CHARLOTTE WORKERS COMPENSATION LAWYER

Serious injury can occur in an instant. But the effects can change your life forever. If you are injured at work while on-the-job, NC workers compensation laws provide for limited benefits. Not everything. Just certain benefits. And, contrary to what you hear, not all accidents at work qualify for payment. I’ll explain in detail below. For now, just understand that NC workers compensation laws are complex and difficult to navigate. That is why it is essential that you hire an experienced NC workers compensation attorney to protect your interests and get the benefits you deserve and your family needs. There are many fine lawyers in the Charlotte area. However, there are relatively few Charlotte workers compensation attorneys who focus their practice in this area of law.

First, let’s discuss the issue of whether your claim is compensable (are you going to get paid). To be entitled to benefits, you must prove you suffered an injury by accident which arose out of and in the course of your employment. What does this all important phrase actually mean? Each word here is critically important. If any part of this statutory definition is missing, your claim fails. No benefits. Let’s break it down. “Injury” is easy. Either you are hurt or not. Some injuries are serious and require extensive medical treatment. Others, thankfully, like bruises, are not and require no medical intervention. “Accident” is also fairly straightforward but can be challenged in cases involving “horseplay” or “fighting” at work. In most cases, however, you have a compensable accident if you “fall, trip, or something falls on you.” The most legally debated part of the law is the “which arose out of in the course of employment” language. For example, if you are pushing a cart of something and you hurt your shoulder, most people would conclude that is a compensable accident and claim. However, it may not be. The Industrial Commission may rule that you were simply doing your regular job and got hurt. You have an “injury” while at work, but there was no compensable “accident” here. Another example is you are climbing a ladder and fall. You bruise your arm, but nothing is broken. In this instance, you have an “accident” but no significant “injury.” The most your employer would have to pay would be for you to get checked out at an urgent care medical facility. A final example is that you are using a table saw cutting lumber and get your hand caught in the machine. You are seriously injured and may even lose part of your hand. However, you test positive for marijuana in the routine drug test given after a work-related accident. Is this accident compensable? Perhaps. Perhaps not. Your employer will most likely raise the intoxication defense. But, that defense is only dispositive if they can prove you were impaired at the time and that the impairment caused your injury. As you can see, workers compensation law is not as easy as most people seem to think it is.

BENEFITS AVAILABLE

MEDICAL TREATMENT

If compensable, you get medical care at 100%. No copays. No deductibles. No out-of-pocket expenses whatsoever. But, your employer or their insurance carrier get to choose which doctors treat you. They pay. They choose. You do not get to tell them where you want to go. The good news is that Charlotte doctors are some of the best in the country. You are going to get good care. And, while you are getting care, you are also entitled to mileage to and from your home. So keep a log showing date of treatment, which facility, and mileage.

WEEKLY BENEFITS

If written “out of work” by an authorized treating physician OR given any “work restrictions” that the employer cannot or will not accommodate, you get a weekly benefits check. How much do you get? You will receive an amount equal to “two-thirds (2/3) of your average weekly wage” which is your “compensation rate.” This figure is based on those wages paid to you from one year prior to your “date of accident.” These benefits will start after the first seven (7) days and continue until you are determined by the doctor to be at “maximum medical improvement” and released from care. The good news is that these benefits are being paid for “temporary total disability” and are not taxable income. You do not even report them on your taxes at the end of the year. The bad news is that no one in this country pays one-third (1/3) in taxes on their wages. As a result, you are behind every week because you are getting less “take home” pay. There is also a statutory “maximum comp rate” established each year by the legislature. High wage earners, like truck drivers, nurses, and others, will be “in the hole” even more.

PERMANENT PARTIAL DISABILITY

At the end of your medical treatment, your doctor will determine whether you have suffered any ‘permanent partial impairment” based on your ability to lift, stand, squat, range of motion, etc. They will refer to a medical guide and assign a percentage to the body part affected (10% impairment to shoulder). The body is divided up into its various parts and given a total value (the back is worth 300 weeks of compensation). The PPI rating multiplied by the body part multiplied by your compensation rate will tell you how much the rating is worth. For example, someone who injures their back, is given a 10% rating, and has a CR of $300.00 per week would be entitled to $9,000.00 (300 weeks x 10% x $300.00). Of course, an experienced NC workers compensation attorney would look at other factors such as ability to return to your job, future medical care needs, ongoing prescription drugs, and other factors to negotiate your case with an adjuster.

BENEFITS NOT AVAILABLE

PAIN AND SUFFERING

Nothing at all. Zero. By law. How can this be right? In exchange for making employers pay for accidents even if they did nothing wrong, the legislature took away from injured workers the one part of damages that really can’t be quantified. There is no amount of money equal to permanent, chronic pain. But the law does not allow for a dime.

SPOUSAL BENEFITS

None. Nothing. Zero. As with pain and suffering, workers compensation laws are uniformly written to only allow for certain benefits outlined above. No matter how a serious injury affects your family, only the injured worker is compensated and only for those items we discussed.

PUNITIVE DAMAGES

“Fault” is not an issue in workers compensation cases. Even if the employee causes his / her on accident, they get paid in most cases. Conversely, no matter how responsible the employer may be, they are protected from unlimited exposure, including punitive damages.

RIGHT TO JURY TRIAL

Cases are heard before Deputy Commissioners only. There is NO right to a jury trial in workers compensation cases. There would simply be too many cases to be heard, and again, only certain benefits are available.

CHARLOTTE WORKERS COMPENSATION LAW FIRM

We are the law firm of Robert J. Reeves P.C. Our office is here in Charlotte located beside the Mecklenburg County Courthouse on South McDowell Street. Attorney Robert J. Reeves has practiced workers compensation law for over 25 years in South Carolina and in North Carolina since 1996. He is a former Registered Nurse (RN) which helps him to read and understand medical records in complex injury cases. When needed to establish causation in cases, his medical background aids him when he takes depositions of treating physicians or has to explain the physiological consequences of trauma to the body. Mr. Reeves is also a former workers compensation insurance defense lawyer which has taught him how to prepare cases for hearing and avoid defense pitfalls. He know “what to watch for” and “what to watch out for.” Mr. Reeves now stands ready to fight for you and your family in order to make sure you get the benefits the law provides. He appreciates how a serious injury affects not only you but everyone who care about you as well. Together, we will get through this very difficult time of life. There is hope and a light at the end of the tunnel.

Before hiring a lawyer, it is critical that you carefully compare the actual credentials and qualifications of several firms. There is too much at stake to make a quick decision. The right lawyer can make a real difference. After you do your research, Mr. Reeves would welcome an opportunity to sit down with you and personally review your case. He will answer your questions and explain how the whole process works. For more information or to schedule a time to come into the office, you can Mr. Reeves directly at 704-351-7979, evenings, weekends, holidays. You’re going to sleep better after knowing what you’re facing and what to expect. Call us now and let’s see what we can do to help.