Durham Workers’ Compensation Lawyer

Workers’ Compensation Attorney in Durham, NC

If you or a loved one has been hurt while working on the job in Durham or the surrounding areas, you could be entitled to benefits through the state-managed workers’ compensation insurance program. A Durham workers’ compensation lawyer from The Sumwalt Group Workers’ Comp and Trial Lawyers can explain the benefits you might be entitled to after an injury or developmental illness, such as lost income and medical expenses. They can also guide you through the process of accessing those benefits.

Hire a Workers’ Compensation Lawyer at The Sumwalt Group Workers’ Comp and Trial Lawyers

At The Sumwalt Group Workers’ Comp and Trial Lawyers, our dedicated legal team recognizes the hard work that employees across Durham bring to their jobs every day. For 20 years, our firm has defended the interests of employees like you who are injured on the job. Our attorneys understand how important these benefits are for you and your loved ones, and we can negotiate settlements or take your case to the appeals process.

We are dedicated to protecting and defending our clients’ rights as employees. Whether you have fallen off scaffolding on your construction site or had a heavy machinery accident in your factory, we can work hard to access the benefits you need to recover. Our attorneys can help with sudden accident injuries, developmental diseases, and repetitive motion strain injuries. We offer an initial consultation to discuss your case.

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Understanding Workers’ Compensation in Durham, NC

The North Carolina Industrial Commission (NCIC) is the agency responsible for managing the workers’ compensation program for employees who suffer a work-related illness or injury. The workers’ compensation system is a no-fault program, which means workers can receive benefits regardless of whether they were at fault for the accident or not. However, they forfeit their rights to file a civil claim against their employer for any further damages in most cases.

In 2024, there were 23 severe injury reports for North Carolina workplaces made to the Occupational Safety and Health Administration (OSHA). OSHA also reported 11 fatalities linked to workplace accidents that year.

Most workers in North Carolina are covered by workers’ compensation insurance, including part-time, full-time, and temporary workers, along with city and state government employees. Typically, contracted workers are not covered.

It’s important to note, however, that workers who should be covered can commonly be misclassified as contractors. This can mean you don’t receive the benefits that you should. A skilled attorney can determine whether you have been classified correctly.

Although Durham does not have a dedicated NCIC office, workers who’ve been hurt on the job can get access to the workers’ compensation services they need through the nearest office, which is NCIC’s main office located at 430 N. Salisbury Street, Raleigh, NC 27603.

Many services are also accessible online or by calling the NCIC.

Should My Employer Have Workers’ Compensation Insurance?

Most employers that have three or more workers are required by North Carolina law to have an eligible workers’ compensation insurance plan. There are, however, specific exceptions, such as:

• Domestic workers in private households
• Specific logging or sawmill operations
• Small agricultural businesses that have fewer than ten employees

A detail-oriented attorney can learn whether your employer is complying with state workers’ compensation laws. If they discover any violations, they can take the right steps to protect your rights and interests.

Benefits You Could Be Entitled to Under Workers’ Compensation in Durham

If you or a loved one suffers a workplace-related illness or injury, you may be entitled to the following benefits under the workers’ compensation system:

• Medical coverage: You could obtain coverage for medical diagnosis, treatment, and management of your work-related injury or illness. You could also recover expenses for hospitalization, surgery fees, anesthesia costs, medical devices, rehabilitation fees, and prescription medications.
• Wage replacement: Depending on whether you are permanently or temporarily unable to work, you could be entitled to temporary total disability benefits or permanent partial disability benefits. Wage replacement is typically 66.67% of your average weekly wage, up to a maximum of the cap set by the NCIC.
• Vocational rehabilitation: If you cannot return to your previous job due to a permanent disability, you could get benefits for assistance with retraining or new job placement.
• Death benefits: If your loved one has died because of a work-related injury, you and your family may be entitled to death benefits under workers’ compensation.

Legal Support With Filing Your Workers’ Compensation Claim in Durham

After being injured on the job, you should inform your employer about the accident as soon as possible. You then have 30 days to notify your employer about what happened in a written notice. It’s important to file this notice as soon as you can. If you delay doing this, you could jeopardize your right to file a claim under North Carolina state law.

Additionally, a crucial part of filing any workers’ compensation claim is seeking authorized medical treatment. The doctor you go to must be authorized by your employer’s insurance company before you can get compensation.

If you disagree with the diagnosis made by your assigned physician, you have the right to request a second opinion. A seasoned attorney can help you navigate the complex process of:

• Understanding who qualifies as authorized medical personnel
• Requesting a second opinion if necessary
• Making sure all your medical expenses are covered by your workers’ compensation claim

After you have the required medical documentation, a skilled attorney can help you accurately fill out Form 18, Notice of Accident to Employer and Claim of Employee, which you can submit to the NCIC by mail or online. They can also facilitate communication with your employer to see that they carry out their required steps, such as submitting Form 19. Through their experienced guidance, your attorney can enable you to avoid unnecessary delays or rejections.

How Quickly Can I Get Workers’ Compensation Benefits?

