construction workers

Key Takeaways

  • No-Fault System: Workers’ compensation benefits are available regardless of fault. You do not have to prove that your employer was somehow negligent, and you cannot be denied benefits if you were partially responsible for the injury occurring. Workers’ comp benefits can cover medical expenses, a portion of wage losses, permanent disability and potentially more.
  • Timely Reporting: Report your injury to your employer immediately and ask them to direct you to their designated doctor. When you see the doctor, be sure to give a detailed explanation as to how you got hurt on the job.
  • Types of Injuries: Common workplace injuries include slips, trips, falls, lifting injuries, motor vehicle accidents, struck-by incidents, and overexertion.
  • Wage Loss Benefits: Temporary Total Disability (TTD) is one type of benefit that will provide 66 and 2/3 percent of your average weekly wage, subject to state caps.
  • Appealing Denials: If your claim is denied, you have the right to appeal through the North Carolina Industrial Commission.
  • No Upfront Fees: Kornbluth Ginsberg Law Group offers free consultations and charges no fees unless compensation is recovered.

Have you suffered a work injury in Durham, NC? If so, you should know that you could be entitled to workers’ compensation benefits. The Kornbluth Ginsberg workers’ comp attorneys in Durham and Sanford, NC are here to help. Dealing with an unexpected injury can be challenging, especially if it affects your ability to work and earn a living. An on the job injury can leave you feeling overwhelmed and unsure about what to do next. Our dedicated workers’ comp team of attorneys understand that a workplace injury is about your job, your career and your family. We are dedicated to protecting your rights and making sure that the insurance company provides every benefit to which you are entitled to receive.

At Kornbluth Ginsberg Law Group, P.A., you can be assured that our workers’ compensation team understand the challenges you’re facing. Our workers’ comp lawyers have decades of experience navigating the workers’ compensation claims process and fighting the insurance company to pursue the benefits you are due while you focus on your family and your recovery. Further, if you are denied benefits, our lawyers have the experience to fight a denial with a workers’ compensation appeal.

Don’t go through this alone. Contact Kornbluth Ginsberg today for a free, no-obligation consultation, and let us help you get back on track.

If you or a loved one has been hurt in an accident while at work, we invite you to contact our team of experienced workers’ compensation lawyers in Durham and Sanford, NC. Free consultations! Call us 24/7 at 919-980-9895 as soon as possible.

One of our offices is conveniently located at 3400 Croasdaile Drive, Suite 300, Durham, NC.  We offer several parking options to make your visit stress-free, including on-site parking, free street parking, and a free parking lot. The office also has a wheelchair-accessible parking lot for your convenience. We are ready to help you!

How a Durham, NC, Workers’ Compensation Attorney Can Help You

Having an experienced lawyer by your side can make all the difference if you have a workers’ comp claim.

A Durham workers’ compensation attorney from Kornbluth Ginsberg can help you by:

  • Gathering necessary medical records and evidence to support your claim
  • Filing all required claim forms and paperwork on time
  • Calculating the correct amount of benefits you should receive
  • Negotiating with workers’ compensation insurers on your behalf
  • Representing you at hearings and other legal proceedings
  • Preparing you for any testimony or statements you must provide
  • Challenging any denials of your workers’ compensation claims through appeals
  • Protecting your rights throughout the claims process
  • Never charging any fees unless we secure compensation in your workers’ compensation claim

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that provides monetary benefits to employees who get hurt on the job or fall ill because of the job. Its purpose is to ensure employees get the financial support and care necessary to recover and return to work.

It is a no-fault system, which means eligible employees can receive benefits no matter who was at fault for their injury or illness. Workers’ comp benefits cover medical expenses and replace a portion of lost wages when workers can’t return to their jobs.

Are all Durham, NC, businesses required to provide workers’ comp?

No. Not all businesses in Durham, North Carolina, must provide workers’ comp insurance. However, most do. Specifically, all employers with at least three employees must have workers’ comp insurance or qualify as self-insured. This requirement applies to corporations, sole proprietorships, limited liability companies (LLCs), and partnerships.

All businesses with employees who work with radiation must provide coverage regardless of how many people they employ. Notably, employers cannot sidestep these insurance requirements by classifying their workers as independent contractors.

However, there are specific exemptions to these requirements for:

  • Certain railroad workers
  • Casual employees
  • Domestic workers employed by households
  • Small farm laborers
  • Federal employees
  • Agricultural product sellers

What Should I Do If I Am Hurt on the Job in Durham, NC?

If you get hurt on the job in Durham, the first thing you should do is seek medical care. Unless it’s an emergency or you apply for an exception, you must see a doctor of your employer’s choice. Make sure to tell the doctor that your injury is work-related.

Next, inform your employer about your on-the-job injury. It’s a good idea to do so immediately, but make sure you wait no longer than 30 days to preserve your right to apply for workers’ compensation. The best practice is to provide a written notice and keep a copy for your records.

After you notify your employer, they should coordinate with their workers’ comp insurer to get you the benefits you are due. If you do not receive adequate benefits, you have two years from the injury date or your last benefit payment to file a workers’ compensation lawsuit with the North Carolina Industrial Commission (NCIC).

