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2010-04-14T14:58:00.001-04:00

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Calculation of Average Weekly Workers' Compensation Benefits

2010-04-08T19:12:00.001-04:00

Your Workers' Compensation attorney can help you figure out that you can expect to receive in Workers' Compensation benefits. Every situation is unique, and your personal circumstances will apply. However, there are some basics that can help you get an idea of the amount of Workers' Compensation benefits you might receive.

Replacing a Portion of Your Income

Workers' Compensation does not replace all of your income. It can replace up to two-thirds of your average weekly wage. Your average weekly wage is based on what you have made over the last year. If you have not been with the same employer for a full year, it is calculated based on the amount of time you have been with your current employer.

Partial or Total Disability

The amount you receive each week will depend on whether you are deemed partially or totally disabled. Total disability means you can draw two-thirds of your weekly wage, for however long your disability lasts. It may be temporary or permanent.

Temporary disability only shortens the length of time which you may draw Workers' Compensation. It does not lessen the amount you receive each week.

Partial disability does lessen the amount you may receive each week. If you are able to work, but make less because of limitations caused by your injury, you can receive two-thirds of the difference between your old wage and your new, lower wage.

Total disability only kicks in after you have missed more than seven days of work. You must miss at least 21 days of work, due to your injury, in order to be paid for the first seven days you missed.

To learn more about the benefits you may be entitled to, please contact White & Stradley, LLP and schedule your initial Workers' Compensation law consultation today.

Auto Accidents and Workers' Compensation

2010-03-11T18:45:00.001-05:00

Figuring out if your auto accident is covered by Workers' Compensation can be more complicated than it seems. The basic rule of thumb is, if you were traveling for the benefit of your employer, your accident is covered. However, within that basic concept, there can be grey areas, and what you consider travel for your employer could be a matter of opinion. North Carolina Workers' Compensation law tries to sort this out in great detail. Even so, you may still need an experienced Workers’ Compensation attorney to help you with your claim.

Your Daily Commute Does Not Count (Usually)

One of the most frustrating parts of Workers' Compensation auto accident law is the fact that driving to and from work is not considered to be part of your job, and is, therefore, not covered. You probably disagree.

There are some exceptions, so if you were injured in an auto accident during your commute, do not assume that you are not eligible for Workers' Compensation.

Were You Doing Something For the Benefit of Your Employer?

Besides going to work, that is. This is the big question. If you were running an errand for your employer, you are probably eligible, even if you did something personal at the same. However, if you make a side trip for yourself while driving as part of your work duties, you are not covered while off the work route.

As you can see, it can get very complicated. Your employer's insurance company will try to use the complicated nature of the law against you.

If you have been injured in an auto accident that you believe may be covered by Workers' Compensation, please contact the experienced Workers' Compensation attorneys of White & Stradley, LLP today. We will schedule your initial consultation. If we feel that you case has merit, your consultation is free.

Am I Eligible For Workers’ Compensation Benefits If I Did Something To Cause My Injury?

2010-02-08T17:56:00.001-05:00

In most cases, you are eligible for Workers' Compensation even if the accident that caused you injuries was your fault. A Workers' Compensation claim is not a lawsuit, and you do not have to prove fault on the part of your employer, or prove that you were not at fault, in order to receive benefits.

Exceptions

There are a couple of circumstances that can give your employers' insurance company the right to deny your claim:

If you caused your injuries on purpose
If you were intoxicated at the time of the accident

If your employer or supervisor provided the alcohol or drugs, then even intoxication is not grounds for denial.

Your Benefits May be Reduced or Increased by 10%

Even if you fail to do your work in a safe manner or break safety laws or rules, you are still eligible for Workers' Compensation in North Carolina. Your benefits may be reduced by 10%, if the problem was brought to your attention before you were injured.

If your employer was knowingly breaking laws or regulations and that caused your injury, your benefits may be increased by 10%.

Workers' Compensation laws were created to insure that workers are taken care of when they are injured. It provides for your medical bills and a portion of your lost income. It also protects employers from lawsuits. Workers' Compensation does not pay as much as you might win in a personal injury lawsuit, but it is much easier to get your benefits and it puts money in your pocket faster than suing.

If you have been injured on the job, please contact the experienced Workers' Compensation attorneys of White & Stradley, LLP to schedule your initial Workers' Compensation law appointment and find out if you are eligible for benefits today.

Workers' Compensation Death Benefits

2010-01-12T18:53:00.002-05:00

Workers' Compensation death benefits can help your family pay bills and buy groceries if you die from a work-related injury. It will not replace your full income, and in most cases, it does not last a lifetime, but it can make a big difference to your family in their time of need. If you have lost a loved one in a work-related accident or to an occupational injury, you may be entitled to Workers' Compensation death benefits. The compassionate North Carolina Workers’ Compensation Attorneys of White & Stradley, LLP can help you determine if you are eligible and help you file your claim.

