Lawyers Who Help to Rebuild Your Career in Charlotte & Throughout North Carolina
Construction is one of the most dangerous industries based on the number of accidents and injuries reported across the country each year. Thousands of people in the Charlotte area, and throughout North Carolina, work in construction and many of these individuals suffer work-related injuries on construction sites, some of which cause long-term or permanent damage. If you have suffered such an injury, our construction accident lawyers can assist you in your recovery.
Construction sites and industrial plants are organized chaos. Injuries happen when other cut corners and break the rules that keep everyone at these worksites safe. For over 50 combined years, The Sumwalt Group Workers’ Comp and Trial Lawyers has worked with clients throughout North Carolina in construction and industrial injuries. We understand how overwhelming our legal system can seem, and we are here to guide you through it after your injury at work.
It’s no surprise that most workers’ compensation cases come from those who work in industrial jobs or on construction sites. Injuries come from faulty machinery, defective tools, scaffolding falls, and loss of safety equipment. Regardless of how safe you are, broken bones, burns and other injuries happen all too often. When that is the case, an experienced and trusted lawyer can help you get the benefits you deserve.
Our goal is to get you back on your feet as soon as possible. You may be entitled to reimbursement for medical expenses, lost wage replacement, and rehabilitation. Getting workers’ compensation benefits started will help reduce your stress about bills piling up so you can focus on healing. Understanding your options helps you make better decisions in your claim. We won’t stop until we reach the best possible solution.
While it is technically possible for you to pursue workers’ compensation benefits on your own, you can encounter a host of problems with your employer and/or their insurance carrier that you will not know how to resolve. Even if you manage to get your claim approved on your own, you could unintentionally accept a much lower settlement than you rightfully deserve, and you will lose your chance to secure the benefits you need to recover as much as possible.
You have a limited time to pursue your workers’ compensation benefits after an injury at work. You should report any workplace injury to your supervisor immediately so there will be an incident report to which you can refer later in the filing process. Your employer must provide the claim forms you will need, and they are not allowed to inhibit your claim. At this point, you should speak with a Charlotte construction accident lawyer as quickly as possible.
It is possible to navigate the filing process for the workers’ comp claim without an attorney. When you contact The Sumwalt Group, we can review the details of your situation in an initial consultation and tell you directly if this is the case. Some injured workers are able to resolve their workers’ compensation cases with minimal issues, but others are not so fortunate.
It’s possible for many complex issues to arise after a construction accident in Charlotte, or anywhere throughout the state of North Carolina. You may encounter unexpected problems with your employer and/or their insurance carrier. You could also have grounds for legal recourse outside of the workers’ compensation system that you will not know how to pursue on your own.
Our team aims to provide comprehensive legal support for every client we represent, and we have years of successful cases behind us that prove our commitment.
Ultimately, hiring an experienced attorney to represent you significantly improves your chances of success with all of the legal efforts you must pursue in the aftermath of a construction accident in Charlotte. The right lawyer can meet filing deadlines, resolve disputes raised against your claim, and assist you in taking full advantage of all the legal options available to you in the aftermath of your accident.
Construction is an inherently dangerous field in many ways. Most construction workers operate on unfinished structures that do not have basic safety features and pose many significant hazards. They also must use heavy machinery, specialized equipment, and inherently dangerous tools that can cause serious harm if they are mishandled, dropped, or if they malfunction. Some of the most commonly reported construction accidents in Charlotte include:
These are only a few examples of some of the ways construction accidents can cause serious harm to workers in Charlotte. If you are unsure if you qualify for workers’ comp benefits after a construction accident, the main determining factor is whether the injury happened while you were performing your job duties. If so, you likely qualify to file a claim. A Charlotte construction accident lawyer can assist you in understanding the eligibility requirements for your claim.
Filing a claim for workers’ compensation benefits in the state is similar to how you would file most other types of insurance claims. However, your employer plays an important role in the filing process for workers’ compensation. While most Charlotte employers uphold their responsibilities to their injured workers in good faith, others do not, and some even take retaliatory actions against their injured workers.
If you encounter any issues with securing the claim forms you need from your employer, our construction accident lawyers will know how to address this problem. If your employer does uphold their responsibilities, your lawyer can help complete the necessary claim forms and address the other preliminary requirements of your claim, such as the medical evaluation you likely will be required to undergo before your claim is processed.
Most workers’ compensation insurance carriers in North Carolina require claimants to undergo medical examinations from local physicians they have approved. If you suffered a serious injury at work and require immediate emergency care, you can go to any doctor, but once you stabilize, you likely need to visit a workers’ compensation physician for your disability rating. This is a numerical value indicating the overall serious nature of your injury.
If you disagree with the workers’ compensation doctor’s assessment of your condition, your lawyer can help arrange for a second opinion. The disability rating they assign to you will reflect the seriousness of your injury, the extent of long-term harm it has caused, and your remaining functional capacity to work. The higher the rating, the more you are likely to receive in workers’ compensation disability benefits.
After completing the medical review, you can submit your claim forms to the insurance carrier. They will review the claim and then send a determination of benefits, explaining the extent of the compensation they will provide. Our construction accident lawyers can be a valuable asset for ensuring that you receive a fair determination of workers’ compensation benefits from the insurance carrier.
