Most people working in Wilmington and throughout North Carolina are familiar with the state’s workers’ compensation system. Whenever an employee suffers an injury while working, they can file a claim for workers’ compensation benefits that can help them recover, offsetting the financial impact of medical expenses and inability to work. However, while most are aware that workers’ compensation applies to acute traumatic injuries, they may not know that stress-related injuries are compensable as well.
If you develop any type of stress-related injury from your work, whether it is a mental health condition resulting from job-related stress or a physical repetitive stress injury, you are likely covered by your employer’s insurance policy. However, you could face a challenging process of proving that your condition directly resulted from work and not some other cause.
Christina Rivenbark & Associates can provide the comprehensive legal counsel you will need to succeed with any stress-related work injury claim. Our firm has successfully helped many past clients recover the benefits they needed to recover from their work-related injuries, and we can put this experience to work for you.
The North Carolina Workers’ Compensation Act requires almost every employer in the state to have workers’ compensation insurance, and almost all employees are covered. If any injury occurs in the workplace while an employee is performing their job duties, they are entitled to claim workers’ compensation benefits to help them recover. It is important to remember this applies to acquired medical conditions and injuries that manifest over time, and not just acute traumatic injuries.
If you develop a repetitive stress injury or any mental health condition from work-related stress that interferes with your ability to work, a Wilmington workers’ compensation attorney can help file your claim for benefits. A successful workers’ compensation claim will typically yield two types of benefits for the claimant. First, they can secure compensation for any medical expenses they incur for treatment of their injuries. Second, they can receive ongoing disability benefits if their earning power has been diminished by their injury.
A repetitive stress injury or similar condition could require extensive ongoing rehabilitative care. During this time, the injured worker may not be able to earn as much income and can qualify for partial disability benefits. These benefits offset the difference in their earnings until they are back to full functional capacity. Alternatively, if a work-related stress injury leaves them completely unable to work while they recover, they can receive temporary total disability benefits until they are able to return to work.
Christina Rivenbark & Associates can work closely with you to help file your claim for benefits as efficiently as possible. If you encounter any disputes with your employer and/or their insurance carrier, we will help resolve these issues as swiftly as possible and assist you in securing the full amount of benefits you deserve under state law.
One of the most common challenges injured workers face, especially when they sustained work-related stress injuries, is proving that their injuries resulted from work and not some other cause. You will need to undergo a medical evaluation as part of the workers’ compensation claim filing process, but you may also require further medical review to support your case. Your Wilmington workers’ compensation attorney will know what records and evidence you may need to produce to prove your condition is the result of your work and not some other cause.
There is a two-year statute of limitations on workers’ compensation claims in the state, so you must file your claim within two years of the date an injury occurred. However, when it comes to repetitive stress injuries, the symptoms of these injuries often manifest gradually over time. Typically, the date that you discover your symptoms are interfering with your ability to work will be the date from which the statute of limitations begins.
Repetitive stress injuries occur from repeated physical tasks that strain-specific parts of the body. However, if work-related stress has caused a mental health condition, you have the right to file a claim for this as well. You must be prepared to prove that your condition arose directly from your work-related duties and not some other cause. An experienced attorney can help gather the evidence you may need to prove your case.
Nothing requires you to hire legal representation to help you with your workers’ compensation claim. However, having an attorney you can trust on your side can significantly improve your chances of reaching a positive outcome and securing the maximum amount of benefits you legally deserve. Additionally, if you have grounds for further legal recourse, you will be better prepared to address these issues as well.
The attorneys at Christina Rivenbark & Associates make it simple to get the legal counsel you need for your workers’ compensation case without incurring expensive legal fees. We take these cases on a contingency fee basis, so we charge no fee if we are unable to secure compensation on your behalf. If we win a settlement for your stress injury at work, we only take a percentage of the total amount recovered.
The team at Christina Rivenbark & Associates has years of professional experience handling all types of workers’ compensation claims for our clients in the Wilmington area, including those pertaining to repetitive stress injuries. We know how difficult it may be to prove that your condition directly resulted from work and the challenges you may face in the claim filing process. If you are ready to speak with an experienced Wilmington workers’ compensation attorney about your legal options, contact us today to schedule your free consultation with our team.