Types of Workers’ Compensation
Injured or ill workers in North Carolina could be entitled to a variety of disability benefits. These include:
- Temporary Total Disability (TTD): These benefits are for workers who are temporarily out of work due to an injury. They can be paid after 7 days and can last up to 500 weeks.
- Temporary Partial Disability (TPD):Available when an employee can still work while injured, but with restrictions that limit his or her earnings. Workers are entitled to 66⅔ percent of the difference between their average weekly wage (AWW) pre-injury and post-injury.
- Permanent Partial Disability (PPD): Some workplace injuries have lasting effects. Workers who reach maximum medical improvement (MMI) but are still impaired can receive North Carolina workers’ comp benefits for a period of time, depending on the type of injury they have.
- Permanent Total Disability (PTD): Employees whose injuries prevent them from working again are considered permanently disabled under N.C. workers’ comp law. They can receive partial wage replacement and medical care for the rest of their lives.
Qualifying for any of these benefits will require strong proof of injury. Our knowledgeable workers’ comp lawyers know what it takes to craft a strong case for maximum benefits. Let us assist you so that you have the support you need while you heal.
Unsure of whether you qualify for TTD, TPD, PPD, or PTD? Contact Stewart Law Offices for a free consultation.
What Do Workers’ Compensation Lawyers Do?
A workers’ compensation attorney has one job — to help clients obtain the full amount of benefits that they are entitled to. The path to getting those benefits is different for every client.
At Stewart Law Offices, our skilled attorneys provide comprehensive representation from start to finish. We will:
- Evaluate your case during a free, no-obligation consultation
- Provide honest feedback about your eligibility for benefits
- Investigate your claim to find out what caused your workplace accident or illness
- Prepare and file your claim for workers’ compensation benefits
- Determine whether any third parties could be held liable through a personal injury lawsuit
- Gather testimony from physicians, vocational rehabilitation representatives and other witnesses to support your workers’ compensation claim
- Represent you in settlement negotiations with the insurance company
- Prepare and handle any appeals before the North Carolina Industrial Commission (NCIC)
We can assist you no matter where you are in the workers’ compensation process. Contact us right away get started.
When to Hire a Workers’ Compensation Attorney
It’s not always necessary to have a workers’ compensation lawyer. Getting benefits for minor job illnesses and injuries can often be resolved effectively between a worker and the employer’s insurance company.
However, there are instances when having a seasoned workers’ comp attorney by your side is important. Consider hiring a lawyer if:
- You don’t know if you qualify for workers’ compensation.
- Your injuries are severe and life-changing.
- You don’t know if your employer is fulfilling its obligations to you in reporting and responding to your injury or illness.
- You have already been denied N.C. workers’ comp benefits.
- Your employer (or its insurance carrier) is trying to place blame on you.
- You believe that another party could be at fault for your injury.
- You are uncomfortable with the medical care you received from the provider the insurance company directed you to see.
- Your employer is not complying with your medical restrictions.
Getting workers’ compensation benefits shouldn’t be a struggle. Let Stewart Law Offices take up the fight for you. Call us now for the help you need and deserve.
What Happens If a Claim Is Denied?
Don’t lose heart if your claim has been denied. Our Lake Norman workers’ compensation attorneys can review your claim and identify what is needed to strengthen your case if you want to appeal.
There is a specific protocol for filing an appeal in North Carolina workers’ compensation cases. You must:
- Notify the N.C. Industrial Commission that you plan to appeal within 14 days of receiving the denial.
- Meet with a mediator. This is a meeting between you, your attorney and a representative from your employer’s insurance company. The mediator listens to both sides of the case and will make a recommendation to the Industrial Commission.
- If you disagree with the mediator, you can request a hearing before an administrative law judge.
- The hearing will be like a trial, where both parties will present evidence to justify their positions. The judge will make a decision. If you still are not happy with the decision, you can appeal further to a panel of three administrative law judges.
A workers’ compensation case can be appealed up to the N.C. Supreme Court, although they rarely go that far.
Although an attorney is not required for any part of the workers’ compensation appeals process, it’s highly recommended that you hire one. Clients who represent themselves in legal matters have lower success rates compared to those who obtain legal counsel.
Our Lake Norman lawyers will work tirelessly to achieve the best possible outcome for your workers’ compensation claim. Call to schedule a free consultation today.
About Stewart Law Offices
You’ll feel at home at Stewart Law Offices. Attorney Brent Stewart founded the firm over 30 years ago with the vision to treat clients like family. As we’ve grown into five offices across both Carolinas, we’ve never strayed from that goal.
Working with our legal team will never feel cold or impersonal. We’ll know your name and will be ready to meet your needs whenever you call. We know how important your case is to you, because it’s just as important to us.
Don’t wait to get the professional and quality legal help you are entitled to. Choose Stewart Law Offices today.