Best Workers Compensation Attorneys in Raleigh

FAQs

• What is the non-emergency contact number for the local police station in Raleigh, North Carolina?

  The non-emergency contact number for the local police station in Raleigh is 919-831-6311.

• Where can I get a copy of police report for incidents related to my case in Raleigh, North Carolina?

  You can get a copy of a police report in Raleigh at the Police Records Division at the police headquarters at 6716 Six Forks Road. For incident reports, you can call 919-996-3325 and a staff member will help find the report and send it to you via email. For crash reports, you can view and print your report at http://crash.raleighpd.org/. Meanwhile, the City County Bureau of Identification (CCBI) handles all criminal history reports.

• How long do you have to claim workers' compensation in Raleigh?

  In Raleigh, employers have a duty to report a worker’s claim of injury or illness to their insurance carrier immediately. This marks the beginning of an employee's workers' compensation claim. However, if the employer fails to notify its insurance company of a worker’s injury or disease immediately, the employee has two years to make a workers’ compensation claim.

• How much can you claim for workers' compensation in Raleigh?

  Raleigh uses an employee's average weekly wage (AWW) in calculating workers' compensation. If you are an injured worker, you should be able to receive two-thirds of the amount of money you would have made in a week, as determined by your AWW. If you have been with your employer for more than a year, your earnings over the previous year will be divided by 52 to determine your AWW. If you have been with your employer for less than a year, your earnings will be divided by the amount of time you've been employed to determine your AWW. And if you have been with your employer for less than three months, AWW will be calculated by comparing the earnings of a similar employee.

• How long do workers’ compensation benefits last in Raleigh?

  Injured workers in Raleigh who are unable to work more than seven days may receive lost wage compensation. Those who suffer from Temporary Total Disability or Temporary Partial Disability are paid for up to 500 weeks until they are able to return to work. For Permanent Partial Disability, the computation and the length of time the benefits will last depend on the type of injury and how much function is lost. The North Carolina General Statute 97-31 contains a list of specific types of injuries and the rate and period of compensation.

• Can you file an appeal if your workers' compensation claim in Raleigh has been denied?

  Yes, you can file an appeal with the North Carolina Industrial Commission (NCIC) if your workers' compensation claim in Raleigh has been denied. Note that you should file for an appeal within 14 days of receiving the denial. The NCIC will then arrange for a mediation conference with you. You can request a hearing before an administrative judge if you disagree with the mediator’s recommendation. You may also request a hearing before a panel of three administrative judges or pursue the appeals through the North Carolina Court of Appeals and the state Supreme Court if you continue to disagree with the decision.

• When is a worker's death compensable in Raleigh?

  According to the North Carolina Workers’ Compensation Act (N.C. Gen. Stat. § 97-38), a workplace death in Raleigh is compensable if it is related to or results from a compensable injury or disease and happens within a specified time. The death must occur within six years of the qualifying injury by accident or the onset of disability caused by a qualifying occupational disease, or within two years from a "final determination of disability," whichever comes last.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.