Charlotte Workers’ Compensation Attorneys
Helping You Obtain the Benefits You Deserve
Regardless of what you do for a living, you should feel safe and comfortable going to work each day. Everyone deserves a safe work environment.
Unfortunately, accidents can and do happen in the work place. What happens when an accident occurs and you are hurt at work? Who will pay the medical bills? How will you support yourself and your family? Where can you turn for assistance?
At Charles G. Monnett III & Associates, we understand the difficulties and uncertainties injured workers face after an accident. While we hope you are never involved in a situation where you need legal assistance because of an on the job injury, it’s important to know your rights, responsibilities and options.
If you or someone you know has been injured at work or died as a result of an on the job injury, we are available to help. This can be a difficult and stressful time, but you don't have to go through it alone. At Charles G. Monnett III & Associates, we are here to assure you that there is a better tomorrow—and our Charlotte workers’ compensation lawyers can help you get there.
What Is Workers' Compensation?
Workers' compensation, often referred to as “workers’ comp” or “work comp,” refers to a type of insurance that certain employers must purchase by law. Workers’ compensation insurance coverage provides benefits for most employment-related injuries and illnesses and is meant to provide employees with medical benefits and income replacement.
Workers' Compensation in North Carolina
In North Carolina, the Workers' Compensation system, is governed by the North Carolina Workers’ Compensation Act (North Carolina General Statute §97). The North Carolina Workers’ Compensation Act is enforced and administered by the North Carolina Industrial Commission. In North Carolina, workers’ compensation is a no-fault system. While this process does not involve a lawsuit. Under the North Carolina Workers’ Compensation Act, most employers are required by law to carry workers’ compensation insurance to cover injuries and death that occur on the job.
Generally, if an injury occurs in the course and scope of employment, regardless of whether the employee or employer was negligent or otherwise at fault, the injured worker receives benefits that may include wage replacement, medical treatment, payment for permanent impairment or other assistance such as travel reimbursement and/or attendant care services.
What Are Workers’ Compensation Benefits?
Workers' compensation benefits can help alleviate the financial stress associated with missed wages and expensive medical bills.
North Carolina law provides that injured workers are to be paid two-thirds of their average weekly wage while out of work due to an on-the-job injury. The workers’ compensation insurance company is also responsible for paying for all costs of medical treatment and any permanent impairment rating that is recommended by your authorized treating physician.
Workers' compensation can cover the following:
- Total cost of related medical care, including the cost of initial treatment and follow-up care
- Temporary disability benefits, if the injury prevents you from doing your job
- Permanent disability benefits, if you are unable to fully recover from the injury or unable to return to work
- Retraining costs, if you are unable to return to your prior employment
- Benefits to survivors, including payments to a spouse, children, or dependents if the injury results in death
Workers compensation insurance companies often try to limit what they pay to an injured employee. We can help expedite your claim and ensure you receive the maximum benefits you are entitled to by law.
What Workers’ Compensation Does Not Cover
If you have been injured at work, it’s important to understand what is not covered by workers’ compensation.
Unfortunately, workers' compensation benefits do not cover the cost of pain and suffering.
Workers’ compensation benefits do not cover injuries caused by intoxication. If the injured worker was under the influence of drugs or alcohol while were injured on the job, they could be denied benefits. Employers can order a drug and alcohol test for the injured employee and positive test results may disqualify the injured employee for benefits.
Compensation can also be denied if an employee was not following company policy at the time of the injury, if the injury was self-inflicted, or if the injury occurred outside of work.
Keep in mind that if you collect workers compensation benefits for your injury, generally you cannot later sue the company for that same injury.
If you have questions about your claim, we can help you. Contact our workers’ compensation attorneys in Charlotte today. We work with injured workers all over the state, making sure our clients’ claims are properly filed and handled.
Who Is Covered Under Workers' Compensation?
Most types of employees are eligible for workers' compensation benefits, however workers' compensation benefits may not cover certain types of employees, such as:
- Independent contractors
- Workers in private homes
- Railroad employees
If you’re not sure whether you are covered, it's best to consult a lawyer if you have been denied workers' compensation benefits based upon your employment status.
