Raleigh Workers’ Compensation Lawyer

Workers' Compensation Lawyer

When you suffer an injury at work, the path forward can seem overwhelming. Medical bills accumulate, wages are lost, and navigating the workers' compensation system becomes another burden during an already difficult time. At The Law Offices of John M. McCabe, our Raleigh workers' compensation lawyers understand the challenges injured workers face in Raleigh and throughout North Carolina. Our commitment is to guide you through every step of the workers' compensation process, ensuring you receive the benefits you deserve.

What Can I Do If Severely Injured While Working in Raleigh?

In most cases, you cannot sue your employer for a workplace injury in North Carolina. Workers' compensation is designed as an "exclusive remedy" system, meaning that in exchange for receiving workers' compensation benefits without having to prove fault, you give up the right to sue your employer in civil court. This applies even if your employer's negligence contributed to your injury. However, workers' compensation should cover your medical expenses, lost wages, and disability benefits resulting from the workplace injury.

That said, you may still be able to file a lawsuit against third parties whose negligence caused or contributed to your injury. Third parties can include equipment manufacturers who produced defective machinery, property owners, contractors, subcontractors, delivery drivers, or other individuals or companies not directly employed by your employer. These third-party claims can provide additional compensation for pain and suffering, full lost wages, and other damages not available through workers' compensation alone. At The Law Offices of John M. McCabe, we can evaluate your case to determine whether third-party liability exists and help you pursue all available compensation through both workers' compensation claims and potential lawsuits against responsible parties.

How Our Raleigh Workers' Compensation Lawyers Can Help

The Law Offices of John M. McCabe provides comprehensive legal representation for injured workers throughout Raleigh and North Carolina. Our workers' compensation lawyer guides you through every step of the claims process to ensure you receive the benefits you deserve.

Our Services

• Case Evaluation and Consultation: Our Raleigh workers' compensation lawyers review the details of your workplace injury, medical treatment, and employment circumstances to determine what benefits you're entitled to receive. Our workers' comp lawyer provides honest assessments of your case during initial consultations.
• Filing Workers' Compensation Claims: Our Raleigh workers' compensation lawyers handle all paperwork and ensure your claim is filed correctly and within required deadlines to protect your rights. A workers' compensation attorney understands the technical requirements that can make or break your claim.
• Gathering Medical Evidence: Our Raleigh workers' compensation lawyers collect medical records, diagnostic test results, and physician statements that document the extent of your injuries and necessary treatment. Strong medical evidence is essential for proving your workers' compensation claim.
• Communication with Insurance Companies: Our Raleigh workers' compensation lawyers handle all correspondence and negotiations with insurance adjusters so your statements aren't used against you. Our workers' compensation lawyer protects you from tactics insurers use to minimize or deny claims.
• Ensuring Proper Medical Treatment: Our Raleigh workers' compensation lawyers advocate for appropriate medical care and fight denials of treatment requests to ensure you receive the care your doctors recommend. Your recovery depends on accessing necessary medical services without delay.
• Calculating Disability Benefits: Our Raleigh workers' compensation lawyers determine the correct amount of temporary or permanent disability benefits based on your wages and medical restrictions. A workers' comp lawyer ensures you receive accurate compensation for your lost earning capacity.
• Appealing Denied Claims: When insurance companies deny your claim, we file appeals and represent you at hearings before the North Carolina Industrial Commission. Our workers' compensation attorney builds strong cases to overturn wrongful denials.
• Negotiating Settlements: Our Raleigh workers' compensation attorneys work to secure fair settlement agreements that address your current medical needs and future care requirements. Our goal is maximum compensation without accepting inadequate offers that leave you undercompensated.
• Representing You at Hearings: If your case goes to a formal hearing, we present evidence, call witnesses, cross-examine opposing witnesses, and make legal arguments on your behalf. Experienced representation at hearings significantly improves your chances of success.
• Challenging Independent Medical Examinations: When insurance companies send you to their own doctors, we scrutinize biased medical opinions and present contrary evidence from your treating physicians. A workers' compensation lawyer protects you from unfair medical evaluations.
• Coordinating Return-to-Work Plans: Our Raleigh workers' compensation lawyers ensure any return-to-work arrangements respect your medical restrictions and don't jeopardize your recovery or future benefits. Premature returns to work can worsen injuries and complicate your claim.
• Identifying Third-Party Claims: Our Raleigh workers' compensation lawyers investigate whether parties other than your employer bear responsibility for your injury, allowing you to pursue additional compensation beyond workers' compensation. Our personal injury lawyer handles both workers' compensation and third-party lawsuits.
• Protecting Against Retaliation: Our Raleigh workers' compensation lawyers advise you on your rights if your employer retaliates against you for filing a workers' compensation claim. North Carolina law prohibits employer retaliation for exercising your legal rights.
• Pursuing Vocational Rehabilitation: When injuries prevent you from returning to your previous job, we help you access vocational rehabilitation services and ensure proper benefits during retraining. A workers' compensation attorney fights for your right to receive job retraining assistance.
• Securing Death Benefits: In tragic cases where workplace injuries result in fatalities, we help families pursue death benefits and funeral expense coverage. Our workers' comp lawyer provides compassionate guidance during difficult times.
• Maximizing Your Recovery: Our Raleigh workers' compensation lawyers explore every avenue for compensation, including permanent partial disability ratings, ongoing medical coverage, and structured settlements that protect your long-term interests. Our comprehensive approach ensures no benefit is overlooked.

