attorney present and you may wish to have a workers' comp attorney in Raleigh to represent you as well. At this conference, you will be able to present evidence as to why your workers’ compensation claim should have been approved. Be ready to combat every reason that was given for why your claim was denied.

Once the mediation is complete, the mediator will make a recommendation as to whether your claim should remain denied or be approved. A report will also be filed with the NCIC by the mediator. If you do not agree with the decision, then you can proceed with a formal hearing with the Industrial Commission. About 70% of cases are resolved during the mediation stage, according to the NCIC.

The Importance of Legal Representation in Workers' Comp Appeals

If you have not hired a workers' compensation lawyer already, you should absolutely consider hiring one for the formal hearing, as these hearings can be compared to that of a trial. Both sides will present evidence as well as witnesses and then a final decision will be made by a deputy commissioner. You will receive the determination on your case in the mail.

If either side does not agree with the decision then an appeal by way of Form 44, an Application for Review, can be submitted to a panel of three workers’ compensation judges called the Full Commission. This form for appeal must be submitted to the NCIC within 15 days of the deputy commissioner’s decision.

If you do not agree with the Full Commission’s decision then you may file an appeal to the North Carolina Court of Appeals, and then finally to the North Carolina Supreme Court.

Workers' Comp Lawyers Ready to Help

We take pride in giving each of our clients 100% of our attention. Our legal strategies are well-planned and customized to achieve the most favorable outcome for you. We understand that work injuries occur unpredictably and that the process of obtaining workers' compensation can be long and complex.

For a FREE consultation with an experienced workers' comp lawyer, call (919) 876-3020 or complete the form below.

We can consult with you for free and with no obligation by phone, email, text, or video conference, and we can always meet in person at our convenient Raleigh office or even from the comfort of your own home. We even respond to emails and phone calls on weekends and after hours.

Bilingual interpreters are available for the convenience of our Spanish-speaking clients, as well.

As always, there are no upfront costs and no attorney fees unless we win your workplace injury case and you receive financial compensation. Call (919) 876-3020 and let an experienced workers' compensation attorney review your claim.

"They went to battle for me."

-Gary B., Riddle & Brantley client

No Fees Unless We Win Your Work Injury Case

Feel secure in seeking legal counsel from one of our qualified workplace injury attorneys today, as there is no monetary risk to you since we will handle your case on a contingency fee basis. That means we don't charge anything up front, and we only get paid attorney fees if we are successful in getting you workers' compensation benefits.

Justice Counts. Contact us today at (919) 876-3020 for a free consultation and let's see how we can help.

This page was updated on 10/31/2023

*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.

*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers Top 100, The National Trial Lawyers Top 40 Under 40, The National Association of Distinguished Counsel, AV Preeminent by Martindale-Hubbell, the Litigator Award, and other memberships, awards, and accolades, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.