Charlotte Factory Worker Injury Lawyer

Charlotte Factory Worker Injury Attorney

Working in any type of factory entails many risks, and these workplaces are commonly cited as some of the most likely places in which workplace injuries happen. If you or a family member recently suffered any type of work injury while working in a factory, you need to understand your rights and how workers’ compensation insurance may help you recover. A factory worker injury lawyer located in Charlotte, NC, is the ideal resource for anyone with a claim in North Carolina.

Representing Injured Factory Workers from Charlotte & Throughout North Carolina

The Sumwalt Group Workers’ Compensation and Trial Lawyers has years of experience helping injured workers throughout North Carolina from its centrally located office in Charlotte, NC, with workers’ compensation claims and other legal cases related to injuries at work. Factory injuries are common, and factory owners are required to follow strict safety regulations aimed at minimizing the chance for serious injuries to happen. Still, factory work injuries can happen unexpectedly in many ways.

Our team can give you the information you need to understand your rights as a worker in North Carolina and the options you have for recovering benefits following a factory injury. In the event that a third party causes your work injury, our firm can help pursue additional compensation that can enhance your recovery. You can rely on our team for guidance and support through all stages of your work injury case from our centrally located office in Charlotte, North Carolina.

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Most Common Types of Factory Injuries

Any type of factory is inherently dangerous for many reasons. Workers are often required to navigate facilities that pose slip and fall and tripping hazards, and the various special vehicles used for factory work may have accidents resulting in injuries. Factory equipment used for fabrication, manipulating raw materials, and assembling products can also malfunction and cause injury, or these machines may cause burns or other injuries if they are misused.

Some of the most commonly reported factory injuries in North Carolina include crushing injuries, injuries from falls, heavy equipment malfunctions, and injuries from negligent coworkers. It is also possible for factory workers to develop repetitive stress injuries over time from performing the manual tasks required of them at work each day. As long as your injury happened from work, you might qualify for workers’ compensation benefits.

If you suffered an injury from a specific accident at work, it may not be difficult to prove that your injury was work-related. However, some of the most common injuries cited in workers’ compensation claims in North Carolina are repetitive stress injuries. These appear gradually over time, usually due to an employee performing the same physical tasks every day at work. They will need to prove that their job placed them at an increased risk of contracting the particular medical condition compared to the general public and that their job duties significantly contributed to the medical condition’s development.

Filing a Claim to Receive Workers’ Compensation with a Lawyer in Charlotte, North Carolina

In North Carolina, virtually every employer in every industry must carry workers’ compensation insurance; this insurance applies to most regular employees. Employers are not required to cover independent contractors and federal employees are compensated under an entirely different system, however, so it is important to confirm your employment status with your employer so you can be sure that you are appropriately covered. This insurance applies to any illness or injury acquired from performing your job duties.

If you are wondering whether your injury qualifies for workers’ compensation benefits, the first issue you must resolve is your eligibility based on employment status. Then, you must determine whether your injury qualifies as work-related. As long as it occurred while you were doing your job duties, it generally satisfies this criteria. The issue of fault rarely arises in work injury cases, as workers’ compensation insurance is a form of no-fault insurance.

This means you do not necessarily have to prove fault for your factory injury to qualify for any benefits. It is possible for you to have caused the injury yourself and still qualify as long as you were working in good faith. If you hurt yourself because you were working while impaired by drugs or alcohol or if you violated workplace safety rules, these factors could disqualify you from workers’ compensation benefits if the impairment contributed to the injury.

You must report any work injury to your employer within 30 days to qualify for workers’ compensation unless your employer has actual knowledge of it; otherwise, your employer would have the right to deny the claim. Once you have reported the injury, your employer must provide you with the forms you need to complete and submit to their insurance carrier. You have two years from the date of your injury in which to file your claim, and missing this limitations period will cancel your eligibility for benefits.

Potential Complications With North Carolina Employers

Most employers throughout North Carolina handle workers’ compensation cases appropriately and do everything they can to assist their injured employees with getting the help they need to recover. However, it is possible for an employer to interfere with a workers’ compensation case in many ways, including engaging in unlawful retaliation against their employee. They may worry their claim will lead to increased insurance premiums or other issues.

If you believe that your employer has mishandled your situation, or if they deny coverage for your factory injury, it is crucial to consult legal counsel you trust as quickly as possible. The right attorney can help resolve these issues and, if necessary, explain how you can hold your employer accountable for their unlawful interference with a workers’ compensation claim filed in good faith. We handle claims throughout North Carolina from our centrally located office in Charlotte, NC.

Functional Capacity Evaluation and Workers’ Compensation Benefits

As part of the claim filing process in Charlotte, the injured worker will sometimes need to submit to a functional capacity evaluation from a physician approved by their employer’s insurance carrier. This physician will determine the overall severity of the victim’s injury and the functional capacity they retain. They will express their findings with a numerical disability rating, and this rating is sometimes an important factor in determining the victim’s benefits.

