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Were you injured on the job? Have you been diagnosed with cancer or another disease or illness from exposure to toxins at work? Is your employer or its insurance company pressuring you to return to work before you are fully recovered? Financial challenges with missed work, mounting medical expenses and your family's financial future can be overwhelming. Seek the advice of an experienced North Carolina workers' compensation attorney before you give up important rights.

Helping You Understand Your Rights Following A Work Injury

At Martin & Jones, we understand the difficulties and uncertainties you face after a workplace accident or illness. Our lawyers have an intimate knowledge and understanding of workers' compensation laws in North Carolina. We will diligently pursue your rights, helping you rebuild your life and providing you with hope for the future of your family.

As an injured worker, you may be entitled to disability benefits. The amount of benefits depends on whether your disability is temporary or permanent, and whether your injuries partially or totally disable you.

You may also have rights to medical treatment following an injury or illness sustained while performing your work duties. Depending on your needs, you may be entitled to medical compensation for:

Hospitalization

Surgery

Rehabilitative care

Prescription medications

Vocational rehabilitation services

Long-term care

Different types of injuries and illnesses may entitle you to different rights. If you are a railroad worker, Federal Employers Liability Act (FELA) rights allow you to bring a claim directly against the railroad company if the railroad's negligence caused your injury.

Even if the effects of your exposure to hazardous materials and toxins at work do not appear until many years after you change jobs or retire, you may still be entitled to additional compensation through a personal injury lawsuit, referred to as a third-party claim. A third-party claim may also help with your monetary recovery if you are injured in an accident on a construction site. Don't try to figure out if you have a claim on your own. Schedule a consultation with a North Carolina workers compensation lawyer and learn your legal options.

Questions about Workers' Compensation
Contact Us for Answers
What is the North Carolina Industrial Commission?

The N.C. Industrial Commission is the state agency which regulates and oversees workers' compensation claims filed in North Carolina.

The Commission also offers an information specialist to assist people who call for information. The specialist's telephone number is 800.688.8349 or 919.807.2501.

Statute of Limitations for Workers Comp Claims in North Carolina

You must give written notice to your employer immediately or within thirty days after the accident. Even if your employer is aware that the injury occurred, you should ask to fill out an incident report so that there is documentation of this notice. If you have a reasonable excuse for failing to give the thirty-day written notice, this requirement can be waived.

Your claim must be filed with the N.C. Industrial Commission with the filing of Industrial Commission Form 18. If Form 18 is not filled out, the claim may be forever barred unless the employer intentionally engaged in actions to mislead you about your rights to pursue workers' compensation.

In an occupational disease case, an employee must file a workers' compensation claim with the Industrial Commission.

What Makes My Injury Eligible for Workers Compensation?

For an injury to be compensable and covered by workers' compensation it must have been (1) caused by an accident, (2) arising out of, and (3) in the course of your employment. The first requirement, that the injury was caused by an accident, applies unless it is a back injury or a hernia. Accidents are a slip, trip, fall, or some event which breaks the normal work routine. A back injury is usually compensable even if it happens when normal job duties are being performed.

The injury must also arise out of and in the course of the employment. The injury must be one for which the risk is identifiable with the job, and it must occur at a place and during a period of time in which the employer's business is being furthered. This is commonly known as the time, place and circumstances of injury.

The Potential to Sue Your Employer

You may not sue your employer for ordinary negligence if your claim is covered by workers' compensation. The exclusive remedy provision of the Workers' Compensation Act protects employers from direct suits by their employees for on-the-job injuries where the employer contributed to the accident.

However, if the employer intentionally engages in misconduct knowing with substantial certainty that serious bodily injury or death could result, then you may sue. Also, if the employer intentionally harms the employee, then the employer can be sued.

Otherwise, an ordinary negligence suit against the employer is not permitted. Please note, if a third party outside of the company causes the injury, then you can sue that third party.

Additionally, if your employer has retaliated against you for pursuing a workers' compensation claim, you should contact the North Carolina Department of Labor. Retaliation can also include other types of adverse action, such as suspension or demotion.

Understanding Workers' Compensation Settlements in North Carolina

Typically, workers' compensation benefits are paid weekly. In some cases, however, the insurer may decide to pay a lump sum settlement, resulting in a one-time payment that is intended to cover your lost income and medical needs for the remainder of your disability. These settlements are often referred to as "clincher agreements" or more formally as "compromise settlement agreements." They are typically offered in situations where the worker has suffered a total or partial permanent disability, and often after the worker has already been receiving benefits for several weeks or months.

For many disabled workers, a settlement is certainly attractive. One reason is that workers' compensation covers only two-thirds of your weekly income, so a lump-sum settlement often provides peace of mind that you will be able to pay your bills for the foreseeable future without having to worry about your benefits being terminated. Settling your workers' compensation claim may not always be beneficial. An experienced injury at work lawyer can help you understand your options.

The Potential Downsides of a Workers' Compensation Settlement

Ultimately, it is important to understand that accepting the settlement significantly limits your right to pursue any additional compensation in the future. In most cases, you will not be able to pursue any additional compensation at all. In addition, you need to be careful that the amount offered to settle your claim is fair and reasonable. Insurance companies often seek to settle workers' comp claims because they want to reduce the amount they will pay over time.

If you have been offered a lump sum settlement, we strongly recommend that you contact a Raleigh at work injury lawyer. They can evaluate the offer, explain your options, and negotiate a more appropriate settlement if necessary.

Am I Obligated to Settle My Workers' Compensation Claim?

You are not obligated to accept a settlement of your claim. You always have the right to reject the settlement and continue to receive your weekly benefits. Before accepting or rejecting the settlement, however, you should seek advice from a North Carolina worker's compensation lawyer. They can provide guidance as to whether or not the settlement is fair and perhaps negotiate for a higher amount while you continue to receive your weekly benefits.

Do All Workers' Compensation Claims Eventually Settle?

Many workers' compensation cases in North Carolina do not settle. Insurance companies are not obligated to settle claims.

How Do I Know If The Settlement Offer is Fair?

The settlement value of your claim depends on many factors, including the following:

The severity of your injury or illness

Your impairment rating

The duration of potential benefits

The cost of your future medical treatment

Your decreased earning capacity

Determining whether a settlement offer is fair requires a complex analysis. An oversight can lead to considerable financial hardship. We recommend that you work with a work injury lawyer if you have been offered a settlement.

Experienced Legal Guidance and Free Consultations with Top North Carolina Workers' Comp Attorneys

The workers compensation law firm of Martin & Jones have been helping injury victims in North Carolina since 1982. Send us an email or call us today at 1-800-662-1234 to schedule a free consultation in our Raleigh office, Durham, or Wilmington.

Need A Personal Injury Lawyer?

Helping injured people is what we do. Contact us today for a free consultation to find out how we can help you.

