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Disability Benefits for Worker’s Compensation - Part 1

Getting hurt at work means a great many things. Sometimes you are able to quickly get the issue resolved and be back within a few hours. Other times, you are not quite so lucky. Being hurt on the job can have severe, life altering effects. Unfortunately, sometimes this means that you will have some form of disability, either temporary or permanent. When disabilities occur due to a work related injury, the law has specific guidelines regarding what you are entitled to. Here is a brief overview of what you can expect if you have been disabled due to an injury you have sustained at work.

Temporary total disability is what is paid out to you if you cannot return to work for an extended period of time. Before you are able to receive temporary total disability, there is a seven day waiting period that must be observed in which you cannot work. While these days do not have to be consecutive, it should be noted that any amount of a day that is missed counts towards this seven day time frame. You will not receive compensation for these first seven days unless your disability lasts for at least twenty one days. If this occurs, then you will be paid for the first week as well.

The compensation for this disability in the state of North Carolina is two thirds of the employee’s average weekly salary. Unless stated otherwise, this will be paid out in weekly increments and will continue until the injured person is able to return to work without restrictions or until the employer is able to prove that the employee is no longer disabled. This can continue for up to 500 weeks with the possibility of extension under certain circumstances.

Temporary partial disability is also a possibility in a worker’s compensation case. This occurs when someone returns to work, but at reduced pay. There is also a seven day waiting period for this, and it may continue for up to 500 weeks. Any payment made will be two thirds of the difference between the current weekly salary and the salary earned prior to the incident.

These are not the only possible categories your worker’s compensation claim may fall under. Soon, we will cover total disability for your benefit. Call Collier today with any questions regarding your worker’s compensation claim.

Caring for Yourself After a Work Related Injury

Getting hurt at work can certainly throw a wrench into your daily workings. Often, these injuries are severe and may be life changing permanently. While your employer and their attorneys may make it seem like the most important thing after the injury is getting you back to work, this isn’t the case. While getting back to your job is naturally something that will be important and something you should work towards, the most important thing is for you to get healthy and back to your old self again.

The biggest thing for you to focus on once you have been hurt at work is to take care of yourself. This means that despite what anyone at work says, you need to follow your doctor’s orders to the last letter. Make sure that your employer knows about any work restrictions that your physician has placed you under and ensure that they will be taken care of. If you are not accommodated, keep a list of things that you have been told to do, or do without, for your attorney to help you with. If you push yourself to continue your job as your employer demands against your doctor’s suggestions, it may not only harm your case for workers compensation, but it may mean that you do lasting or permanent damage to the injured body part.

Even if you feel up to doing something after a certain amount of time, be sure to get your doctor’s clearance before attempting it. Sometimes our bodies, or pain medication, can fool us into thinking that we have healed better than we really have. Your doctor will always know best how to get you back to your pre-injury form. Make sure that before attempting anything new, you speak to your doctor first. Again, you may injure yourself further or harm your chances of collecting full compensation due to pushing yourself to get better quicker.

Although it can be infuriating, patience is the most important thing when trying to heal from a work related injury. Always take things at the pace agreed upon by you and your doctor. Call Collier today and receive a free consultation about your workers compensation claim. Remember, your health is what matters the most to all of us.

I Was Hurt At Work – Should I Quit? - Workers' Comp

Unfortunately, this is a question that many of us hear when talking about worker’s compensation. Even some people in my family have had this reaction after being harmed at work. The cause for this thought is normally the reluctance of an employer to accommodate any injuries which have been sustained. This may be something like a period of mandated rest, a lightened work load, or even something simple like a stool or chair for an employee that needs to stand often, such as a cashier. While we do not want to give the impression that every employer will be cruel or unmoving in regards to injuries, it happens enough that the situation does merit being mentioned.

In a case of worker’s compensation, it may seem as if your employer is doing all they can to tear you down. This may include things like giving you tasks which are generally outside your work description that may be seen as demeaning or embarrassing. Perhaps they will consistently mention how you are no longer “pulling your own weight” with the company. In severe cases, they may even bring your co-workers into the situation either in words or by allowing snide remarks and reactions and overlooking any abuse which may be inflicted.

