Asheville Workers Compensation Lawyer

Asheville Workers Compensation Attorney

Representing Workers Injured On The Job

If you suffer any injury while working, it is natural to wonder how to claim workers’ compensation benefits and what type of benefits may be available to you. North Carolina upholds strict laws requiring employers to have workers’ compensation insurance, and most employees are covered. However, filing a claim can be difficult without the help of an experienced Asheville workers’ compensation lawyer.

The attorneys at Ganly & Ramer, P.L.L.C., have extensive experience helping our clients throughout the Asheville area with their workers’ compensation claims. We have successfully assisted many past clients with their cases, exploring all the various avenues of compensation available to them after they have sustained injuries in their workplaces. We are confident that we can provide the legal representation you will need in your impending case.

Understanding Workers’ Compensation Benefits in North Carolina

The purpose of workers’ compensation insurance is to protect covered employers from civil liability for their injured workers’ damages after injuries occur in their workplaces and to provide financial relief to those injured workers, helping them recover. Under North Carolina law, employees who are injured on the job are entitled to receive a wide variety of benefits, including:

• Any and all necessary medical treatment, including prescriptions
• Weekly compensation to replace lost wages
• Payment for their permanent injuries or disabilities
• Payment for any significant loss of earnings or decrease in pay
• Payment for mileage to and from the doctors
• Payment for care provided by family members
• Payment for retraining costs if you are not able to return to your job

These benefits and others are available through your employer’s workers’ compensation insurance policy. Although it is your right to file a claim, the process can be cumbersome, frustrating and time-consuming, with many initial claims taking many months for approval or being denied altogether because of minor details.

If you have suffered a workplace injury, it can be critical to your recovery that you secure the representation of an experienced and skilled workers’ compensation lawyer as soon as possible. Your legal team can help you understand the claim filing process, address unexpected issues you encounter as they arise, and ultimately help you maximize the benefits you obtain from your successful claim.

In North Carolina, workers’ compensation requires you to have sustained an injury by accident arising out of and in the course and scope of employment. That means:

• An “injury” is an acute injury as compared to a gradual wearing out or gradual pain
• An “accident” Is generally considered to be an unusual occurrence such as a slip, trip or fall. However, an unusual occurrence can also be working faster than normal, lifting a heavier weight than normal, or straining more than normal.
• “arising out of and in the course and scope of employment generally means you are engaged in work duties when the injury occurs, however injuries on the employer’s property or parking lot can also qualify.

Each circumstance of injury is unique so claimants are encouraged to call for a no-cost consultation to let our staff evaluate your claim thoroughly.

Let Us Answer Your Work Injury Questions

After an on-the-job injury, you are going to have questions and concerns. Our highly skilled workers’ compensation attorney at Ganly & Ramer, P.L.L.C., can provide you with the answers you need as you face the uncertainty that is a part of being injured on the job, and he can fight to ensure that you receive all your rights under the Workers’ Compensation Act. We understand that you will be in need of answers to questions like:

• What qualifies as a workers’ compensation claim?
• Will the medical treatment I need be covered?
• Can I select my own doctor?
• Can I lose my job if I file a claim?
• What are the options for benefits?
• What is the timeline for applying for and receiving benefits?
• Can I sue a third party responsible for causing the accident?
• What happens if I lost a loved one in a work-related accident?
• When will I be able to return to work — and what if I am unable to?
• Can I appeal a denied claim?

Every workers’ compensation claim is unique, but almost every injured worker will have important legal questions regarding their eligibility to file a claim, the benefits that could be available to them, and what to do if their employer and/or their employer’s insurance company do not handle the claim in good faith. Whatever your case entails, Ganly & Ramer, P.L.L.C., can provide comprehensive support through each stage of the case.

Did You Know?

Under North Carolina workers’ compensation law, a workplace injury does not necessarily have to result from a sudden accident. Daily job tasks that require repeated motions can result in repetitive stress injuries that may also qualify for benefits. If you are suffering pain that prevents you from working, report it to your supervisor, then call Ganly & Ramer, P.L.L.C., about getting the help you need for your workers’ compensation claim.

