If you’ve been injured while at work in North Carolina, you may be able to recover workers’ compensation benefits. Workers’ compensation provides financial assistance for medical expenses, lost wages, and other costs associated with work-related injuries or illnesses.
However, determining the value of your workers’ compensation case can be complex and depends on various factors. If you are curious about your workers’ compensation case value, keep reading.
In this article, we will break down how workers’ compensation works, how a lawyer can help maximize your recovery, and what factors go into determining the value of your case.
What Is Workers’ Compensation and How Does It Work?
Workers’ compensation is a system that provides benefits to employees who are injured on the job or develop work-related illnesses.
When you file a workers’ compensation claim, your employer’s insurance company will review your case to determine the benefits you are entitled to. These benefits typically include:
- Medical benefits: Coverage for the cost of medical treatment related to your injury or illness. This includes doctor visits, hospital stays, medications, and physical therapy.
- Temporary total disability (TTD): If you are unable to work because of your injury, you may be entitled to compensation for lost wages. TTD benefits usually cover two-thirds of your average weekly wage. However, the amount varies based on your income and the severity of your condition.
- Permanent partial disability (PPD): If your injury leads to permanent impairment that affects your ability to work, you may be entitled to PPD benefits. The amount depends on the type and severity of the injury.
- Vocational rehabilitation: If you cannot return to your previous job due to your injury, workers’ compensation may cover retraining costs or help you find a new job that accommodates your disability.
In North Carolina, employers are required to carry workers’ compensation insurance to cover medical expenses, lost wages, and other related costs for their employees if they are injured while performing their job duties.
How Can a Lawyer Help Maximize Your Workers’ Compensation Recovery?
An experienced lawyer can help you maximize your recovery by:
- Ensuring proper documentation: Workers’ compensation claims require thorough documentation of your injury and its impact on your life. A lawyer can help gather the necessary medical records, accident reports, and other evidence to support your claim.
- Negotiating with insurance companies: Insurance companies often try to minimize the amount they pay out on workers’ compensation claims. Your lawyer will advocate on your behalf, negotiating with the insurance company to ensure you receive the full benefits you are entitled to.
- Filing appeals: If your claim is denied or you disagree with the benefits offered, a lawyer can help you file an appeal. Workers’ compensation laws in North Carolina provide a process for appealing denied claims. A lawyer can guide you through this process.
- Maximizing non-economic damages: In some cases, you may be entitled to damages beyond the standard workers’ compensation benefits. These additional damages could include emotional distress or pain and suffering. A lawyer can help you explore all possible avenues for recovering compensation.
While workers’ compensation benefits are designed to provide financial assistance after a workplace injury, it is not always easy to navigate the system on your own.
What Factors Determine the Value of a Workers’ Compensation Case?
The value of your workers’ compensation case depends on several factors. While it is difficult to pinpoint an exact figure, here are the key elements that affect the worth of your case:
- Severity of your injury: The more severe your injury, the higher the value of your case. For example, if you’ve suffered a permanent disability, the value of your case will generally be higher compared to a temporary injury that allows you to return to work relatively soon.
- Medical costs: The extent of your medical treatment and whether you require ongoing care will impact the value of your claim. Severe injuries that require surgeries, extended hospital stays, or long-term rehabilitation can increase your case’s value.
- Lost wages: If you’ve missed work due to your injury, your workers’ compensation benefits will generally cover a percentage of your lost income. If your injury prevents you from returning to your job or forces you to take a lower-paying job, this can also impact the value of your case.
- Permanent impairment: If your injury results in a permanent disability that affects your ability to perform certain tasks or work in your chosen profession, you may be entitled to permanent disability benefits. This can significantly increase the value of your case.
- Your employer’s insurance policy: The type of workers’ compensation insurance coverage your employer has may affect the amount of compensation you can receive. Some insurance policies may have limits on the amount of benefits paid out for certain types of injuries.
A lawyer will be able to help determine what your case might be worth.
What Damages Are Available to Workers’ Compensation Claimants?
In North Carolina, workers’ compensation benefits are generally limited to compensation for medical expenses, lost wages, and disability-related benefits. However, workers may also be entitled to compensation for vocational rehabilitation or retraining if they are unable to return to their previous job.
Unlike personal injury claims, workers’ compensation does not usually allow for pain and suffering or punitive damages. However, if a third party was responsible for your injury (like a negligent contractor or equipment manufacturer), you may be able to pursue additional compensation through a personal injury lawsuit.
How Long Do I Have To File My Workers’ Compensation Claim in North Carolina?
In North Carolina, you must report your injury to your employer within 30 days of the incident. If you fail to report your injury, you may lose your right to benefits. You generally have two years from the date of your injury to file a workers’ compensation claim. Filing as soon as possible is recommended to ensure the timely gathering of evidence and to avoid complications.
Contact a Personal Injury Lawyer for Help With Your Workers’ Compensation Case
If you’ve been injured at work in North Carolina, don’t wait to get legal assistance. An experienced workers’ compensation attorney can work to ensure you receive the full benefits you deserve.
Contact Riddle & Riddle Injury Lawyers today for a free consultation. Let us handle the legal details so you can focus on your healing.
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers - Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
252-397-7400
Riddle & Riddle Injury Lawyers - Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
919-459-7855
Riddle & Riddle Injury Lawyers - Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
919-759-6963
Riddle & Riddle Injury Lawyers - Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
910-910-1860
Riddle & Riddle Injury Lawyers - Kinston Office
807 N Queen St, Kinston, NC 28501
252-397-0134
Riddle & Riddle Injury Lawyers - Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
704-781-7980
Riddle & Riddle Injury Lawyers - Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
336-395-5349
Riddle & Riddle Injury Lawyers - Durham Office
100 E Parrish St STE 200, Durham, NC 27701
919-925-6039
Riddle & Riddle Injury Lawyers - Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
910-387-0861
Riddle & Riddle Injury Lawyers - Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
910-889-3926
Riddle & Riddle Injury Lawyers - Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
336-396-6310
Riddle & Riddle Injury Lawyers - Garner Office
500 Benson Rd Suite 111, Garner, NC 27529