Nurses Face Some Unique Risks at Work

Workplace injuries are never planned, and they can happen even when you are doing your best to stay safe. But what happens if you cause the injury yourself? Is workers' compensation available to you in North Carolina if the injury was your fault? more The short answer is, sometimes. In this blog post, we will break down what you need to know about workers' comp claims in North Carolina, especially if you were the one responsible for the accident. Understanding your rights and the laws surrounding workers' compensation can save you time, money, and a lot of stress during a challenging period. Understanding North Carolina Workers' Compensation Laws Workers' compensation in North Carolina is designed to provide benefits to employees who are injured on the job. These benefits typically include medical expenses, lost wages, and rehabilitation costs. Importantly, workers’ comp is a no-fault system, meaning that it’s generally available regardless of who caused the injury. However, there are some exceptions, and it’s essential to know how these rules apply if you were responsible for your own accident. No-Fault Workers’ Compensation North Carolina’s workers’ compensation laws, governed by Chapter 97 of the North Carolina General Statutes, establish a no-fault system. This means that, in most cases, you don’t have to prove that your employer was negligent in order to receive benefits. Whether the injury occurred due to your own fault, a co-worker’s mistake, or the employer’s actions, you are typically still eligible for compensation. What Happens If You Are At Fault for Your Injury? If you caused your injury, whether through a mistake or due to your own actions, you’re still eligible for workers' compensation benefits as long as you weren’t engaging in behavior that violates company policy or state laws. For example, if you were intoxicated at the time of the injury, you might be denied workers' compensation benefits. But, if the injury occurred while performing normal work duties, even if your actions contributed to the injury, workers' compensation should still cover your expenses. Exceptions That Could Impact Your Workers' Comp Claim While North Carolina’s workers’ comp system is largely no-fault, there are certain exceptions that could impact your ability to collect benefits if you were responsible for the injury. These include: 1. Intoxication or Illegal Activity If you were under the influence of alcohol or drugs (including prescription drugs that impair your ability to work) and caused the injury, you may be denied workers' compensation. Workers' comp claims are generally denied if the employee is intoxicated or participating in illegal activities at the time of the injury. 2. Intentional Harm If you intentionally hurt yourself or engaged in reckless behavior that directly led to your injury, your claim could be denied. Workers' compensation benefits are not available for injuries that result from intentional self-harm or extreme disregard for safety. 3. Violation of Workplace Rules In cases where your injury results from breaking workplace safety rules, your employer may be able to contest your claim. For instance, if you ignored proper safety procedures or were performing a task you were not authorized to do, the claim might be challenged, even if the injury occurred at work. How to Protect Your Workers' Comp Case if You Think It’s Your Fault If you caused your injury but are still unsure if you're eligible for workers' comp, here are some steps to protect your claim: 1. Report the Injury Immediately Always report any workplace injury to your employer immediately. Delaying your report could result in complications in filing your claim. Be honest about what happened, as transparency can help your attorney defend your case if necessary. 2. Seek Medical Treatment Right Away Even if you think your injury is minor, always seek medical attention right away. This not only ensures that your injuries are properly documented, but it also strengthens your case by providing proof that the injury occurred at work. 3. Consult with a Wilmington Workers Compensation Attorney A Wilmington workers compensation attorney can help navigate the complexities of your case and ensure you get the compensation you deserve, even if the injury was your fault. A skilled attorney can help you understand whether any exceptions apply to your situation and advise you on the best course of action. Common Questions About Workers' Comp and Fault 1. Can I get workers’ comp if I was partially at fault for my injury? Yes. North Carolina workers’ compensation is a no-fault system, so even if you were partially at fault for your injury, you can still receive benefits unless there are mitigating factors like intoxication or intentional harm. 2. What if I was drinking at work when the injury happened? If you were drinking at work or were intoxicated, workers' compensation benefits may be denied. North Carolina law generally excludes coverage for injuries that happen while the employee is under the influence of alcohol or drugs. 3. Do I need to hire a workers’ comp attorney if I was at fault? While it’s not always necessary, hiring a Wilmington workers compensation attorney can help ensure that you receive the maximum benefits available. If your case involves any potential exceptions (like intoxication or rule violations), having legal representation can make all the difference in ensuring a favorable outcome. Take the First Step in Protecting Your Rights Suffering an injury at work can be overwhelming, especially if you think the injury might have been your fault. However, in most cases, North Carolina’s workers comp system will cover your medical bills and lost wages, regardless of fault. If you are unsure about your eligibility, it's essential to speak with a Wilmington workers compensation attorney who can help guide you through the process and protect your rights. Don’t let uncertainty hold you back— contact David & Associates today for a free consultation and get the legal help you deserve.

