Welcome to The Law Offices of John M. McCabe – North Carolina's Premier Workers' Compensation Lawyer
Since 1994, The Law Offices of John M. McCabe, P.A., has helped injured workers obtain the workers’ compensation benefits they are entitled to. Our legal team will strive to ensure you are treated with the respect you deserve from your employer and insurance carrier. If you've been injured on the job, you deserve fair compensation for your injuries, lost wages, and medical expenses. At The Law Offices of John M. McCabe, our primary goal as your Workers' Compensation Lawyer is to guide you through this complex process and ensure you receive the benefits you're entitled to.
Our dedicated legal team is committed to providing exceptional legal services and personal attention to every client. We understand the challenges that come with workplace injuries and the difficulties that may arise during your workers' compensation claim process. We pledge to work tirelessly to protect your rights and interests.
Navigating workers' compensation law can be a daunting task. With our wealth of experience in this area, we can assist you in understanding the intricacies of the law, the claims process, and your legal rights. Our firm has successfully represented countless injured workers in North Carolina, and we are prepared to do the same for you.
From the moment you walk into our office, our team will take the time to listen and understand your unique situation. We will explain the intricacies of the law and guide you through every step of the process. We are devoted to handling your case with the utmost professionalism, respect, and diligence, making sure you are updated about every development along the way.
Our experience covers a wide range of workplace injuries, including but not limited to:
Regardless of the nature of your injury, our team is ready to handle your case and pursue the compensation you deserve.
John M. McCabe's experience and dedication have earned him recognition from multiple legal associations. He is a board-certified specialist in workers' compensation law and has been consistently named as one of the top workers' compensation attorneys in North Carolina.
A Workers' Compensation Lawyer is a legal professional who specializes in representing workers who have been injured on the job and need help navigating the workers' compensation system. Workers' compensation is a type of insurance that provides wage replacement and medical benefits to employees who suffer job-related injuries or illnesses. In return for these guaranteed benefits, employees often must relinquish their right to sue their employer for negligence.
The role of a Workers' Compensation Lawyer can include:
This can involve filing the necessary paperwork, meeting deadlines, and providing evidence to support the claim.
If the workers' compensation claim is denied or the benefits offered are insufficient, the lawyer can negotiate with the employer's insurance company on behalf of the worker.
If a satisfactory settlement cannot be reached, the case may go to a hearing or trial, where the lawyer would represent the worker.
A Workers' Compensation Lawyer can advise a worker on their rights and options, and whether it would be advantageous to pursue a personal injury lawsuit instead of, or in addition to, a workers' compensation claim.
If a worker's injury was caused by a third party (someone other than the employer or a co-worker), a Workers' Compensation Lawyer can help the worker pursue a claim against that third party.
In North Carolina, a wide range of injuries can qualify for workers' compensation if they occur in the course of employment, regardless of the employee's prior physical condition. Here are some of the main types of injuries that typically qualify:
These are injuries that result from an accident or a specific incident at work. Examples include broken bones, cuts, burns, or head injuries caused by a fall, machinery accident, or other workplace hazards.
These injuries occur over time due to repetitive tasks or motions. Common examples include carpal tunnel syndrome, tendinitis, or other types of repetitive strain injuries.
These are illnesses that are directly caused by workplace conditions or substances. This can include illnesses caused by exposure to toxic chemicals, such as asbestosis or mesothelioma, or conditions like hearing loss due to long-term exposure to loud noise.
Back and spinal cord injuries are common in many occupations, especially those that involve heavy lifting, repetitive motions, or sitting for long periods.
In some cases, workers may be eligible for compensation for mental or emotional injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression. However, these cases can be more complex and may require clear evidence linking the mental condition to the work environment.
If a worker's injury results in death, their dependents may be eligible for workers' compensation death benefits.
