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.
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.
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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