Dependents

Widows or widowers and minor children are automatically considered "wholly dependent" under North Carolina Worker's Compensation law, and get first priority. When there is no surviving spouse or minor child, other may qualify as wholly or partially dependent, and may be entitled to payments or a share of the payments.

Next of Kin

If there are no dependents, adult children, parents, or siblings of the deceased worker may be entitled to Workers' Compensation death benefits.

Burial Expenses

Workers' Compensation pays up to $3,500 in burial expenses even when there is no one who qualifies for death benefits.

Time Limits

Time limits do apply. Workers' Compensation death benefits are only available to those whose loved ones have died within six years of their accident or within two years of being declared disabled.

If you have lost a loved one to a work-related accident or if you have been injured on the job or are living with an occupational illness, please contact the experienced North Carolina Workers' Compensation attorneys of White & Stradley, LLP to learn more about Workers' Compensation death benefits and how they may apply to your situation.

Who is Entitled to Workers' Compensation Benefits?

2009-12-07T19:00:00.002-05:00

If you have been injured on the job or have discovered that you have a work-related illness, you may be wondering if are entitled to Workers' Compensation benefits.

The first thing you need to ask yourself is, "Am I an employee?" Simply having a job or working for someone does not always make you an employee. Independent contractors are not employees, and obviously if you work "under the table" then you are not an employee.

Most employees, including government employees, are covered by workers' compensation laws. There are a few, rare exceptions. The experienced Workers' Compensation attorneys at White and Stradley can help you determine if you are covered or fall under one of these exceptions.

An employee's dependents may be entitled to benefits in the case of a death caused by a work-related injury or illness. If you are the spouse or dependent child of someone who has died in an accident at work or from an illness such as mesothelioma, you may be able to collect workers' compensation death benefits.

Workers are covered when they are traveling on business. This does not include your normal commute, but it does include business trips, traveling to meetings, deliveries, and other travel required by your employer. When you are out of town on business you may even be covered during non-work activities, such as accidents that occur in your hotel room or during leisure activities.

If you or a loved one has been injured or killed on the job, in North Carolina, please contact the experienced workers’ compensation attorneys at White and Stradley to find out if you are entitled to workers' compensation benefits.

What Should I do if I'm Hurt on the Job

2009-11-09T18:47:00.001-05:00

On the job injuries can raise many fears about how you will pay your medical bills, what you will do for income while you recover and event he question of whether you will be able to work again. It can be a very frightening time for you and your family. However, if you take the right steps after a work accident, you can protect your rights and your ability to collect Workers’ Compensation benefits which can offset a great deal of your financial loss.

Report the accident to your employer, and do it in writing, if possible.
Get medical attention for your injuries whether they seem serious or not
Fill out a Workers’ Compensation claim form and turn it in to your employer right away to get the ball rolling on your claim as soon as possible. Your employer is required to provide you with the form.
Contact an experienced workers’ compensation attorney. Even though a workers’ compensation claim is not a lawsuit, you may need a lawyer’s help to get the compensation that you deserve. In some cases there may be more involved than just a workers’ compensation claim. Your attorney can help you figure this out.
Get the name and contact information of any witnesses.
Take pictures of the scene of the accident and of your injuries.

It is important to take action as soon as you are able after any medical emergencies have been attended to. Your Workers’ Compensation benefits can help you and your family make it through the time that you are out of work. The longer you wait to file your claim, the longer it will be before you start receiving any compensation. The attorneys at White and Stradley can help you through the claims process. If you have been hurt on the job in North Carolina, please contact us today.

Choosing a Workers' Compensation Lawyer

2009-10-20T16:26:00.001-04:00

When you choose a lawyer at random you are taking a big risk. Choosing the right lawyer for you and for your current needs is much like choosing a doctor. You don’t just say "a doctor's a doctor" and go to a cardiologist for cancer treatments; you go to a doctor who specializes in treating cancer patients. When you have a legal issue you want that same kind of specialization. Your Workers' Compensation lawyer should be knowledgeable and experienced in Workers’ Compensation law and should have a track record of success with Worker's Compensation cases.

You may even be wondering if you need an attorney at all. Technically, you can try to go through the process on your own. It is not a lawsuit. However, it can be very complex. More importantly, you are going to be up against the insurance company, and you can be sure that the insurance company will have a team of lawyers on their side.