Hear it from our clients

"We hired Martin & Jones in March 2015 and Steven Corriveau became our personal lawyer. Steven is a true professional who is understanding and easy to communicate with. He clearly explained the legal process to us. We are confident in the specific information, advice and feedback he gives us and know that he always has our best interest in the case. He responds quickly to our questions and concerns being available 24 hours a day. As our legal journey continues we look at the number of contacts we have with Steven. There have been 52 plus phone calls and conversations, 50 plus emails, 3 plus personal meetings, and 18 plus legal documents. We are honored to have such a caring lawyer as Steven in a stressful situation, in which he makes the process less difficult. We highly recommend Steven Corriveau who is great, intelligent, persistent and will deliver to the client. Our expectations are very high and Steven is the best."

- Ronnie & Patricia

"We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I'm glad I did."

"I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven's pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike's care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks."

"Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents."

"Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed us through you. May God bless you."

- Connie, whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma

"Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best."

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If you are injured on the job, you may have a claim. A North Carolina workers' compensation attorney can help, contact us today

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Common Delay Tactics for Workers’ Comp Claims

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Common Delay Tactics for Workers’ Comp Claims

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Workers' compensation is a no-fault insurance benefit for workers who are unable to work due to an employment-related injury or illness. Because you do not need to prove that your injury or illness was caused by your employer or anyone else, your benefits should be paid promptly when you need to make a claim. Unfortunately, this is not always the case. Employers and their insurance companies will look for ways to stall the process in order to pressure you to abandon your claim and return to work before you are unable to. An experienced workers' compensation attorney can help you get the benefits you deserve if you have suffered a work-related injury or illness.

Unresponsiveness

The first delay tactic you may encounter is silence in response to your claim. Alternatively, they may return calls when you are likely to be unavailable. They may leave messages or reply to emails with vague, noncommittal answers or that simply ask you to call them back. This can not only be incredibly frustrating, but it also allows the employer and their insurance company to drag their feet in approving or denying your claim.

From the very start, the best thing to do is document all of your attempts to communicate with them. Jot down the date and time of your phone calls and messages and who you left a message for. Do not delete any emails you send or receive, as they can be powerful evidence of their unresponsiveness.

Asking for a Recorded or Signed Statement

Many workers' compensation insurance carriers will ask the injured worker to give a recorded statement or provide a signed, written statement as part of their investigation. While this sounds reasonable, the problem is that these statements will be used to create conflicting statements or confusion over the facts. In turn, this allows them to delay reaching a decision and can even be used to deny your claim. A recorded or signed statement can be damaging in the following ways:

The insurance adjuster may try to get you to admit facts or details to call into question whether your injury occurred while you were on the job and in the performance of your duties.

They may use the recorded statement to get you to disclose past accidents that are irrelevant to your claim.

They may use your statement to call into question the extent of your injuries.

They may use your statement to suggest that you are in a desperate financial situation.

They may use the statement to undermine your reliability, credibility, and trustworthiness.

You do not have to provide a recorded or signed statement to the insurance company in addition to any report or claim that has already been filed. If the insurance company is insisting on this point, you should seek legal counsel immediately.

Repeated and Unnecessary Medical Examinations

Another common delay tactic is to essentially dispute the initial disability determination. Insurance companies will do this by asking you to repeatedly undergo medical examinations in order to obtain a second opinion or to clarify the extent of your opinion. If the first doctor determines that you are disabled, that should be sufficient. Contact a workers' compensation lawyer if the insurance company seems to be subjecting you to unnecessary and repetitive medical examinations.

Offering a Light-Duty Position

Most injured workers cannot afford to be out of work and are, therefore, eager to return. Employers and their insurance companies may, therefore, offer you a light-duty job while you are recovering. This may seem like an ideal solution - you can work and continue to earn money while your claim is reviewed and approved. Unfortunately, the insurance company may use it to argue that your injuries do not prohibit you from working. This can create a dispute over your claim, leading to a delay in reaching a decision.

It is important to note that returning to work in a light-duty role can also jeopardize or reduce your current benefits if your claim has already been approved.

Authorization Delays

Generally speaking, medical treatment must be approved by the insurance company before it can proceed. Unfortunately, insurance companies will delay authorization for treatment by raising questions as to whether it is necessary. In other situations, the insurance company may simply take days or weeks to respond to the request for authorization. This can cause a great deal of stress and frustration for the worker as they cannot get the treatment they need, in addition to the pain and discomfort they are experiencing as a result of their injuries.

Payment Delays

Similar to authorization delays, insurance companies will also delay paying for medical treatment that has already been provided. They may dispute the treatment as unnecessary or claim that they are waiting for authorization to pay the bill. This can be an extremely stressful situation for workers who are worried that they will wind up having to foot the bill.

You might also experience delays in payment of your disability benefits . This can put you in financial difficulty, perhaps encouraging you to return to work before you are able to so that you can provide for your family. Workers who are not receiving timely disability benefits payments may be able to pursue a claim against the insurance company. If your insurance company is not paying your medical bills or your disability benefits in a timely fashion, contact a workers' compensation attorney for help.

Request to Review Your Medical Records

Insurance companies will also delay claims by combing through your medical records. The goal of this tactic is to suggest that your injury is the result of a prior accident unrelated to your job. Obviously, it is important for your doctor to be aware of your prior medical history, and you should be candid about prior injuries that you have suffered or if your accident at work aggravated an old injury. That said, insurance companies will try to use your medical records against you. You should contact a workers' compensation lawyer if your medical records are suddenly at issue.

For this reason, workers should be on guard for any requests to sign a blanket authorization to release their medical records. This will be used to obtain all of your medical records to be perhaps used against you. If the insurance company wants you to sign such an authorization, we recommend that you do not sign without first discussing it with a workers' compensation attorney.

Requesting Additional Information

The insurance company will need to gather a lot of information in order to process your claim. This includes information about your accident, your injuries, and the recommended treatment. Unfortunately, this is another aspect of the process that can get dragged out. One way insurance companies do this is by requesting this information one piece at a time, rather than consolidating their requests. For example, the insurance company might ask your doctor for their treatment records concerning your injuries, but then request information regarding the recommended treatment several days or weeks later.

Another tactic they use is to request additional information that is not necessary for processing your claim. For example, they may be in possession of the accident report which is consistent with your version of events and another witness. Regardless, insurance companies may then request a statement from your supervisor, even though they barely saw anything. Combined with the tactic described immediately above, this can cause significant delays in processing your claim. If you feel like your claim is stuck and not receiving the priority it should, a workers' compensation attorney can help push the process forward.

What Can I Do if The Insurance Company Is Delaying My Claim?

If you believe the insurance company is intentionally delaying your claim, the first thing to do is stay positive. Remember, you have a right to workers' compensation benefits under the law if you have suffered a work-related injury or illness. They are hoping that you will just give up so that they do not have to pay your claim. Even if they deny your claim, you have the right to an appeal. As a result, the best thing to do is keep pushing forward.