Don't navigate the workers' compensation system alone. Contact The Law Offices of John M. McCabe today to speak with a dedicated workers' compensation lawyer who will fight for your rights and help you secure the medical benefits and wage replacement you need to recover and move forward.

Raleigh Workers' Compensation Cases We Take

At The Law Offices of John M. McCabe, our workers' compensation lawyer handles a wide range of workplace injury claims throughout Raleigh and North Carolina. We represent injured workers in various industries and advocate for the benefits they deserve.

Types of Cases We Handle

• Construction Accidents: Falls from scaffolding, ladder accidents, electrocutions, equipment malfunctions, and injuries from falling objects are common on construction sites. Our workers' comp lawyer helps construction workers recover medical benefits and wage replacement for these serious injuries.
• Back and Neck Injuries: Lifting injuries, herniated discs, spinal cord damage, and chronic pain from workplace accidents or repetitive stress can be debilitating. Our Raleigh workers' compensation lawyers fight to ensure you receive proper medical treatment and disability benefits for these conditions.
• Repetitive Stress Injuries: Carpal tunnel syndrome, tendonitis, and other conditions caused by performing the same motions over time qualify for workers' compensation. A workers' compensation attorney can help prove the connection between your job duties and your injury.
• Slip and Fall Accidents: Wet floors, unmarked hazards, uneven surfaces, and poor lighting can cause serious injuries including broken bones and head trauma. Our Raleigh workers' compensation lawyers handle claims for workers injured in slip and fall accidents on the job.
• Machinery and Equipment Accidents: Injuries from industrial equipment, power tools, forklifts, and other machinery can result in amputations, crushing injuries, and permanent disabilities. Our team pursues full compensation for these catastrophic workplace injuries.
• Occupational Illnesses: Exposure to chemicals, asbestos, toxic substances, or poor air quality can cause respiratory diseases, cancer, and other serious health conditions. Our Raleigh workers' compensation lawyers help workers prove the connection between their illness and workplace exposure.
• Motor Vehicle Accidents: Truck drivers, delivery personnel, and employees injured while driving for work purposes are entitled to workers' compensation benefits. Our Raleigh workers' compensation lawyers handle claims for accidents that occur during the course of employment.
• Warehouse and Manufacturing Injuries: Injuries from assembly line work, heavy lifting, conveyor belt accidents, and exposure to dangerous conditions are common in these industries. A workers' compensation lawyer can help warehouse and manufacturing workers secure proper benefits.
• Healthcare Worker Injuries: Nurses, medical assistants, and other healthcare workers face risks including needlestick injuries, back injuries from patient lifting, and exposure to infectious diseases. Our Raleigh workers' compensation lawyers represent healthcare workers injured while providing patient care.
• Restaurant and Hospitality Injuries: Burns, cuts, slip and falls, and repetitive motion injuries affect workers in restaurants, hotels, and other hospitality settings. Our workers' comp lawyer fights for service industry workers injured on the job.
• Office Injuries: Even office environments present risks including ergonomic injuries, slip and falls, and accidents in parking areas. We handle workers' compensation claims for all types of workplace injuries, regardless of office setting.
• Wrongful Death Claims: When workplace accidents result in fatalities, we help families pursue death benefits and ensure dependents receive the compensation they're entitled to under North Carolina law.
• Denied Claims Appeals: If your workers' compensation claim has been denied or benefits have been terminated, we represent injured workers through the appeals process before the Industrial Commission.
• Permanent Disability Cases: Injuries that result in lasting impairments require careful evaluation to ensure you receive appropriate permanent disability benefits. A workers' compensation attorney can fight for maximum compensation when injuries permanently affect your ability to work.
• Third-Party Liability Claims: When parties other than your employer contributed to your workplace injury, we pursue additional compensation through third-party lawsuits while coordinating with your workers' compensation claim.

