Workers’ Compensation Lawyer Durham, NC | Free Consultation with Our Workers’ Compensation Attorneys
Talk to Our Experienced Workers' Compensation Attorneys in Durham, NC
A simple mistake could jeopardize your claim and cause you to lose your right to compensation. Talk to a workers' compensation lawyer in Durham, NC to find out how we can help you.
Experienced Durham Workers' Compensation Attorney
You Pay Nothing Unless We Win Your Case
If you are injured on the job, a workers’ compensation lawyer in Durham, NC can help you get the benefits you need to cover part of the expenses of medical treatment and lost wages. However, getting the workers' comp benefits that you are entitled to is not a simple task. The insurance company will look for any possible way to destroy your ability to have a legitimate workers' compensation case. Not to mention, a simple mistake could jeopardize your claim, and you may lose your right to compensation.
For both families and workers, a serious workplace injury can do more than just physical harm. After the initial reporting of a serious work injury, instead of focusing on your recovery, you may become distracted with feelings of frustration, anxiety, and uncertainty about the future. Who will provide for your loved ones? How are you going to pay your bills? What are your options? It can be extremely overwhelming to be thrown into a workers' compensation process so unfamiliar without any support while you’re trying to recover. Contact a Durham workers’ compensation attorney at Henson Fuerst today for a free consultation.
$15 Million
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Truck Accident
$240 Thousand
Workers' Compensation
A workers' comp attorney can help you
Over 150 years of combined experience
We have been serving accident victims since 1976. If you need a workers' compensation attorney in Durham, North Carolina, contact us today.
Our law firm is highly rated by our clients
You can expect to be treated like family and provided with honest and compassionate legal representation. We have helped thousands of injured workers just like you.
Our team is available 24 hours a day
Contact our Durham workers' compensation lawyer day or night to get help with your case. Henson Fuerst will to stand up for your rights.
"I had a work injury. The owner of the company did not have workers’ compensation insurance. I was afraid doctor bills wouldn’t get paid, so I retained this company. My employer also never offered a dime outside of doctor bills. Joey and Kim worked my case. They were so amazing and stuck with me every single step of the way. They put my mind at ease. If you are looking for reliable workers' compensation attorneys and paralegals who know all of the ins and outs of these cases, and work to get for you what you deserve, Joey and Kim are exactly what you need!"
Steve C.
Workers' Compensation
Frequently Asked Questions
How Long Do I Have To File a Workers’ Compensation Claim in North Carolina?
Employees should submit their claim within thirty days of the accident occurring. Unless the employer pays salary replacement compensation, injury by accident claims must be filed within two years after the date of injury. If the employer has covered the cost of medical care, the claim must be filed within two years after the last payment.
How Much Does Workers’ Compensation Pay?
It all depends on how much money you’re making at the time of the accident. According to state law, a worker in North Carolina is entitled to two-thirds of their average weekly salary each week. The average weekly pay can be calculated in a variety of ways by an insurance company. According to the law, the insurance company must look back one year from the date of the accident to determine how much the worker earned before taxes during that time. The average weekly pay is calculated by dividing that amount by 52 weeks. Then, the earned amount is divided by the number of weeks worked if a person worked less than 52 weeks.
What Injuries are Covered Under the Workers’ Compensation Act?
Workers’ compensation covers almost any physical injury sustained at work, as well as a variety of job-related illnesses. The most common injuries named in workers’ compensation claims include:
- Back injuries
- Head and neck injuries
- Broken bones
- Cuts, lacerations, and puncture wounds
- Strains and sprains from overexertion
- Crushed limbs
- Blindness
- Deafness
- Burns
- Soft tissue injuries
- Respiratory problems
- Repetitive motion injuries
- Toxic exposure
- Amputations
- Concussions
- Knee injuries
- Nerve damage
- Traumatic brain injuries
A prior ailment or condition will not qualify unless the employment requirements substantially worsened it.
What should I do after suffering a work injury?
Navigating the workers' compensation process can be challenging, especially if your case is complex. If you cannot work due to a work-related injury or illness, here are the steps to secure workers' compensation benefits.
Seek immediate medical attention
If your workplace has a designated healthcare provider, seek medical attention with that provider. If not, seek appropriate medical attention elsewhere. Communicate the name of your employer and how your accident happened to your healthcare provider. Your provider will use this information to bill your treatment as a workers’ compensation claim.
Follow your healthcare provider’s instructions
To increase your chances of regaining the level of health you had before your accident, always follow your healthcare provider’s instructions.
Report your injuries to your employer
As soon as possible, provide verbal and written notice to your highest-ranking manager or company owner about your injuries. North Carolina law requires that you report your injury to your employer within 30 days of your accident to be eligible for workers' comp benefits. Therefore, make sure to act swiftly and send a written notice of your injury to your employer within that timeframe. This notice should include a brief description of the accident and injury. If you’re unable to write a letter, have a family member or healthcare provider send one. Be sure to keep a copy for your records.
File with the North Carolina Industrial Commission (NCIC)
All employees who are injured on the job should submit a Form 18 to the NC Industrial Commission within two years of the date of the injury or illness. For asbestosis, silicosis, and byssinosis cases, an employee should file a Form 18B. If you have any questions about which forms to submit based on your specific circumstances, contact our Durham workers' compensation lawyers for assistance. You can call us at 919-781-1107 or submit a free case evaluation form online.
Related Workers' Compensation Stories
Our workers’ compensation attorneys are committed to keeping our community informed on the latest developments and trends in the laws governing workers’ compensation. Explore our recent blogs here:
We never charge a fee unless we obtain a recovery for you. If a recovery is not made, you pay us nothing.
What should I do if my claim for workers' compensation benefits is denied?
Your employers' insurance carrier will approve or deny your claim within two weeks of the date of your injury. If your claim is denied, you have the right to request a hearing before a deputy commissioner. To do so, you should file a Form 33 Request for Hearing with the NCIC.
After this, you must attend a mediation before sitting in front of the NCIC. If you and the insurance carrier cannot come to a resolution, your case will be scheduled for a hearing with the deputy commission. After this hearing, the deputy commission will provide its decision. If you're denied at this stage, you have the opportunity to appeal the decision within 15 days before the full commission. If the full commission denies your claim, your only recourse is to appeal the commission’s decision to the North Carolina Court of Appeals.
Common reasons workers’ compensation claims are denied in NC
Understanding why workers' compensation claims are denied is crucial for ensuring a successful outcome. Some common reasons for denial include:
- Lack of evidence – In some cases, an insurance carrier may argue that the injury or illness was not work-related, making proper documentation extremely important.
- Missed deadlines – Workers’ compensation law dictates how much time you have to file a claim or appeal a denied one. Failure to meet these deadlines can result in a denied claim with no further recourse.
- Inebriation from drugs or alcohol – Employees who are injured on the job while under the influence of drugs or alcohol may be barred from receiving workers' compensation benefits.
- Pre-existing condition – Insurers may deny a workers’ compensation claim if they think a pre-existing condition contributed to or caused the injury or illness. They may argue that the current injury is unrelated to your job and instead related to a previous injury.
- The injury or illness isn’t severe enough – The insurance carrier may argue that your injury or illness does not prohibit you from returning to your job in an attempt to deny your claim
- Failure to comply with medical treatment – If you do not attend scheduled medical appointments to improve your illness or injury, an insurance carrier may attempt to deny your claim by arguing that you are not taking the proper measures to better your condition and health.
Workers' Compensation Lawyers in Durham, NC that care about protecting your rights.
Insurance Companies Take Advantage of Injured, Desperate Workers When Workers' Comp Claims Are Filed
Once your employer’s insurance provider discovers you were injured at work, a claims adjuster will be assigned to your case before you even get a chance to start on the road to recovery. But beware, the insurance adjuster is employed by the insurance company, not by you. This means you can’t count on them to have you and your family’s best interests in mind. Chances are, they’re going to treat you as just another number in their system. Workers’ compensation adjusters have their own set of methods for investigating, defending, negotiating, and settling cases. It may feel as though no one is on your side and the insurance company is looking to catch you in a lie. At Henson Fuerst, our workers' comp lawyers believe in our clients. We’re on your side and will fight to get you back on the road to recovery and financial security.
You’re Not Just a Number. Your Workers' Comp Case Matters
When you’re battling the insurance company, you need someone to fight for you every step of the way to prevent your claim from being downplayed or denied so that you receive the right care. You deserve to be treated as a person, not a number. That’s precisely what you’ll get from Henson Fuerst. Our law firm knows the hurdles you’ll encounter in your pursuit for workers' compensation, and we’ll stand up against the insurance company to ensure that your rights are protected and that you obtain the benefits you are entitled to. We’ve seen the effects work injuries have on hardworking people. When you don’t feel like your voice is being heard, our attorneys will be your advocate. Whether you were injured in a workplace accident or developed a work-related illness, our Durham, NC workers’ compensation lawyers have the knowledge, resources, and expertise required to provide you and your family with the financial relief and stability of workers’ compensation benefits.
We have represented thousands of clients throughout North Carolina in our 45 years.
$240K Settlement
While stepping down from a truck, our client suffered a type of ankle fracture called a calcaneous avulsion fracture. His injuries required complicated surgery and aggressive physical therapy. The injury then triggered a complex regional pain syndrome. As a result of this serious medical condition, our client was unable to return to his job. The settlement for our client was fully collectible.
Meet our Durham Workers' Compensation Lawyer
Joseph S. Hodgin
For nearly twenty years Joseph has dedicated his career to representing the working men and women of North Carolina. He is well known and is routinely consulted with and has workers' comp cases referred to him by other attorneys across the state. Anything from common work injuries, including rotator cuff tears and carpal tunnel syndrome, to catastrophic work injuries, such as head trauma and spinal injuries, are all within his area of expertise in workers' compensation law. He also takes a special interest in representing our state’s first responders. He has represented and continues to represent EMS workers, police officers, and firefighters.