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Workers Compensation

We will help ensure that you get the medical care that you are entitled to receive.

Have you suffered an injury while working?

If you have been injured while at working for your employer, you may be entitled to recover compensation for your injuries.


What Injuries Are Covered by Workers’ Compensation?

North Carolina’s Workers' Compensation laws cover injuries that result from an accident arising out of and in the course of employment.  The law also covers “occupational diseases,” which include some repetitive-motion conditions, such as Carpal Tunnel Syndrome.  The law is very specific and insurance carriers are skilled at applying these limitations to limit or deny claims.  The issue of “fault” does not matter in Workers’ Compensation and you can recover compensation even if you are at fault in the accident.


What Benefits are Available under the Workers' Compensation Law?

If your injury is covered by the Workers’ Compensation Act, you are entitled to three basic benefits: (1) payment for your medical treatment and related medical expenses; (2) compensation for lost wages; and (3) compensation for permanent disability.  Unlike tort law, pain and suffering is not recoverable under workers’ compensation law.


What If I Was Working Without Valid Work Authorization?

Your immigration status/employment authorization does not affect your rights to receive workers’ compensation benefits.  If you were working as an employee at the time of your injury, you have the same rights to workers’ compensation benefits as a U.S. citizen.  If you do not speak and understand English well, you have the right to have an interpreter accompany you to every doctor visit, at the Employer’s expense.  Furthermore, any evidence of your immigration status or work authorization is inadmissible in a court hearing before the North Carolina Industrial Commission.


Do I Need a Lawyer?

The employer will have an experienced claims adjuster working on their behalf.  They are familiar with the legal requirements of workers’ compensation law and they are evaluated based on their ability to pay the least amount on a claim as possible.  If you are unfamiliar with workers’ compensation law or if English is not your primary language, a lawyer can help ensure that you receive all the benefits to which you are entitled.  A lawyer can often add substantial value to a workers' compensation claim by helping the injured employee take full advantage of the available benefits. A lawyer will help prepare and file your claim, obtain and evaluate important information such as medical records, negotiate with the employers' insurance carrier, and get all the benefits you are owed.  If we are retained to represent you, we will be paid a percentage (no more than 25%) of the benefits recovered for you.


Do not sign anything about your workers compensation claim unless you speak with a lawyer.

Do not agree to settle your case unless you have consulted with an attorney regarding your rights.

Do not wait to seek medical treatment, if you believe you need it

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The Atkinson Law Firm, PLLC

(336) 631-9987


1416 West First Street

Winston-Salem, NC  27101

© 2019, The Atkinson Law Firm         By  mimundografico.com