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When Your Back Is Against The Wall

Burlington Workers' Compensation Lawyer

Helping Injured Workers Secure the Benefits They Deserve

When you are injured on the job in North Carolina, you may be entitled to workers' compensation benefits. Unfortunately, the system is complicated and many injured workers have their claims denied. At Lanier Law Group, P.A., we can help you file a claim and, if necessary, represent you in an appeals hearing. Our Burlington workers' compensation attorneys have extensive experience and a proven track record of success. We know how to navigate the claims process and will work diligently to help you secure the benefits you deserve.

For a free consultation with our team, contact us today at (336) 361-2569.

What Is Workers' Compensation?

Workers' compensation is a type of insurance that provides benefits to workers who are injured on the job or who develop work-related illnesses. In North Carolina, all businesses with at least three employees are required to carry workers' compensation insurance. This insurance is designed to provide medical and wage replacement benefits to employees who suffer work-related injuries or illnesses.

What Are the Different Types of Workers' Compensation Benefits?

Workers' compensation benefits are designed to provide financial support to employees who suffer injuries or illnesses related to their job duties. These benefits typically vary based on the severity of the injury, its impact on the employee's ability to work, and other factors.

Here are some common types of workers' compensation benefits:

  • Medical Benefits: These benefits cover the cost of medical treatment related to the work-related injury or illness. This can include expenses such as hospital bills, doctor visits, medication, surgery, physical therapy, and medical supplies. Workers typically do not have to pay out-of-pocket for these medical expenses.
  • Temporary Total Disability Benefits (TTD): If an employee's injury or illness prevents them from working for a temporary period, they may be eligible for temporary total disability benefits. These benefits typically provide a portion of the injured worker's wages during the time they are unable to work due to the injury. The amount paid is usually a percentage of the worker's pre-injury wages.
  • Temporary Partial Disability Benefits (TPD): In cases where an employee can return to work but with restrictions that result in lower wages than before the injury, temporary partial disability benefits may be provided. These benefits typically compensate for the wage difference between the pre-injury earnings and the reduced earnings during the recovery period.
  • Permanent Total Disability Benefits (PTD): If an injury or illness permanently prevents an employee from returning to work in any capacity, they may be eligible for permanent total disability benefits. These benefits usually provide ongoing financial support to the injured worker for the remainder of their life.
  • Permanent Partial Disability Benefits (PPD): In cases where an employee sustains a permanent impairment or disability but can still work in some capacity, they may be eligible for permanent partial disability benefits. The amount of compensation is determined based on the severity of the impairment and its impact on the worker's earning capacity.
  • Vocational Rehabilitation: In some cases, workers' compensation programs offer vocational rehabilitation services to help injured employees return to suitable employment. This may include job training, education, job placement assistance, and counseling services aimed at reintegrating the injured worker into the workforce.
  • Death Benefits: If a work-related injury or illness results in the death of an employee, workers' compensation may provide death benefits to the deceased worker's dependents. These benefits typically include compensation for funeral expenses and ongoing financial support for surviving dependents, such as spouse and children.

Who Qualifies for Workers' Compensation?

In North Carolina, most workers are eligible to receive workers' compensation benefits. The state's workers' comp system is a no-fault system, which means that you do not have to prove that your employer or someone else was at fault for your injury or illness. You only need to prove that the injury or illness is work-related.

Workers who may be eligible to receive workers' compensation benefits in North Carolina include:

  • Full-time employees
  • Part-time employees
  • Seasonal workers
  • Temporary workers
  • Minors
  • Undocumented workers

Independent contractors are generally not eligible to receive workers' compensation benefits. However, just because your employer classifies you as an independent contractor does not mean you are ineligible to receive benefits. If you believe you have been misclassified, you should consult with an experienced workers' compensation attorney in Burlington.

What Is Considered a Work-Related Injury or Illness?

Not all injuries and illnesses that occur at work are considered work-related. To be eligible for workers' compensation benefits, you must be able to prove that your injury or illness is connected to your job. In other words, you must show that the injury or illness was caused by your work or that it occurred while you were performing your work duties.

Some examples of work-related injuries and illnesses include:

  • Slip and fall injuries
  • Repetitive motion injuries
  • Occupational illnesses
  • Construction accidents
  • Transportation accidents
  • Machine and equipment accidents
  • Overexertion injuries
  • Falling object injuries
  • Assaults and acts of violence

It's important to note that you may still be eligible to receive workers' compensation benefits even if you were partially at fault for your injury or illness. However, if you were under the influence of drugs or alcohol at the time of the accident or intentionally hurt yourself, you will likely be ineligible to receive benefits.

