An on-the-job injury can be an unsettling event. We have helped injured workers navigate the workers’ compensation system for 39 years. Whether it is helping to collect benefits for being out of work, permanent injury, or medical treatment, the attorneys at The Sumwalt Law Firm have the knowledge and experience to guide you through your worker’s compensation claim.
The North Carolina Workers’ Compensation Act provides benefits to employees who are injured as a result of a work-related accident, or who develop an illness or disease related to their jobs. Those benefits include:
We can help ensure that you are receiving all the benefits to which you are entitled under the law and assist you if you are experiencing delays in your medical treatment.
If your claim is compensable, you are entitled to wage loss benefits for any periods of time that your doctor holds you out of work, payment of your medical bills related to your injury, reimbursement for your mileage to and from doctors’ appointments that are over 20 miles roundtrip , and payment for permanent injury (a rating) to the injured body part in some cases.
If your claim is compensable, you will be entitled to weekly checks in the amount of 66 2/3% of your average weekly wage, which is most often determined by looking at the injured worker’s earnings during the 52 weeks preceding the accident.
A rating is a percentage of permanent disability to the injured body part. The percentage is assigned by the injured worker’s doctor at the point that the doctor determines the injured worker’s condition has improved as much as possible. The injured worker is entitled to a second opinion on the rating with a doctor of his or her own choice. Based on the percentage assigned by the doctor(s), the injured worker may be entitled to money for permanent disability in certain cases.
No. Unlike other areas of the law, pain and suffering is not a damage or benefit that can be recovered through a workers’ compensation claim.
Your workers’ compensation claim is your exclusive remedy against your employer in North Carolina. There may be an exception to this rule in very limited situations. However, you may have a claim against a third party other than your employer, like another driver in an automobile accident or the manufacturer of a machine that you use at work. We can assist you in determining this.
Your employer cannot retaliate against you for filing a workers’ compensation claim. However, they may still terminate you for other reasons. If you are concerned that you have been wrongfully terminated from your job, or that you might be, please contact us.
The North Carolina Workers’ Compensation Act does not provide a mechanism for spouses to recover damages for losses they experience as a result of a worker’s injury.
However, in some cases, a spouse, family, or household member may be eligible to receive payment for care they are providing to an injured worker, when that care has been ordered by a doctor. If you think this may apply in your case, you should contact one of our attorneys to discuss benefits that may have been overlooked in your claim.
In cases where the injured worker can no longer do basic things for himself of herself (e.g. prepare food, get dressed, move about their home without stand-by assistance, etc.), a doctor may order attendant care or supervision for a certain amount of time per day. Sometimes this care is provided through an outside home health agency and sometimes it is provided by family or household members. If this has been ordered in your case, or you think you need this care, we can assist you in obtaining that care either through an outside agency or obtaining payment for that care for your family or household member. We have litigated the issue of attendant care extensively in our appellate courts.
If you think you have a claim, please contact us by filling out the form below. We'll be in touch soon to discuss your case.