Workers’ compensation has two benefits. First, it provides liability coverage to the employer, meaning they cannot be sued for a workplace injury. Second, it provides financial assistance to the worker, and most claims will provide two types of benefits. The worker can expect full coverage of all medical expenses related to the injury along with disability benefits for the time they are unable to work.
Your attorney can ensure that all of the medical treatment you require is covered by the insurance carrier. This not only includes immediate treatment costs following the incident that caused your injury but also the cost of ongoing care such as rehabilitation, physical therapy, and prescription medications. If there are any disputes regarding medical treatment billing, your attorney can address these issues for you.
Disability benefits are more variable, paid in either partial or total designations, depending on whether the affected worker is able to continue working after their injury. If you are able to work but unable to earn your usual level of income, you can qualify for partial disability benefits that will help make up the difference in your earnings. You will be required to send your weekly income details to the insurance company to maintain eligibility for these benefits.
If you are not able to work at all due to the severity of your injury, you can receive total disability benefits until you can go back to work. If you recover enough to perform light duty, you may be able to shift from receiving total disability benefits to receiving partial disability benefits until you are able to fully resume your previous work duties at your usual earning level.
When an injured worker receives total disability benefits, the amount they receive each week will be approximately 67% of their usual weekly wage, based on their previous year of work. Your North Carolina construction accident lawyer can be an invaluable asset for ensuring you receive the appropriate level of benefits based on your wages and your employer’s insurance policy.
Most employers handle workers’ compensation claims in good faith and do everything they can to assist their injured workers. However, some employers will refuse to acknowledge claims, or they may allege that an injured worker caused their own injury in some way. Some will even engage in unlawful retaliation, firing injured workers to prevent them from filing claims and increasing the employer’s insurance premiums.
It is also possible for an injured worker to encounter problems with the insurance carrier. Most insurance carriers will push back against claims and attempt to settle for as little as possible. Some hope that claimants will be so desperate for whatever compensation they can get that they will accept the first lowball settlement offer they receive, or they may hope the claimant simply will not fight the insurance company’s assessment.
The Sumwalt Group Workers’ Comp and Trial Lawyers can fight on behalf of our clients to ensure fair assessment of their work injuries and appropriate compensation from insurance carriers. We have extensive experience confronting major insurance carriers on behalf of our clients and know the tactics they sometimes use to take advantage of injured claimants.
Most workers’ compensation claims in North Carolina are no-fault claims, so the injured worker doesn’t have to prove who was at fault for the injury to qualify for benefits. In fact, the worker could have caused their own injury and still qualify for workers’ compensation benefits. However, it is only true if they were working in good faith. North Carolina also has a unique rule that disqualifies some injuries that happen from your normal work routine as being “accidents.”
If a worker was using drugs or alcohol at work and caused their own injury, it would likely disqualify them from workers’ compensation benefits. They could also be disqualified if they intentionally disregarded workplace safety regulations, refused to use necessary safety equipment, or if they engaged in horseplay at work.
If you are accused of causing an accident that might disqualify you from workers’ compensation benefits, a construction accident lawyer is the ideal asset to have on your side. Your legal team can help prove the truth of the situation and firmly establish your eligibility for the workers’ compensation benefits you need to recover.
A workplace injury could be a life-changing experience in several ways. While workers’ compensation benefits can be an invaluable lifeline, you may have additional avenues of recovery available to you that you may not initially recognize. For example, Social Security Disability benefits can be a valuable source of income if you have been left unable to work due to the severity of your injury.
If you have a qualifying condition and wish to pursue Social Security Disability benefits along with your workers’ compensation claim, it is important to understand how these different benefits programs interact. Social Security Disability will be paid according to your ability to earn income and the benefits you currently receive. An experienced attorney can explain how these programs intersect and what you can expect in a Social Security claim.
The attorneys at The Sumwalt Group Workers’ Comp and Trial Lawyers have 50 years of combined professional experience representing injured workers in Charlotte and surrounding communities of North Carolina. If you or a family member has been injured in any construction accident, we can lead you through the filing process for the workers’ comp claim and resolve any issues you encounter when claiming the benefits you need to recover.
When you choose The Sumwalt Group to represent you in a construction accident case, you can rest assured that you have a responsive legal advocate ready to provide guidance and support through every stage of your case. We can help with the initial filing of your claim, resolve any disputes you encounter with your employer or their insurance carrier, and help you recover the benefits you deserve.
If you need to take your case to court or if you have grounds to pursue additional recovery outside of the workers’ compensation system with a third-party claim, you can rely on our team to represent you in any of these subsequent proceedings. We will be available to answer your questions, address your concerns, and prepare you for each new phase of your case until you secure the benefits and other compensation you need to recover from your injury.
It’s important to act quickly in the aftermath of a construction accident to have the greatest success with the recovery efforts you attempt. Having the right attorney on your side from the outset of your claim will significantly improve your chances of reaching a positive conclusion to your case. The Sumwalt Group Workers’ Comp and Trial Lawyers are ready to provide the compassionate legal counsel you need in this difficult situation.
If you or your loved ones have been injured, please at least talk to an experienced and qualified attorney about their options. Please call our office in Charlotte at 704-565-0621 today with your questions and concerns. You can also email us, and someone will be in touch with you as soon as possible.
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