White & Stradley: Worker Compensation Attorney

North Carolina Workers’ Compensation Attorneys

White Stradley LLP Blog

Monday, February 8, 2010

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

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.

posted by Tiffany at 5:56 PM 0 comments

Tuesday, January 12, 2010

Workers' Compensation Death Benefits

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.

posted by Tiffany at 6:53 PM 0 comments

Monday, December 7, 2009

Who is Entitled to Workers' Compensation Benefits?

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.

posted by Tiffany at 7:00 PM 0 comments

Monday, November 9, 2009

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

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.

posted by Tiffany at 6:47 PM 0 comments

Tuesday, October 20, 2009

Choosing a Workers' Compensation Lawyer

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.

posted by Tiffany at 4:26 PM 0 comments

Monday, September 28, 2009

Injuries While Traveling on Business

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.

posted by Erica at 3:15 PM 0 comments

Friday, August 21, 2009

Workers’ Compensation: Workplace Injuries

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:


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.

posted by Evan Langsted at 12:02 PM 0 comments

This web page about workers' compensation is for informational purposes only. This web site should not be used as formal legal advice. Contact one of our experienced workers' comp lawyers today at White & Stradley LLP. We proudly serve all of North Carolina including Raleigh, Southern Pines, Tarboro, Burlington, Chapel Hill, Dunn, Fayetteville, Hillsborough, Lillington, Louisburg, Oxford, Pembroke, Pinehurst, Pittsboro, Raeford, Red Springs, Rocky Mount, Roxboro, Sanford, Selma, Siler City, Smithfield, and Warrenton. Our experienced work injury attorney also serves Alamance, Alleghany, Alexander, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Clay, Cleveland, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Hyed, Iredell, Jackson, Johnston, Jones, Lee, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain,Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wayne, Wilkes, Wilson, Yadkin, and Yancey Counties. If you have been injured in a work accident and suffered a job related injury, contact us today for a complimentary workers compensation claim consultation. We are committed and dedicated to help injured workers get the compensation benefits you deserve.



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  • At White & Stradley our Workers’ compensation lawyers are
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