Workers’ compensation is an important part of North Carolina law, providing financial security to those who sustain injuries on the job. If you recently suffered an injury at work, it is understandable to wonder how much compensation you might receive through your employer’s insurance policy. Many variables could potentially influence the total amount of benefits you could secure from a successful workers’ compensation claim.
Christina Rivenbark & Associates offers client-focused legal counsel for workers’ compensation claims. While it’s technically possible to file your claim on your own, you are more likely to maximize your total benefits when you have an experienced attorney representing you. When it comes to calculating the total amount of benefits you could receive with your settlement, we have the resources and experience necessary to handle the most complex workers’ compensation cases and help you get the benefits you legally deserve.
Every injured worker in the state can typically expect two forms of compensation when they file their workers’ compensation claims. First is medical expense coverage. At a minimum, workers’ compensation insurance will pay for all medical treatment costs the victim incurs from a workplace injury. This includes immediate healthcare expenses like hospital bills and the cost of any long-term care they require.
The second benefit is income replacement. Disability benefits are paid when an injured worker is unable to perform their job duties due to their injury. These benefits may be paid on a partial basis if the employee can still manage lower-paying work while they recover, or they may qualify for total disability benefits if they cannot work at all during recovery.
Partial disability benefits help bridge the gap between what the employee previously earned prior to their injury and what they are able to earn after their injury. The injured employee must report their earnings to the insurance carrier to maintain eligibility for benefits. Total disability benefits are paid when an injured worker is completely unable to work due to their injuries. When an injured worker qualifies for this level of benefits, they can expect weekly payments equal to two-thirds of their average weekly wage prior to their injury.
Filing a claim for workers’ compensation benefits is similar to filing any other type of insurance claim. However, your employer plays a role in this process, and they may not fulfill their legal responsibilities or may even interfere with your claim. It’s also possible to have grounds for additional legal action outside of the workers’ compensation system, and you will need legal counsel on your side for this as well.
Calculating appropriate compensation for a workplace injury can be challenging, and most insurance companies attempt to justify the lowest possible settlements they can for injured workers. However, hiring an experienced workers’ compensation attorney can significantly improve your experience with the claim filing process and reduce the chance of encountering any bad-faith handling of your claim. Additionally, you could have grounds for further legal action against the specific party who caused your injury, and your attorney will be essential for this as well.
The most important factors that determine how much an injured worker can receive in benefits are the severity of their injury, the level of long-term disability they face, and what level of functional capacity they retain to work after the injury. All injured workers in the state will qualify for full medical expense coverage, and they can either receive partial or total disability benefits based on their ability to work after their injury.
You are typically unable to file a personal injury claim against an employer for a workplace injury under the North Carolina Workers’ Compensation Act. However, if your employer does not have appropriate insurance coverage as required by law, they are fully liable for all your civil damages. You could also have grounds for a civil suit against a third party if someone outside of your work directly caused your injury.
Most injured workers in the state can qualify to continue receiving disability benefits for their work-related injuries for up to 500 weeks. Once the worker is able to resume their previous job duties at full earning capacity, benefits will end. Alternatively, it is possible for injured workers to continue receiving benefits beyond 500 weeks if they are medically unable to return to work due to the severity of their injury.
It’s technically possible to file your claim for workers’ compensation benefits without an attorney, but you are far more likely to maximize your compensation when you have an experienced attorney helping you with your claim. Your attorney can manage your legal affairs so you can focus on your medical needs. If you have grounds for further legal recourse, such as a third-party personal injury claim, they can assist you with this as well.
Most workers’ compensation lawyers work on a contingency fee basis. This means the client only pays legal fees if and when their attorney wins compensation on their behalf. We charge no fees at all if the attorney loses the case, and when they win, the client only parts with a percentage of the total case award. This system makes legal counsel accessible to those who need it most, regardless of their financial situation.
Christina Rivenbark & Associates can help maximize the results of your impending workers’ compensation claim. Our team has years of experience guiding clients through the difficult workers’ compensation claim filing process and will do everything we can to streamline your case. Contact us today to learn more about the legal services we offer in a free consultation with our team.