Generally, the higher your disability rating, the more you can expect in disability benefits from your employer’s insurance carrier. Additionally, benefits are awarded in partial or total designations based on whether the victim can still work while they recover. If they can, partial benefits are awarded that help offset their diminished earnings if they are unable to earn as much as usual due to their injury.

Disability ratings are paid at a rate of about 66 2/3% of their average wage for the week based on the previous year of work for their employer and also take into consideration the body part(s) injured. The maximum disability benefit amount is adjusted annually, and these payments can continue weekly until the victim can resume working.

Your factory worker injury lawyer centrally located in Charlotte, NC, can help with all phases of the claim filing process for claims throughout North Carolina. If you encounter any issues with your employer’s handling of your claim, or if you believe they have not handled your claim appropriately, your attorney will know how to resolve these issues.

Resolving Issues With Insurance Carriers

Every insurance carrier has a legal obligation to process every claim received appropriately and to provide timely responses to these claims. Most insurance carriers will attempt to resolve claims for compensation for as little as possible, and some may even engage in unethical tactics in their efforts to avoid paying out maximum settlements to injured claimants. However, they are less likely to attempt these tactics against claimants who have legal representation.

Your factory worker injury lawyer in Charlotte, North Carolina, can help navigate the workers’ compensation claim filing process and resolve any issues you encounter with an insurance company. They will assist you in filing your claim, and if the insurance carrier requires additional information or asks any questions, your attorney can guide you through these interactions and verify that the insurance company has handled the situation appropriately.

Understanding Third-Party Personal Injury Claims in North Carolina

While workers’ compensation insurance aims to function as a financial safety net for an injured worker, it also serves to protect covered employers. This means that an injured worker typically cannot sue an employer for a work-related injury as long as their employer has the required insurance and handles their claim in good faith. However, if a third party caused your injury, you may have grounds to file a third-party personal injury suit.

This type of personal injury claim can potentially allow you to recover compensation that workers’ compensation insurance does not provide. For example, you may be able to hold the third-party defendant accountable for the lost income that the insurance company does not cover, as well as compensation for non-economic damages such as “pain and suffering” for which the North Carolina workers’ compensation system does not provide coverage. Fault may not be an issue for most workers’ compensation insurance claims, but it will be central to a personal injury suit.

In order to succeed with a personal injury claim in North Carolina, the plaintiff must prove the defendant is directly responsible for causing the injury and show the full extent of the resulting damages. Additionally, the plaintiff must not bear any partial liability for the injury under North Carolina’s contributory negligence rule. If they are partially liable, it will negate their ability to claim compensation for damages from any other liable party.

How Your Factory Worker Injury Lawyer in Charlotte, NC, Can Help

The right attorney can be an invaluable asset for the various stages of your work injury case in North Carolina from our centrally located offices in Charlotte. The team at The Sumwalt Group Workers’ Compensation and Trial Lawyers has the resources and professional experience necessary to handle the most challenging cases, and you can rely on our team to provide ongoing support through every stage of your factory work injury case. It is important to connect with your Charlotte factory worker injury lawyer as quickly as possible after your injury occurs.

Our team will meet with you in an initial consultation to learn as much as possible about how your injury happened, whether any specific parties bear fault for the injury, and the scope of benefits you will need to recover as much as possible. We can help prepare for the workers’ compensation insurance claim filing process, resolve any disputes with your employer and/or their insurance company, and assist you in securing a fair determination of benefits.

In the event that you encounter employer retaliation, bad faith from the insurance carrier, or if you have grounds to file a third-party personal injury suit, you can rely on our team for assistance in resolving these issues as well. We know how the insurance carriers throughout North Carolina handle workers’ compensation claims and how to help our injured clients maximize their recoveries as efficiently as possible.

Find Your Legal Team using a Lawyer in Charlotte, NC, Today

While the timeframe in which you must file your workers’ compensation claim may seem generous enough, the reality is that you need to file your claim as quickly as possible after your injury. Any delay will give the insurance company reason to doubt the legitimacy of your claim and increases the chances of encountering complications. You are most likely to resolve your claim efficiently when you work with a seasoned attorney.

Your factory worker injury lawyer in Charlotte, North Carolina, can help file your claim in a timely manner, address any issues you encounter with your employer and/or their insurance carrier, and prepare you for each step of the claim filing process.

When it comes to your determination of benefits, your attorney can ensure that it suits your needs and that the insurance company has delivered a fair determination. They can also assist you with exploring alternative avenues of legal recourse if necessary.

The Sumwalt Group Workers’ Compensation and Trial Lawyers have years of experience handling a wide range of complex workers’ compensation cases, and we are confident that we can provide the guidance and support you need for your case. You need to consult a Charlotte factory worker injury lawyer as quickly as possible, so contact our team today to schedule your free consultation with a legal team you trust for work injury claims throughout North Carolina.