Asheville Workers Compensation Attorney
Suffering an injury while at your place of employment is a truly frightening experience. You might find that you are unable to work because of the harm you sustained and cannot earn a living wage, all while having to face mounting medical debt associated with your injury. During these difficult times, it is vital to retain the services of an Asheville workers’ compensation lawyer who can help you file a claim and recover maximum compensation.
At The Sumwalt Group, our attorneys have been assisting clients recover benefits through workers’ compensation for over 50 combined years. We understand how vital these benefits are to you and your loved ones after suffering a traumatic injury or occupational illness, and we are passionate about doing everything in our power to ensure you receive compensation. The workers’ compensation system can be tricky, and we are here to help you through every step.
At The Sumwalt Group, our goal is to help you receive what you need to recover so that you can focus on healing and moving forward with the rest of your life. Allow us to handle all the complex legalities in your stead, explain to you your rights, and ultimately work toward an outcome that is most favorable to you. Unfortunately, there are a number of ways your employers or their insurance providers can delay or deny benefits.
At The Sumwalt Group, we won’t stand for either of those outcomes until every stone has been overturned. Let us get the job done and secure the necessary compensation.
Injuries and Occupational Diseases Covered by Workers’ Compensation in Asheville
Between 2021 and 2022, the state of North Carolina saw 57,616 claims filed for workers’ compensation benefits. In 2023, 177 claims were filed for fatal workplace injuries or illnesses. At The Sumwalt Group, we have experience handling a variety of workers’ compensation claims, including conditions and injuries such as:
- Exposure to illnesses associated with:
- Asbestosis
- Anthrax
- Mercury poisoning
- Radium poisoning
- Carbon monoxide poisoning
- Hydrofluoric, hydrochloric, or sulfuric acid poisoning
- Lead poisoning (in certain cases)
- Zinc poisoning
- Manganese poisoning
- Brass poisoning
- Phosphorus poisoning
- Benzol poisoning
- Hearing loss due to workplace noise, such as on construction sites
- Bursitis
- Compressed air illness
- Undulant fever
- Miner’s nystagmus
- Several types of cancers, including epitheliomas and lung cancer
- Blisters caused by pressure from tool usage
- Silicosis
- Bone fractures caused by pressure
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Shoulder, back, neck, or head injuries
- Injuries to joints such as the knees, ankles, or elbows
- Burn injuries
- Repetitive stress injuries, such as carpal tunnel syndrome
If you have suffered any of these workplace injuries or occupational illnesses, The Sumwalt Group is here for you. Let us guide you through this difficult time and provide the legal resources you need to secure benefits through your employer’s workers’ compensation insurance.
What to Do After a Workplace Injury
If you suffer a workplace injury in Asheville, taking the right steps can help protect both your health and your ability to secure compensation. These steps include:
- Notify your employer: The first step you will want to take after suffering a workplace injury or illness is to notify your employer right away via email, in person, or with a letter. You will want to explain to them exactly what took place, including locations, times, dates, and anyone who might have witnessed the accident. You will also want to ensure that you keep a copy of this letter for yourself or record your oral report.You will also want to record the name of the individual you spoke with at your company regarding your injury, such as a supervisor. Remember, in North Carolina, you only have 30 days following your injury to report the incident to your employer. Otherwise, you can lose out on your chances of recovering compensation. One of the most common reasons for individuals being denied benefits is that they waited too long to report.
- File paperwork: In North Carolina, all workers’ compensation claims are handled by the NCIC, or the North Carolina Industrial Commission. It is your responsibility to file your claim with the NCIC soon after you are injured at work. Failure to do so could cause you to lose all your chances for compensation with the system. This process can be confusing and frustrating, and the time limits involved can leave you confused.There can be many forms involved, and it is vital to know how to correctly fill out these forms and the proper avenues through which you can file them. Therefore, speaking to an attorney and having their assistance in assuring all paperwork is filled out and filed properly is essential.
- Receive medical attention: Even if your injuries don’t seem severe, it can be wise to have yourself checked out by a medical professional. However, if your injuries are life-threatening or severe, it is vital that you receive urgent medical care as soon as possible. Do not assume you can simply diagnose the extent of your physical harm on your own. In some cases, you might not begin to feel pain until after your accident.This is why it is so important that no matter the circumstances of your accident and injury, you seek the attention of a doctor who can examine you and speak to the extent of your injuries, and offer a treatment plan that can be filed with your claim for compensation. By visiting your doctor and following their treatment plan, you can offer evidence that you are taking the needed steps to help yourself recover.
- Contact an attorney: Last, but not least, it is vital that you speak with an attorney. Many victims of workplace injuries and illnesses do not fully understand their rights and can face claim denials or a reduction in the compensation awarded to them because they do not realize the full extent of what they are entitled to, thanks to the regulations of the North Carolina workers’ compensation system.When you choose to work with an attorney, the team at The Sumwalt Group can help ensure that you understand every aspect of your case and the rights you are legally entitled to. We can handle all the complicated aspects of your case in your stead, taking away the legal headache and hassle, so that you can focus on your own rest and recovery. Allow us to do the work to ensure your rights are protected.
Serving Clients Throughout
North Carolina
Why a Claim for Workers’ Compensation Might Be Denied in Asheville
The unfortunate reality is that hundreds of legitimate workers’ compensation claims are denied every year in North Carolina. There are many reasons why a claim might be denied, including:
- Your claim has missing forms or required documentation.
- There is a lack of credible evidence in your case, such as medical records or eyewitness testimony.
- Your injury is considered to be not severe enough to qualify for benefits.
- There are disputes with your employer’s insurance company or your employer themselves.
Thankfully, having your initial claim denied is not the end of the road, and an attorney from The Sumwalt Group can help you file an official appeal to this decision. We won’t stop fighting for you until all possible legal avenues are exhausted.
FAQs
A: In North Carolina, there are certain cases where your injuries will not be covered by workers’ compensation. This can happen if your injury was the result of a self-inflicted accident, you were impaired due to drugs or alcohol when the injury occurred, you were committing a crime while the injury occurred, or the injury only happened because you were violating company policies and procedures.
A: There are several benefits you may be entitled to under workers’ compensation, depending on the nature and severity of your injuries. These benefits can include compensation for all related medical costs, for all related lost wages, partial or complete disability benefits, job retraining benefits, or death benefits, should a loved one be lost due to their workplace injury.
A: Yes, in North Carolina, in certain situations, you may be able to file a third-party claim in addition to your claim for workers’ compensation. This can happen when you suffer an injury on the job due to the negligence or reckless behavior of another party. Examples might include suffering an injury due to the actions of a subcontractor or someone else visiting the jobsite.
A: In order to recover workers’ compensation benefits in North Carolina, there are two main elements that you and your attorney will need to prove in your case. First, you will need to demonstrate that you were employed when the injury took place, and second, that the injury or illness you are suffering from was a direct result of your employment.
Speak With a Compassionate Asheville Workers’ Compensation Lawyer
If you or a loved one has suffered a workplace injury or illness in Asheville, the team at The Sumwalt Group is here to help. Contact our offices today to schedule your free consultation and learn how we can be of service to you in your claim for workers’ compensation.