Working to Recover Full Benefits for Injuries on the Job or Illnesses Caused by Workplace Conditions

Workers’ compensation benefits are available to employees who suffer from many types of injuries in a wide range of work environments in the Raleigh area. Employees can also receive benefits if they are suffering from a debilitating illness, such as cancer, that is caused by exposure to toxic substances on the job.

It is vitally important for workers to understand when their injuries are covered and what they need to do to secure full benefits under the program. While workers’ compensation was developed to prevent the need for personal injury lawsuits, the process for recovering benefits through the program is so vigorously contested by insurance companies that it can be nearly impossible to succeed without representation and assistance from an experienced Raleigh workplace injury lawyer.

At Martin & Jones, we have been fighting to protect injured workers for decades, and we know what it takes to unlock the full potential of the workers’ compensation claims process in North Carolina. We’ve helped workers recover full benefits after a wide variety of workplace injuries and illnesses. If you contact us for a free consultation, we can explain the benefits available to you and the most effective way to access them.

Injuries Covered by Workers’ Compensation in Raleigh

Essentially, any injury that occurs while you are working can be considered a workplace injury covered by the workers’ compensation program. Some injuries occur in dangerous environments, such as construction sites, while others occur in mundane settings that seem “safe,” such as an office.

You don’t need to prove that your workplace was unsafe or that your employer did something negligent in order to receive workers’ compensation benefits. You just need to show that the injury occurred by accident and was caused by your employment. If your employer or the insurance company tries to insist that your injury did not arise “out of and in the course of employment,” a Raleigh workplace injury lawyer could present evidence and legal arguments to show why your injury should be covered under the Workers’ Compensation Act.

To see how a variety of injuries are covered by the program, it is helpful to consider various types of injuries and how they arise. In many cases, an employee must be able to trace the injury to an accident—an unexpected event that caused it. An example would be an injury that occurs when a worker trips over merchandise and falls. The fall was an unexpected event, so it can satisfy the requirement for an accidental injury.

Broken Bones

Bones in the human body can fracture in numerous ways, and in many instances, it can be difficult or impossible to restore the bone to the condition it was in before the fracture. A straight-line fracture, such as an oblique or transverse fracture, may require surgery and an extensive recovery period, but in many cases these injuries can heal with the right treatment. More complex fractures, such as comminuted fractures with multiple breaks, segmental fractures that leave separate pieces of bone, spiral fractures, and compound fractures, can lead to complications that prevent the injury from healing fully.
Bone fractures frequently occur in job settings of all types, from construction sites and warehouses to offices and stores.

Back and Neck Injuries

Injuries to the back and neck are some of the most common workplace injuries in Raleigh. In fact, because back injuries are so prevalent, an employee only needs to be able to point to a “specific traumatic incident” as the source of the injury rather than an unexpected accident. The specific incident does not need to be something dramatic or extraordinary. A worker could be undertaking regular tasks in the normal way, such as stacking boxes, when they notice a shift or pop in their spine, and the injury could be covered by workers’ compensation.

Injuries to the back and neck frequently involve damage to muscles, ligaments, and tendons or the disks in between vertebrae. The damage is often referred to as a strain or sprain, and though it may sound minor, the effects can be devastating, leaving workers with intense pain that prevents them from sitting or moving without extreme distress.

Injuries to the Brain and Other Parts of the Head

Falls and collisions frequently cause brain damage. While these types of injuries are often anticipated in some jobs on construction sites or other hazardous work sites, workers can suffer head injuries while doing any type of job. A fall that causes a traumatic brain injury could occur if a construction worker falls off scaffolding or when an office worker falls down a small flight of stairs.

Injuries to the brain, the eyes, the ears, or other parts of the head can have profound long-term consequences. A knowledgeable Raleigh workplace injury lawyer works to recover additional benefits for permanent disabilities that result.

