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Injured on the Job? A Step-by-Step Guide to Filing a Workers' Compensation Claim in Raleigh

At The Law Offices of John M. McCabe, we understand that a workplace injury can be a daunting and life-altering event. The physical pain, coupled with the anxiety of financial instability, can quickly become overwhelming. If you've been injured on the job in Raleigh it's essential to know your rights, contact a workers' compensation lawyer today.

FREE Consultations

Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.

What is Workers' Compensation?

Before we delve into the process, it's crucial to comprehend what Workers' Compensation is. This is a type of insurance that almost every North Carolina employer is required to have. It provides benefits to workers who are injured  on the job or become ill helping cover medical costs and, in some cases, providing compensation for lost wages.

Immediate Steps After a Being Injured on the Job

Injured on the job (1)

1. Seek Medical Attention

Health is the primary concern. If you're injured on the job, seek medical attention immediately. Make sure to inform your healthcare provider that your injury is work-related.

2. Report the Injury

Notify your supervisor or employer that you were injured on the job as soon as possible. In North Carolina, you have 30 days to report the injury to your employer formally.

3. Document the Incident

Write down the details of how you got injured on the job. Include dates, times, witnesses, and any other relevant information. This can support your claim later.

4. File a Workers' Compensation Claim

After notifying your employer, you need to file a claim with the North Carolina Industrial Commission. This needs to be done within two years of the injury date.

Compensation Benefits You're Entitled to After Being Injured on the Job

Workers' compensation benefits can cover:

Medical Expenses

This includes medical treatment costs, medication, and travel expenses for medical appointments.

Wage Replacement

If you're unable to work because you were injured on the job, you may be entitled to a portion of your lost wages.

Disability Benefits

If your injury causes permanent disability, either total or partial, you may receive additional benefits.

Death Benefits

If a workplace injury results in death, the worker's dependents may receive compensation.

How Can a Raleigh Workers' Comp Lawyer Help?

If you have been injured on the job in Raleigh, North Carolina, it's beneficial to consult with an experienced workers' compensation lawyer for several reasons:

Understand Your Rights

A knowledgeable workers' compensation attorney can help you understand your rights under North Carolina law. This includes what types of injuries are covered, what benefits you are entitled to, and what deadlines you must meet.

Navigate the Claims Process

The workers' compensation claims process can be complicated. A skilled workers' compensation attorney can guide you through the process, ensuring you correctly complete and submit all necessary paperwork to avoid any delays or denials based on technicalities.

Represent You in Disputes

If your claim is denied or if there's a dispute about your benefits, an attorney can represent you at hearings or in court. We can gather necessary evidence, work with medical experts, and present a persuasive case on your behalf.

Negotiate a Settlement

If you're offered a settlement, a workplace injury lawyer can advise you on whether it's a fair offer considering your medical costs, lost wages, and any future costs related to your injury. We can also negotiate on your behalf to seek a better settlement.

Advocate for You

Perhaps the most important role of a workers' compensation lawyer is to be your advocate. We can fight for your rights and work diligently to ensure you receive the maximum benefits you're entitled to after being injured on the job.

At The Law Offices of John M. McCabe, we specialize in workers' compensation cases. Our team understands the complexities of the law and the challenges faced by employees injured on the job. We are committed to providing our clients with compassionate and aggressive representation to help them get the benefits they deserve. If you have been injured at work, contact us for a consultation.

Common Workplace Injuries

A wide variety of injuries can occur in the workplace, regardless of the industry. The type and severity of these work-related injuries often depend on the work environment and job duties. Here are some of the most common workplace injuries:

Overexertion Injuries

These are the most common type of workplace injuries and are usually caused by activities such as:

  • lifting
  • pushing
  • pulling
  • holding
  • carrying
  • or throwing.

Overexertion can result in sprains, strains, and other musculoskeletal injuries.

Slip and Fall Injuries

Wet floors, cluttered workspaces, and poor lighting can contribute to slip-and-fall accidents. Being injured on the job by slipping or falling can result in:

  • broken bones
  • sprains
  • head injuries
  • and even spinal cord injuries in severe cases.

Repetitive Motion Injuries

These injuries might not be noticeable immediately but can worsen over time. They are often caused by continual stress on a particular part of the body and can include carpal tunnel syndrome, tendinitis, and bursitis.

Machinery Accidents

Workers who operate heavy machinery are at a higher risk of being injured on the job. These can include:

  • crushed limbs
  • severed fingers
  • burns
  • or even blindness.

Falls from Heights

These can occur in industries like construction where workers often have to operate at heights. Such falls can result in serious injuries, including broken bones, traumatic brain injuries, and even fatalities.

Vehicle Accidents

Employees who drive for work purposes, such as truck drivers or delivery personnel, are at risk of being involved in motor vehicle accidents. These can lead to a wide range of injuries, from whiplash and broken bones to severe head and spinal cord injuries.

Workplace Violence

Sadly, instances of violence in the workplace are not uncommon and can result in a range of physical injuries.

Exposure to Harmful Substances

Workers in certain industries may be exposed to harmful chemicals, leading to burns, respiratory illnesses, and other health complications.

