Were you injured on a construction site and have questions? Check out these 3 workers compensation tips, then give our office a call.
1. Could I get workers’ comp if my pre-existing injury was aggravated at work?
The other day, someone from North Carolina called me and wanted to know if they could get workers’ comp benefits after they had been injured on the job. They reported their injury to their employer and then they went to the doctor. They told the doctor they had injured the same shoulder ten years ago. The employer and the workers’ compensation carrier got a copy of the medical record and then sent a letter saying that they were denying the claim due to a pre-existing condition.
This is wrong. In North Carolina, if you have a material aggravation to a body part that has been injured before, but you were able to work, the employer cannot deny the claim on the basis of pre-existing condition. That’s an employer trick. If you are hearing things like that from the workers’ compensation carrier or the employer themselves, that’s a red flag that you need to contact an experienced Richmond County, NC workers’ compensation attorney that can help you dig and get your case back on track and protect your rights, your right to future medical care, and the rights of your family that you are supporting. Feel free to contact our office and let us help.
2. Could I be fired or lose my health insurance if I file a workers’ comp claim?
Someone called me the other day who had reported their injury on the job to their supervisors. The supervisors sent them to the urgent care. Of course, the urgent care told them they could return to work in two days, even though they felt that was too soon.
When they returned to their workplace, they weren’t just greeted by their supervisor; they were greeted by three different people from management. When that happens, it’s a red flag that things aren’t going right in your workers’ compensation case and that you probably need an experienced workers’ compensation attorney to assess your entire case. It also means that you may need a workers’ compensation attorney that’s going to take your case to court and make the company follow the workers’ compensation laws in North Carolina.
When you are confronted with this situation, contact an experienced attorney and get some help. The sooner, the better. The more that goes on, the more chances you may be waiving rights that you have, but don’t even know that you have. Contact our office and let us help you.
3. Could I be entitled to wage replacement if I’m unable to go back to work or make as much money as before my injury?
In North Carolina, you are able to make a determination about your rights at a point when you reach maximum medical improvement. That is when your doctor says that you’re as well as you’re going to be and that you have a permanent restriction. In North Carolina, it’s very important for you to contact an experienced workers’ compensation attorney at the earliest time possible because, a lot of times, employers will send you to doctors that know that you have a permanent restriction, that know that your body is not going to do what it used to do, but will still say that you have no restrictions.
If you have no restrictions, your settlement is going to be very limited. If you do have restrictions that are permanent, then you may be entitled to the fact that you’ve had to take a cut in pay and a settlement based on the cut in pay— not, say, the lowest form of settlement in North Carolina, the rating. If your restrictions are so severe that you can’t work altogether, then you’re also entitled to a settlement based on the fact that you can’t return to work at all. Under the right circumstances, you may even be entitled to lifetime benefits, but that’s going to take some serious work. That’s going to take the analysis from a workers’ compensation attorney that’s experienced in Richmond County, NC.
A settlement of a workers’ compensation case in North Carolina is a complex thing. If you’ve got a serious injury, you need an experienced Richmond County, NC workers’ compensation attorney to advise you and help you build your case. Don’t hesitate to call our office right away to give us time to start working on your case so that at the end of the case, we can get what you’re entitled to really have by law, not something that the employer just wants to give you, which is usually a few crumbs.
Were you or a loved one severely injured by a negligent person in North Carolina and have questions about these 3 workers compensation tips? Contact experienced Richmond County, NC personal injury lawyer H. Bright Lindler today for a free consultation and case evaluation.
My office takes care of everything, so you can rest and focus your attention on your recovery.
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