When to Call an Attorney for a Workers’ Compensation Claim in North Carolina
Disputes over your rights may require professional legal assistance
Workers’ compensation is a system of no-fault insurance that protects workers hurt on the job. The system also protects employers from personal injury lawsuits even when their negligence causes employee injuries. Given these shared interests, the workers’ comp system should run smoothly for the benefit of employers and employees. But while many workers are able to file hassle-free claims and quickly receive their benefits, there are times when claimants definitely need an attorney to protect their rights. When a workers’ comp dispute arises, Marcari, Russotto, Spencer & Balaban provides the aggressive representation you need to access the benefits you deserve.
Common workers’ comp disputes where you need a lawyer
A dispute over workers’ compensation can come at any stage of the claim process, including:
- Denial of claim — Employers or insurers often deny benefits by alleging a worker is not eligible or the injury is not work related. To be eligible, a worker must have an employer-employee relationship, so independent contractors are not eligible. Injuries that happen on the worker’s own time or occur due to horseplay, substance abuse, or deliberate self-harm are not covered. However, your employer does not get the final word on these issues. Our attorneys know how to fight these objections.
- Denial of treatment — Under workers’ comp, workers are entitled to have their employers pay for all reasonable and necessary medical treatment related to their qualifying injury or illness. But disagreements often arise over what constitutes “reasonable and necessary” care. If your doctor wants to proceed with a course of treatment the insurance company won’t approve, we may be able to help.
- Denial of second opinion — If you do not agree with your treating physician’s diagnosis or plan of care, you are entitled to have your employer pay for you to see a doctor of your choice for a second opinion. We can help you enforce this important right.
- Being cleared to return to work — At some point in your recovery, your doctor can clear you to return to work, effectively ending your wage replacement benefit. If you do not feel able to return to work, we can help you contest this finding so you can continue to receive benefits as you recover.
- Disability rating too low — The amount of your permanent partial disability award depends greatly on the disability rating your treating physician assigns you. An unfairly low rating can deny you thousands of dollars in benefits. Our lawyers are determined to take whatever steps are necessary to help you obtain a fair and accurate disability rating.
- Settlement offers — Workers’ compensation settlements are highly complex, and since a settlement agreement is final, you cannot afford to make a mistake. Our attorneys have the experience to negotiate a fair settlement that addresses all your concerns in a comprehensive manner.
If at any time you encounter an obstacle to your benefits, the dedicated lawyers at Marcari, Russotto, Spencer & Balaban are ready to enforce your rights.
Contact our North Carolina lawyers for assistance with your workers’ compensation dispute
If you encounter any obstacles with your workers’ comp claim, Marcari, Russotto, Spencer & Balaban can protect your rights and help you secure the benefits you deserve. Call us at (888) 351-1038 or contact us online for a free consultation.