Durham Healthcare Worker Injury Lawyer

Healthcare Worker Injury Attorney in Durham, NC

When an incident happens at the workplace, it can feel destabilizing. Those employed in healthcare face a higher risk of exposure. Not knowing how your paycheck or medical care will be handled is overwhelming when dealing with an injury. If you’re facing pushback after filing workers’ compensation, reach out to a Durham healthcare worker injury lawyer to understand your legal rights and options.

Choose an Experienced Workers’ Compensation Attorney in North Carolina

The Sumwalt Group Workers’ Comp and Trial Lawyers is a Charlotte-based law firm with a niche focus on workers’ compensation. With over 45 years of combined legal experience, our attorneys have taken on every type of case imaginable. We’ve handled hundreds of cases for North Carolina employees, handling the legal side of things so they can focus on rest and recovery. We offer consultations to residents of Durham and surrounding cities in North Carolina.

Vernon Sumwalt

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North Carolina Workers’ Compensation Laws

Known as the “city of medicine,” Durham, North Carolina, is home to more than 300 medical and health-related companies and practices. Major employers for healthcare workers in Durham include Duke Health, Durham VA Medical Center, WakeMed, and UNC Healthcare. In 2023, 27,486 people were employed in Durham’s health care and social assistance industry.

Workplace injuries and illnesses are more common for healthcare workers due to their constant exposure. In 2023, 85,700 workplace illnesses and injuries were reported in North Carolina. Education and health services were among the highest-rated for these injuries and illnesses, behind mining, trade, and transportation, and government jobs.

Luckily, North Carolina offers workers’ compensation to employees who sustain a job-related injury. No matter who was at fault for the incident, you can receive workers’ compensation benefits. However, since employees don’t have to prove fault, they also typically can’t file a legal claim against their employer for the injury unless it was caused by their employer’s intentional actions or reckless conduct.

The Workers’ Compensation Benefits You’re Entitled to in North Carolina

After getting injured on the job, it’s important to seek medical treatment as soon as possible. Your health and safety are the top priority. Be sure to mention your workplace injury to the doctor so they can note it in your medical chart.

Then request copies of your medical records. You’ll want to keep detailed notes throughout your recovery process. After informing your employer of your injury, their workers’ compensation insurer will either approve or deny your medical claim. If approved, you can receive three main benefits. These are:

1. Wage replacement: This will be paid to you weekly, equal to two-thirds of your average weekly wages.
2. Medical treatment: Including surgeries, medications, and mobility aid devices
3. Rehabilitation services

You’ll be notified in writing if your claim is denied. You can then request a hearing to appeal the denial. Denials often happen because your employer doesn’t believe your injury was directly caused by your job. It’s important to hire a healthcare worker injury lawyer to help advocate on your behalf during this time.

FAQs

How Long After a Workplace Injury Can I Claim Workers’ Compensation?

After being injured at work, you can claim workers’ compensation 14 days after you notify your employer of the injury. You have to report the injury both verbally and in writing, and you have 30 days to do so. Once reported, you can take time off work right away to recover. For the first seven days, you won’t receive any partial wages. However, if the injury lasts over 21 days, you’ll receive reimbursement for those first seven days.

Do Employers Have to Have Workers’ Compensation Insurance in North Carolina?

Almost every employer in North Carolina has to carry workers’ compensation insurance for their injured employees. While this means employees can’t file a legal claim against their employer, employers must still comply with safety laws. If they don’t and an employee gets injured, workers’ compensation benefits increase by 10% for the injured worker. However, if the worker ignores safety rules and is injured as a result, their benefits will be reduced by 10%.

What Do I Do if a Third Party Caused My Workplace Injury?

If a third party caused your workplace injury, you can still receive workers’ compensation benefits for your pain. It also means you can file a legal claim against them within a year. This is called a personal injury claim and is handled in civil court. If you win, you’ll receive compensation. Any workers’ compensation benefits you’ve received will be subtracted from the compensation awarded in your personal injury case.

How Long Can I Receive Medical Treatment on Workers’ Compensation in Durham, NC?

In Durham, NC, you can receive medical treatment on workers’ compensation for two years after your last partial wage payment has been made to you. Many employees don’t realize the timeline is this long, making it important to research the full extent of workers’ compensation laws. This means that if you’re able to return to work under medical restrictions, you can still receive medical treatment for the next two years.

Can I Choose My Own Healthcare Provider After Being Injured at Work in North Carolina?

In North Carolina, you may be able to choose your own healthcare provider after being injured at work, but only if you request it in writing. If you go to the doctor provided by your employer and want a second medical opinion, you also have to request this in writing.

The North Carolina Industrial Commission oversees workers’ compensation and will only approve your request if it believes the change in doctor will help you during recovery or relieve your symptoms.

Hire a Healthcare Worker Injury Lawyer to Represent Your Case

Reach out to the team at The Sumwalt Group Workers’ Comp and Trial Lawyers today to learn how our lawyers can help you during this difficult time. We offer consultations to residents of Durham and surrounding cities in North Carolina. When dealing with an injury from work, you need a strong legal advocate to ensure your rights are protected throughout the entirety of your case.