Best Workers Compensation Attorneys in Wilmington

FAQs

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

  If you need to report a non-emergency situation, please contact the non-emergency dispatch number at 910.452.6120.

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

  A website has been made available by the Wilmington Police Department to offer information to the public and other agencies. The website offers a restricted amount of details for incidents, accident reports, and arrests. This is the link: http://www.wilmingtonnc.gov/departments/police-department/policing-services/support-services-bureau/administrative-services-bureau/records

• Is the North Carolina Workers' Compensation Act applicable in Wilmington and other metros in North Carolina?

  Yes, the North Carolina Workers' Compensation Act is applicable in Wilmington and other metros in North Carolina. The act allows employees who get injured on the job to receive financial compensation for injuries that prevent them from returning to work. The employer must have workers' compensation insurance, as mandated by the state for most employers. Notably, the North Carolina Workers' Compensation Act operates on a no-fault basis, which means that regardless of who is at fault for the incident, the injured employee is covered.

• In case my Wilmington workers' compensation claim is denied by my employer's insurance company, what should I do?

  If your Wilmington workers' compensation claim is denied by your employer's insurance company, you may file NCIC Form 33 to request a formal hearing. At this hearing, your workers' compensation attorney can offer additional evidence to support your case, explaining how the accident occurred and the severity of your injuries. It is essential to have an experienced attorney to help navigate the complex legal process involved in workers' compensation claims.

• Can I file a workers' compensation claim in Wilmington if I'm injured outside of my workplace?

  Yes, you can file a workers' compensation claim in Wilmington even if you were injured outside of your workplace as long as you were performing job duties. For instance, if you were involved in an accident while delivering tools to a job site, you may still qualify for workers' compensation benefits. However, if your work-related injury was caused by a third party, you may have additional legal options beyond a workers' compensation claim.

• How are fees charged by workers’ compensation lawyers in Wilmington?

  Workers' compensation lawyers in Wilmington typically charge their clients on an hourly basis, with fees increasing based on the amount of time spent on a case. If you're concerned about legal fees, it's essential to discuss the lawyer's billing policy upfront to have a clear understanding of what to expect. By doing so, you can make an informed decision about hiring a workers' compensation lawyer and budget accordingly.

• What are the reasons for needing a lawyer's assistance in filing a workers' compensation claim in Wilmington?

  A Wilmington workers' compensation lawyer can increase your chances of receiving maximum benefits. While it's technically possible to file a claim without a lawyer, having legal representation can streamline the process and ensure you have all the necessary evidence to support your claim. An attorney can also help you navigate any legal complexities and provide guidance on your legal rights and options, should your claim be denied or disputed by your employer's insurance company.

• 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.