If you are injured on the job, you may be entitled to compensation from your employer or its workers’ compensation insurance company.
The Legal Forum Radio Show – Aired 10-25-14 – Workers’ Compensation
Tippens & Zurosky
The citizens of North Carolina go to work every day to support themselves, and their families in a variety of jobs including construction, manufacturing, shipping and receiving, distributing, health care, office work, and being employed with a county, city, or the State of North Carolina. Whether an employee lives in Charlotte, Matthews, Monroe, Gastonia, or anywhere in the foothills or mountains of North Carolina, their usual routine is the same: go to work, come home safely without getting hurt, and in the process support themselves, and their families. But, when a North Carolina resident gets hurt on the job, this routine gets interrupted, and life changes all too fast. The workers compensation attorneys at Tippens & Zurosky can help.
If you are hurt on the job in North Carolina, whether you work in Charlotte, or somewhere else in the state, you may be entitled to workers’ compensation benefits from your employer, or its workers’ compensation insurance company. The North Carolina Workers’ Compensation lawyers of Tippens and Zurosky can help you get these benefits. The workers’ compensation laws of North Carolina provide that if an employee is hurt on the job, an employer or their insurance company has to pay an injured worker’s medical bills, weekly checks called temporary total disability if an injury prevents a worker from working, and compensation for a permanent injury. The Workers’ Compensation laws of North Carolina can be very confusing for an injured worker. There are many types of on the job injuries that are considered workers’ compensation claims including but not limited to:
- Truck Accidents That Happens On The Job
- Motor Vehicle Accidents That Happen On The job
- Construction Site Accidents
- Lifting Accidents
- Repetitive Motion Injuries Such As Carpal Tunnel Syndrome
- Slips, Trips, and Falls That Happen On The Job
- Industrial Accidents
- Manufacturing or Plant Accidents
- Burns or Scarring that Happens on the Job
- Injuries That Occur When Your Co-employee Injures You
- Other Accidents That Happen At Work That Result In A Permanent Injury
- Workers’ Comp Third Party Claims
- Back Injuries On The Job
Tippens & Zurosky Can Help. Call Today 704-343-0018
The attorneys of Tippens & Zurosky represent injured workers in workers’ compensation cases all over North Carolina and South Carolina. If you are involved in an on the job accident, let us help you get the compensation you deserve. Over the years, our North Carolina workers’ compensation clients have included construction workers, plant workers, machine operators, nurses, certified nursing assistants, local and long haul drivers, health care workers, city, state and county workers, electricians, heavy equipment operators, landscapers, office workers, and factory workers among many others.
If you are injured on the job in North Carolina, it is crucial that you report your injury immediately. In North Carolina, you have 30 days to report your injury to your employer in writing. This deadline may be excused if you have a reasonable excuse for not giving written notice. In North Carolina, your claim must be filed with the North Carolina Workers’ Compensation Commission within two years in order for you to receive compensation. If your claim is accepted by your employer, the employer will typically report your claim to the North Carolina Industrial Commission, the state agency that regulates workers’ compensation. However, if your employer denies your claim, or does not file it, you can file it yourself, or let the North Carolina Workers Compensation attorneys of Tippens and Zurosky help you.
What should you do if your North Carolina workers’ compensation claim is denied? If you are injured on the job in North Carolina, and your employer, or their insurance company denies your claim, call the North Carolina workers’ compensation attorneys at Tippens and Zurosky. Insurance companies employ adjusters who are trained to minimize or deny your case, and save the insurance company money. Let the North Carolina Workers Compensation attorneys of Tippens and Zurosky be your voice, and let our years of experience even the playing field.
Why Are North Carolina Workers’ Compensation Claims Denied?
The Claim Was Reported Too Late
Employers will often deny an employees’ workers’ compensation claim by telling them that they reported it too late, which might actually only be a day, or a week after the injury happened. In North Carolina, you have 30 days to report your injury to your employer in writing. This deadline may be excused if you have a reasonable excuse for not giving your employer written notice. Sometimes an employer is just not aware of what the law is regarding reporting an injury on the job, but just as often an unethical manager, or supervisor purposely gives the injured worker wrong information so that the lost time accident is not documented as happening on their watch. Some companies tie in manager, or supervisor bonuses with the amount of lost time accidents, so the manager becomes motivated to get an injured worker’s claim denied for their own personal financial gain. Our workers’ comp attorneys can help you get the compensation you deserve.
