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When Your Back Is Against The Wall

Greenville Workers' Compensation Attorney  

Representing Injured Workers in North Carolina

After a work-related injury, you may have many questions about your rights and how to recover compensation for your losses. At Lanier Law Group, P.A., we can help you navigate the workers' compensation process and fight for the whole, fair benefits you are owed. Our Greenville workers' compensation lawyers are committed to assisting injured workers throughout the process.

Have you been hurt on the job? Contact us online or call (252) 429-5161 today to request a free initial consultation with one of our workers' compensation lawyers in Greenville!

What Is Workers' Compensation?

Workers' compensation is a form of insurance that benefits workers injured on the job. In North Carolina, most employers must carry workers' compensation insurance to protect their employees. Workers' compensation benefits can help you recover compensation for your medical expenses and a portion of your lost wages.

Understanding the framework of workers' compensation can be crucial for navigating claims successfully. Workers' compensation operates under a no-fault system, meaning that employees can receive compensation for injuries regardless of who was at fault for the accident. This system ensures injured employees can promptly access necessary medical care and financial support. It also minimizes lengthy legal battles over workplace liabilities, keeping the focus on rehabilitation and recovery.

Understanding Workers' Compensation Laws in North Carolina 

North Carolina's workers' compensation system, including Greenville, follows specific legal mandates to protect workers' rights. One distinguishing feature is that most employers must provide coverage if they employ three or more workers. This legislation is crucial in a region like Greenville, with its diversified economy encompassing manufacturing, healthcare, and education sectors. Understanding the legal intricacies can serve workers effectively during claims.

The North Carolina Industrial Commission oversees these claims and is responsible for dispute resolution. It plays a role in any legal actions regarding denied claims, offering mediation before matters reach a formal hearing. Residents of Greenville can benefit by understanding this board's functioning, as it remains a vital resource for workers transitioning through the compensation system. Navigating these legal waters requires astute attention to detail, making professional guidance beneficial.

What Does Workers' Compensation Cover?

In Greenville and the rest of North Carolina, workers' compensation benefits can help you recover compensation for the following losses:

  • Medical Benefits: These benefits cover the costs of medical treatment related to workplace injury or illness. This can include doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical services.
  • Temporary Total Disability (TTD) Benefits: TTD benefits are provided to workers who are temporarily unable to work due to work-related injury or illness. These benefits typically amount to two-thirds of the worker's average weekly wage, subject to a maximum and minimum limit set by the state.
  • Permanent Total Disability (PTD) Benefits: PTD benefits are provided to workers who suffer permanent and total disability due to a workplace injury or illness, rendering them unable to engage in any gainful employment. These benefits may continue for the duration of the disability.
  • Permanent Partial Disability (PPD) Benefits: PPD benefits are for workers who sustain permanent impairments or disabilities but can still work in some capacity. The amount of compensation depends on the severity of the impairment and its impact on the worker's ability to earn wages.
  • Vocational Rehabilitation Benefits: Vocational rehabilitation services may be provided to injured workers who cannot return to their previous jobs due to injury or illness. These services may include job retraining, job placement assistance, and other support to help workers return to suitable employment.
  • Death Benefits: If a worker dies as a result of a workplace injury or illness, death benefits may be provided to the worker's dependents, such as a spouse, children, or other eligible family members. These benefits typically include compensation for funeral expenses and ongoing financial support for dependents.

Workers' compensation does not cover non-economic damages like pain and suffering.

Common Reasons Why Your Workers' Compensation Claim Was Denied

Greenville workers' compensation claims can be denied for various reasons. While the specific criteria and processes may vary by state and individual circumstances, some common reasons for denial include:

  • Failure to Report the Injury Promptly: Most states require employees to report workplace injuries or illnesses to their employer within a specified timeframe. If an employee fails to report the injury promptly, the claim may be denied due to the lack of timely notification.
  • Failure to Seek Timely Medical Treatment: Delaying or failing to seek medical treatment for a workplace injury can result in denying the workers' compensation claim. Insurance providers may argue that the injury was not severe enough to require medical attention or that the delay in treatment exacerbated the condition.
  • Disputes Over Causation: Insurers may deny claims if they dispute whether the injury or illness is directly related to the employee's work activities. They may argue that the injury occurred outside of work or was caused by a pre-existing condition.
  • Failure to Provide Sufficient Medical Evidence: Workers' compensation claims often require medical documentation to support the extent of the injury or illness and its impact on the employee's ability to work. The claim may be denied if the medical evidence is deemed insufficient or unclear.
  • Violation of Employer Policies or Procedures: If an employee's actions leading up to or following the injury violate workplace policies or procedures (e.g., drug or alcohol use, engaging in reckless behavior), the claim may be denied based on the employee's misconduct.
  • Statute of Limitations: Each state has a statute of limitations, the timeframe within which a workers' compensation claim must be filed. Failing to file a case within this timeframe can result in denial.
  • Independent Medical Examination (IME) Results: Insurers may request an independent medical examination to evaluate the extent of the injury or illness. The claim may be denied or disputed if the IME results differ significantly from the employee's treating physician's findings.
  • Employer Disputes: In some cases, employers may dispute the validity of a workers' compensation claim due to skepticism about the injury or concerns about potential increases in insurance premiums.
  • Administrative Errors or Incomplete Paperwork: Simple administrative errors, such as incomplete paperwork or missing documentation, can lead to claim denials. Claimants must ensure that all necessary forms and information are accurately completed and submitted.