Many people who develop repetitive stress injuries are not aware that these conditions qualify for workers’ compensation benefits. As long as a claimant can prove that their injury, illness, or acquired condition directly resulted from their work, they are eligible to file a claim for benefits. If you are unsure how to prove this in your case, your Asheville workers’ compensation lawyer can provide the guidance you need in this challenging situation.

When it comes to determining eligibility, it is natural for a worker to wonder whether they still qualify for benefits if they caused their own injury. North Carolina handles workers’ compensation on a no-fault basis, so if you caused your injury, it will not necessarily disqualify you from claiming workers’ compensation benefits. However, if you were working under the influence of drugs or alcohol or engaged in horseplay, these factors could disqualify you.

Seeking Additional Recovery

Workers’ compensation insurance generally protects employers from civil lawsuits, meaning an injured employee cannot sue their employer in response to an injury at work. However, if an employer intentionally caused an injury, or if they do not have workers’ compensation insurance as required by North Carolina law, the injured worker would then have grounds to file a personal injury suit against the employer.

It is also possible for an injured employee to have grounds for a personal injury suit against a third party. If anyone outside of your work caused your injury, you could file your workers’ compensation claim since the injury happened at work, but you would also have grounds to pursue a separate civil claim against the at-fault third party. This could enable you to recover damages that workers’ compensation does not provide, such as pain and suffering compensation.

Offering Experience And Skill

Our lead attorney at Ganly & Ramer, P.L.L.C., Thomas Ramer, is proud to be AV Preeminent* peer-review rated for ethical standards and legal ability. He has more than 35 years of experience helping injured workers secure the maximum compensation for their injuries.

Our firm offers a recognized level of knowledge and skill to workers who have been injured anywhere in North Carolina, including on the work sites of major local employers such as:

• Mission Hospital
• Asheville City Schools
• Buncombe County Schools
• North Carolina Department of Corrections
• Arvin Meritor
• Continental Teves
• Pardee Hospital

We have the experience necessary to handle the most challenging workers’ compensation cases for our clients throughout the Asheville area. You can expect efficiency, responsive communication, and diligent attention to detail throughout all the proceedings you face after filing your workers’ compensation claim, and our goal will be to maximize your benefits in the shortest possible timeframe.

What Benefits Am I Entitled To?

• Weekly benefits: If your claim is accepted or found to be compensable you are entitled to weekly benefits equal to 66% of your average weekly wage for up to 500 weeks from the date of injury.
• Average weekly wage is calculated at your total earning for the 52 weekly preceding your date of injury, including all overtime, bonuses and shift differentials.
• Medical coverage: Unlimited 100% medical coverage for all medical needs, including prescriptions, with zero deductibles or co-payments
  • The insurance company does have the right to direct your medical care and select the doctors who treat you.
  • You do have the right to request an Independent Medical Evaluation and/or a Second Opinion for your disability rating.
• Travel mileage: Reimbursement for mileage to and from the doctor, physical therapy and other medical appointments at the rate of $.575 per mile if your roundtrip travel exceeds 10 miles in each direction.
• Permanent disability rating: Once you reach maximum medical improvement your doctor should give you a permanent impairment rating based on your injury, surgery if any, and loss of function. You will then be entitled to be paid for such disability rating if you have returned to your pre-injury earning rate. If not, you can elected to receive wage loss benefits instead of being paid for your impairment rating.
• Wage loss benefits: If you return to work but are not able to return to your normal job or pre-injury weekly wage then you may be eligible to receive two-thirds of any wage loss for up to 500 weeks.
• Retraining: If you have physical limitations which prohibit you from returning to your regular job or pre-injury earnings rate you may qualify to retrain to the career of your choice to return you to 75% pre-injury earnings.

How Does The Hearing Process Work?

