Certified* Charlotte, NC Workers' Compensation Attorney

When you have an accident at work, your first thoughts may jump to questions such as:
“Will I be okay?”
“How will I pay my bills?”
and maybe worst of all, “Will I lose my job?”

Workers’ compensation laws were designed to protect workers by addressing those questions.

Recovering from a job injury can be a frightening time, especially if you're overwhelmed with medical bills and are being forced to miss days of work due to your injury. Workers' compensation is a unique form of insurance overseen in North Carolina by the North Carolina Industrial Commission (NCIC) that was made to protect both employers and employees.

Put simply, workers' compensation benefits include wage replacement and medical benefits for employees who suffer work-related injuries, and in exchange those benefits, the employee's right to sue the employer for negligence is foregone. This way, both parties are able to benefit.

The North Carolina Workers’ Compensation Act requires all businesses with more than three employees to obtain coverage, whether the business is a corporation, LLC, PLLC, etc.. . However, there are exceptions for federal employees, certain farm or railroad workers, and others. In many circumstances, the NC workers’ compensation law can be complex and confusing. It can become is even more complicated when workers' comp claims are denied.

Injured workers should understand that North Carolina workers’ compensation insurance companies 
and adjusters are not on their side. It is the insurance adjuster's job to save the insurance companies money and pay out as little money as possible to North Carolina’s injured workers. Do not expect your employer’s workers’ compensation insurance adjuster to explain your rights to you. That is not their job.

If you have suffered an injury on the job or developed an occupational disease; or, if you've filed a workers' compensation claim with your employer's insurance company and received a denial, it is highly recommended that you obtain a workers' comp lawyer, specifically, an injury attorney who is classified as a specialist in NC workers’ compensation law.

When your wages, your family, and your future are at stake, you need a workers' compensation attorney who is a specialist, not just any attorney. You need a super lawyer who knows the playing field and can offer you exceptional representation and a dedicated attorney-client relationship.

You certainly wouldn’t consult a foot surgeon about heart surgery. And you wouldn't hire a criminal lawyer for a divorce. Likewise, don’t hire just any practice area attorney to handle your workers’ compensation case. Even an employment law attorney won't do.

Hire a workers’ compensation lawyer who is a specialist with years of experience and superior knowledge of NC workers’ compensation law. Hire Maggie Shankle, a NC Board Certified Workers’ Compensation Specialist.

Maggie and her outstanding NC workers’ compensation team will help you determine if you’re entitled to financial compensation after being injured on the job or suffering from a work-related illness. They will be with you every step of the way.

If it’s serious enough to keep you from returning to work, we can help with your workers’ compensation claim. Workers' compensation benefits typically include coverage for your medical expenses and lost wages, as well as compensation for catastrophic injuries resulting in permanent disability or disfigurement.

Unfortunately, collecting the money you are due from your workers’ compensation claim can be difficult. Workplace injuries must be reported as soon as possible to claim benefits. This works the same as any personal injury claim in that getting immediate medical care proves the source of your injuries and keeps insurance companies from discrediting your claims. Whether you've suffered a personal injury in a car accident or at work, any delay in medical attention could cost you hundreds or even thousands of dollars owed to you.

Focus on taking care of yourself following a workplace injury and let Maggie and her workers’ compensation team at Shankle Law Firm, in Charlotte, NC take care of your case. Contact us to schedule a free consultation where we can detail our tremendous depth of experience and demonstrate the personal attention we'll devote to your case. We are ready, willing, and fight for you and your best possible resolution!

High-Risk Occupations in North Carolina

Below are examples of high-risk industries and occupations. However, workers can be injured in any type of job, even if it is not high-risk:

• Medical – caregivers / paramedics / nurses
  Healthcare professionals are at risk for back injuries, joint injuries, and repetitive strain injuries due to the physical demands of most medical jobs. They're also at risk of personal injuries from needle sticks and cuts from medical equipment, not to mention the exposure to harmful chemicals and infectious diseases.
• Construction – laborers / roofers / carpenters / electricians
  Construction workers face constant dangers of slips and falls, which are among the most common workplace injuries. Amputations, burns, electrocution, and broken bones from heavy machinery accidents are also common risks.
• Warehouse Workers – forklift drivers / machine operators
  Heavy equipment accidents, exposure to harmful chemicals, and risks of falling objects can all lead to a personal injury case.
• Manufacturing – assembly lines / production workers
  Burns, broken bones, amputations from being caught in an auger or other machines, and muscular disorders from repetitive actions are all real risks.
• Transportation – truck drivers
  Car accidents are common and can be caused by anything from fatigue or equipment failure to speeding and driver impairment.
• Emergency Services – police officers / firefighters
  Emergency responders put themselves in danger during every call, and they're at higher risk than most of being victims of violence.
• Landscaping – tree cutters / landscapers
  Excessive lifting and strain is the most common cause of workplace injuries for landscapers, though they also run the risk of equipment-related injuries.
• Hospitality – restaurant / hotel workers
  Hospitality workers are at near-constant risk of slipping on slick surfaces, suffering cuts or burns, or suffering repetitive strain injuries from moving products.

Common Workplace  Injuries Needing a Workers' Comp Attorney

Below is a list of work-related injuries that are commonly reported in the NC workers’ compensation system. Remember, the list is not an exhaustive list and that any work injury may qualify for workers’ comp benefits. 