What Benefits Can I Receive from Workers’ Compensation?

Workers’ comp benefits are intended to cover your medical expenses, replace a portion of lost wages, and provide additional support depending on the severity and duration of your disability.

The following are the various benefits you could receive under North Carolina’s workers’ compensation laws:

  • Medical Care Benefits – Workers’ comp covers all necessary medical treatments related to your work injury, including hospital visits, medications, surgeries, and rehabilitation. Additionally, if you must travel for treatment, you can claim compensation for reasonable travel expenses.
  • Temporary Total Disability Benefits – If your work-related injury or illness prevents you from working at all, you might qualify for temporary total disability (TTD) benefits. These benefits are not available for the first seven days of disability unless your inability to work lasts 21 days or more. TTD benefits cover up to two-thirds of your average weekly wages (AWW) from before the injury, subject to certain maximum limits, and can continue for up to 500 weeks. Extensions are possible, but they require proof of ongoing total disability.
  • Temporary Partial Disability Benefits – If you can return to work after an injury but cannot work at your full capacity, you might receive temporary partial disability (TPD) benefits. These benefits pay up to two-thirds of the difference between your current earnings and your pre-injury wages. If your injury aligns with those in the state’s schedule of injuries, you could receive benefits at the full TTD rate during your recovery period.
  • Permanent Partial Disability Benefits (Unscheduled) – For permanent partial disabilities not listed in the injury schedule, such as significant damage to internal or external organs or other serious disfigurements, North Carolina law allows for lump-sum awards. These awards can go up to $20,000, depending on the body part and severity of the disability or disfigurement.
  • Scheduled Loss of Use Awards – If you’ve permanently lost the use of specific body parts like hands, arms, or legs, you could be entitled to benefits according to the schedule of injuries. These benefits are worth two-thirds of your AWW multiplied by the number of weeks assigned to the affected body part, adjusted depending on an impairment rating assigned by your doctor.
  • Permanent Total Disability Benefits – Certain severe injuries could qualify you for permanent total disability (PTD) benefits. These include the loss of both eyes, hands, or legs, severe brain or spinal cord injuries, or extensive burns. These benefits are available at the same rate as TTD benefits and can continue for life in certain situations.
  • Vocational Rehabilitation Benefits – If you are unable to earn at least 75 percent of your pre-injury wages, you could receive vocational rehabilitation benefits. These benefits cover services that help you return to the workforce through retraining and education.

If you have questions about handling a workers’ compensation case in Durham, the following FAQs address common concerns and explain your options for seeking compensation.

If your workers comp claim in Durham, NC, gets denied, don’t lose hope. There is an appeals process that allows you to challenge the denial and seek the benefits you believe you are owed. However, the appeals process is complex, which is why you should seek help from a workers compensation attorney in Durham if you receive a denial. They can handle every aspect of your appeal, gather solid evidence to support your claim, and improve your chances of a successful outcome.

Workers from various industries are at risk for on-the-job injuries, but certain types of workers are particularly vulnerable, especially those in roles that involve physical labor or heavy machinery. Workers who frequently suffer from workplace injuries in North Carolina include:

  • Construction workers
  • Warehouse workers
  • Factory workers
  • Healthcare professionals
  • Firefighters
  • Police officers
  • Electricians
  • Carpenters
  • Truck drivers
  • Farmers
  • Roofers
  • Welders
  • Mechanics
  • Landscapers
  • Food service staff
  • Miners
  • Railroad workers

Work accidents typically occur when employers overlook important safety measures or fail to provide appropriate equipment or training.

Many occupational accidents happen due to the following:

  • Falls from heights, such as ladders, roofs, or scaffolding
  • Slip-and-falls or trip-and-falls on wet floors or cluttered walkways
  • Machinery accidents involving equipment with missing or inadequate safety guards
  • Overexertion from lifting, pulling, or carrying heavy objects
  • Struck-by-object incidents involving falling tools, materials, or debris
  • Electrocutions from contact with exposed wires or incomplete electrical installations
  • Exposure to harmful substances resulting in chemical burns or respiratory injuries
  • Repetitive motion injuries from continuous strains like typing or assembly line work
  • Fire and explosions resulting from gas leaks or improper handling of flammable materials
  • Vehicle accidents involving company vehicles or forklifts

Workers compensation provides coverage for a wide range of occupational injuries. These injuries can vary greatly in severity and type, depending on the nature of the work and the circumstances of the accident. Here are some common types of work-related injuries that workers comp typically covers:

  • Cuts and lacerations
  • Sprains and strains
  • Broken bones
  • Burns
  • Electrical shocks
  • Hearing loss
  • Vision loss
  • Respiratory issues

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Contact a Durham, NC, Workers Compensation Lawyer Today

Did you get hurt at work in Durham or Sanford, North Carolina? Let Kornbluth Ginsberg assist you. Our team is ready to handle every detail of your workers’ compensation case and get the benefits you need for your recovery. Contact us now for an initial consultation, and let’s start working together to help you heal and move forward.

Icon We understand that every case is unique, and our workers’ compensation lawyers have the experience you need to seek financial compensation for your work injury damages successfully. Call us 24/7  at 919-980-9895 for help navigating North Carolina workers’ compensation laws.