Conditions That Develop Over Time

Exposure to hazardous substances or stressful conditions can cause serious harm that develops over time. This type of damage is considered an occupational illness rather than an injury. Workers can receive benefits when workplace conditions cause problems, such as:

• Lead poisoning
• Silicosis
• Hearing loss
• Cancer
• Carpal tunnel syndrome
• Heart attack or stroke
• Lung damage

It can be challenging to prove that workplace conditions caused the damage, which is one reason it can be so helpful to work with a workplace injury lawyer in Raleigh.

Benefits Available for Workplace Injuries

The North Carolina workers’ compensation scheme provides several types of benefits. Medical benefits cover medical care, such as surgery, doctor visits, and rehabilitation therapy. Wage benefits provide income to make up for wages lost when an employee is unable to work due to an injury. These can be awarded on a temporary or permanent basis, and the amount of payments can vary depending on whether the illness or injury prevents a worker from engaging in any employment or allows the employee to continue working at a reduced rate.

In addition to benefits to provide medical care and wage replacement, a worker may be eligible to receive vocational rehabilitation services and disfigurement benefits. If a worker is killed due to an on-the-job injury or occupational illness, then family members may receive death benefits. A Raleigh workplace injury lawyer at Martin & Jones helps employees recover the full benefits available in their particular situation, and fights to maximize settlement of claims.

FAQs About Workplace Injuries in Raleigh

What is the first step I should take after a workplace injury in Raleigh?

Your health is the most important issue, so the first step is to secure the medical care you need. Don’t hesitate to call 911 or head to the emergency room if an injury is serious. If your injury is less critical, then you still need to seek treatment, but it is best to notify your employer of the injury and seek care from a physician who has been approved by your employer or the insurer that provides their workers’ compensation coverage.

Do I get to choose my own doctor for my work injury in Raleigh?

There are complex rules about medical coverage for workers’ comp claims in Raleigh, and if you don’t follow the rules, you could end up liable for some of your own medical expenses. Unless your injury requires emergency attention, you should first have your injury examined by a doctor who is on the list of approved providers. If you want to see a different doctor and want the expense to be covered by workers’ compensation, you should contact the North Carolina Industrial Commission to request a new physician.

What is the process for an injury claim?

The first two steps in the process are to get an initial medical exam and notify the employer about the accident. If you are hurt too badly to report the injury yourself, you can have a family member, friend, or health care provider notify your supervisor or the owner of your company about the accident and injury. Within 30 days, you will also need to provide written notice to the employer, including the date and a short description of the injury. During this time, it is important to follow your doctor’s instructions, and you may need to seek a second opinion.

The next step is to file Form 18 with the North Carolina Industrial Commission to formally initiate the claims process. You should also provide a copy to your employer and their insurance provider, and keep a copy for yourself. The employer or insurance company will review the claim and must notify you within 14 days whether they accept or deny the claim. Denials are quite common, even when a claim clearly qualifies for coverage. To appeal a denial, it is necessary to file a Notice of Intent to Appeal, participate in mediation and, if results are not favorable, request a hearing. During the hearing, an administrative law judge will review evidence and render a decision.

Can my employer fire me for filing a workers’ compensation claim?

North Carolina law prohibits your employer from firing you because you filed a workers’ compensation claim. However, an employer is permitted to terminate employment while you are receiving benefits if the employer has a legitimate reason not related to your claim, such as if your employer determines that your injuries prevent you from performing your job.

Do I need an attorney to file a workers’ compensation claim?

Nothing in the law requires representation by an attorney during the workers’ compensation claims process, but employees generally find it effective to work with an experienced Raleigh workplace injury lawyer as early in the process as possible. Advice from your lawyer can help you avoid common mistakes that lead to the denial of your claim. If a claim is delayed or denied, a knowledgeable attorney can enable you to make the most of the appeals process, particularly the hearing and any further appeals that need to be made in court.

Find Out More About How Martin & Jones Helps After Workplace Injuries in Raleigh

When you’ve been hurt, you need to focus on healing and rebuilding your life. You don’t deserve to lose sleep worrying about insurance and legal requirements. So allow a Raleigh workplace injury lawyer at Martin & Jones to manage your workers’ compensation claims process and work to secure the maximum compensation available in your situation. For a free consultation to discuss the assistance our team can provide, call us now at 800-662-1234 or contact us online.