We also recommend that you meticulously document the process. As mentioned above, keep notes concerning the dates, times, and people you left messages for. Keep copies of all your emails. Take notes summarizing any conversations you have with insurance company representatives, your doctor, or your employer. These notes will be fundamental if you later have to hold the insurance company accountable.

The best thing you can do is reach out to a workers' compensation attorney for help. They can take over and push the process forward so that you can focus on your health.

Contact a Workers' Compensation Attorney at Martin & Jones Today

You do not have to leave your future in the hands of your employer or their insurance company. Get the help you need by contacting Martin & Jones - we know what it takes to get the benefits you deserve. Call us today at 800-662-1234 to schedule a free consultation.

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Common Delay Tactics for Workers' Comp Claims

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Facing delays with your workers' compensation claim? Don't settle for less. Contact us for expert assistance against insurance carriers.

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2530 Meridian Parkway, Suite 300 Durham, North Carolina 27713

800-662-1234

https://www.martinandjones.com

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Big Four Hazards in Construction | NC DOL

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#1. Falls When working 6 feet above the ground, or more, use personal fall arrest system (wear safety harness or install guardrails). When working on

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If you have suffered injuries from a construction site accident, you should speak with a Raleigh construction accident lawyer at Martin & Jones for information about your rights.

Construction Site Attorney for Accidents Throughout North Carolina

Every year, thousands of workers are seriously injured or killed while working on construction sites. Unfortunately, many injury victims - and surviving family members of those who suffered fatal injuries - fail to receive just compensation. Due to the legal complexities associated with construction accidents, seek the assistance of a Raleigh construction accident lawyer if you were injured at work.

Common Hazards of Construction Site Jobs Outlined by a Raleigh Construction Accident Lawyer

Construction workers regularly confront significant hazards on the job. They are required to lift heavy objects, work at dangerous heights, operate or be in the vicinity of heavy machinery and implements, and work with all sorts of materials that potentially put them in harm's way. For example, a worker on a construction site might become injured or even killed by:

A dangerous fall - Many construction sites require workers to work at considerable heights. There may also be open pits or trenches. Falls due to a lack of railings, signs, or other safety measures can result in serious injuries. Workers can also be injured in slip, trip, and fall accidents. Workers who have been injured in a fall should contact a Raleigh injury at work lawyer to discuss their options.

Being in the way of falling materials or debris - Another common hazard on construction sites is injuries arising from falling tools, equipment, steel beams, lumber, or other debris or materials. These accidents often occur due to inadequate safety measures or poor supervision on the worksite.

Falling scaffoldings - Scaffolding is common at many construction sites. Unfortunately, they can be poorly erected or negligently maintained. In other situations, the materials used in the scaffolding may be defective. When scaffolding fails, it can result in severe injuries to anyone on the scaffolding when it falls as well as to other workers on the ground and in the vicinity. A Raleigh construction accident lawyer can help you get the compensation you need if you have been injured by falling scaffolding.

Hazardous machinery - Saws, drills, pile drivers/borers, and other types of machinery cause a significant number of injuries. These accidents may be caused by missing safety features, negligent maintenance, or the machines themselves may be defective.

Working with heavy materials - Construction regularly involves lifting heavy objects and moving them into place. One of the most common injuries that occurs from working with heavy materials is back injuries. In addition, crushed feet, toes, and fingers are also common injuries when an object is dropped while being lifted.

Being exposed to toxic materials - Construction workers are commonly exposed to a number of toxic materials such as paint, stains, engine fumes, and other chemical substances. Failure to ensure that the workspace is adequately ventilated or failing to provide respirators or other devices can result in acute injuries. Over time, exposure to these toxic materials can result in a variety of long-term illnesses. If you are unable to work due to an injury or illness caused by exposure to toxic materials, you need to contact a Raleigh construction lawyer as soon as possible.

Working in a manner that requires repetitive motion - workers who spend a significant amount of time engaged in repetitive motions such as hammering or digging are at risk of repetitive motion injuries (RPI) such as tendonitis and nerve damage. These injuries tend to develop over time, so it can be difficult to diagnose when the injury occurred. If you are unable to work due to an RPI, a Raleigh injury at work lawyer can help you get the compensation you need.

Faulty electrical equipment or wires - Construction sites require electricity to run lights and other equipment. Unfortunately, the equipment can malfunction and exposed wires can result in electrocution. In other instances, workers may come into contact with overhead power lines that the supervisors have failed to mark. Faulty electrical equipment and power lines can result in severe injuries.

Crane accidents - cranes are used to lift materials, equipment, and other heavy objects to places high above the ground. Workers can be crushed and killed when the material falls or the crane collapses. These accidents are often caused by failing to properly secure loads or failing to ensure that the crane has been properly erected.

Vehicle accidents - At any given time, there can be several vehicles in motion on a construction site. Bulldozers, backhoes, compactors, excavators, pavers, forklifts, and other construction vehicles can cause serious injuries and even death when they are operated improperly and without regard to the safety of the individuals on the ground. Road construction workers are also at risk of being struck by negligent motorists driving through the construction zone. A Raleigh at work injury lawyer can help you pursue a claim if you have been injured in a vehicle accident on a construction site.

Structure collapses - Occasionally, the building under construction can collapse, often resulting in severe injuries and death to the construction workers on the site. These collapses can be due to a number of reasons including design defects, defective materials, or negligent construction practices. These cases can be extraordinarily complex. If you or a loved one has been involved in a structure collapse, we strongly recommend that you contact a Raleigh construction accident lawyer as soon as possible.

Explosions - explosions are more common on construction sites than you might expect. Gas leaks, electrical sparks, flammable materials, and even dust can ignite and explode in a moment. These explosions may be due to poor cleaning protocols, failure to properly maintain equipment, and failure to regularly inspect the work site for potential hazards. Explosions can result in severe burn injuries, dismemberment, and sometimes death.

Trench collapses - Unstable soil, flooding, or poor construction can lead to a trench collapse. A trench collapse can be devastating when workers are in the trench, resulting in serious injuries or suffocation. If you or a loved one has been injured or killed in a trench collapse, a Raleigh construction injury lawyer can help you get the compensation you need to rebuild your life.

All of these accidents can contribute to a host of serious injuries. Common injury claims from construction accidents include:

Any one of these injuries can be debilitating and leave you unable to work, due to temporary or permanent disability. Unfortunately, many construction accident victims suffer multiple injuries and often require hospitalization and extensive medical treatment. By working with a Raleigh construction lawyer, you can let them handle your claim so that you can focus on your recovery.

Depression, anxiety, and post-traumatic stress disorder (PTSD) are common among construction workers who have been seriously injured in a construction accident. You may be entitled to compensation for these conditions in addition to your physical injuries so that you can get the treatment you need to make a full recovery.

Am I Entitled to Workers' Compensation Benefits if I was Injured at a Construction Site?

