Every day, thousands of people working in all industries in Valdese face safety risks at work. While some workplaces are inherently more dangerous than others, it is crucial for all workers to know the state’s laws regarding workers’ compensation when they suffer work-related injuries. A Valdese workers’ compensation attorney is an invaluable asset in this situation.
Law Office of Lyndon R. Helton, PLLC, can provide the comprehensive and responsive legal counsel you need to navigate the workers’ compensation claim filing process in Valdese. Whether you are unsure of your eligibility for workers’ compensation or too injured to pursue your claim on your own, we can help. Our firm has helped many past clients recover the benefits they needed after their workplace injuries, and we can apply this experience to your case.
Almost every private employer in the state is legally required to have workers’ compensation insurance. This insurance coverage prevents employers from facing liability for injured workers’ damages while providing those injured workers with the financial support they need to recover from workplace injuries. Once you sustain any type of injury at work, you need to notify your employer as soon as possible so you can start the claim filing process.
Your employer is required to give you the forms you need to file your claim and document your injury in an incident report. If they interfere with the process in any way or retaliate against you, this can open the door to an additional civil claim against your employer. If they fulfill their obligations, they will provide you with a list of nearby workers’ compensation doctors you can see for a medical review. This is an essential part of the claim filing process that determines the scope of benefits you can receive.
An injured worker qualifies for workers’ compensation benefits as long as their injury happened while they were performing their job duties. They can qualify even if they caused the injury themselves as long as they were working in good faith and not under the influence of drugs, engaged in horseplay at work, or willfully violating workplace safety regulations. Once the claimant completes the initial steps of the claim filing process, they can submit their claim to the insurance company to await a determination of benefits.
A Valdese workers’ compensation attorney can streamline the claim filing process for their client and ensure they receive a fair determination of benefits from the insurance company. Law Office of Lyndon R. Helton, PLLC, routinely defends injured workers throughout the Valdese area, and we can apply our experience to your work injury claim.
A: When you have an experienced Valdese workers’ compensation attorney handling your case, it will be much easier to meet all applicable deadlines and secure a determination of benefits as quickly as possible. As long as you complete the preliminary requirements of your case as soon as possible and there are no disputes with your claim, it’s possible to recover your settlement within a few weeks of filing. However, there is always a chance for unexpected complications to arise and extend the time required to receive your benefits.
A: It’s possible to qualify for either partial or total disability benefits after a work-related injury in Valdese, and state law allows these payments to continue for up to 500 weeks. If you suffered a severe injury, you may qualify for a benefits extension. Benefits may only last until the claimant is medically able to resume their work duties with the earning capacity they had prior to the injury. Your attorney can help determine whether you may qualify for benefits beyond the usual time limit.
A: North Carolina’s workers’ compensation laws typically prevent injured employees from suing their employers. However, this only applies when an employer has the required insurance coverage. If your employer is not insured, you can proceed with a civil suit for your work injury, and they will face legal penalties for failing to comply with state law. If a party outside of your work caused the injury, you can proceed with claiming workers’ compensation benefits and file a third-party personal injury claim against whoever caused your injury.
A: Most claimants who qualify for workers’ compensation in Valdese will have all their medical expenses covered by the workers’ compensation insurance carrier. This includes both immediate and future treatment they need to reach full recovery. Additionally, they can receive partial or total disability benefits. Partial benefits can make up their difference in income when their injury prevents them from earning their usual wage, and total disability benefits are typically paid at a rate of two-thirds of the claimant’s average weekly wage during the year prior to their injury.
A: You can try to file your workers’ compensation claim on your own, as there is no law that requires you to have legal counsel for this process. However, you are more likely to succeed with your claim and secure maximum benefits with an experienced attorney’s assistance. Your legal team can manage your case proceedings while you focus on your recovery, and you will be readily able to address any unexpected complications that arise with your claim.
The attorneys at Law Office of Lyndon R. Helton, PLLC, excel at helping injured workers in Valdese and surrounding communities with their workers’ compensation claims. North Carolina may enforce some of the most robust workers’ compensation laws in the country, but this does not mean that filing your claim and securing the benefits you deserve will be easy. Having the right attorney on your side can make every stage of this process easier. Contact us today and schedule your consultation with a Valdese workers’ compensation attorney to learn more about the legal services we can provide.