How to File for Workers' Compensation in North Carolina

In North Carolina, you must report your work-related injury or illness to your employer within 30 days. If you fail to report your injury within the 30-day deadline, you could lose your right to receive workers' compensation benefits. However, you can still report your injury or illness within two years if you can prove that your employer knew about the injury or illness and that there was a reasonable excuse for not reporting it.

Once you report your injury or illness to your employer, your employer should provide you with a Form 18, which is the official Notice of Accident to Employer and Claim of Employee, Representative, or Dependent. You must complete this form and file it with the North Carolina Industrial Commission (NCIC) within two years of the date of the accident or the onset of the illness. If you fail to do so, you may lose your right to receive workers' compensation benefits.

After you file your claim, the NCIC will review it and determine whether you are eligible to receive benefits. If your claim is approved, you will begin receiving the benefits you are entitled to. If your claim is denied, you will have the right to file an appeal. An experienced Burlington workers' compensation lawyer can help you through the appeals process and fight for your right to receive the benefits you deserve.

What Can I Do If My Workers' Compensation Claim Is Denied?

If your workers' compensation claim is denied, you do not have to give up hope. You have the right to file an appeal and have your case reviewed by the North Carolina Industrial Commission. However, the appeals process is complex and it is highly recommended that you consult with an experienced workers' compensation lawyer in Burlington before moving forward.

When you appeal a denied claim, you will have to go through a series of hearings, including a mediation hearing and a full hearing before a deputy commissioner. At these hearings, you and your employer will have the opportunity to present evidence and argue your case. If you are unhappy with the decision made by the deputy commissioner, you can request a review by the full North Carolina Industrial Commission. If you are still unhappy with the decision, you can request a review by the North Carolina Court of Appeals. Our workers' compensation attorneys can help you through each step of the appeals process and fight for your right to receive the benefits you deserve.

Why Choose Lanier Law Group, P.A.?

At Lanier Law Group, P.A., we know that you are going through a difficult time. You may be unable to work and struggling to pay your bills. Our goal is to help you secure the benefits you deserve so you can focus on your recovery. We know how to navigate the workers' compensation system and will do everything we can to help you get the money you need to move forward.

As our client, you can expect to receive the personalized attention you deserve. We will take the time to understand your needs and tailor our services to meet them. Our workers' compensation attorneys in Burlington will fight for your rights and keep you informed throughout the entire process. We will be there for you when you need us most.

Call (336) 361-2569 and contact us online today to request a free case evaluation.

We Fight for Our Clients

*Featured Case Results, Settlements, & Trial Wins From Our Attorneys
  • $5.95 Million Permanent Brain Failure

    Our client had a brick fly off of a utility trailer and go through their windshield and hit her on the face.

  • $4.8 Million Settlement

    A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.

  • $4.3 Million Head-On Collision

    Personal injury litigation settlement for a client who was involved in a head-on collision with a commercial tractor-trailer.

  • $3.1 Million Birth Injury/Hypoxic Brain Injury

    The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.

  • $1.8 Million Litigation Settlement

    Our client was involved in a motor vehicle accident with a meat truck.

  • $1.375 Million Medication Overdose/Hospital Negligence

    Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.

We Never Back Down From a Fight

Featured Reviews, Testimonials & Results
    "20 out of 10 stars."
    There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it's interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don't have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.
    - Diane W.
    "Lanier Law Group will always be the choice for me and all my family members"
    I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!
    - Phillip J.
    "So thankful for your expertise and professionalism"
    Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.
    - Mario H.
    "Always ready to answer any questions I may have"
    The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.
    - Timothy M.
    "The Lanier Law Group provided excellent customer service!"
    The Lanier Law Group provided excellent customer service! My main contact was Denise.
    - Malinda P.
    "Great experience"
    Great experience. Tish was very helpful as my case progressed and explained all of the steps to me, leaving me with very few questions. Shea was also very helpful during the negotiation process.
    - Nyesha B.

Don't Hire Just Any Firm

Take Control of Your Case Today With the Help of Lanier Law Group
  • We Never Back Down
    Our attorneys are confident taking cases to trial and will always seek to maximize your compensation.
  • We're Here For You 24/7
    Regardless of when you contact our firm, we're here to make sure that you get the answers you need. We also offer weekend appointments and consultations.
  • We're In Your Corner
    Every case we take on has a team of dedicated professionals assigned to make sure that we're delivering the best possible service and results.
  • We Come Prepared

    After an injury, every second counts. We are available to meet with you in person, virtually, or at your location to provide the highest quality legal counsel.