Serious injuries can wreak havoc on your life. Not only are you forced to deal with the day-to-day physical pain but you are also left to worry about who will pay your medical bills, and whether you can continue to earn a decent wage to take care of your family. For those hurt while on the job, the North Carolina workers’ compensation system provides a safety net. Assuming the prerequisites of a claim are met, the system provides for quick payment of medical expenses and recovery of disability benefits. Claims under the workers compensation system are often resolved with lump sum settlement agreements referred to as “clincher agreements.” The Apex workers’ compensation lawyers of Maginnis Law can assist you in negotiating a fair settlement and, if necessary, will aggressively litigate your comp claim.
Aside from payment of medical benefits, the most important aspect of the workers comp system is how it treats disabilities. Most employees recovering comp benefits will have some period of what’s called “temporary total disability.” This phrase describes the period of time where you are completely unable to work. Assuming you miss at least seven consecutive days of work, you are entitled to recover to recover up to 2/3 (66.6%) of your average weekly wage during the period of temporary total disability (“TTD”).
The second type of disability is “permanent partial disability.” For this type of disability, you must have your treating physician assign a “permanent partial disability rating.” This rating essentially says that some aspect of your body is permanent disabled. For example you may receive a 10% PPD rating for your left knee or a 25% PPD rating for your back. These ratings are used in conjunction with very specific works comp statutes to determine the amount of compensation to which you are entitled for the permanent injury.
Following a serious employment related injury you should also consider third-party liability, that is, whether someone other than your employer was negligent in causing your injuries and is, therefore, responsible. For example, if you are truck driver and are involved in a serious automobile collision while on the job, you are entitled to workers compensation benefits. However, if the collision was caused by another driver’s negligence, you are also entitled to file a claim against his or her automobile insurance policy. While the workers compensation provider may have a “lien” against your third-party recovery, you will be able to recover certain damages not available in the comp system, including physical and mental pain and suffering.
To speak an Apex workers compensation attorney, schedule a free consultation with Maginnis Law. Our firm handles all workers compensation cases on a contingency basis. This means that you do not pay attorneys’ fees unless we make a recovery on your behalf. Our firm handles cases throughout Wake County, including Apex and Holly Springs.
To speak with an Apex workers compensation attorney, call the attorneys of Maginnis Law at 919.480.8526. You may also submit a confidential email containing the details of your Apex or Holly Springs workers comp claim using our contact page.