Asheville Workplace Injury Lawyer

Asheville Workplace Injury Attorney

When most people think of on-the-job injuries, they think of workers’ compensation as the source that they will have to rely on for any compensation or medical treatment that they require. That is not always the case. Securing the benefits you need after an injury at work can be very challenging, but you can make this process easier by hiring an experienced Asheville workplace injury lawyer to guide you through your recovery efforts.

Recovering From Your Asheville, NC Workplace Injury

For workers whose injuries can be traced to some other party such as a contractor who is also working at the same location or the manufacturer of a defective or dangerous tool, piece of equipment or other item on the job site there may be grounds for pursuing compensation from that third party in addition to your workers’ comp benefits.

At Ganly & Ramer, P.L.L.C., our Asheville third-party claims attorney has decades of experience helping workers secure the full compensation that they deserve from all available sources, including third parties and workers’ compensation insurance. Our attorneys are members of the Million Dollar Advocates Forum for having secured multiple verdicts or settlements in excess of $1 million for accident victims or their families.

Understanding Workers’ Compensation Insurance in North Carolina

North Carolina law requires almost every employer in the state to have workers’ compensation insurance, and most employees in all industries are covered by this insurance. When a workplace injury occurs, the employer’s insurance shields the employer from liability for the injury and provides benefits to the injured worker intended to help them recover. However, navigating the workers’ compensation claim filing process can be challenging in several ways.

Filing your claim for workers’ compensation benefits will follow a similar process as what you could expect when filing most other types of insurance claims. However, your employer plays a role in this process, and while most North Carolina employers facilitate their injured employees’ claims in good faith, some do not, and some actively work against injured workers due to the fear that their insurance premiums will increase.

If you believe your employer has mishandled your case in any way, you need to speak with an Asheville workplace injury lawyer right away. If your employer fulfills their obligations, they will provide you with the materials you will need to submit to their insurance company to claim your benefits. You will also need to undergo a medical examination from a workers’ compensation doctor.

This physician will examine your injury and assign a disability rating, which is a numerical value that indicates the overall seriousness of your injury. This rating will be used by the insurance company to determine the level of benefits you are legally eligible to receive. If you disagree with the physician’s assessment, your Asheville workplace injury lawyer may be able to arrange for a second opinion.

Most Common Workplace Injuries Reported in Asheville

There are many industries operating in Asheville, and there is a risk of injury in virtually every workplace. However, some industries are inherently more dangerous than others, such as construction, commercial transportation, oil and gas, and manufacturing. The most important determining factor when it comes to filing for workers’ compensation benefits is whether an injury happened while the worker was performing the duties their job requires.

Injuries in manufacturing centers are especially common in the Asheville area. People working in any type of manufacturing center face the risk of injury during operations, including loading and unloading, moving materials through the center, and using the equipment necessary to complete manufacturing operations. Employers running these facilities are generally required to follow very strict workplace safety regulations.

Workplace injuries might happen due to honest mistakes, unpredictable accidents, equipment failures, or the employer’s failure to follow and/or enforce applicable safety regulations. Proving fault is typically not required for a workers’ compensation claim, but fault could come into play in an injured worker’s case if their injury directly resulted from a specific party’s actions.

Workplace Injuries Caused By Another Party

Third-party claims can come about when someone else on the work site is responsible for the conditions that led to your injury. This can include a manufacturer or distributor of defective equipment or the employees of another contractor.

Construction sites often have numerous contractors working side by side. Given the fact that everyone has to work in such close proximity, mistakes made by one employee can create dangerous conditions for the employees of other contractors. If someone gets hurt because of such carelessness, that other contractor or party needs to be held responsible. Situations like this occur in all manner of workplaces, not just construction sites. Anywhere employees of different employers work side by side can be a place where a third-party claim can occur.

If you believe that a specific party’s actions caused your workplace injury, you may be able to claim workers’ compensation benefits since you were hurt while performing your job duties, but you could also have grounds to pursue legal action against the specific party who caused your injury. Pursuing a third-party personal injury claim will be very different from filing for workers’ compensation benefits, and success with this claim will require meeting strict procedural rules.

Proving Fault for a Workplace Injury

In some cases, a workplace injury happens because of another party’s negligence or intentional misconduct. In the event you were injured by your employer or a coworker, there are only specific conditions that you must meet in order to pursue a civil suit alongside your workers’ compensation claim. However, if a third party outside your work caused the injury, this can form the basis of a claim for a third-party personal injury.

If you must prove negligence caused your injury, proving negligence will require evidence that shows the defendant held a duty of care that they breached in some way that directly caused your claimed damages. You must also prove the full scope of the damages they caused and that those damages only occurred because of the at-fault party’s actions.

It is important to remember that you can bear no shared fault for your injury if you intend to pursue a third-party personal injury claim. North Carolina enforces the contributory negligence rule for personal injury cases, meaning if a plaintiff bears any amount of fault for the damages in question, they cannot seek compensation from any other liable party.

Shared fault may not prevent you from claiming workers’ compensation benefits except under certain conditions. For example, if you were at work and impaired from drugs or alcohol or if you intentionally violated workplace safety regulations, it could work against you and prevent you from qualifying for benefits. If you are concerned that you bear fault for your injury, consult an Asheville workplace injury lawyer right away.

Claiming Benefits From Workers’ Compensation Insurance

Workers’ compensation insurance provides a financial safety net to a worker injured on the job. A successful claim can recover compensation for the injured worker’s medical expenses along with disability benefits if they cannot work following their accident. The total benefits you could recover from your employer’s workers’ compensation insurance policy will depend on the severity of your injury and whether you are able to continue working.

