Wilmington, NC Workers' Compensation Attorney

A workplace injury can lead to severe physical pain and financial turmoil. As medical bills pile up, you may have no idea when you can return to work or whether you will be able to return to work at all. The situation can be highly stressful for workers and their families.

At The Law Offices of John Drew Warlick, P.A., we understand what you’re going through. For three generations, our attorneys have helped injured workers throughout North Carolina pursue workers’ compensation benefits they need to recover and move forward after getting hurt on the job.

As our case results show, our experienced workers’ compensation attorneys know how to help. Contact us today for a free consultation to learn more about how our team can fight for you.

What Is Workers’ Compensation?

Workers’ compensation is a state-run system that requires most employers in North Carolina to provide benefits to employees who suffer injuries or develop occupational diseases. In exchange for these benefits, workers generally cannot sue their employers for workplace injuries.

The system should protect both employees and employers. It should also ensure that injured workers receive the medical care and partial wage-replacement benefits permitted by North Carolina law.

Are All Employers in Wilmington Required to Carry Workers’ Comp Insurance?

In North Carolina, most employers with three or more employees are required to carry workers’ compensation insurance. This requirement applies to businesses throughout Wilmington and the surrounding areas. Exceptions exist for certain agricultural operations and domestic workers. The majority of employees in the state receive coverage under this system.

Are Independent Contractors Covered by Workers’ Compensation?

Independent contractors typically do not qualify for workers’ compensation benefits in North Carolina. However, some employers try to misclassify workers as independent contractors when they are employees. If you believe your employer classified you, consult a North Carolina workers’ compensation lawyer. An experienced attorney can review your situation and help determine whether you may be entitled to benefits.

What Are Common Causes of On-the-Job Injuries?

Workplace injuries happen for many reasons. Some of the most frequent causes include:

• Distractions that prevent workers from noticing hazards
• Slippery floors without proper warning signs
• Improper training on equipment or safety procedures
• Understaffing that leads to rushed or careless work
• Lack of railings on scaffolds, stairs, or elevated platforms.

When employers fail to address these hazards, workers’ health can suffer.

What Are the Most Common Types of Workers’ Compensation Injuries in Wilmington?

Workers across many industries suffer similar types of injuries. The most common injuries include:

• Back and neck injuries ‒ These injuries can result from lifting, falls, or repetitive motions and often require extensive treatment.
• Repetitive stress injuries ‒ Conditions like carpal tunnel syndrome develop over time from performing the same movements.
• Slip and fall injuries ‒ Wet floors, uneven walking surfaces, and cluttered walkways lead to countless workplace falls each year.

What Should You Do If You Are Injured at Work?

After a workplace injury, take these steps to protect yourself:

• Report the injury to your employer immediately.
• Seek medical attention right away.
• Follow all of your doctor’s medical treatment instructions.
• Keep copies of medical records and any correspondence about your injury.
• Speak with a Wilmington, NC, workers’ compensation attorney about your options.

How Do You File for Workers’ Compensation in Wilmington?

To file a workers’ compensation claim, you must notify your employer in writing within 30 days of your injury. Your employer should then report the injury to their insurance carrier. You may need to complete Form 18, which is an employee’s official notice of accident. If your employer or their insurer issues a denial, you have the right to appeal. An attorney can help you gather evidence and present your case.

What Sort of Workers’ Comp Benefits Could You Be Entitled To?

Workers’ compensation may provide several types of benefits:

• Medical benefits ‒ These benefits provide coverage for doctor visits, surgeries, medications, and other necessary and related medical expenses.
• Rehabilitation benefits ‒ Workers’ comp insurance pays for any physical therapy or vocational training you need to recover or find new work.
• Disability benefits ‒ You may receive a portion of your regular wages while you are unable to work. These partial wage replacement payments reflect whether you qualify for temporary or permanent disability benefits for a total or partial disability.
• Death benefits ‒ Surviving spouses and dependent children may receive compensation if a worker dies from job-related causes.

How Long Can It Take to Start Receiving Benefits?

Your employer has 14 days from receiving your written notice to accept or deny your claim. If approved, you can expect to receive benefits within a few weeks. Delays can occur if disputes arise about your injury or its connection to work.

What Is Maximum Medical Improvement?

Maximum medical improvement (MMI) is the point when your medical provider determines that your condition has stabilized and is not likely to improve further with additional treatment. Reaching MMI does not mean you have fully healed. It simply means your recovery has plateaued. At this stage, your doctor may assign a disability rating that affects your ongoing benefits.

What Is the Deadline for Filing for Workers’ Comp in North Carolina?

You generally have two years from the date of your injury to file a workers’ compensation claim with the North Carolina Industrial Commission. Missing this deadline could mean losing your right to benefits entirely. For occupational diseases, the timeline may vary depending on when you first became aware of the condition and its connection to your job. An experienced lawyer can help meet your deadlines.

Contact a Wilmington, NC Workers’ Compensation Attorney

A skilled and experienced North Carolina workers’ comp attorney can give you the support and confidence you need to pursue the benefits you deserve after you suffer a work-related injury. When you work with The Law Offices of John Drew Warlick, P.A., you get a direct relationship with your lawyer at an established, full-service firm with extensive resources.

Our attorneys have served North Carolina families for three generations in workers’ compensation cases. We understand the unique needs of military personnel and civilian workers. Read what past clients say in our testimonials and contact us for a free consultation.