If you have been injured in an accident while working at a construction job or while visiting a construction site during work, you may be entitled to worker's compensation benefits.

As a general rule, all employees in North Carolina (with limited exceptions) are covered under workers' compensation. This means that even if you are a temporary, seasonal, or part-time worker, you should be covered. Undocumented workers are covered under the law, as are most independent contractors. While a Raleigh construction accident lawyer will be able to assess your eligibility in your particular case, chances are good that if you are a construction worker that was injured on a construction site, you have the right to file for benefits under North Carolina's workers' compensation law.

Questions about Injuries to Construction Workers
Contact Us for Answers
Filing a Construction Accident Lawsuit with a Raleigh Construction Accident Lawyer

Being injured at work does not mean that a worker's compensation case is your only recourse for collecting damages. A Raleigh construction accident lawyer will review the circumstances surrounding your injuries and let you know whether you can pursue additional third party claims.

For instance, you may be entitled to file a personal injury action against parties or entities responsible for the accident or occurrence that resulted in harm. For example, under the laws covering negligence and product liability, you may be able to seek damages from the following:

Property owners

Developers

Architects

Insurance

Companies

General

Contractors

Subcontractors

Equipment manufacturers and producers

What To Do if You Have Been Injured in a Construction Accident

The moments and days following an accident can be vital to pursuing a claim. To the extent that you are able to, taking the following steps can protect your rights and improve the likelihood of a successful claim:

Report the accident and your injuries to your employer immediately following your accident. You want to make sure that your employer is aware of what happened, even if you are unsure whether or not you are injured. Hopefully, they will prepare an accident report that could be helpful in establishing important facts later on.

Seek guidance from your employer about getting medical treatment. Because they pay for the workers' compensation coverage, they have the right to direct your medical treatment. As a result, you should tell them when you report the accident that you want to get a medical exam and ask them for guidance. They will direct you to the medical provider who is covered by their workers' compensation insurance. This way, you will not have to pay for treatment out of pocket and it will simplify your claim if you need to pursue workers' compensation later.

Keep notes. Write down what happened when you were injured and who was present. Write down whatever details you can concerning your injuries, the limitations they have caused, and any pain that you are experiencing.

Report your injuries to your employer in writing. North Carolina law requires that you report your injuries to your employer no later than 30 days after the accident. If you fail to notify your employer, you may be unable to receive any workers' compensation. Reporting the accident and your injuries in writing establishes a written record and documents that you did your part.

Contact a Raleigh construction accident lawyer. A lawyer can explain your options to you and help you get the compensation you need as quickly as possible. While most construction accidents will be covered by workers' compensation, your lawyer can identify whether you might have a third-party claim. In addition, they can help you avoid common problems that workers experience with workers' compensation, streamlining the process so that you can get your benefits when you need them.

Workers' Compensation is a No-Fault Benefit

There are many employers and employees who are confused about what it means to file a workers' compensation claim. Workers' compensation provides coverage to injured workers regardless of who was at fault or even if no one was at fault. As a result, pursuing a workers' compensation claim does not mean you are claiming that your employer or your coworker was negligent or otherwise responsible for causing the accident. Workers' compensation pays medical and disability benefits based solely upon the fact that your injury occurred at work, arose out of your work, and in the course of performing your duties. For example, workers' compensation would most likely provide coverage in the following situations:

A coworker runs over your foot with a forklift

You are injured in a fall because your employer did not immediately replace a safety railing that had been removed for repair

You suffered an eye injury because you neglected to wear safety glasses while using a piece of machinery

An experienced Raleigh construction accident lawyer can help you navigate the workers' compensation claim process to make sure you get the benefits you need.

How a Raleigh Construction Accident Lawyer at Our Firm Can Help

Every North Carolina and Raleigh construction accident lawyer at Martin & Jones has extensive experience handling construction accident claims. Following a work-related injury, we will fight to protect your rights while providing respectful support and proven legal assistance. Helping you obtain all the compensation to which you are entitled is our number one priority.

Let us explain your options, guide you through the claims process and handle the legal details of your case so you can concentrate on your recovery. Our track record of successes and testimonies from past clients should help you decide if Martin & Jones is right for you.

Can I Collect Workers' Compensation Benefits and Sue My Employer?

Generally speaking, you cannot both collect workers' compensation benefits and pursue a personal injury claim against your employer. Workers' compensation benefits are generally an employee's "exclusive remedy" against his employer. If you are considering suing your employer, you should speak with a Raleigh construction accident lawyer before taking any action.

How a Workers' Compensation Claim is Different from a Personal Injury Lawsuit

In a personal injury claim, you are entitled to seek compensation for all of your losses, including your medical bills, lost income, and pain and suffering. However, your claim could take months to get resolved, and you also need to prove that the party your claim is against was somehow at fault for causing your injuries.

Workers' compensation pays benefits almost immediately without proving that anyone was at fault. In fact, you can seek workers' compensation benefits even if your accident was a result of your own negligence. However, workers' compensation covers only two-thirds of your lost income and your medical bills.

In many cases, pursuing a workers' compensation claim is your best option. While it won't cover all of your losses, you will be able to receive compensation quickly and without having to prove liability. A Raleigh construction accident lawyer can review your case and help you decide which is your best option.

Can I Collect Workers' Compensation Benefits and Pursue a Third-Party Claim?

In certain cases, you may be able to pursue a claim for workers' compensation and a personal injury lawsuit against a third party such as a subcontractor or equipment manufacturer. In this situation, you would be able to collect your workers' comp benefits while awaiting the outcome of your lawsuit. However, any compensation awarded through the lawsuit would be offset by the benefits you received through workers comp. In other words, the third-party lawsuit does not entitle you to compensation that exceeds your losses. A Raleigh construction accident lawyer can explain how this would apply to your case should you be able to pursue both a lawsuit and a workers comp claim.

What Are the Deadlines for Pursuing My Claim?

In most cases, the statute of limitations for filing a personal injury lawsuit in North Carolina varies. To pursue a workers comp claim, the time to file is limited. The sooner you pursue your claim (whether a lawsuit or a workers' comp claim), the better your chance that your claim will be successful.

Independent Contractor May Also be Eligible for Worker's Compensation or a Personal Injury Claim

Construction accident claims for independent contractors are complex. As a general rule, workers' compensation covers only employees. There are situations where an independent contractor may qualify for workers' compensation. If you aren't covered, however, your only option may be to pursue a personal injury claim. If you are an independent contractor who has been injured on the job, A Raleigh construction accident lawyer can review your case and help you understand your options.

Contact a Raleigh Construction Accident Lawyer for a Free Consultation

Contact a North Carolina and Raleigh construction accident lawyer online or call our Raleigh, North Carolina, office at 800-662-1234 today for a free consultation with a Martin & Jones lawyer. Injury claims are handled on a contingency fee basis. We also have offices in Durham and Wilmington.

Need A Personal Injury Lawyer?

