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Wilmington Workers’ Compensation Lawyer

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Wilmington Workers’ Compensation Lawyer

Making A Difference For Injured Workers in Wilmington, North Carolina

If you have been hurt while performing your job, you probably have a valid workers’ compensation insurance claim — and it may be important to take other legal action as well. We know this can be intimidating when you must also focus on dealing with your pain, medical care, and uncertainty about your income.

Helping workplace injury victims is a major focus at our law firm. Our principal attorney Christina Rivenbark & Associates has made winning maximum compensation for construction workers, factory workers and other hardworking people a priority for more than 30 years. For personal attention to your needs, please call or email us now. We will evaluate your case for free, charging no attorney fees unless you receive benefits.

Why Should I Hire A Wilmington Workers’ Compensation Lawyer?

You might think that your workers’ compensation claim will be a straightforward process. Still, the reality is that many injured workers in North Carolina encounter significant challenges as they strive to obtain the benefits they need after workplace injuries. An experienced Wilmington workers’ compensation attorney can make your claim process much easier and significantly improve your chances of success with your claim. In addition, if any issues arise during the claim process, or if you encounter unexpected resistance from an employer or an insurance company, your attorney can assist with these issues as well.

Many injured workers may also have grounds for legal action outside of the workers’ compensation system. While North Carolina law generally prohibits injured workers from suing their employers for workplace injuries, you may have grounds for a personal injury claim against a third party responsible for your injury. For the best chance of obtaining your workers’ compensation benefits as quickly as possible after a workplace injury, it’s vital to secure legal counsel from an experienced Wilmington workers’ compensation lawyer as soon as possible.

Our experienced workers’ compensation attorneys can help you answer frequently asked comp questions like:

  • Are my wage benefits calculated correctly?
  • What’s the time frame for reporting my injury to the employer and the Industrial Commission (IC)?
  • How do I report a claim to my employer?
  • What benefits am I entitled to in an accepted claim (medical, wages, etc.)?
  • Am I eligible for total temporary disability (TTD) payments?

It’s natural to feel desperate and uncertain after a workplace injury, especially if you contend with expensive medical bills and lost wages due to your inability to work. However, workers’ compensation exists to provide an invaluable lifeline to workers injured on the job. We can help you take full advantage of the benefits available to you after your injury.

Personal Attention From An Experienced Lawyer For Workers

Whatever your employer or a human resources representative may tell you, having our experienced attorney on your side can make a real difference when you have a workers’ compensation claim. The reasons include:

  • Although you are not suing anyone when you file a work comp claim, you could encounter a claim denial, insistence that you return to work too soon, or problems with denied or delayed benefits.
  • Whether your skills are in construction, manufacturing, transportation, or some other area other than office work, you can trust our legal team to explain the process clearly and handle forms, any hearings, and required interactions with your doctors.
  • We may be able to help you get benefits even if you have been getting paid in cash or as a “1099” worker rather than as a full-fledged, full-time employee.
  • Should your claim be denied or disputed, attorney Rivenbark will take action quickly and decisively, with your best interests always in view.

Our team will carefully evaluate every aspect of your claim and guide you through the workers’ compensation system. If your claim requires settling a dispute with an insurance company, we have years of experience handling complex insurance claims. We will ensure you receive the benefits you are legally entitled to claim after a workplace injury.

How Are Workers’ Compensation Benefits Determined?

The North Carolina Industrial Commission (NCIC) requires workers’ compensation insurance carriers to offer different levels of benefits that fluctuate based on the severity of an injury and whether an injury prevents the victim from going back to work for an extended time or indefinitely. As a result, workers’ compensation benefits in North Carolina function on a temporary or permanent basis and are awarded in “partial” or “total” designations.

If you cannot work at all because of your injury and the permanent damage it caused, you can qualify for permanent total disability benefits. If you can return to work after you heal, you can receive temporary total disability benefits. If you can return to work, but your injury prevents you from earning as much as you did before your injury, you can qualify for partial temporary disability benefits. If your injury prevents you from resuming your previous job duties, but you can still work, you will likely qualify for permanent partial disability benefits.

What Happens If I’m Injured Outside of My Workplace?

Many people do not work in one place every day, and travel is a critical job duty for many people working in North Carolina. If you sustained an injury while performing job duties, it does not matter if you were in your usual workspace or not. For example, if you work in construction and were delivering tools to a job site when a negligent driver hit your vehicle and injured you, this still qualifies as a work-related injury and thus makes you eligible to claim workers’ compensation benefits. However, if a third party outside of your workplace caused your work-related injury, you can take further legal action beyond a workers’ compensation claim.

Workers’ compensation benefits typically include coverage of all the medical treatment you require to heal from your injury and manage your symptoms. If you cannot work while you recover, or if you develop a disability from your injury, you can qualify for disability benefits that will pay you roughly two-thirds of your average weekly wage for a predetermined period. Some individuals will qualify for permanent disability benefits on a total or partial basis, depending on the severity of their injuries.

Your Wilmington workers’ compensation lawyer is the best resource to consult if you believe you have grounds for legal action beyond a workers’ compensation claim. Christina Rivenbark & Associates has extensive experience with workers’ compensation claims and third-party personal injury claims. We will carefully evaluate your situation to determine the full scope of your legal options.