No matter what type of workplace injury you've suffered, The Law Offices of John M. McCabe is committed to protecting your rights and pursuing the full benefits you deserve. Contact our Raleigh office today to discuss your case with a personal injury lawyer who understands North Carolina's workers' compensation system and will advocate for your recovery.

Common Workplace Injuries

At The Law Offices of John M. McCabe, our workers' compensation lawyer represents Raleigh employees who have suffered a wide variety of workplace injuries. Understanding the types of injuries that qualify for workers' compensation benefits is the first step toward protecting your rights.

Injuries We Handle

• Back Injuries: Herniated discs, muscle strains, spinal cord damage, and chronic lower back pain from lifting, twisting, or sudden impacts are among the most common workplace injuries. A workers' comp lawyer can help you receive proper medical treatment and disability benefits for these debilitating conditions.
• Broken Bones and Fractures: Falls, machinery accidents, and being struck by objects can cause broken arms, legs, ribs, wrists, ankles, and other fractures requiring extensive medical care. Our Raleigh workers' compensation lawyers fight to ensure workers' compensation covers all necessary treatment, including surgery and physical therapy.
• Head and Brain Injuries: Concussions, traumatic brain injuries, and skull fractures from falls or being struck by falling objects can have long-lasting effects on cognitive function and quality of life. Our workers' compensation attorney pursues full benefits for these serious injuries.
• Burn Injuries: Thermal burns, chemical burns, and electrical burns can occur in restaurants, manufacturing facilities, construction sites, and other workplaces. We help burn victims recover compensation for medical treatment, scarring, and permanent disfigurement.
• Cuts and Lacerations: Deep cuts from machinery, tools, broken glass, or sharp materials may require stitches, surgery, or result in permanent nerve damage. A workers' compensation lawyer ensures you receive benefits for these injuries and any resulting complications.
• Carpal Tunnel Syndrome: Repetitive hand and wrist motions from typing, assembly work, or using tools can cause this painful condition requiring medical treatment or surgery. We help workers prove the connection between their job duties and this repetitive stress injury.
• Shoulder Injuries: Rotator cuff tears, dislocations, and frozen shoulder from lifting, reaching, or repetitive overhead work can prevent you from performing job duties. Our team fights for the disability benefits you need while recovering from shoulder injuries.
• Knee Injuries: Torn ligaments, meniscus tears, and chronic knee pain from kneeling, climbing, or workplace accidents may require surgery and extended recovery time. A workers' comp lawyer can pursue compensation for medical expenses and lost wages.
• Sprains and Strains: Muscle pulls, ligament damage, and soft tissue injuries throughout the body are common workplace injuries that can become chronic without proper treatment. Our Raleigh workers' compensation lawyers ensure workers receive the medical care needed to fully recover.
• Amputations: Loss of fingers, hands, arms, feet, or legs from machinery accidents or severe crushing injuries results in permanent disability and life-changing consequences. Our workers' compensation attorney fights for maximum benefits when catastrophic injuries occur.
• Eye Injuries: Foreign objects, chemical splashes, or welding accidents can cause vision loss, corneal damage, or blindness requiring immediate medical attention. Our Raleigh workers' compensation lawyers help injured workers secure compensation for eye injuries and vision-related disabilities.
• Hearing Loss: Prolonged exposure to loud noise in manufacturing, construction, or industrial settings can cause permanent hearing damage. A workers' compensation lawyer can help you receive benefits for occupational hearing loss.
• Respiratory Conditions: Asthma, chronic obstructive pulmonary disease, and other breathing problems from inhaling dust, fumes, or chemicals qualify as occupational illnesses. Our Raleigh workers' compensation lawyers assist workers in proving the connection between workplace exposure and respiratory conditions.
• Crush Injuries: Being caught between machinery, vehicles, or heavy objects can cause severe tissue damage, broken bones, and internal injuries. Our personal injury lawyer pursues full workers' compensation benefits for these traumatic accidents.
• Electrocution Injuries: Contact with exposed wiring, faulty equipment, or power lines can cause burns, cardiac arrest, nerve damage, and death. Our Raleigh workers' compensation lawyers represent workers and families affected by electrical accidents on the job.
• Slip and Fall Injuries: Wet surfaces, unmarked hazards, or uneven flooring can cause head trauma, broken bones, spinal injuries, and other serious harm. A workers' compensation attorney ensures you receive benefits for slip and fall accidents at work.
• Overexertion Injuries: Pushing, pulling, lifting, or carrying heavy objects can cause muscle tears, joint damage, and chronic pain throughout the body. Our Raleigh workers' compensation lawyers help workers receive proper medical treatment and disability compensation for overexertion injuries.