An injured worker can generally expect their employer’s insurance to cover all of the medical bills they will have from their injury. Some disputes may arise over specific treatments, and an Asheville workplace injury lawyer can help their client resolve these issues. Disability benefits are more variable, however, and it is possible for a claimant to receive partial or total disability benefits based on their remaining functional capacity after their injury.

If you are able to continue working after your injury but your earning power has been diminished, or you can only handle lower-paying work while you recover, you are likely to receive partial disability benefits to help make up the difference in your earnings. You must report your weekly earnings to the insurance carrier to maintain eligibility for these benefits, and they will continue until you can return to work at full capacity.

If you are completely unable to work during your recovery, you are likely to receive total disability benefits. These benefits will be paid weekly, and you can expect about two-thirds of your average weekly pay with each weekly payment. These benefits can continue for up to 500 weeks, but some severely injured claimants may qualify for extensions or permanent disability benefits.

Recovering With a Third-Party Personal Injury Claim

When a workplace injury happens because of the actions of another person outside of your workplace, such as a vendor employee, subcontractor, or even a customer or client, you likely have grounds to pursue a personal injury claim. Success with this claim could ensure your costs are covered for things that workers’ compensation will not cover, such as your pain and suffering.

While proving fault will not always be a concern in workers’ compensation cases, it will be central to any personal injury claim in North Carolina. The plaintiff will need to identify the defendant they believe caused their injury and prove exactly how they caused it. They must then show the full extent of the damages they suffered because of the defendant’s actions and prove that those damages would not have occurred but for the defendant’s negligence.

Success with your third-party personal injury claim could significantly enhance your recovery from a workplace injury. There are limits to what a workers’ compensation insurance policy can provide, and the right attorney can help you maximize your benefits determination. However, if you have grounds to file a third-party claim, an experienced Asheville workplace injury lawyer can help you extract maximum value from your claim.

What to Expect From Your Asheville Workplace Injury Lawyer

Resolving any type of workplace injury case in Asheville will be much easier with the right attorney representing you. You may have more grounds for legal recourse than you initially expect and could secure far more compensation than your workers’ compensation claim can provide if you have the right attorney guiding you through your case. Ganly & Ramer, P.L.L.C. can help you understand the full breadth of legal options available to you.

Whether you were injured in a manufacturing center due to faulty equipment, suffered injuries in an accident while driving for work, or suffered any other type of injury due to the actions of a third party at your workplace, you need an attorney who can help you successfully navigate all the various legal options available to you that may enhance your overall recovery. We’ll help you gather any evidence you may need to prove exactly how your work injury happened.

The workers’ compensation claim filing process will be easier to navigate and more likely to yield a positive outcome when you have legal counsel advising you. If you have grounds to pursue a third-party personal injury case, this may take longer to resolve but can significantly improve your overall recovery as long as you have an attorney you can trust to represent you. Our goal is to help you resolve your case as efficiently as possible.

FAQs

Q: Do I Need to Hire an Asheville Workplace Injury Lawyer to File My Claim?

A: You are not legally obligated to hire an Asheville workplace injury lawyer to help you file your claim, but you are significantly more likely to reach a positive outcome to your case when you have legal representation you can trust on your side. Your attorney can help you streamline the claim filing process and reach a positive conclusion to your case as swiftly as possible, and they can also assist you in maximizing the compensation you obtain.

Q: What Benefits Will I Receive Through Workers’ Compensation Insurance?

A: Workers’ compensation insurance can typically provide two forms of benefits to an injured worker. First, the insurance company will cover all medical expenses related to the injury. Second, the injured claimant can receive ongoing disability benefits during the time it takes them to recover from their injury. The exact amount a claimant receives will depend on multiple factors, such as their usual earnings and the severity of their injury.

Q: Do I Need to Prove Fault for a Workers’ Compensation Claim?

A: You typically do not need to prove fault for a workers’ compensation claim. These benefits work on a no-fault basis, so it is possible to have caused your own injury and still qualify for workers’ compensation as long as you caused the injury while performing your job duties in good faith. You would, however, need to prove fault if you intend to pursue a third-party personal injury claim against a specific party.

Q: What Are the Most Common Injuries in Manufacturing Facilities?

A: Some of the most common injuries reported in manufacturing facilities include slips, trips, falls, vehicle accidents, and injuries from equipment. Many people working in manufacturing are required to use specialized machines, some of which are capable of inflicting severe injuries when they malfunction or if they are misused. Vehicle accidents may also occur during loading and unloading and from specialized vehicles such as forklifts.

Q: What Will It Cost to Hire an Asheville Workplace Injury Lawyer?

A: The cost to hire an Asheville workplace injury lawyer will depend on the attorney’s billing policy. Ganly & Ramer, P.L.L.C. can provide legal representation on a contingency fee basis, meaning our client only pays a percentage of the total compensation we recover on their behalf. They only pay this fee if and when we win their case. There are no upfront fees or fees at all if our team is unable to secure compensation for our client.

Contact Us To Get Started

An Asheville workplace injury lawyer is the ideal asset to have on your side for the difficult legal proceedings ahead of you after an injury at work. When you have been injured on the job, do not hesitate to secure the representation of a firm that has dedicated itself for decades to the goal of helping injured workers. At Ganly & Ramer, P.L.L.C., we are here for you. Call 828-844-5274 or simply contact us online to schedule your free initial consultation.