Helping injured people is what we do. Contact us today for a free consultation to find out how we can help you.

Hear it from our clients

"We hired Martin & Jones in March 2015 and Steven Corriveau became our personal lawyer. Steven is a true professional who is understanding and easy to communicate with. He clearly explained the legal process to us. We are confident in the specific information, advice and feedback he gives us and know that he always has our best interest in the case. He responds quickly to our questions and concerns being available 24 hours a day. As our legal journey continues we look at the number of contacts we have with Steven. There have been 52 plus phone calls and conversations, 50 plus emails, 3 plus personal meetings, and 18 plus legal documents. We are honored to have such a caring lawyer as Steven in a stressful situation, in which he makes the process less difficult. We highly recommend Steven Corriveau who is great, intelligent, persistent and will deliver to the client. Our expectations are very high and Steven is the best."

- Ronnie & Patricia

"We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I'm glad I did."

"I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven's pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike's care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks."

"Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents."

"Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed us through you. May God bless you."

- Connie, whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma

"Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best."

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If you suffered injuries from a construction site accident, talk to Raleigh construction accident lawyer at Martin & Jones about your options

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Best Personal Injury Resources on the Web

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Best Personal Injury Resources on the Web

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Best Personal Injury Resources on the Web

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Sustaining a serious injury can have devastating and long-term impacts on your life. If your injury is due to the fault of another, such as a motor vehicle accident or a medical error, you may be able to recover compensation to cover your medical expenses and lost wages.

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4140 Parklake Avenue, Suite 400

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Once every 10 days, a NC construction worker dies on the job. Many deaths are preventable.

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Once every 10 days, a NC construction worker dies on the job. Many deaths are preventable.

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Read more at: https://www.charlotteobserver.com/news/local/article287304610.html#storylink=cpy

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Lenin Romero was framing windows on a home in Wilmington when he fell from a ladder and was impaled by a steel rod. If a $2.30 safety cap had been placed over the rod, it likely would have saved his life.

Joshua "Kerrey" Brindle was laying sewer pipes in Albemarle when a trench collapsed and buried him alive. A commonly used piece of equipment called a "trench box" probably would have prevented the cave-in.

Timoteo Luna Anbroci was removing shingles from a steep roof in south Charlotte when he lost his footing and fell to his death. A simple safety harness tethered to the roof likely would have saved him, too.

From the high-rise apartments of uptown Charlotte to the subdivisions of the Triangle, there's a largely hidden cost to the new stores, homes and office buildings rising across North Carolina.

Once every 10 days, on average, a construction worker here is killed on the job.

More people die at construction sites than any other workplace in this state. And nowhere are those deaths more common than in Mecklenburg County, where more than 40 construction workers died on the job over the past decade.

In 2023 alone, at least six construction workers died in Charlotte, five in high-profile cases where builders were cited for unsafe conditions that led to a scaffolding collapse and a historic fire.

But many others in North Carolina die with little public notice.

A Charlotte Observer investigation found:

▪ NC construction deaths have climbed. Over the past decade, nearly 360 construction workers died on the job in North Carolina, according to state and federal data. In 2022, the most recent year for which federal data is available, 47 construction workers lost their lives - more than any of the previous 10 years.

▪ Hispanic workers are most likely to die. Latinos make up about 27% of workers on North Carolina construction sites - but more than 60% of the workers who died on N.C. construction sites last fiscal year.

▪ Many deaths were preventable. Often loss of life could have been averted by simple safety precautions or equipment, such as the harnesses and lanyards that are designed to keep roofers from falling, a review of state workplace safety records show.

▪ State safety oversight has waned. While the death toll rose, the number of workplace safety inspections at North Carolina construction sites decreased by more than half since 2013. This during a decade when construction employment here has grown by nearly 50%, federal data shows.

▪ North Carolina is more dangerous. The workplace fatality rate for construction workers in North Carolina - 11.5 deaths per 100,000 employees in 2022 - was about 20% higher than that for construction workers nationally, U.S. Bureau of Labor Statistics data shows. And it's about two and a half times higher than the occupational death rate for all North Carolina workers.

Why is this happening?

In interviews with more than 20 construction workers approached off the job, Charlotte Observer reporters heard a variety of reasons, from employees who get complacent to companies that don't provide enough safety training and equipment. The most common explanation: Safety is taking a backseat to other concerns.

Many contractors try to minimize costs and fees to secure work, workers and their advocates say. They race to meet construction deadlines. And, short on workers, contractors and their crews sometimes cut safety corners to stay on schedule.

'Where the hazards come in'

Kenny Price, who installs insulation on commercial buildings in the Charlotte area, previously worked on the East Morehead Street apartment building where the scaffolding collapse killed three construction workers in 2023. That tragedy - like many others - resulted from people trying to get things done too quickly, he said.

Many contractors "are all about, 'you can do it faster if you do it this way.' That's where the hazards come in," Price said. "If you move too fast, something's bound to happen."

Construction industry leaders say that as building continues to boom across the state, they are putting a premium on safety. Most large construction companies offer safety training in both Spanish and English, and many contractors take part in nationwide safety awareness campaigns, according to Jacob Garmon, director of safety for Carolinas AGC, a large industry trade group.

"We're putting more emphasis on making sure we're doing this work properly, doing it safely, to ensure our workers go home safely at the end of the day, because that is the number one priority that we stress as an association," Garmon said.

State Department of Labor officials, who enforce workplace safety rules here, say they focus heavily on the construction industry because of the many dangers inherent in the work. Roughly half of all compliance inspections done by the department's occupational safety and health division (OSH) in recent years have been conducted at construction sites.

And so far this year, the number of construction accidents reported by the state labor department is considerably lower than in recent years.

But staffing challenges have made it impossible for the agency to conduct as many inspections as it did in years past, according to Paul Sullivan, Assistant Deputy Commissioner of OSH.

Vernon Sumwalt, a Charlotte lawyer who has handled hundreds of cases involving construction workers who were hurt or killed on the job, said more needs to be done to stop the carnage.

"These fatalities are preventable," he said. "If we don't as a society say this is enough, then the question becomes, 'Who's next?' "

'It didn't need to happen'

Almost exactly a year ago, Charlotte residents were reminded of just how dangerous construction sites can be.

Sometime before 9 a.m. on May 18, 2023, at a 239-unit apartment complex under construction in SouthPark, a generator caught fire, igniting spray foam insulation. An employee tried to douse the flames with a fire extinguisher, but they spread quickly. Soon, they had consumed much of the wood-frame building.

When the fire department arrived, a superintendent on the job site told firefighters they would be able to connect their hoses to a vertical water pipe known as a standpipe, according to a lawsuit filed this month.

But firefighters discovered that there was no standpipe on the interior of the building - a violation of the state fire code. As a result, firefighting efforts were delayed, the lawsuit maintains.

Flames from the massive fire soon were shooting hundreds of feet into the air. Smoke clouds could be seen for miles.