If you've suffered any workplace injury in Raleigh, The Law Offices of John M. McCabe is here to help. Contact our workers' compensation lawyer today to discuss your case and learn how we can fight for the medical benefits and wage replacement you deserve under North Carolina law.

Get the Legal Support You Deserve

If you've been injured at work in Raleigh, don't face the workers' compensation system alone. The Law Offices of John M. McCabe is ready to fight for your rights and help you secure the benefits you need. Contact our workers' compensation lawyer today for a consultation about your case. Let us handle the legal complexities while you focus on your recovery.

Raleigh Workers' Compensation Lawyer FAQs

How much does it cost to hire a workers' compensation lawyer? Most workers' compensation attorneys, including The Law Offices of John M. McCabe, work on a contingency fee basis, meaning you pay no upfront costs. Attorney fees are typically paid as a percentage of the benefits you recover and are regulated by the North Carolina Industrial Commission. If you don't receive benefits, you don't owe attorney fees.

How long does a workers' compensation case take? The timeline varies depending on the complexity of your injury and whether your claim is disputed. Simple cases where benefits are approved may resolve in a few weeks or months, while contested claims requiring hearings before the Industrial Commission can take a year or longer. A workers' comp lawyer can give you a better estimate based on your specific circumstances.

What if my employer doesn't have workers' compensation insurance? North Carolina law requires most employers to carry workers' compensation insurance. If your employer failed to maintain coverage, you may file a claim with the North Carolina Industrial Commission's Uninsured Employers' Fund. Our workers' compensation attorney can help you pursue benefits through this alternative system.

Can I choose my own doctor for treatment? Generally, your employer or their insurance company has the right to direct your medical treatment to approved healthcare providers. However, you may request a one-time change of physician if you're dissatisfied with the initial doctor. A workers' compensation lawyer can advise you on your rights regarding medical treatment choices.

What if my injury was partially my fault? Workers' compensation is a no-fault system in North Carolina, meaning you can receive benefits even if your own negligence contributed to the accident. The only exceptions are injuries caused by intoxication or intentional self-harm. Your workers' comp lawyer can explain how this applies to your situation.

Can my employer fire me for filing a workers' compensation claim? North Carolina law prohibits employers from retaliating against employees for filing legitimate workers' compensation claims. If you believe you've been wrongfully terminated or discriminated against for exercising your rights, contact a workers' compensation attorney immediately to discuss your legal options.

Will pre-existing conditions affect my claim? Pre-existing conditions don't automatically disqualify you from receiving workers' compensation benefits. If your work activities aggravated, accelerated, or worsened a pre-existing condition, you may still be entitled to benefits. Our workers' compensation lawyer can help demonstrate how your job contributed to your current condition.

Do part-time workers qualify for workers' compensation? Yes, part-time employees are generally entitled to workers' compensation benefits if injured on the job. Your benefit amounts will be calculated based on your actual wages and work schedule. A workers' comp lawyer ensures part-time workers receive fair compensation based on their earnings.

What should I do if my employer pressures me not to file a claim? You have the legal right to file a workers' compensation claim for legitimate workplace injuries. Don't let employer pressure prevent you from seeking benefits you're entitled to receive. Contact The Law Offices of John M. McCabe to discuss your rights and how we can protect you from retaliation.

Can my family members receive benefits if I'm injured? Your family members don't directly receive workers' compensation benefits, but disability payments you receive help support your household. In cases of fatal workplace injuries, dependents may be entitled to death benefits and compensation for loss of financial support. Our workers' compensation attorney can explain what benefits are available to families.

Can I work another job while receiving workers' compensation benefits? This depends on your medical restrictions and the type of benefits you're receiving. Working while collecting temporary total disability benefits may affect your eligibility or payment amounts. Always consult with a workers' compensation lawyer before accepting other employment to avoid jeopardizing your claim.

What if I'm classified as an independent contractor? Independent contractors generally aren't covered by workers' compensation insurance. However, many workers are misclassified as independent contractors when they should legally be considered employees. A workers' comp lawyer can evaluate your working relationship to determine if you're entitled to benefits despite your classification.

How are workers' compensation benefits calculated? Disability benefits are typically calculated as two-thirds of your average weekly wage, subject to state maximum and minimum amounts. Medical benefits should cover all reasonable and necessary treatment related to your injury. Our workers' compensation attorney ensures your benefits are calculated correctly based on your actual earnings.

What happens if I can't return to my previous job? If your injury prevents you from performing your previous work duties, you may be entitled to vocational rehabilitation services, retraining assistance, or permanent disability benefits. The Law Offices of John M. McCabe helps injured workers navigate career transitions and secure appropriate long-term benefits when they cannot return to their former positions.