As upsetting as these actions may be, you should never quit your job if you have been harmed at work. Always be sure to document these negative occurrences in as much detail as possible and bring them up to your attorney. In most states, North Carolina included, an employer cannot fire someone because they have been injured on the job. By creating these unsavory work conditions, some employers may be attempting to gloat you into quitting which will then harm your chances of a full worker’s compensation pay out.

Although it may be truly upsetting or mentally harmful, you should always remember to make notes of these actions. Just as your action of quitting may harm your chances of getting a full compensation claim, the revelation of your employer’s transgressions may bring justice upon them. Perhaps there will even be ways to help prevent this from happening to another injured worker under the same person. Call Collier today for a free consultation regarding your claim, and be sure to let us know how your employer is handling your health.

Workers' Comp - Do I Need to Take the Blame?

Getting hurt on the job is something that can be terrifying and stressful beyond belief. Not only are you worried about trying to get yourself back to being healthy and able to do all the things you could prior, but medical bills can pile up and you are out of work. This is why worker’s compensation is something that is so invaluable to anyone who is working for any amount of time in any type of profession. One question that often comes up when we consult is “Does it matter if it was my fault?” or “Do I need to prove it wasn’t my fault to get compensation?” One of the wonderful things about worker’s comp is that it doesn’t really matter.

Worker’s compensation has long been established as a “no fault” ruling. This means that it does not matter who, if anyone, was at fault in your injury. Legislators have come to realize that the blame has little to do with these cases, and many times they can be argued in circles until both parties are cast as guilty. Due to these facts, it has been decided that despite what may have occurred, you still need to receive compensation if you have been harmed while performing your job duties. Despite what differences there may be from state to state in worker’s compensation laws, this is one thing that does not change nationwide.

Here at Collier, we want you to know that the law doesn’t care if the injury was your fault and neither do we. Accidents happen and sometimes the result can be life changing. You need someone who will be on your side one hundred percent, and you can rest assured that we would be proud to be those people. No matter what has occurred, we want you to know that you can rely on us to help you fight and get everything that you deserve from your worker’s compensation claim. We refuse to play the “blame game” when it comes to your health, especially when it is something as pressing as an injury that keeps you out of work. Call us today for a free consultation and see just how much we can do for you.

Preexisting Conditions and Workers Compensation

Getting hurt on the job is not only confusing and stressful, but it can also be extremely infuriating. While your employer and those around you are most likely supportive of your current plight, not everyone has the same view. In fact, for many people it is in their best interest to prolong any payment and treatment as long as possible. This can be legally accomplished by quite a few different courses of action. Unfortunately, all of them are damaging to you. One of the easiest ways to do this is through a claim of a preexisting condition.

Insurance companies never want to pay out money to you. If you’ve ever been in a car accident, you know exactly what I’m talking about. Insurance companies, while extremely necessary, can certainly drag their feet about paying out claims. While this is an inconvenience at best, it can be absolutely crippling at worst. If you have been hurt on the job and need to pay medical bills, not hearing anything from your worker’s compensation claim can make you want to pull your hair out. Getting hurt in America is not a cheap activity, and having payment be withheld can seriously impact you and your family. Medical bills generally do not like being kept on a shelf and falling behind on the payments because you are unable to work is almost impossible to avoid. Often, by claiming a preexisting condition an insurance company can postpone payment until a much later date.

This is much more common if you are an older employee or if you have previously gone for medical attention on a similar claim. Another thing that can catch the attention of insurance companies is if you have been diagnosed with a chronic illness. Even if it can be proven beyond a shadow of a doubt that the injury you have sustained was a direct result from a claim which is legitimate, your compensation may be lessened due to the lawyers whom the insurance company is using. This is one of the main reasons you always want to be sure to hire your own lawyer in the case of a worker’s compensation claim. Collier Law has special experience working on both sides of the claims and so will always be your best bet for winning as much money as possible. Call today for your free consulation.

Collier Law Workers' Comp serving the following areas:Gastonia, Dallas, Hardins, Ashebrook Park, Lincolnton, Brookford, Hickory, Granite Falls, and Lenoir.