FAQs About Wilmington, NC Workers’ Comp Law

Were you injured at work? Did your boss tell you that you are not covered by workers’ compensation? After a work-related accident or illness, you likely have questions.

At the law firm of Christina Rivenbark & Associates in Wilmington, North Carolina, we have answers for you. Our lawyers and staff are committed to helping you understand your rights and how work comp works.

Don’t Believe Everything You Hear

Many injured workers are told they are not entitled to work comp benefits. This is often a lie. Don’t let myths, misunderstandings or misperceptions keep you from collecting the benefits you deserve.

You may still be able to get work comp benefits even if:

  • You are paid cash.
  • You receive a 1099, not a W-2.
  • Your boss says you are not entitled to benefits.
  • You are an undocumented worker.
  • Your employer doesn’t carry workers’ compensation insurance.

If you wonder about your ability to collect work comp benefits, don’t believe what other says. Call us at 910-251-8080 to talk to a workers’ compensation attorney for free, or you may contact us online.

Common Questions About Work-related Injuries

Do I Have To Hire A Wilmington Workers’ Compensation Lawyer?

Technically, it’s possible to handle a workers’ compensation claim without a lawyer. However, the best way to streamline your claim proceedings and increase the chance of maximizing your benefit determination is to have a Wilmington workers’ compensation lawyer help you with your claim.

Will Workers’ Comp Payments Stop When I Return To Work?

Your workers’ compensation benefits hinge on the severity of your injury and whether you can resume your previous job duties. Some claimants will qualify for partial disability benefits if they cannot earn as much as they did before their injury or if they are unable to resume their previous job. When partial disability benefits are available, they typically last for a period determined by the insurance carrier. Workers’ compensation benefits only continue indefinitely when an injured worker is left permanently disabled and cannot work at all in the future due to their injury.

How Much Do Workers’ Comp Lawyers Charge in Wilmington, NC?

Most workers’ compensation attorneys will charge their clients by the hour. The more time they spend working on a client’s case, the more they will pay in legal fees. If you have reservations about the potential cost of legal representation for your workers’ compensation claim, ask your attorney to clarify their billing policy, so you know exactly what to expect.

What Should You Ask When Hiring A Workers’ Compensation Attorney in Wilmington?

Ask a potential attorney about their experience handling cases similar to yours. A good Wilmington workers’ compensation lawyer should be able to quickly identify the unique aspects of your case and any challenges you might encounter as you work toward securing the benefits you need. You should also ask the attorney about how much time they anticipate spending on your case so you have an idea of what your legal fees will cost.

What does workers’ compensation pay for?

Work comp benefits pay your doctor bills and other medical expenses, a portion of your lost wages and provide you with a cash settlement based on the extent of your on-the-job injury. Workers’ comp also provides death benefits to surviving family members in the event of a work-related fatality.

I was injured at work. What do I do now?

If you are injured on the job, you have the right to see a doctor and get medical treatment for your injuries. You also have the right to file a claim for workers’ compensation benefits. Don’t let anyone else tell you otherwise.

My employer says I can’t get workers’ comp benefits. Who should I believe?

Many employers try to save money by paying workers in cash or saying they are independent contractors. Their attempts to get around workers’ compensation laws are illegal. However, during the claim process, it may be revealed that you are really working as an employee, so you can get the benefits and cash settlement you deserve.

Does my immigration status affect my rights to benefits?

Undocumented or “illegal” immigrants are still entitled to work comp benefits in North Carolina.

What if my employer does not have workers’ compensation insurance?

If your employer does not have workers’ compensation insurance, and you are injured while working, you still may get compensation for the injuries and lost wages you suffered. Social security benefits may be an option for you.

Should I have a lawyer to help me?

It can be very hard to get the benefits you deserve even when it is clear you were hurt at work. A lawyer will fight for you at every step of the way and help you prove that you deserve work comp benefits. Also, if someone else caused your injury, your lawyer can help determine who is at fault and file a personal injury claim against that party as well.

How is my work comp attorney paid?

Your attorney is paid only if you obtain work comp benefits and is limited to only a portion of what you receive. This means it doesn’t cost you anything to call a lawyer to have your questions answered.

What should I do if my workers’ comp claim is denied?

If your claim is denied, your fight for benefits is not over. A lawyer can help you determine what options you may have.

Many Legitimate Claims Are Never Filed

Don’t be one of many injured or sick workers who were told they didn’t have a right to:

  • See a doctor
  • Receive a cash settlement
  • Get paid a portion of their wages while they were unable to work

The law firm of Christina Rivenbark & Associates may be able to help get you benefits when others say it can’t be done. Contact us today to learn more about your rights and your options.

You Can Trust Us To Protect Your Rights And Consider All Legal Options

We will hear you out on all you remember about your accident and back injury, neck injury or other disabling condition. We will investigate, if necessary, to uncover all possible sources of financial support. If someone other than your employer — a subcontractor or equipment manufacturer, for example — is legally liable for your injury, a “third-party” personal injury lawsuit may have substantially greater value than your work comp claim.

Contact us today to schedule a free, personal consultation with an experienced Wilmington workers’ compensation lawyer. Call us at 910-251-8080 or send us an email online.

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