Struck by Object

Falling or flying objects in the workplace can cause head injuries, eye damage, and other physical harm.

Fires and Explosions

These can lead to severe burns, lung damage from smoke inhalation, and other trauma.

Occupational Disease

An occupational disease is a chronic ailment that occurs as a result of work or occupational activity. It is an aspect of occupational safety and health. An occupational disease is typically identified when it is shown that it is more prevalent in a given body of workers than in the general population, or in other worker populations.

These diseases can be caused by various factors including chemical agents, physical agents, biological agents, and other work-related conditions. The nature of the disease varies widely, and the time from exposure to onset of the disease can be quite long, even decades in some instances.

Examples of occupational diseases include:

Asbestosis and Mesothelioma

These are caused by exposure to asbestos fibers, usually in construction or heavy industry.

Silicosis

This is caused by inhaling silica dust, usually in mining, quarrying, and construction.

Chronic Obstructive Pulmonary Disease (COPD)

This can be caused by exposure to certain dusts and chemicals.

Occupational Asthma

This can be triggered by exposure to certain substances in the workplace, such as:

  • chemical fumes
  • dust
  • animal dander
  • or other irritants.

Lead Poisoning

This is typically seen in workers dealing with lead-based materials like painters, battery manufacturers, and construction workers.

Carpal Tunnel Syndrome

This is often caused by repetitive motions, like typing or assembly line work.

Hearing Loss

This can be caused by repeated exposure to loud noise in the workplace.

Dermatitis

Skin diseases can be caused by exposure to certain chemicals or substances.

Industries with The Most Workplace Injuries

Workplace injuries can occur in any industry, but there are certain sectors that tend to have higher rates of incidents.

Construction

The construction industry regularly tops the list of employees being injured on the job. Falls from heights, being struck by objects, electrocutions, and caught in/between are known as the "Fatal Four" in this industry.

Agriculture, Forestry, Fishing, and Hunting

These sectors are often grouped together in statistics due to similar types of work and hazards. Workers are exposed to heavy machinery, harsh weather conditions, and potentially dangerous animals, leading to a high rate of injuries.

Manufacturing

Factory workers often deal with heavy machinery and repetitive movements, leading to a higher risk of both minor and major injuries, including overexertion, repetitive motion injuries, and machine-related accidents.

Transportation and Warehousing

This sector includes jobs that involve driving, lifting heavy objects, and using machinery. As such, they are at a higher risk of vehicle accidents, overexertion injuries, and slips, trips, and falls.

Healthcare and Social Assistance

This industry has a high rate of workplace injuries, primarily due to tasks like lifting and moving patients. Healthcare workers are also at risk of exposure to diseases and harmful substances.

Mining, Quarrying, and Oil and Gas Extraction

These industries expose workers to hazardous environments where they might encounter heavy machinery, explosives, and potential exposure to harmful chemicals.

Wholesale Trade

This industry involves a lot of manual labor, including lifting heavy items, operating machinery, and a lot of driving, contributing to the risk of workplace injuries.

Waste Management and Remediation Services

Workers in these sectors often deal with heavy machinery, harmful substances, and hazardous environments, making the industry prone to a high rate of injuries.

Contact The Law Offices of John M. McCabe

At The Law Offices of John M. McCabe, we have years of experience in Workers' Compensation claims in Raleigh, NC. We understand the complexities of the law and how to advocate for our clients effectively. We can help you ensure that your rights are protected, and you receive the maximum benefits you're entitled to.

FREE Consultations

Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.

FAQs

Workers' compensation can be a complex area of law, and injured employees often have many questions about their rights and the process. Here are some frequently asked questions related to workers' compensation:

1. What is workers' compensation?

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured on the job

2. Who is eligible for workers' compensation?

Almost all employees in the United States are covered by workers' compensation. This includes full-time, part-time, temporary, and seasonal workers who might be come injured on the job.

3. What injuries are covered by workers' compensation?

Workers' compensation covers injuries that occur in the course of employment. This can include injuries sustained at the workplace, as well as injuries sustained while performing work duties at other locations or while traveling for work.

4. What benefits does workers' compensation provide?

Workers' compensation can cover medical expenses related to the injury, partial wage replacement for time off work due to the injury, and disability benefits for any long-term or permanent impairments. In the event of a worker's death, benefits may also be provided to the worker's dependents.

5. What if my employer disputes my claim after being injured on the job?

If your employer or their insurance carrier disputes your claim, you may have to go through a dispute resolution process, which can include mediation, a hearing before a workers' compensation judge, or even a court trial.

6. Can I be fired for filing a workers' compensation claim?

No. Most states have laws that prohibit employers from retaliating against employees who file workers' compensation claims.

7. Can I sue my employer instead of filing for workers' compensation?

In most cases, workers' compensation is considered an exclusive remedy, meaning you cannot sue your employer for a workplace injury. However, there are exceptions to this rule, such as in cases of intentional harm.

8. Do I need a lawyer to file a workers' compensation claim?

While you are not required to have a lawyer to file a workers' compensation claim, it can be beneficial. The process can be complex, and having someone who understands the law advocating for you can ensure you receive the full benefits you're entitled to after being injured on the job.

 

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