Our Workers’ Compensation Success Stories & Settlements
Begin your claim today. Over the past 37+ years, we’ve served countless families whose lives have been shattered by a workplace injury. We know that for many, it’s not about the money; it’s about recovery, hope, justice, and affording the best possible way to heal from such a difficult time. If this describes you or your loved one and you would like to speak with a workers' compensation attorney in Charlotte today, call us at (704) 859-2003. Not only can we help you navigate your claim and fight to ensure you receive the maximum benefits you are entitled to by law, but we will also stand for you and support you the entire way.
Nothing matters more to us than helping our clients get what they deserve. The following successful settlements are just a handful of stories from people just like you that we have helped towards recovery.
In Campbell v. Garda USA, Inc. our firm successfully fought for a client whose claim was denied. We were successful through two levels of appeals to the North Carolina Court of Appeals.
In Myers v. Ben Mynatt Chevrolet Cadillac we were successful at all levels of appeal when an employer wrongfully denied a long-time employee’s back injury as a compensable workers’ compensation injury.
In Holloway v. CV Indus., Inc., we were successful in obtaining attendant care for an injured client who could no longer take care of herself due to her work-related injury when attendant care services were denied by her employer and their insurance company.
Charles G. Monnett III & Associates has won the following for our clients:
- $2,500,000 for a woman who sustained a traumatic brain injury after her vehicle was struck by a commercial truck while stopped in a construction zone
- $1,250,000 for a man who sustained a traumatic brain injury as a result of an exploding tire and rim
- $750,000 for a woman who sustained a traumatic brain injury as a result of a wreck on the job
- $600,000 for a man who fell on a construction site where the general contractor failed to have OSHA-required barriers in place
- $500,000 for a man who sustained a mild traumatic brain injury after falling down a flight of steps at work
- $350,000 for a man who fell into an open sewer line, receiving a hypoxic brain injury and neurological disorder
- Visit our case results page to learn more about how we’ve helped injured workers recover the benefits they were entitled to after suffering devastating work-related injuries.
case results page to learn more about how we’ve helped injured workers
recover the benefits they were entitled to after suffering devastating work-related injuries.
Common Causes of Workplace Injuries
Injuries on the job are caused by a number of different factors, including but not limited to:
- Heavy lifting
- Crane failures
- Crush injuries
- Car wrecks on the job
- Shock or electrocution
- Forklift/warehouse injuries
- Construction accidents
- Scaffolding failures/collapses
- Falls from ladders, platforms, lifts, unguarded edges, or openings
Workplace Injury Statistics
In 2018, there were a total of 178 reported fatal work-related injuries in North Carolina (Bureau of Labor Statistics).
The breakdown of these incidents is as follows:
- Transportation incidents: 84
- Contact with objects and equipment: 24
- Falls, trips and slips: 23
- Violence by persons or animals: 23
- Exposure to harmful substances: 19
- Fires and explosions: 4
In 2018, there were a total of 73,400 nonfatal workplace injuries and illnesses reported in North Carolina.
Workplace injuries are often preventable, including many of those listed above. If someone you love was hurt or—even worse—killed on the job, you may feel confused and alone, but be assured that you are not. We are available and want to help you.
If you need help with a workers’ compensation claim but aren’t sure where to begin, start by letting us help answer your questions. You can give us a call, or we can set up an in-person consultation with you, free of charge.
If you need help with your workers’ compensation claim but aren’t sure where to begin, let us help you by answering all of your questions. You can give us a call or we can set up an in-person consultation with you, free of charge.
Charles was always available and informative on this process.- Susan Z.
Without their help, I would probably have lost everything that I owned.- Rick M.
Lauren Newton exceeded all of my expectations and she genuinely cares about her clients.- Jade B.
The experience I had was exactly what I wanted.- Jacob G.
I was very satisfied.- Raven B.
$2.5 Million Traumatic Brain Injury
Workers’ compensation settlement for a man who sustained a traumatic brain injury while employed by a logging company.
$1.73 Million Scaffolding Accident
Workers’ compensation settlement for undocumented worker paralyzed in a fall from a scaffold.
$625,000 Forklift Accident
Recovery for a truck driver who was struck by a forklift at a warehouse facility while they were unloading his truck.
$600,000 Construction Accident
Recovery arising out of a fall on a construction site where the general contractor failed to have OSHA-required barriers in place
$500,000 Workers’ Compensation Settlement
A man contracted a rare neurologic disorder after exposure to industrial and residential sewage.
Q:Can my employer tell me not to file a workers' compensation claim?
A:No. If your employer tells you not to file a claim after being injured at work, you should report them to the North Carolina Industrial Commission or contact a workers' compensation attorney at our firm to discuss your rights.
