Asheville Factory Worker Injury Lawyer

Factory Worker Injury Attorney in Asheville, NC

Factory work is an important part of Asheville’s economy, but it also has the potential to be extremely dangerous. Factory workers risk catastrophic injuries from heavy machinery operations, repetitive motions, hazardous material exposure, and unsafe work environments. If you have been injured on the job, an experienced Asheville factory worker injury lawyer can assert your rights.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

Injured workers in Asheville and Western North Carolina face a unique set of circumstances after suffering a serious accident in the factory. From getting the right medical care to replacing lost wages, we fight for the rights of injured workers. We can work to protect you and your family so that you can focus on what matters. Situated right by the Buncombe County Courthouse, we can represent your interests in your case.

Factory Worker Injury Laws in North Carolina

The North Carolina Workers’ Compensation Act covers most employees in North Carolina. North Carolina law requires employers to have workers’ compensation insurance for their employees. The workers’ compensation insurance system delivers multiple advantages, which consist of medical expense payments and wage replacement while out of work. It can also provide compensation for any permanent disability resulting from an injury.

Benefits for vocational rehabilitation may also be available if you cannot return to your former employment. North Carolina’s workers’ compensation is a no-fault system, which means you need not prove that your employer was negligent to recover benefits. It is enough to show that your injury occurred at work or during your employment duties.

Workers’ compensation claims can face denial if the workplace injury happened while you were intoxicated on drugs or alcohol. Factory workers might file third-party claims against negligent manufacturers and contractors alongside their workers’ compensation claims.

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Common Causes of Factory Worker Injuries

Factories can be fast-paced and physically demanding environments, which means accidents can occur more frequently. The following are some of the most common causes of factory worker injury cases:

• Slips and falls: Slips, trips, and falls can occur from slippery floors, floor obstructions, or uneven walkways.
• Machinery accidents: Operating machinery, like conveyor belts, forklifts, and presses, can lead to injuries. These machines can cause workers to suffer amputations and fractures due to crush injuries.
• Hazardous materials: Chronic health issues from exposure to chemicals, fumes, or loud noises can develop, such as lung disease or hearing loss.
• Falling instruments: Head and back injuries can occur when a tool or instrument falls from shelves.
• Repetitive stress: In some instances, injuries happen over time with repetitive stress injuries. This occurs when a person constantly performs certain movements, such as lifting or twisting. This can lead to long-term musculoskeletal injuries.

All these scenarios can be eligible for workers’ compensation. However, in certain situations, other legal claims can apply if another party was at fault.

Filing a Factory Worker Injury Claim

From 2015 to 2021, OSHA recorded 56,696 total hospitalization reports resulting from severe injuries or illnesses. Many of these came from manufacturing and construction jobs, with manufacturing having 23,115 reports in that time period and construction having 12,626.

If you are a factory worker who has been injured on the job in North Carolina, you should immediately report your accident to your employer. You should do so as soon as possible after the accident.

The employer then files a claim with their workers’ compensation insurance company. After that, you may begin receiving benefits for your medical expenses and lost wages. However, your employer or their insurance company may deny your claim. In that case, you are entitled to file an appeal with the North Carolina Industrial Commission.

You can also file a personal injury claim against any third parties that may have been involved in your accident. These can include defective equipment manufacturers, outside contractors, and vendors. If you have been injured while working in a factory in North Carolina, it is in your interest to hire a factory worker injury lawyer as soon as possible.

Your Asheville factory worker injury attorney can file your claim correctly and make sure all your rights are protected.

FAQs

How Long Do I Have to File a Claim for Work-Related Injuries in Asheville, NC?

The statute of limitations for most work-related personal injury claims in Asheville, NC, is three years from the date of the injury. Workers’ compensation claims follow separate notification and filing timelines. Give your employer notice of your injury within 30 days. File your claim within two years. If you miss either deadline, you may be barred from obtaining any compensation.

How Much Can I Claim for After a Work Injury?

The value of a work injury claim varies, depending on the medical expenses, loss of wages, permanent disability, and need for future care. The more serious the case is, the more expensive it is. In North Carolina, there is no set maximum amount of damages for personal injury cases, with the exception of medical malpractice. Each case is determined on its own merits.

How Much Is Pain and Suffering Worth in North Carolina?

North Carolina calculates pain and suffering damages based on how severe the injury is, its duration, and how much it affects the victim’s everyday activities. The courts do not use a set formula; instead, they evaluate medical records, along with eyewitness and professional testimonies. In cases of catastrophic injury, pain and suffering damages can be significant, sometimes equal to or even greater than the medical damages.

Does Workers’ Comp Pay for Pain and Suffering in North Carolina?

No, workers’ comp does not pay for pain and suffering in North Carolina. Workers’ compensation is available to cover economic damages, such as a percentage of lost wages and medical expenses. If a third party holds responsibility for your injury, you could file a legal claim that includes pain and suffering against them.

Hire a Factory Worker Injury Lawyer Today

Facing a workplace injury can be serious. Your rights may seem complicated, but The Sumwalt Group Workers’ Comp and Trial Lawyers can explain what you are entitled to and fight for it. Contact us today for a consultation.