When you file a workers’ compensation claim, you go through insurance companies. Insurance companies focus on profits instead of people, especially when it requires them to pay out large amounts of money to settle your injury claim. Because insurance companies focus heavily on protecting profits, they often deny claims when they shouldn’t. Unfortunately, so many claimants look at claim denial and consider it the final word. Before you accept the denial, know that you can file an appeal to seek the outcome you deserve. Get a Lawyer to Help You Before you attempt another go at your claim, be sure to speak with a lawyer about your options. In many situations, a denial occurs because of minor errors within the paperwork. A lawyer can help you prepare your documentation correctly and accurately, using extensive evidence to help improve your case. If the insurance company attempts to use devious tactics against you to try and deny your claim, a lawyer can help combat them. Working with legal counsel helps safeguard your rights while putting together the necessary evidence to improve your chances of obtaining a more favorable result. Claim Denials Can Be Cause for Concern – Don’t Panic If you receive a denial from the insurance company, it’s easy to lose hope in your claim. Before you do, though, don’t panic. You can discuss the details of your case with a lawyer and learn the most effective ways to move forward favorably. You should also avoid accepting low settlements from insurance adjusters who are not looking out for your best interests. At David & Associates, Attorneys at Law, PLLC, we know you have needs after a workplace injury. You never want to go through any concerning issue alone. Our Wilmington workers’ compensation attorneys are here to help guide you through the entire process, helping you understand your rights and pursuing the compensation you deserve. Call our firm today at 910-251-8088 and get the representation you need!

Losing any amount of income can threaten your financial stability. After a workplace injury, you may not know where your income will come from, but you have options. While you may obtain workers’ compensation benefits, the situation becomes a bit more complicated when you recover from your injury and can return to work. In some cases, you can work again, but you may have restrictions. As a result, your employer may lower your wage based on your new position. This difference is often a cause of concern for many workers, but it’s crucial to recognize your options. Call our firm at 910-251-8088 today. Partial Disability Benefits In North Carolina, workers have the legal right to pursue partial disability benefits through workers’ compensation. Benefits can cover partial disability benefits permanently or temporarily, depending on your injury’s severity. Here’s how partial disability benefits work: Temporary partial disability (TPD): An injured worker may recover temporary partial disability benefits if they can return to work at a reduced wage. Partial benefits only last a specific number of weeks. The claimant may recover two-thirds of the difference between their previous wage and their new income. Permanent partial disability (PPD): An injured worker may recover permanent partial disability benefits if they reach Maximum Medical Improvement and still cannot return to their previous position at a full wage. Each body part is assigned a scheduled rating that determines how much a person may recover and how many weeks they may receive benefits. Working with a Wilmington Workers’ Comp Lawyer At David & Associates, Attorneys at Law, PLLC, we’re well aware that workplace injuries are often devastating. They cause emotional, physical, and financial impairments for which you can never prepare. Our Wilmington workers’ compensation attorneys are ready to stand by your side. We’ll work to help you understand your rights, file a claim on your behalf, and pursue the benefits you deserve. Trust that we know how to handle these cases, and we’ll work hard when you need us most. For a free consultation, call our firm today at 910-251-8088.