Q:Can my employer fire me over a workers' compensation claim?
A:No. In North Carolina, it is illegal for an employer to retaliate against an injured worker for exercising his or her right to file a workers’ compensation claim. This right is protected by the North Carolina Retaliatory Employment Discrimination Act (NC REDA) and enforced by the North Carolina Department of Labor. If you believe your employer retaliated against you for filing a workers’ compensation claim, our attorneys can help.
Q:What if a death occurs as a result of a workplace injury or occupational disease?
A:If a work accident or injury ultimately results in death, certain survivors are entitled to death benefits under the North Carolina Workers’ Compensation Act. If you are the family member or dependent of an employee who died from a work related injury or accident, our workers' compensation attorneys can advise you further about workers' compensation death benefits.
Q:Can I appeal my workers' compensation claim if it was denied?
A:Yes. If you feel your claim was wrongly denied you can appeal the denial to the North Carolina Industrial Commission. If you have questions regarding whether your benefits were incorrectly denied, one of our experienced workers’ compensation attorneys can assist you.
Q:What is I cannot return to my old job?
A:Vocational rehabilitation is the process of rebuilding work skills as part of the recovery from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. In North Carolina, if you require vocational rehabilitation after a job injury or industrial illness, you may be entitled to receive vocational rehabilitation services as part of your workers' compensation benefits.
Q:Instead of collecting workers' comp benefits, can I bring a lawsuit against my employer?
A:In most cases, workers' compensation benefits are an injured worker’s only way to receive compensation for an on the job injury. If you have questions regarding whether you can sue your employer, our experienced workers’ compensation attorneys are available to help.
Q:Am I required to have a lawyer to receive workers' compensation benefits?
A:No. You may represent yourself "Pro se," meaning "for oneself." However, a 2015 survey by Martindale-Nolo showed that those who hired a workers' compensation lawyer received a 31 percent higher net payment than those who did not. For workers with disputed permanent disability, their recovery was more than 600 percent higher. A study by the University of Maryland revealed that more than 65 percent of those who decided to represent themselves did so because they believed they could not afford a lawyer. Our attorneys do not get paid unless we win you benefits.
Step #1 - See a Doctor
If you've been hurt at work, the first and most important thing you should do is seek medical attention. If an injury or illness goes untreated it can get worse, resulting in a longer recovery time or even permanent damage. Without proper medical documentation and diagnosis, establishing your right to workers’ compensation may be difficult and reduce the compensation you receive for your injuries. A professional medical diagnosis ensures you receive the medical treatment you need to heal as quickly as possible. With proper diagnosis and treatment, our firm can fight to get you the compensation you deserve.
Step #2 - Notify Your Employer
Inform your supervisor or employer of the injury you sustained at work as soon as possible. Delays in reporting an accident or injury can cause your claim to be delayed or even denied. If for your claim is denied, you should speak with an attorney immediately.
Step #3 - Keep Evidence of the Work Injury
Since there is always a chance your claim could be wrongly denied, it's best to gather and keep as much evidence as possible about the accident and your injuries. If possible, take pictures or video of the area where the accident occurred, any defective machinery or equipment and your injuries. Keep copies of medical records, work excuses, witness statements, and any other documentation that verifies you were hurt at work while doing your job.
Step #4 - File Your Workers’ Compensation Claim in Time
In North Carolina, you have two years to file your workers' compensation claim with the North Carolina Industrial Commission. Filing a claim as soon as possible after an injury can improve your chances of a favorable outcome, so do not delay speaking with a lawyer. Once filed, the workers' compensation insurance company is required to promptly admit or deny your claim for benefits. When an injured worker’s claim is denied, our lawyers handle appeals through the North Carolina Industrial Commission, North Carolina Court of Appeals, and North Carolina Supreme Court. If you are unsure whether there is still time to file your claim, you may contact our office and we can help to answer this question for you.
If you have questions at any point along the way in your workers’ compensation case, do not hesitate to call our office and speak with one of our experienced workers’ compensation attorneys.
At Charles G. Monnett III & Associates, we care about you and your family. After an injury at work you probably have many questions—our goal is to provide you with the answers you need and deserve. From making phone calls on your behalf to collecting medical records and appealing denied cases, we will handle all aspects of your workers' compensation claim so you can focus on what's really important: getting better and putting you life back in order.
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