Written by attorney James Kevan Minick

Do I Need A Lawyer For My Worker's Compensation Claim?

Worker’s Compensation claims can be difficult and complicated. Typically, legal claims involving bodily injury are handled through the civil court system. These legal claims follow the normal judicial process and are handled by judges in a courtroom. Worker’s Compensation law is enforced by the North Carolina Industrial Commission, a quasi-judicial branch that has been established by the State.

In North Carolina, Worker’s Compensation claims are heard through the North Carolina Industrial Commission. This commission has established its own procedures and rules, which have the authority of law. Worker’s Compensation is completely different from normal judicial proceedings; a personal injury attorney may not be experienced or qualified enough to handle your Worker’s Compensation claim.

Most Injuries Do Not Need a Lawyer

Most injuries in the workplace are not serious and can be easily dealt with. These injuries are generally witnessed and reported immediately, resulting in appropriate Worker’s Compensation medical care provided by the employer or their insurance company. In these situations, a lawyer is generally not needed.

When You Should Contact a Lawyer

However, in instances where the injury is serious or is not reported and witnessed, legal representation may be warranted. In these situations, the company will generally not approve medical care or will argue that the injury did not occur in the workplace. Generally, you should contact a lawyer if your injury:

  • Is severe enough to require surgery

  • Prevents you from working temporarily or permanently

  • Is deemed serious or hazardous to your health by a doctor

  • Is denied by your employer

In these situations, it is imperative to contact an experienced Worker’s Compensation attorney to represent you in your claim.

What a Worker's Compensation Attorney Can Do

A Worker’s Compensation attorney will provide valuable legal advice and guide you through the Worker’s Compensation process. A lawyer will also help you make sure you receive the medical help you need to heal as quickly as possible. A Worker’s Compensation lawyer will also fight for your claim to make sure you receive the benefits and compensation to which you are entitled. Having an experienced Worker’s Compensation lawyer will also help you avoid any potential problems or situations that may reduce your benefits or compensation

If you decide to retain a lawyer for your Worker’s Compensation claim, your lawyer’s fee will be paid on a contingent basis. In other words, the lawyer will not get paid until you get paid. Typically, the lawyer will receive 25% of the money that is obtained for you in a settlement.

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