Firefighters, with help from a crane operator on the job, rescued 15 workers in the building. They could hear two construction workers - Demonte Sherrill and Reuben Holmes - yelling for help on the sixth floor. But the smoke was thick and the firefighters couldn't find them before they were forced to leave the burning building.

In a panicked phone call to their boss, Sherrill and Holmes said they were a football field from the only exit - and the smoke was too thick for them to see it.

Their remains were discovered in what was left of the burned-out building.

MCRT Carolinas Construction LLC, a contractor on the project, failed to provide an accessible way out for the workers who were trapped inside the building when the blaze broke out, workplace safety inspectors found.

About two weeks before the fire, the builders removed a temporary stairway that had been near the spot where Sherrill and Holmes were installing windows and doors on the day of the fire, according to the lawsuit filed by their families. That left just the single stairway - one that was too far away from where the men were working, the complaint says.

The contractor had not developed and implemented an emergency response plan or established an alarm system to alert employees to dangers such as fire, state inspectors also found.

Asked about the state's findings, and about safety changes put in place after the fire, a spokesperson for MCRT emailed The Observer a statement:

"Mill Creek Residential Trust fully supported and cooperated with the investigation following the fire and conducted our own thorough review. We remain in compliance with all local and national safety codes, and we have implemented safety measures beyond those requirements, including additional safety training for all on-site employees."

But Faith Fox, an attorney representing the families who filed suit, says it all could have been prevented.

"People certainly didn't need to die," she said.

Unsafe conditions in plain sight

An Observer reporter and photographers observed a host of dangerous practices during visits to Charlotte construction sites over the past 15 months.

At a townhouse development near University City, a construction worker could be seen walking along the crest of a roof, more than 30 feet above the ground, with no harness or tether to protect him from a fall.

On a construction site in north Charlotte, a crane unloaded metal railings from the back of a flatbed truck. The area was not barricaded as required by federal safety rules designed to prevent people from being injured by cranes - or by the things that might fall from them. After visiting a retail shop nearby, one woman could be seen walking right past the truck as the crane carried its load overhead.

At an apartment complex under construction next to the site of the 2023 scaffolding collapse, Isael Mejia, an organizer for the International Association of Ironworkers, pointed out many pieces of exposed rebar - steel rods that stuck vertically from concrete and had no safety coverings over their exposed ends.

Workers who fall can - and sometimes do - get impaled on those rods, Mejia noted.

"Things like this are all too common," Mejia said.

For that reason, OSHA requires that all reinforcing steel onto which employees could fall be guarded to eliminate the hazard of impalement. To prevent such accidents, contractors can buy steel-reinforced caps to fit over the ends of the rebar.

Amarilis Romero said she wishes those had been used on her husband's last job site.

She remembers the day in 2022 when Lenin Romero came home from work with scratches on his hands and arms, minor injuries from his Wilmington construction job. His young daughters began covering all his "boo boos" with bandaids.

"I don't think you should be doing that job," his wife recalls their oldest daughter telling him. "One day, you may come home with a broken arm or a broken leg."

Romero, 39, simply smiled and said, 'I'll be OK," his wife said.

Not long afterward he was framing windows on a large house in Wilmington, standing on the third or fourth rung of a ladder, when he lost his balance, according to state inspection records. He fell backward onto a four-foot high piece of unguarded rebar - a ½-inch diameter steel rod anchored in concrete - and was impaled. He died on the way to the hospital.

Rebar on the site had been uncapped for nearly three months before that May 2022 accident, investigators found. They fined the contractor, Jairo Romero-Mungia, $4,500 for two serious violations - failing to cap the rebar and failing to instruct employees about the impalement hazard posed by the more than 60 uncapped pieces of rebar on the site.

The Observer reached out to Romero-Mungia, but he did not respond.

Almost two years after her husband's death, Amarilis Romero still struggles to talk about it.

But she remembers the love and generosity that guided Lenin Romero's life and holds onto images that remain vivid: The joy on his face when he played with his three young daughters. How he'd chase them at the park while pretending to be the dreaded "lava monster."

Who's to blame for his death? Amarilis said she doesn't want to dwell on that. But she questions why the steel rods on the construction site weren't covered with the inexpensive safety caps that could have saved his life.

"Every time I pass a construction site and see those little bars, it hits my heart," she says.

'It could have killed them'

Many construction workers interviewed by The Observer said safety practices vary greatly from company to company. Some take safety seriously, they say. They have enough hard hats, safety glasses and fall-protection gear for every worker. They have regular safety meetings, with translators available to explain things to Spanish-speaking workers.

Others don't.

Alejandro Corvera, a Charlotte drywall installer, said that at his company, workers get sent home if they forget to bring their gloves and safety glasses.

"But there are a lot of companies that don't enforce those rules," he said during an interview at a service station on South Boulevard, where he came for his lunch break.

Construction, he knows, is one of the most dangerous jobs any worker can tackle. In February, he was working on a high-rise apartment building in South End when, at a morning safety meeting, he heard about a large chunk of concrete falling multiple floors.

"They said it was a pretty big piece, and if it had fallen on someone, it could have killed them," he said.

Efrain Villatoro, a longtime carpenter who is now a union representative with the Southeastern Carpenters Regional Council, said he twice last year saw workers in Charlotte tie their fall-protection harnesses to electrical conduits - metal tubes that protect bundles of electrical wires. The practice would have provided no protection in the event of a fall, he said.

"If you don't die hitting the ground, you're going to get electrocuted," he said.

Most deaths are preventable

Falls are by far the most common cause of construction deaths in North Carolina, state records show. But workers have also died when trenches caved in, when forklifts toppled, and when they were electrocuted, struck by falling construction materials or crushed by heavy machinery.

In some cases, the victims apparently made fatal mistakes. In others, records suggest, companies could have taken steps to avert the tragedies.

Based on state records and interviews with construction workers, one thing is clear: Most workplace deaths are preventable.

Jose Canaca Bonilla, Gilberto Monico Fernández and Jesus "Chuy" Olivares were among those who didn't have to die, family members and worker advocates say.

On the morning after New Year's Day in 2023, the three were among five men on a scaffold laying brick on an apartment building under construction near Charlotte's Dilworth neighborhood.

The scaffold - heavily loaded with the workers, equipment and material - suddenly collapsed. Bonilla, Fernández and Olivares plunged 70 feet to their deaths. The two other workers were injured but survived.

In the months that followed, state workplace safety investigators found that the scaffold was "heavily rusted and deteriorated" and was not capable of supporting the more than 1,700 pounds that had been placed upon it. Nor had it been inspected for defects before each shift, as OSHA rules require.

The labor department cited two companies, Old North State Masonry and Friends Masonry, for an array of safety violations.

Several days before the men died, Kenny Price, the insulation installer, was riding on the same scaffold when about 15 workers climbed onto it, he said. It was too much weight, he concluded.