If you've been injured on the job, there are several steps you should take to protect your rights and maximize your chances of receiving workers' compensation benefits:
Your health is your first priority. Depending on the severity of your injury, this may mean going to the emergency room, urgent care, or your primary care physician. Make sure to inform the medical provider that your injury is work-related.
You should report the injury to your supervisor or appropriate authority at your workplace as soon as possible. Be sure to do this in writing and keep a copy for your records. Failure to report the injury within a certain timeframe can result in the denial of your claim.
Write down everything you can remember about how the injury happened. If possible, take pictures of where the incident occurred and any unsafe conditions that contributed to your injury. Also, keep a journal of your symptoms, medical appointments, and how the injury is affecting your daily life.
After reporting the injury to your employer, you should receive a form to officially file a workers' compensation claim. Fill this out as accurately and completely as possible.
Attend all medical appointments and follow the treatment plan provided by your healthcare provider. If you fail to do this, the insurance company might claim that you are not seriously injured.
It can be beneficial to consult with a lawyer who specializes in workers' compensation law. They can guide you through the process, ensure all paperwork is correctly completed and submitted on time, and advocate on your behalf if disputes arise.
To qualify for workers’ compensation benefits, you must be able to prove that your injury occurred by accident in the course of your employment. We will thoroughly investigate the circumstances of your injury to help you determine if you have a case that would entitle you to benefits. Then, we will aggressively pursue the benefits you deserve.
Most employees in North Carolina are covered by workers' compensation insurance. If you've been injured on the job or have developed a work-related illness, you are likely eligible to file a workers' compensation claim.
Workers' compensation covers a wide range of injuries and illnesses that are directly related to your job, including but not limited to, traumatic injuries, occupational diseases, repetitive strain injuries, and mental or emotional stress injuries.
Workers' compensation benefits in North Carolina can include payment of medical expenses, partial wage replacement for time off work, compensation for permanent disability, and vocational rehabilitation if you can't return to your previous job. If a work injury results in death, benefits may also be available to the worker's dependents.
While it's not required to have a lawyer to file a claim, it can be highly beneficial. The workers' compensation system can be complex, and having an experienced lawyer on your side can help ensure your claim is properly filed and that you receive the full benefits you're entitled to.
In North Carolina, you should notify your employer of your injury as soon as possible, but no later than 30 days after the accident. The formal workers' compensation claim (Form 18) should be filed with the North Carolina Industrial Commission within two years of the accident.
If your claim is denied, you have the right to appeal the decision. This process can be complex and often requires a hearing before the North Carolina Industrial Commission. At this stage, having a knowledgeable workers' compensation lawyer to represent you can be extremely valuable.
No, it's illegal for an employer to retaliate against an employee for filing a workers' compensation claim. If you believe you've been retaliated against, you should consult with a lawyer immediately.
Workers should almost always consider hiring a lawyer after being hurt on the job. This is to prevent the insurance company from taking advantage of you. There are many areas where an insurance company will try to violate your rights, but insurance companies use three main tactics to gain an advantage.
Despite legal requirements to the contrary, insurance companies routinely don’t send weekly checks on time, or they “forget” to send them at all. This makes it very hard for workers to pay their bills and jeopardizes their credit. We will stay on top of the insurance company and make sure your checks arrive as required by law, and if necessary, we seek penalties for late payments.
The insurance company will try to pick your doctors for you, often sending you to the same company doctors they send other injured workers. In doing this, the insurance company will tell you that you have the absolute right to direct your medical treatment. This is not necessarily true, and we will ensure that you are seen by skilled, well-trained physicians and get all of the medical treatment you need.
If you can’t return to your old job after you’ve completed your medical treatment, the insurance company will hire someone to find you a new job. The insurance company does this because they must continue paying you benefits until you return to work. In locating a job for you, the insurance company doesn’t care what job they find. They don’t care if the job pays you anything close to what you earned before you were injured or how close it is to your home. They just want to get you back to work.
We will get involved in this process on your behalf and make sure that you are not taken advantage of and that any job located for you is within your limitations and pays you a fair wage.