Durham First Responder Injury Lawyer

First Responder Injury Attorney in Durham, NC

First responders have difficult jobs, faced with emotionally and physically intense shifts and higher risks of workplace injury and illness. If you’ve suffered an injury on the job and are facing pushback about your workers’ compensation benefits, contact a Durham first responder injury lawyer who can help explain your legal rights and options under state law.

Hire a First Responder Injury Lawyer With Years of Professional Experience

With over 45 years of combined legal experience, the attorneys at The Sumwalt Group Workers’ Comp and Trial Lawyers have helped hundreds of North Carolina employees seek justice for their pain. We’re dedicated to protecting workers’ legal rights. We provide full legal services to clients, addressing their concerns and advocating on their behalf in legal proceedings.

Our firm offers consultations to residents of Durham and the surrounding areas. When you come in for your appointment, you’ll be able to describe your situation in detail. From there, our attorneys can offer transparent legal advice to help you make informed choices about your case.

Vernon Sumwalt

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Workers’ Compensation Laws in North Carolina

When working for the city of Durham, North Carolina first responders are at a higher risk of workplace injury and illness than in other careers. Major employers include the City of Durham Fire Department, with over 400 employees and 19 fire stations. Durham also employs over 150 basic EMTs and over 200 advanced EMTs.

Over 65% of calls handled by first responders in Durham are for emergency medical services. In 2023, there were 85,700 reported cases of workplace injuries and illnesses throughout North Carolina.

When employees are injured on the job, they’re entitled to workers’ compensation benefits. Workers’ compensation benefits can be given regardless of who was at fault for the incident. While this helps protect your rights as a worker, it also means you typically can’t open a legal case against your employer, unless the incident was caused by their intentional actions or reckless conduct.

Benefits You Can Receive From Workers’ Compensation in North Carolina

In North Carolina, employees injured on the job are entitled to benefits. These benefits include:

1. Medical treatment: Your doctor is typically chosen for you by your employer or their workers’ compensation insurer, but you can request a change in your provider.
2. Wage replacement: You may receive partial wages while injured, starting seven days after disability. These will be payments of two-thirds of your average weekly wage.

Benefits can continue until you’re able to return to work in full capacity. If you have long-term pain or disability from the injury, you may be entitled to permanent partial disability payments. 

1. Rehabilitation services, if needed

Steps to Take After Experiencing a Workplace Injury

After suffering an injury while on the job, seek medical attention as soon as possible. Be sure to inform your doctor that your injury happened on the job. Request copies of your medical records and keep detailed notes throughout your recovery.

You’ll then need to notify your employer. This has to be done within 30 days of the incident, both verbally and in writing. They’ll begin the steps for your workers’ compensation claim. Once filed, their insurer will either approve or deny your claim.

You can take time off for your recovery immediately. While you won’t receive any partial wages for the first seven days off, you can use your PTO or sick time. If the injury forces you to miss work for over 21 days, those first seven days off work will be reimbursed. You’ll receive your first wage payment 14 days after reporting your injury to your employer. After that, you will receive wages every week until you can return to work.

FAQs

Why Would My Workers’ Compensation Claim Get Denied?

Your workers’ compensation claim may get denied if your employer doesn’t believe your injury was directly caused by your job. This can be frustrating for those who are too injured to work and need their benefits to pay their bills. Having to fight with insurance adjusters and your employers can quickly become overwhelming. It’s important to hire a first responder injury lawyer to advocate on your behalf while you focus on recovery.

What Should I Do if My Workers’ Compensation Claim Gets Denied in Durham, NC?

In Durham, NC, if your workers’ compensation claim gets denied, you should receive a notification of this decision from your employer. From there, you can request a hearing to appeal the denial. During this waiting period, you can still seek medical treatment.

Healthcare providers will only bill you for your treatment if your claim results in a final denial after the hearing. To have the most favorable chances during your hearing, contact a lawyer to help fight on your behalf.

What Should I Do if Someone Else Caused My Workplace Injury?

If someone else caused your workplace injury, you can seek workers’ compensation benefits. Another option is to file a legal claim against the party, also known as a personal injury case. You’ll have a year to file your legal case against them. If you decide to pursue a trial, any workers’ compensation benefits that were paid out to you will be deducted from the compensation won during your case.

How Long Can I Receive Medical Treatment on Workers’ Compensation in North Carolina?

In North Carolina, you can receive medical treatment on workers’ compensation for two years after you receive the last partial payment of wages from your employer. This means that even if you’re back to work, you can still seek medical treatment as long as you aren’t back to 100% health. It’s important to know this deadline, as many employees assume they can’t get care if they’re able to work.

Choose a Trusted Workers’ Compensation Law Firm in North Carolina

Reach out to our Charlotte office today to schedule your confidential appointment with one of our attorneys. The Sumwalt Group Workers’ Comp and Trial Lawyers provides new clients with case consultations to discuss the full details of their situation. When recovering from a workplace injury, you need a strong legal advocate who can help you navigate the legal complexities of your case.