"It worried me enough to go to my supervisor," he said. " 'And I told him: 'It's unsafe man.' I knew it was an accident waiting to happen."

His supervisor told him and two co-workers that they should get off the scaffolding, Price said.

Days later, when the scaffold collapsed, he was grateful they paid attention to the risk.

"That could have been me," he said.

Why is this happening?

Workers, lawyers and experts point to several reasons for the growing number of construction workers dying on the job.

As construction continues to boom, some contractors are so desperate for employees that they're hiring workers with less experience. And when labor is in short supply, contractors can find themselves in a rush to meet deadlines, construction workers say.

Frank Brown, a superintendent for a Charlotte glass company he didn't want to name, says his employer places great emphasis on construction safety. But at some others, he says, "a lot of the time, the schedule is more important than the safety."

Just this month, he said, he was on the third floor of a building under construction on East Morehead Street when he opened a door to another portion of the building.

Fortunately, he was paying attention. If he'd walked through that door, he would have plunged at least 20 feet - a fall that likely would have killed him or left him badly injured. The floor past the door had not been built but the door was not locked.

Many labor unions involved in construction provide their members extensive safety training. But in North Carolina, a state that ranks low in union membership, fewer than 1% of construction workers belong to unions, according to a recent analysis by unionstats.com.

The Observer reviewed data for the 10 most unionized states in the nation, and found that all but one of them had lower occupational death rates than North Carolina.

But hiring union workers is more expensive, and that can make it hard for some contractors to submit the lowest-cost bid on projects.

Construction companies sometimes misclassify their employees as independent contractors. That's a common occurrence locally, and worker safety can suffer when that happens, according to Dan Segovia, business manager for Ironworkers Local Union 848, which covers the Carolinas.

In doing so, contractors avoid paying workers comp insurance premiums. As a result, one OSHA report says, those employers don't need to be concerned about workers comp premiums rising after injuries - so they're less likely to invest in safety.

When such workers get hurt or killed on the job, some contractors pretend they didn't even know they were on the job site, said Matthew Capece, an attorney with the United Brotherhood of Carpenters who focuses on illegal employment practices.

"These workers are treated like ghosts," he said.

Although OSHA requires construction companies to provide their employees appropriate safety equipment, such as hard hats and safety goggles, some companies fail to do that, workers say.

Construction worker Jaime Villalobos said that was the case on a high-rise apartment building now under construction in Charlotte's South End neighborhood, where there are usually more workers than safety harnesses.

Despite all of that - and despite the industry's rapid growth in North Carolina - the state is inspecting construction sites far less often than it used to.

The state conducts workplace safety inspections in response to complaints and deaths, and as part of its routine inspection program. But state law doesn't specify how often each worksite should be inspected, and some companies never get visits from workplace safety inspectors.

In 2023, the state labor department conducted about 950 safety inspections at construction sites in North Carolina - less than half the number it performed in 2013.

Staff vacancies are chiefly to blame for the declining number of inspections, officials for the labor department say. As of March, about 22% of the state's safety compliance officer positions were vacant.

An example of the state's staffing struggles: The Charlotte field office of the occupational safety division has 29 inspector positions to cover 15 counties. But as of March, just 13 of those positions were staffed with fully trained inspectors. Six of the positions were vacant, and the remaining inspectors are still in training, Sullivan said.

For fully qualified workplace safety inspectors in North Carolina, the starting salary is $58,000 - more than many other states. Still, Sullivan said, many who consider the career discover they can make more money in the private sector and in other government jobs.

"It's harder and harder to recruit and retain employees long term," Sullivan said.

What will keep workers safe?

Safety advocates say several changes could help save lives.

They'd like to see contractors slow down, take proper safety precautions, and provide the right training and protective gear for all their workers.

They'd like to see more frequent workplace safety inspections.

And they'd like to see stiffer penalties for violators. The average penalty for a serious workplace safety violation in North Carolina in fiscal year 2023 was $3,611 -below the average $4,597 penalty imposed by federal OSHA, according to the AFL-CIO's latest "Death on the Job" report.

When companies were cited for violations linked to worker deaths in 2022 and 2023, state labor officials trimmed penalties more than 40% of the time, The Observer found.

Carol Brooke, senior attorney with the North Carolina Justice Center's Workers' Rights Project, said many people like to see their homes, stores and businesses get built quickly and cheaply. But, she said, it's crucial that the work be done in a way that won't result in deaths or injuries.

"You don't want someone going to work one day and not going home," Brooke said. "They have children. They have families. They have lives that mean something.

"That's just something everybody should care about."
Charlotte Observer reporters Gavin Off and Julia Coin contributed to this story. Editor's note: If you think your working conditions are unsafe or unhealthy, you can report your concerns to the North Carolina Occupational Safety and Health division by filling out a complaint online or calling the complaint desk at 919-707-7660 or 1-800-NC-LABOR (1-800-625-2267).
This story was originally published May 14, 2024, 5:50 AM.

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Once every 10 days, a NC construction worker dies on the job. Many deaths are preventable.

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As building booms in NC, more construction workers are dying on the job. But safety inspections have declined, a Charlotte Observer investigation found.

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Don’t Go It Alone: 10 Reasons Why You Need to Hire a Raleigh Workers’ Comp Lawyer

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Don’t Go It Alone: 10 Reasons Why You Need to Hire a Raleigh Workers’ Comp Lawyer

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One of the most important benefits provided by an employer is workers' compensation . This state-mandated insurance seeks to protect employees from suffering financial hardship when they are injured or become sick on the job. While employees who have been hurt on the job are eligible to receive workers' compensation benefits for medical bills, lost wages, and rehabilitation expenses, the process of filing a claim and receiving compensation is often complicated and cumbersome.

If your rights to workers' compensation benefits are denied or if you are at odds with your employer or their insurance company, hiring a Raleigh workers' comp lawye r to represent you can make all the difference. Here are 10 reasons why you should consider working with a workers' compensation attorney.

#1: A Workers' Compensation Attorney Knows the Law

The laws for workers' compensation differ in each state and can be quite complex to navigate. North Carolina workers' comp laws include numerous regulations and procedures intended to administer compensation to injured workers. An experienced Raleigh workers' comp lawyer will be familiar with these state-specific laws and will help to ensure that your claim includes everything that is legally required. This experience with the specifics of North Carolina's workers' compensation machinery is beneficial, as claims have varying deadlines and required documents, as well as types of benefits that can be requested and received.

#2: Accurate and Timely Filing of Claims

The most common reason for workers' comp claims being denied in North Carolina is the failure to report the injury to the employer and/or file the claim in a timely fashion. In North Carolina, injured workers generally have 30 days to report the injury to their employer and two years to file a claim with the North Carolina Industrial Commission. An attorney can help you meet these time deadlines, fill out the correct workers' comp forms, and get your forms submitted.

