What Every Injured Worker Needs to Know
Suffering an injury on the job is a stressful experience. You may be in pain, unable to work, and facing mounting medical bills—while also wondering if your employer or their insurance company will fairly handle your claim. Many injured workers find themselves caught in a frustrating process where their benefits are delayed, reduced, or outright denied.
Understanding Your Rights After a Workplace Injury
At Shankle Law Firm, we understand these challenges. We help injured workers in North Carolina secure the compensation they deserve by ensuring their rights are protected throughout the workers’ compensation process. If you suspect your employer may not handle your claim fairly—or if your benefits have already been delayed or denied—we can help.
What to Do If You Suspect Your Employer May Try to Deny Your Claim
Some employers and their insurance companies look for reasons to avoid paying full benefits. Common tactics include questioning whether the injury actually happened at work, delaying paperwork, or pressuring employees to return to work before they’ve healed.
If you suspect your employer may try to challenge your claim, taking the right steps immediately after an injury can protect you:
- Report the Injury in Writing: Even if your employer discourages reporting, North Carolina law requires you to notify them in writing within 30 days. Keep a copy of your report.
- See an Approved Doctor: Your employer’s insurance may require you to see a designated medical provider—but you still have the right to request a second opinion.
- Document Everything: Keep records of medical visits, conversations with your employer, and any paperwork related to your injury.
- Be Wary of Employer Tactics: If your employer delays filing your claim, suggests you use health insurance instead of workers’ comp, or pressures you to return to work too soon, consult with a workers’ comp attorney.
When employers make the process difficult, legal representation can help ensure you receive the full benefits you are entitled to under North Carolina law.
What Benefits Can You Receive Under Workers’ Compensation?
Workers’ compensation in North Carolina is meant to cover the full cost of a work-related injury, but insurance companies often look for ways to minimize payouts. Here’s what you should know about the benefits you’re entitled to receive:
Medical Treatment
Workers’ compensation covers all reasonable and necessary medical care related to your injury, including hospital stays, surgeries, rehabilitation, and prescription medications. However, insurers sometimes deny certain treatments, arguing they are unnecessary. If you encounter pushback, we can help ensure you receive the care your doctor recommends.
Wage Replacement Benefits
If your injury prevents you from working, you may qualify for Temporary Total Disability (TTD) benefits, which provide two-thirds of your average weekly wage until you can return to work. If you can work in a limited capacity but earn less than before, you may qualify for Temporary Partial Disability (TPD) benefits to make up for lost earnings.
Permanent Disability Benefits
For injuries that cause lasting impairments, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. The severity of your disability and its impact on your ability to work will determine the level of compensation.
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, North Carolina’s workers’ compensation system may provide job retraining or placement services to help you transition to a new role.
Death Benefits for Families
If a worker tragically loses their life due to a workplace injury, their dependents may be entitled to death benefits, including wage compensation and funeral expenses. These cases can be especially complex, and legal guidance can help families secure the full support they deserve.
Why Working With a Workers’ Compensation Lawyer Can Make a Difference
You might assume that filing a workers’ compensation claim is a straightforward process—but many injured workers run into obstacles they weren’t expecting. Insurance companies have a financial incentive to pay out as little as possible, and they often use delays, denials, and restrictions to reduce the amount of compensation you receive.
This is where an experienced workers’ compensation attorney can make a real difference. Here’s why legal representation matters:
- Insurers often undervalue claims: Many workers don’t realize they are entitled to more compensation than they are being offered. An attorney can ensure you receive the full benefits you deserve.
- Disputed claims can be difficult to appeal: If your employer or the insurance company denies your claim, you have the right to challenge their decision through the North Carolina Industrial Commission.
- Employers may retaliate against injured workers: While it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim, it still happens. If you are experiencing retaliation, we can help you fight back.
- Some cases involve third-party claims: If a third party—such as a contractor, manufacturer, or negligent driver—contributed to your injury, you may be able to pursue additional compensation beyond workers’ compensation.
If you’re struggling with delays, denials, or a difficult employer, hiring a workers’ compensation attorney can ensure your rights are protected and that you receive the full benefits you’re entitled to under the law.
Facing a Challenging Workers’ Compensation Claim? We Can Help.
At Shankle Law Firm, we understand the stress and uncertainty that comes with a workplace injury. We have spent years fighting for North Carolina workers to ensure they receive the benefits they rightfully deserve.
Call our team today to schedule a free consultation. If your employer or their insurance company isn’t treating you fairly, we’ll fight to protect your rights and secure the compensation you need to move forward.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.