Understanding the reasons for denial can be crucial for successfully appealing a workers' compensation claim. Familiarizing yourself with the typical pitfalls and ensuring that all protocols are followed meticulously can significantly increase your odds of a successful outcome. Maintaining organized records and adhering strictly to deadlines can mitigate many of these common issues when applying for workers' compensation. Workers are encouraged to seek professional legal advice to navigate the complexities of the claims process and ensure that they fulfill all procedural requirements.

How to Appeal a Denied Workers' Compensation Claim 

If your workers' compensation claim in Greenville has been denied, it's essential to understand the appeal process. Initially, you will receive a denial letter detailing the reasons for rejection. This letter is the starting point for effectively addressing reasons for denial. Reviewing this document thoroughly and gathering any additional evidence needed to support your appeal, such as medical records or witness testimonials, is crucial.

The next step involves filing a formal appeal with the North Carolina Industrial Commission. This may include a mediation settlement conference and a potential hearing if necessary. Legal support is invaluable during this phase, often involving detailed preparation and procedural knowledge. A workers' compensation attorney in Greenville can help clarify complex aspects of your appeal, maximizing the chances of a successful outcome. Timeliness is critical, so initiating the appeal process promptly is advised.

Why Choose Lanier Law Group, P.A.?

When you choose Lanier Law Group, P.A., you can trust that your case is in good hands. Our Greenville workers' compensation attorneys have extensive experience handling all types of workers' compensation cases, and we have a proven track record of success in the courtroom. Whether you need legal assistance to file a claim or your initial claim was denied, we are committed to helping you navigate the workers' compensation process and fighting for the whole, fair benefits you are owed.

Our approach is tailored to each client's unique situation, ensuring personalized care and attention. We understand the emotional and financial toll a workplace injury can have on a family. Our team is committed to minimizing stress by managing all aspects of your claim with dedication and precision. Our lawyers stay informed about the ever-evolving landscape of workers' compensation laws to offer the most current and effective representation available.

Frequently Asked Questions About Workers' Compensation in Greenville

What Should I Do Immediately After a Workplace Injury?

If you experience a workplace injury, prioritize your safety and health. Seek immediate medical treatment to assess the extent of your injuries. Prompt documentation of injuries and their correlation to workplace duties is essential for your workers' compensation claim. Report your injury to your employer as soon as possible, as delays can hinder your ability to collect benefits.

How Long Do I Have to File a Workers' Compensation Claim in Greenville?

In North Carolina, workers must inform their employer of a workplace injury within 30 days. Following this notification, the claim should be filed with the North Carolina Industrial Commission promptly. Timely filing is imperative, as exceeding deadlines can compromise eligibility for benefits. Consult a workers' compensation attorney for guidance on prompt filing.

Can I Choose My Doctor for Treatment Under Greenville Workers' Compensation?

Generally, your employer or their insurance company has the right to direct your medical treatment. However, you have the option to seek authorization from the insurance company to change your healthcare provider. Building a case for changing doctors may require demonstrating inadequate care or conflicts with treatment types. Legal guidance can assist in these appeals.

How Does Workers' Compensation Differ from Personal Injury Lawsuits?

Workers' compensation is distinct from personal injury claims. While workers' compensation guarantees benefits regardless of fault, it does not include compensation for pain and suffering. In contrast, personal injury lawsuits allow claimants to seek full damages, including pain and suffering, if negligence is proven. Understanding these differences helps injured parties make informed decisions about their rights and benefits.

What Can I Do if My Employer Retaliates for Filing a Claim?

North Carolina law protects workers from employer retaliation following a workers' compensation claim. Document incidents meticulously if you face termination, demotion, or unfair treatment. Legal action can be an option if employers violate your rights, allowing you to recover damages for unfair treatment. A workers' compensation attorney can provide insights into these protections and your options for recourse.

Contact Lanier Law Group, P.A. today to schedule a FREE consultation with our Greenville workers' compensation lawyer!

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.