If your claim is denied or you are not receiving all the benefits you are entitled to you may request a hearing before the North Carolina Industrial Commission by filing a Form 33. The insurance company will then have 30 days to file a response. The Commission will then order the parties to participate in a Mediated Settlement Conference with a neutral mediator in an effort to reach a resolution of the issues without the necessity of a full evidentiary hearing.

If the parties cannot reach an agreement, the Commission will place the matter on a hearing calendar to have a full hearing before a Deputy Commissioner. The insurance company will have an attorney present and you or your attorney will be able to call witnesses and present evidence.

The Deputy Commissioner usually does not render a decision at the hearing. Rather he will give the parties an opportunity to take the depositions any necessary doctors. After the conclusion of the depositions, the Deputy Commissioner will give the parties 30 days to submit their final “contentions” or written argument. After this, the Deputy will render and file a formal decision within 90-180 days.

Can I Appeal The Decision?

Either party can then appeal initially to the Full Commission which is a three-judge appellate panel at the Industrial Commission. This will then require submission of formal briefs and appearance at an oral argument after which the Commission will render a formal decision within 90-180 days. Either party can then appeal again to the N.C. Court of Appeals which will require a brief, oral argument after which an appellate decision is rendered.

FAQs

Q: How Are Workers’ Compensation Benefits Calculated?

A: In North Carolina, workers’ compensation benefits are calculated based on the severity of a workplace injury and the injured claimant’s remaining functional capacity to work. The claimant’s prior year of earnings will also factor into their benefits calculations. The average injured claimant can usually expect full coverage of all medical expenses related to their injury and ongoing disability benefits that reflect their diminished earning capacity in recovery.

Q: How Long Do Disability Benefits Last From Workers’ Compensation?

A: The time that disability benefits from workers’ compensation will last will depend on the severity of the claimant’s injury and whether they will be able to return to work after recovery. Generally, the limit for weekly disability benefits payments is 500 weeks, but it is possible for a claimant to receive an extension under certain conditions. Your Asheville workers’ compensation lawyer can ensure your benefits determination suits the severity of your injury.

Q: Why Do I Need to Hire an Asheville Workers’ Compensation Lawyer?

A: You need to hire an Asheville workers’ compensation lawyer because you will be significantly more likely to win your case and maximize your total benefits with an experienced attorney representing you. They will not only make it easier for you to file your claim but also streamline the process, reducing the time it will take for you to receive your benefits. They will also be available to address any unexpected complications that arise with your claim.

Q: How Long Will It Take to Resolve My Workers’ Compensation Claim?

A: The time it could take to resolve your workers’ compensation claim will depend on several factors. Typically, if a claimant meets their reporting requirement on time and secures all necessary supplemental information they need to submit with their claim forms, they should receive a response within a few weeks. The statute of limitations for filing a workers’ compensation claim is two years following the date the injury occurred.

Q: What Will It Cost to Hire an Asheville Workers’ Compensation Lawyer?

A: The cost to hire an Asheville workers’ compensation lawyer will only be a fraction of your total case award if you choose Ganly & Ramer, P.L.L.C., to represent you. We take workers’ compensation cases on a contingency fee basis, meaning our client pays a percentage of their total settlement as our fee at the end of their case, but they only pay this contingency fee if we win their case.

Contact Us For A Free Consultation

Ganly & Ramer, P.L.L.C. in Asheville is an ally for injured workers in communities throughout North Carolina. Call us at 828-844-5274 or use our convenient email contact form to arrange a free consultation. We work on a contingency fee basis. You will not pay attorneys’ fees or case preparation costs if we cannot help you obtain workers’ compensation benefits.

At Ganly & Ramer, P.L.L.C., it is our goal to help our clients get the medical attention they need and the compensation they deserve. If you still have unanswered questions about workers’ compensation, give us a call at 828-844-5274 or send us an email. We are proud to serve clients across North Carolina from our office in Asheville.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards