How A Good Lawyer Can Help to Protect Your Rights in The Workplace

Posted March 1, 2022 by in Career

If you have been injured in a workplace accident, it is important that you know your rights. You could be entitled to worker’s compensation benefits. If you think you are entitled to compensation, it is highly recommended that you contact a lawyer immediately. The process of claiming compensation can be long, overwhelming, and complicated, so the sooner you have a good lawyer on your side, the better. Let a worker’s comp attorney take the wheel, and support you in pursuing your benefits.

Crop of boot about to step on a banana peel

What is Worker’s Comp?

Worker’s compensation policies cover most injuries and disabilities caused by workplace accidents. Moreover, you can also be covered if you contract an occupational disease such as asbestosis, resulting in disability or any injury that causes long-term disability. You are entitled to gain worker’s compensation concerning long-term disability. You can visit for more information. If you are performing work-related activities, whether this is at your work location, or elsewhere, you can be covered by worker’s comp if an incident occurs that leaves you injured.

However, you may not be covered if you sustain an injury at work through engaging in horseplay, if you are intoxicated, or if you are injured traveling to or from work. Casual employees, independent contractors, commission-based sellers, among others may not be covered by worker’s compensation. 

Worker’s comp laws vary from state to state, but in North Carolina, for instance, employers are required to provide worker’s comp coverage if they have three or more regular employees. Common workplace injuries include over-exertion-related injuries, slips, trips and falls, machinery accidents, toxic exposure, electrical shock, and repetitive strain injuries.

What To Do Following The Accident

If you are injured in the workplace, or while performing work-related tasks, you should contact a worker’s compensation attorney and consult with them about your rights, and next steps. You should also document the scene by taking photographs and writing an incident report, as this will help to ensure your compensation claim is successful. Sometimes employers will resist your worker’s comp claim, so the more evidence and legal help you have, the better.

If your employer is making it hard for you to access your worker’s compensation, a good lawyer can help you obtain the full benefits you are entitled to. At Hardison & Cochran, personal injury lawyers in Greensboro, North Carolina, the worker’s compensation attorneys take the time to get to know you and build a personalized strategy for your unique situation. If you want the best possible outcome from your claim, you should contact a law firm devoted to representing injured people and consult with them as soon as you can following the accident. 

There are various types of worker’s comp benefits, such as medical benefits that pay the costs of medical bills for reasonable and necessary treatments you receive as a result of a workplace injury. There are also temporary partial disability benefits, temporary total disability benefits, permanent partial disability benefits, and permanent total disability benefits, depending on the severity and longevity of your injuries.

If a permanent disability prevents you from returning to work you may be entitled to vocational rehabilitation benefits which will cover the costs of education, training, and counseling to help you find suitable new employment. Finally, if you are killed in a work injury, your dependents may be entitled to death benefits. These include wage replacement benefits, at two-thirds of your average weekly income pre-injury, for up to 500 weeks. They could also be entitled to up to ten thousand dollars in burial expenses.

No-Fault Systems

Some worker’s comp systems, such as North Carolina’s, are no-fault. This means you do not need to prove that anyone was at fault for the accident to receive worker’s compensation benefits. In fact, in some instances, you can claim worker’s comp benefits even if you were at fault for your injuries or illness. 

“Exclusive Remedy”

In North Carolina worker’s compensation is seen as an “exclusive remedy”, which means that you cannot sue your employer after being injured at work if they provide worker’s compensation coverage. This is true even if your employer’s negligence or actions directly contributed to your injury, illness, or disability.

Returning To Work

When you are determined to have reached maximum medical improvement (MMI) by your doctor, you may be cleared to return to work. MMI means you have recovered as much as possible and your condition is unlikely to improve any further, even with continued treatment. 

If you are still partially disabled when you have reached MMI, you might have to take on a lighter-duty role that pays less than your previous job. In this case, you can receive ongoing partial-disability benefits that make up for the difference in your pay.

As you can see, worker’s compensation laws differ from state to state and can be a little complicated. The best thing you can do following a work-related injury is to contact a worker’s comp attorney and discuss your situation with them. A lawyer will be able to tell you if you are entitled to compensation and guide you through the process of claiming your benefits.