If you have already started the process on your own, you can still choose to work with a lawyer. If your claim has been denied, you should contact a lawyer right away. You have the right to appeal and you will have a limited time to do so. If you have been offered a settlement, a Workers' Compensation lawyer can review the offer and help you decide if it is fair or if you should be receiving more.

If you are considering a Workers' Compensation claim, in North Carolina, or if you are already involved in the process, please contact an experienced Workers’ Compensation attorney at White and Stradley today to find out if we are the right firm for you.

Injuries While Traveling on Business

2009-09-28T15:15:00.001-04:00

Workers' Compensation laws apply even when you are not at your normal place of business. If you are travelling for the benefit of your employer and you are injured, you may be eligible for Workers' Compensation benefits.

Defining work-related travel can be complicated. Travelling by car, bus, airplane or other means of transportation during a business trip is considered job-related travel. As strange as it may sound, your commute to and from work is not.

Traveling for the benefit of your employer or in the course of your job would also include travel to meetings, running errands, making deliveries, and anything that you must do in the course of your job. It can even include driving to social events if your employer requires that you attend.

If you are injured while on a business trip and are injured doing non-business related activity, your injury may still be covered under Workers' Compensation. For example, if you were to slip and fall in the shower in your hotel room, it would be considered a job related injury. Even injuries that you incur while out shopping for souvenirs or during other leisure activities you participate in during your business trip may be covered.

Many workers never receive benefits because they do not realize they should file a claim for these types of injuries. If you are not sure if your injuries fall under Workers' Compensation law, the experienced Workers' Compensation attorneys at White and Stradley can help you determine whether or not you have a claim. Please contact us today to learn more.

Workers’ Compensation: Workplace Injuries

2009-08-21T12:02:00.000-04:00

Workplace injuries run the gamut from minor cuts and bruises to long-term and even fatal health conditions that do not even begin to show symptoms until years after the initial cause of injury takes place. Many people who suffer from work-related injuries and illnesses are not aware that they can get help with their medical bills and other financial losses through Workers’ Compensation benefits without having to sue their employer.

Accidents can lead to severe injuries such as:

Brain injuries
Back injuries
Hand injuries
Eye injuries
Amputations
Paralysis
Death

You can also be injured on the job without any accident occurring. Exposure to toxic substances can cause immediate and long-term health problems. Some of these problems may not even become noticeable until decades later. For instance, asbestos-related diseases typically do not show symptoms until 25 years after exposure, but once the symptoms arise, the disease can be fatal in a very short time and require expensive treatments for the remainder of your life.

Other working conditions can also cause injuries. Repetitive motion injuries, such as carpal tunnel syndrome, can be very painful and difficult to correct. Exposure to noise can cause permanent hearing loss. Although you may not realize it, you may be eligible for Workers’ Compensation benefits for these types of workplace injuries.

Successfully pursuing a Workers’ Compensation claim can help you get the care that you need to recover from workplace injuries, and when a full recovery is not possible it can pay for the adjustments that you must make in your life to live with your injuries.

Please, contact White and Stradley, LLP in Raleigh, Durham, Goldsboro, Greenville, Kinston, Lumberton, Fayetteville, Rocky Mount, and Tarboro, North Carolina, to find out if your injuries are covered by workers’ compensation.

Workers’ Compensation

2009-07-30T16:56:00.000-04:00

Many people who are injured on the job fail to file Workers’ Compensation claims because they do not understand what Workers’ Compensation really is, what it is not, and what makes someone eligible to potentially receive benefits.

A Workers’ Compensation claim is an insurance claim. Employers are required to carry Workers’ Compensation insurance to cover the expenses of job-related injuries for the protection of their employees and themselves. It means that employers do no have to pay for your injuries out-of-pocket, which is something many employers cannot afford to do.

A Workers’ Compensation claim is not a lawsuit against your employer, nor is it an application for government assistance.

You may be eligible for Workers’ Compensation benefits if you were injured on the job during an obvious incident, such as an accident. You may also be eligible if you have immediate or long-term injuries caused by work-related exposure such as to toxic chemicals or noise, or if you have repetitive motion injuries such as carpal tunnel syndrome.

Workers’ Compensation benefits are available to you even if your employer was not to blame for your injuries. You co not have to prove fault to receive your benefits.

Filing a Workers’ Compensation claim is more than just a necessary formality. The benefits can save you and your family from serious financial harm. Your benefits can cover your medical bills, rehabilitation, and your lost wages while you recover or if you are permanently disabled.

If you have been injured on the job, in North Carolina, the experienced workers’ compensation attorneys at White and Stradley can help. Please contact us to learn more about workers’ compensation benefits and how we can help you get the compensation that you need and deserve.

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2009-07-09T14:20:00.004-04:00

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