What To Expect During A Workers Compensation Lawsuit - Did you know that transportation-related injuries and fatalities top the list of occupational hazards in the US?
Did you know that transportation-related injuries and fatalities top the list of occupational hazards in the US?
That’s right. They’re responsible for numerous losses and claim thousands of lives 2 083 work-related accidents were reported in 2016 alone.
Around 3.7 million people get injured every year. This is why the number of workers’ compensation lawsuits remains exceptionally high. This is the reason for the reason North Carolina implements strict laws regarding the safety of workers.
If you or someone you know was involved in an accident at work, be aware that you can claim compensation.
However, the laws are complicated. Therefore we’ve compiled this workers’ compensation claim and lawsuit guide you can follow.
Legal Standards in the State of Workers Compensation in NC
It is the Tar Heel State has a three-employee policy in the area of workers’ compensation. The law requires all businesses with three or more regular employees to have insurance. There are exceptions, however.
If your job puts the employee at risk of radiation exposure, the one-employee policy is in effect. That is, it doesn’t matter whether you’re the sole employee. In the event of the possibility of radiation exposure, the employer must carry workers’ insurance.
Be aware that the word ’employee’ in NC refers to any employee with an employment contract. This includes part-time employees in addition to seasonal and temporary employees.
Keep in mind that North Carolina strictly enforces its workers’ compensation laws. It’s a legal requirement that is only possible for some to waive, not even in writing.
Affiliating a Workers Compensation Lawsuit Even Though There’s no Insurance
If employers meet the requirements of the above list and meet the requirements, they could be facing severe legal problems if they do not have insurance. The same goes for companies that aren’t insured. Underinsured businesses have insurance, but the coverage needs to be increased.
Employees may sue individuals or the companies they are employed by in both instances. However, If they don’t, they can sue the North Carolina Industrial Commission and take action against these employers.
In reality, only a few decades ago, the federal agency analyzed more than 2000 instances of potential workers ‘ compensation insurance problems. The results were 800 employers being brought into compliance. Unfortunately, 71 employees already suffered injuries as a result of the fact that the employers did not have adequate insurance.
Employers who are who do not have workers’ compensation insurance in NC can range from $18,250 up to $36,500 each year. They must pay this up regardless of whether workplace injuries occur or not. This is on top of the amount they’d have to pay if employees sued them.
How to determine if you have a Case pain and suffering
If you are considering submitting the workers’ compensation claim, be sure you have a valid case. Also, the field of employment law can be hazy, and it is recommended to seek an expert’s advice in a situation like this.
It is important to remember that workers’ compensation does not cover all injuries in North Carolina workplaces. However, it covers injuries that result from accidents within the working environment and within the scope of their employment.
The term”accident” refers to any unexpected incident that causes injuries. This includes back injuries, provided that the worker can establish a specific catastrophic’ accident that caused the injury.
When denials are made
The Tar Heel State strives hard to ensure the safety of both employees and employers. However, there are many instances where insurance companies refuse to pay legitimate claims for workers’ compensation.
This is commonly due to the time delay when notifying an insurer of or making a claim.
Certain insurance companies also doubt whether the injury resulted from a workplace accident. They can also not accept claims of injuries when victims are independent contractors.
You should know that you can seek assistance from the NC Industrial Commission. NC Industrial Commission for this issue. You have the right to ask for a hearing. It’s as easy as filing a completed Form 33 Request for Hearing.
The agency will then decide if the injury is covered under the workers’ compensation insurance. To make the process easier, it is recommended that you hire an attorney who is specialized in these instances.
Employers are also notorious for denial of allegations made by employees against them. You can follow the same procedure of filling out Form 33. You’ll need to prove that you are eligible for workers’ compensation benefits, and it’s a good idea for a legal professional on your side.
What kind of evidence do you need to create?
The lawyer you hire will assist you in finding any relevant evidence, like witness statements from your colleagues or friends. A doctor’s report can assist, along with evidence showing that your injury resulted from a work-related hazard or an accident.
Making a claim Right Away
You must submit your accident-related injury lawsuit as fast as possible. Statutes of limitation within North Carolina indicate that employee must file their claim within 2 years after the date of the injury.
If you’ve suffered a workplace accident, make sure that you file Form 138 right away.
Also, provide your employer with the form. Make sure to include the most pertinent information on the form, including details of the circumstances that transpired before and during the incident.
It is recommended to file a claim with NC. Industrial Commission even after informing your employer of the accident. Even if you’re on good terms with your employer, you cannot rely on your employer to assist you through the process – because it’s your case against them.
You should hire an expert for workers’ compensation who will protect your best interests.
Employing a Lawyer to Help You With the Purpose of a Workers Comp Lawsuit
Whether small or significant, injuries at work are often tragic or even traumatic, they not only cause suffering and pain but can also result in financial issues. Your employer is responsible for shielding you from such, but that doesn’t mean they’ll.
In the same way, it is essential to note that not all claims are legitimate. To make sure your workers’ compensation claim is based on a valid basis, it is advisable to speak with an attorney. This is where we come into.
Contact us now. We’ll be more than pleased to offer you no-cost case evaluations to verify the claim’s validity.