For a Pre-Existing Condition
We have seen many instances where an injured employee with a previously hurt back, or neck, has their claim denied because they are told their condition was “pre-existing.” Just because your employer denies your claim because you had hurt the same body part before doesn’t mean you do not have a compensable claim. North Carolina workers’ compensation laws state that you can still receive workers’ compensation benefits if a new on the job injury aggravated, exacerbated, accelerated, or made worse your previous injury. Sometimes this answer comes down to what your treating physician has to say on this issue, and it is necessary for your attorney to ask detailed, very specific questions of your doctor to figure it all out. Please call the North Carolina workers’ compensation attorneys at Tippens and Zurosky, if this has happened to you.
The “Negligence” of the Injured Worker
North Carolina Workers’ Compensation is a no fault system, meaning that unless you tried to intentionally hurt yourself on the job, or were under the influence of drugs or alcohol when you got hurt, your claim cannot be denied by your employer for what you did, or failed to do. But unfortunately, this does not stop some employers from telling you that you are the reason you got hurt, and therefore can’t file a North Carolina workers’ compensation claim. For example, you should have seen that oil on the floor, and not slipped and fallen and broken your ankle. Sometimes in this circumstance, the injured worker is then encouraged to just file it under the company health insurance and not even report it to the workers’ compensation insurance carrier.
Independent Contractor versus Employee
North Carolina workers’ compensation law concerning whether someone is an independent contractor, or an employee, depends on factors such as who furnishes the equipment, or tools for the work, who is in control of the work being done, who has the right to hire and fire, and the means of payment, for example hourly versus by the piece, or job. Regardless of how these factors actually apply to your job, your employer may try to deny your claim saying that you are an independent contractor not an employee, and thus “don’t work for them.” Employers do this to avoid paying workers’ compensation benefits which are just for employees. Please call the North Carolina workers’ compensation attorneys at Tippens and Zurosky, to see if your job factors prove that you were an employee, not an independent contractor.
Injuries Off Site or Off the Clock
North Carolina workers’ compensation laws define work-related injuries very broadly, and just because you got hurt off site, or after hours doesn’t mean that you don’t have a valid workers’ compensation claim. Employers may deny your workers’ compensation claim stating because you got hurt away from the actual work site, or after the normal working hours that your injury is not covered by workers’ compensation. These situations are very fact specific so call the North Carolina workers’ compensation attorneys at Tippens and Zurosky, to see if your case was improperly denied.
They Fired Me! Can I Still File Workers’ Compensation?
One of the most common misconceptions is that if your employer fires you from your job this either stops workers’ compensation if it has been started, or prevents you from getting any workers’ compensation benefits at all. Even if you are terminated, your employer may still be responsible for paying your medicals bills, time out of work, and compensation for a permanent injury. Even though misconception is NOT true, we hear from clients all too often who have told us that their employer fired them, and then told them they cannot file workers’ compensation! If you are hurt on the job, make sure you get a written accident report if at all possible! If your employer fires you on the spot, and refuses to assist in getting you medical care, seek the medical care you need, and make sure to tell the medical provider that you got hurt at work!
So, if you have been hurt on the job and then terminated, seek the medical care you need, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim! Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, who can fight for your rights during this often long and difficult workers’ compensation process. Call us toll-free at 877-872-3580, or at 704-343-0018, for a free consultation. Let us help you!
The Human Element
The North Carolina workers’ compensation attorneys of Tippens and Zurosky have seen denials of workers’ compensation claims for reasons completely out of the control of the injured worker, including but not limited to the following. We have seen cases denied due to a history of personal conflicts between employees and their supervisors, or managers. We have seen denials issued because the employer simply told the insurance company to deny the claim. We have seen denials issued because of inadequate investigation by insurance adjusters. We have seen denials issued by a company trying to prevent one workers’ compensation claim from leading to a flood of them. The North Carolina workers’ compensation attorneys at Tippens and Zurosky have also unfortunately encountered situations where cases have been denied by an employer, or an insurance company without any reason that passed legal muster. Just because. If your North Carolina workers’ compensation claim has been denied for any reason, call the North Carolina workers’ compensation attorneys at Tippens and Zurosky, to see if your case was improperly denied.
Please contact us toll free at (877) 872-3580 to speak with one of our attorneys for a FREE consultation.
Why should I hire an attorney?
Tippens & Zurosky attorneys are knowledgeable, personable, and have the legal expertise to represent people that have been injured in auto accidents, or hurt on the job against the insurance companies that have adjusters, attorneys and investigators working for them. We work for you!
Do you make house calls and hospital calls?
Tippens & Zurosky makes visits to homes, businesses, and hospitals, and our attorneys are also available to meet with clients on weekends.
Who will help me through the steps of my case?
Our attorneys are very hands-on and are available to answer client questions along with our well-trained and friendly staff.