• Lacerations, Burns & Electrical Shocks
• Amputations
• Fractures / Broken Bones (arms, hands, fingers, legs, ankles, feet, jaw)
• Joint Injuries
• Sprain / Ligament Injuries
• Eye / Hearing injuries
• Shoulder Injuries
• Back Injuries
• Spinal Injuries
• Traumatic Brain Injuries
• Dismemberment / Loss of Fingers or Toes
• Injury Resulting in Wrongful Death
• Carpal Tunnel Syndrome
• Other Workplace Accidents

Workers’ Compensation Benefits 
and Settlements

The amount of compensation injured employees can expect from their North Carolina workers’ compensation claim varies based on the length of time you are out of work and the impact the injury has on your ability to work. Following is an overview of the benefits that may apply when you are injured at work.

Temporary Disability Benefits

If you are unable to work for more than seven days due to your injuries or illness, you may be entitled to receive part of your weekly average pay. These workers’ comp benefits are called temporary total disability benefits (TTD). The first seven days of disability are not paid unless you end up missing more than 21 days of work.

Your workers’ compensation benefits will be two-thirds of your gross average weekly wage. Your average weekly wage will be calculated using your gross wages in the year before your injury occurred. Overtime wages and bonuses are also included in your average weekly wage. There is a cap on the amount of TTD you may receive even if two-thirds of your average would exceed the cap. The maximum amount of weekly benefits that workers can receive if they were injured in 2020 is $1,066 and changes with each year.

Most workers are eligible to receive up to a maximum of 500 weeks of temporary total disability benefits. In cases where the injured worker has no ability to earn wages, the timeframe may be extended; however, the inability to earn wages must be proven in court and the benefits must be applied for after receiving 425 weeks of compensation.

Temporary Partial 
Disability Benefits (TPD)

In the event you can return to work but your injury causes you to earn less money, TPD benefits may be available to you. TPD benefits equal two-thirds of the difference between your pre-accident wages and what you can earn after the accident. For example, if you made $800 per week before being injured and now make $500 per week, you could receive two-thirds of the $300 difference (which is $200) for up to a maximum of 500 weeks.

Permanent Total Disability Benefits

If your injury or illness has left you permanently and totally disabled, you may receive weekly payments at the temporary total disability (TTD) rate for life. Only in the most serious of cases are these benefits paid:

• Severe burns over thirty-three percent (33%) or more of the total body surface 
• Severe brain or closed head injury
• Spinal injury involving severe paralysis of both arms, both legs, or the trunk 
• The loss of both hands, both arms, both feet, both legs, both eyes, or any combination thereof 

Permanent Partial 
Disability Benefits

If your doctor finds that you have a permanent partial disability, you may be eligible for additional benefits. North Carolina General Statute §97-31 lists the maximum number of weeks of disability payments available for damage to different body parts. The amount you could receive depends on your average wages and how much permanent damage you suffered to a specific body part.

Additional awards for certain types of partial disabilities may also be made by the North Carolina Industrial Commission. They include:

• Up to $20,000 for serious disfigurement to the face or head
• Up to $10,000 for serious disfigurement to another body part, and
• Up to $20,000 for permanent disability to any external or internal organ

Additional Benefits

Additional workers' comp benefits include:

• Necessary and reasonable medical treatment. Workers’ compensation pays for all reasonable and necessary medical treatment related to a work injury, as long as your treatment is authorized. Your employer or the insurance company can send you to a physician of their choosing, but you can request permission from the North Carolina Industrial Commission to see your own doctor. Mileage to and from doctor’s appointments are also covered so long as the distance is 20 or more miles round trip.
• Vocational rehabilitation. If you are unable to return to your normal job, you can receive placement services and other assistance trying to find new employment that accommodates your disability.
• Death benefits. A worker’s spouse, children, or other dependents can receive death benefits when the worker passes away due to a work injury. The benefit is two-thirds of the worker’s average weekly wage for up to 500 weeks. They will also be provided with up to $10,000 to cover funeral and burial expenses. If the death benefit is payable to a minor child, benefits are paid until the child reaches 18 years old.

Why You Need a Workers' Compensation Lawyer: Common Injury Claim Pitfalls

One of the most common challenges seen with a compensable claim is simply that it was filed late. Injured workers typically have 30 days to file a claim, and it's always best to notify your employer of your claim as soon as possible. You should be provided with a form to fill out, and be sure to keep copies of all relevant paperwork in case you need legal representation later.

You'll also need to be sure you see a doctor approved by your workers' compensation insurance to make sure your treatment is covered. Speaking of treatment, be sure to follow all recommendations; otherwise, the insurance company may be able to argue you aren't taking your injury seriously.

If you receive a denial for your claim that you believe is unfair, you may first file with the NCIC to have a conference with a mediator to see if you can reach an agreement. If this fails or your employer tries to retaliate for your claim later, you'll need superior legal advice and advocacy from a North Carolina workers’ compensation lawyer.  

Employer retaliation is difficult to prove and can take many forms including demotions, pay cuts, schedule changes, and unfair discipline or harassment. Keep a detailed record of what incidents occur and when, and our workers' comp attorney, Maggie Shankle, and her outstanding team will get your case in front of an administrative law judge.

To avoid the above pitfalls, we recommend you call Maggie Shankle at Shankle Law Firm in Charlotte, NC as quickly as possible following your work related accident and arrange your initial consultation. Let us make sure you get the care and compensation you deserve.

Have questions about your rights?

* Maggie Shankle is Board Certified by the North Carolina State Bar as a Specialist in Workers’ Compensation Law. This puts her in an elite class of specialists who have met rigorous criteria, including additional testing and displaying a superior understanding of Workers’ Compensation Law.