#3: Gathering and Presenting Evidence

Similarly, a worker's compensation claim stands a better chance for success with strong and comprehensive evidence. This includes medical records, accident records, witness statements, and other documents verifying your injury, how it occurred, and the working conditions that made it more likely to occur. A Raleigh workers' comp lawyer has the ability to gather these materials. They can also work with doctors to create detailed medical reports that clearly outline the nature of your injury.

#4: Dealing with Insurance Companies

Insurance companies are often more concerned with their bottom line than providing fair compensation to injured workers. They may use various tactics to minimize or deny your claim, such as questioning the severity of your injury, arguing that it was pre-existing, or claiming it did not take place at work. An attorney can level the playing field by negotiating with the insurance company on your behalf. They understand the strategies insurers use and can refute them effectively to secure the benefits you deserve.

#5: Representation in Hearings and Appeals

If your workers' compensation claim is denied, you have the right to request a hearing before the North Carolina Industrial Commission. You may even carry that determination to other levels of appeals through to the state's higher courts. However, self-representation is a daunting and convoluted process that can leave you at a distinct disadvantage during the hearings. A Raleigh workers' compensation lawyer can file an appeal on your behalf and present your case at these hearings. Their familiarity with these proceedings gives you a better chance of getting your claim approved.

#6: Maximizing Your Benefits

Among the benefits that workers who experience lost wages due to a work injury can receive are physician and surgeon services, the necessities of life, medicine and drugs, vocational rehabilitation services, necessary travel expenses for prescribed medical care, and funeral allowances. A workers' compensation lawyer who represents you can ensure that you receive the maximum benefits allowed. He or she can accurately calculate wage loss benefits and ensure that you receive all necessary medical treatments.

#7: Managing Complicated Cases

Some workers' comp cases are more intricate than others due to the number of severe injuries and defendants or disagreements over the extent of the injuries and whether they prevent you from working full-time or as much as you did prior to the injury. If your injury resulted in permanent disability, requires medical care longer than a few months, and results in large hospital and other bills, the stakes may be much higher. A workers' comp attorney can ensure that the case is properly investigated and appropriately handled. He or she can secure an array of experts and personnel, including vocational experts and medical specialists, to build a potentially powerful case for you.

#8: Reducing Stress and Uncertainty

It can be stressful enough to deal with the aftermath of a work injury on its own, but navigating the process of filing a workers' compensation claim on your own can add to that stress. A skilled workers' compensation attorney can lift the weight of the stress from your shoulders by dealing with the legal side of things. They can answer your questions, let you know where your claim currently stands, and help you have the confidence of knowing someone is there to take care of things on your behalf.

#9: Preventing Retaliation and Ensuring Fair Treatment

Sometimes, injured workers may be retaliated against for filing an injury claim. For example, the employer may try to demote the worker, fire or fail to include the worker in certain tasks or job assignments. An attorney can protect your rights and make sure you are not retaliated against in an illegal manner and seek legal action against your employer if illegal actions were taken.

#10: Contingency Fee Arrangements

Many contingency fee workers' compensation attorneys don't charge you anything unless you win your case. It's a non-traditional fee structure that can make seeking the help of a lawyer more affordable because you're not spending any money upfront. Therefore, the primary focus can be on you and your legal counsel working to get the best possible outcome for your claim.

Need Legal Help? We Have a Raleigh Workers' Comp Lawyer Ready to Assist

If you were injured on the job, a Raleigh workers' comp lawyer can help. If you have any issues with your workers' compensation claim, please contact our office to discuss the details of your claim. We represent injured workers on a contingency fee basis, which means we do not request payment unless we successfully handle your case.

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Don't Go It Alone: 10 Reasons Why You Need to Hire a Raleigh Workers' Comp Lawyer

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Think you can handle your own workers' compensation claim effectively on your own? There are clear benefits to hiring a skilled Raleigh workers' comp lawyer.

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Martin & Jones Helps You Recover and Move On After Your Workplace Injury

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Martin & Jones Helps You Recover and Move On After Your Workplace Injury

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Martin & Jones Helps You Recover and Move On After Your Workplace Injury

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“My workplace is reopening, but I’m afraid conditions there are unsafe. What can I do?” The Division of Employment Security will consider that you have good cause not to return to work, and you may be eligible to continue to receive unemployment benefits, under the following circumstances.

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Legal Options for Work-Related Back Injuries in North Carolina

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Legal Options for Work-Related Back Injuries in North Carolina

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Legal Options for Work-Related Back Injuries in North Carolina

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Did you hurt your back at work or while performing job-related duties? Our workers’ compensation attorney discusses your rights and options under the law.

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What If You Get Injured on Your Lunch Break? Workers’ Comp Laws in North Carolina Explained

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What If You Get Injured on Your Lunch Break? Workers’ Comp Laws in North Carolina Explained

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What If You Get Injured on Your Lunch Break? Workers’ Comp Laws in North Carolina Explained

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Many employees assume that if they are injured on their lunch break, they are not eligible for workers’ compensation benefits. While this is often the

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Carolinas' heat standards for the workplace

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Carolinas' heat standards for the workplace

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Carolinas’ heat standards for the workplace

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In North and South Carolina, there are no occupational safety and health standards for heat.

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Your work injury won’t be covered if it doesn’t meet NC’s definition of an ‘accident’

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Your work injury won’t be covered if it doesn’t meet NC’s definition of an ‘accident’

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Read more at: https://www.newsobserver.com/news/business/article238385643.html#storylink=cpy

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Greg Gordon Updated December 27, 2019 2:20 PM

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Your work injury won’t be covered if it doesn’t meet NC’s definition of an ‘accident’

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These two women both had injuries to their rotator cuffs. But one was covered and one wasn’t, under a North Carolina law that is one of the country’s toughest.

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How Long Do You Have to File a Claim for Workers’ Compensation?

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How Long Do You Have to File a Claim for Workers’ Compensation?

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How Long Do You Have to File a Claim for Workers’ Compensation?

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It is important to meet all deadlines when filing claims for workers’ compensation in North Carolina to prevent the denial of benefits.

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What Is Workers’ Compensation Insurance and How Does It Work?

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What Is Workers’ Compensation Insurance and How Does It Work?

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What Is Workers’ Compensation Insurance and How Does It Work?

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Learn how workers’ compensation works, how it’s funded, who pays for it and why you need it for your business in this comprehensive guide.

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What if My Employer Doesn’t Have Workers’ Comp Insurance?

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What if My Employer Doesn’t Have Workers’ Comp Insurance?

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What if My Employer Doesn’t Have Workers’ Comp Insurance?

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Not all workplace injuries are covered by workers’ compensation, but injured workers may be able to recover much more in damages through a personal injury lawsuit.

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Workers compensation and employers liability is a form of no-fault insurance provided by the employer for the employee. The employee gives up certain rights to

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Workers can be injured in all types of locations doing a wide variety of jobs, so to be safe it is important to spot surprising risks and know where to turn for help.