Every case is unique, and several factors can impact how quickly you can get workers’ compensation benefits. Some important deadlines in North Carolina that can illustrate a potential timeline include the following:

• Your employer must immediately report any injury, occupational disease, or other work-related condition to their workers’ compensation insurance company.
• Your employer has a five-day deadline to report your injury to the NCIC after you have informed them of an injury that either kept you away from work for more than one day or led to more than $4,000 in medical bills.
• Your employer has a 14-day deadline from the date you provide written notice to either:
  • Accept your claim and begin paying your compensation in installments.
  • Refuse your claim and notify the NCIC of that denial.
• There is a seven-day waiting period for non-medical-bill benefits that are paid for disability, except when your disability will prevent you from working for over 21 days.

Other factors can lengthen the time it takes to resolve a claim and recover payments. It’s also important to realize that getting a settlement quickly is not always ideal.

While financial support is incredibly important when you are dealing with the costs of an injury and the loss of income, accepting a settlement too quickly can prevent you from getting full and fair compensation. When you hire a skilled attorney to negotiate a workers’ compensation settlement, you are more likely to recover more benefits that make up for your losses.

What Is the Deadline for Filing a Workers’ Compensation Claim?

In North Carolina, you have a deadline of two years to file a workers’ compensation claim for an injury. This is the deadline for filling out Form 18 and submitting it to the NCIC. If you miss the two-year deadline, you will be barred from recovering workers’ compensation benefits.

Reporting your injury or filing a written record of it is not the same as filing a claim with the NCIC. Taking these steps will also not pause the deadline. It will continue to count down until you file your Form 18. You shouldn’t wait to begin this process; instead, hire a workers’ compensation lawyer as soon as possible. They can immediately begin gathering relevant evidence for your claim before that evidence is gone.

What to Do If Your Claim Has Been Denied

Employers and their insurance companies may try to deny workers’ compensation claims due to:

• A lack of medical documentation
• Missing paperwork
• Disputing whether the injury or illness was actually work-related

If your claim gets denied, a skilled Durham workers’ compensation attorney can help you file an appeal with the NCIC. They can also collect the required evidence to further strengthen your claim, such as accident reports and medical evaluations.

A fierce workers’ compensation attorney from our firm can assist you with successfully appealing your denial. We can construct a strong, evidence-based argument to challenge your denial. Our team can use our decades of combined experience while advocating for the benefits you’re entitled to.

Why Hire a Durham Workers’ Compensation Lawyer?

It can be tough to navigate the complex workers’ compensation claims process on your own, especially as employers and insurance companies commonly work to minimize benefits. A dedicated Durham work injury lawyer from The Sumwalt Group Workers’ Comp and Trial Lawyers can aid you with the following:

• Filing your claim correctly and on time to avoid delays
• Negotiating with insurance companies to try to maximize your benefits
• Collecting evidence and professional evaluations to bolster your claim
• Advocating on your behalf in hearings if you’re facing a claim denial
• Safeguarding you from any employer retaliation for filing your claim

We operate on a contingency fee basis, which means you only have to pay for our services if we get results for you.

FAQs

Who Oversees Workers’ Compensation in Durham?

The North Carolina Industrial Commission administers workers’ compensation payouts for the entire state, including Durham. While the city does not have a local NCIC office, those living and working in the area can get access to the services they need through the NCIC headquarters in Raleigh. An experienced attorney can navigate the associated bureaucratic and legal processes to seek your crucial compensation.

What Should I Do If I Am Injured at Work in Durham?

If you have been injured at work while in Durham, get emergency medical care if needed. Then, it’s crucial to immediately notify your employer in writing. You have 30 days to do so.

You should get medical treatment as soon as possible from a provider who is authorized under your employer’s insurance. To initiate your claim, file Form 18 with the NCIC. A knowledgeable attorney can take the right measures to pursue your workers’ compensation benefits.

Who Is Eligible for Workers’ Compensation in Durham?

You may be eligible for workers’ compensation benefits in Durham if you are a temporary, part-time, or full-time worker. You must also work at a company that has three or more employees. Furthermore, you will need to prove that your illness or injury is related to your job. Generally, independent contractors aren’t covered, although issues with misclassification are common in industries like healthcare and construction.

Where Can City Employees of Durham Get Workers’ Comp Services?

City employees of Durham can get access to workers’ compensation services through the City of Durham’s Human Resources department. Through this department, they can access benefits such as:

• Payments for partial lost income
• Coverage of medical expenses related to workplace injuries under workers’ compensation insurance

An experienced workers’ compensation attorney can explain your rights as a city employee of Durham.

What Industries Have the Highest Workplace Injury Risks in Durham?

The injuries with the highest workplace injury risks in Durham are healthcare and education. Common associated injuries include:

• Heavy lifting injuries for healthcare workers
• Injuries linked to repeated motions in hospitals
• Slips and falls in settings like nursing homes

Injured workers can receive treatment at places like Duke Health, which also offers return-to-work and rehabilitation programs.

Schedule a Consultation With a Durham Workers’ Compensation Lawyer

If you have been hurt on the job or suffer from a work-related illness in Durham or the surrounding areas, you do not have to navigate the complex process of accessing compensation alone. A knowledgeable Durham workers’ compensation lawyer from The Sumwalt Group Workers’ Comp and Trial Lawyers can explain your rights and take the steps needed to seek an optimal compensation package. Schedule a consultation to discuss your case today.