Durham Workers’ Compensation Lawyer

Durham Workers’ Compensation Attorney

If you or a loved one has been hurt working on the job in Durham or the surrounding areas, you could be entitled to benefits through the state-managed workers’ compensation insurance program. A Durham workers’ compensation lawyer from The Sumwalt Group can explain the full scope of the benefits you might be entitled to, such as lost income and medical expenses. They can also guide you through the process of accessing them.

At The Sumwalt Group, our dedicated legal team recognizes the hard work that employees across Durham bring to their jobs every day. We are therefore dedicated to protecting and defending their rights. Whether you have fallen off scaffolding on your construction site or had a heavy machinery accident in your factory, we can help you get access to the benefits you need to recover. We offer an initial consultation to discuss your case.

Understanding Workers’ Compensation in Durham, NC

The North Carolina Industrial Commission (NCIC) is the agency responsible for managing the workers’ compensation program for employees who suffer a work-related illness or injury. The workers’ compensation system is a no-fault program, which means workers can receive benefits, regardless of whether they were at fault for the accident or not. However, they forfeit their rights to sue their employee for any further damages.

Most workers in North Carolina are covered by workers’ compensation insurance, including part-time, full-time, and temporary workers, along with city and state government employees. Typically, contracted workers are not covered. It’s important to note, however, that workers who should be covered can commonly be misclassified as contractors. A skilled attorney can determine whether you have been classified correctly.

Although Durham does not have a dedicated NCIC office, workers who’ve been hurt on the job can get access to the workers’ compensation services they need through the nearest office, which is NCIC’s main office located in Raleigh at

430 N. Salisbury Street
Raleigh, NC 27603

Should My Employer Have Workers’ Compensation Insurance?

Most employers that have three or more workers are required by North Carolina law to have an eligible workers’ compensation insurance plan.

There are, however, specific exceptions, such as:

• Domestic workers in private households
• Specific logging or sawmill operations
• Small agricultural businesses that have less than ten employees

A detail-oriented attorney can learn whether your employer is complying with state workers’ compensation laws. If they discover any violations, they can take the right steps to protect your rights and interests.

Vernon Sumwalt

Free Consultation Today 704-565-0621

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Benefits You Could Be Entitled to Under Workers’ Compensation in Durham

If you or a loved one suffers a workplace-related illness or injury, you may be entitled to the following benefits under the workers’ compensation system:

• Medical coverage: You could obtain coverage for medical diagnosis, treatment, and management of your work-related injury or illness. You could also recover expenses for hospitalization, surgery fees, anesthesia costs, medical devices, rehabilitation fees, and prescription medications.
• Wage replacement: Depending on whether you are permanently or temporarily unable to work, you could be entitled to temporary total disability benefits or permanent partial disability benefits. Wage replacement is typically 66.67% of your average weekly wage, up to a maximum of the cap set by the NCIC.
• Vocational rehabilitation: If you cannot return to your previous job due to a permanent disability, you could get benefits for assistance with retraining or new job placement.
• Death benefits: If your loved one has died because of a work-related injury, you and your family may be entitled to death benefits under workers’ compensation.

Legal Support With Filing Your Workers’ Compensation Claim in Durham

After being injured on the job, you have 30 days to notify your employer about what happened. It is advised to do so in writing. If you delay doing this, you could jeopardize your right to file a claim under North Carolina state law. Additionally, a crucial part of filing any workers’ compensation claim is seeking authorized medical treatment. The doctor you go to must be authorized by your employer’s insurance company before you can get compensation.

If you disagree with the diagnosis made by your assigned physician, you have the right to request a second opinion. A detail-oriented attorney can help you navigate the complex process of:

• Understanding who qualifies as authorized medical personnel
• Requesting a second opinion if necessary
• Making sure all your medical expenses are covered by workers’ compensation

After you have the required medical documentation, a skilled attorney can help you accurately fill out Form 18, Notice of Accident to Employer and Claim of Employee, which you can submit to the NCIC by mail or online. They can also facilitate communication with your employer to make sure they carry out their required steps, such as submitting Form 19. Through their experienced guidance, your attorney can enable you to avoid unnecessary delays or rejections.

What to Do If Your Claim Has Been Denied

Employers and their insurance companies may try to deny workers’ compensation claims due to lack of medical documentation, missing paperwork, or disputing whether the injury or illness was actually work-related. If your claim gets denied, a skilled attorney can help you file a dispute with the NCIC. They can also collect the required evidence to further strengthen your claim, such as accident reports and medical evaluations.

A fierce workers’ compensation attorney from our firm can assist you with successfully appealing your denial. We can construct a strong, evidence-based argument to challenge your denial. Our team can use our decades of combined experience while fighting to get you the benefits you’re entitled to.

Why Hire a Durham Workers’ Compensation Lawyer?

It can be tough to navigate the complex workers’ compensation claims process on your own, especially as employers and insurance companies may commonly work to minimize your benefits. A dedicated Durham workers’ compensation lawyer from The Sumwalt Group can aid you with the following:

• Making sure your claim is filed correctly and on time to avoid delays
• Negotiating with insurance companies to maximize your benefits
• Collecting evidence and professional evaluations to bolster your claim
• Advocating on your behalf in hearings if you’re facing a claim denial
• Safeguarding you from any employer retaliation for filing your claim

We operate on a contingency fee basis, which means you only have to pay for our services if we win your case for you.

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Schedule a Consultation With a Durham Workers’ Compensation Lawyer

If you have been hurt on the job or suffer from a work-related illness in Durham or the surrounding areas, you do not have to navigate the complex process of accessing compensation alone. A detail-oriented Durham workers’ compensation lawyer from The Sumwalt Group can explain your rights and take the steps needed to secure an optimal compensation package. Schedule a consultation to discuss your case today.