Asheville Workers’ Compensation Lawyer

Representing Workers Injured On The Job

If you suffer any injury while working, it is natural to wonder how to claim workers’ compensation benefits and what type of benefits may be available to you. North Carolina upholds strict laws requiring employers to have workers’ compensation insurance, and most employees are covered. However, filing a claim can be difficult without the help of an experienced Asheville workers’ compensation lawyer.

The attorneys at Ganly & Ramer, P.L.L.C., have extensive experience helping our clients throughout the Asheville area with their workers’ compensation claims. We have successfully assisted many past clients with their cases, exploring all the various avenues of compensation available to them after they have sustained injuries in their workplaces. We are confident that we can provide the legal representation you will need in your impending case.

Understanding Workers’ Compensation Benefits in North Carolina

The purpose of workers’ compensation insurance is to protect covered employers from civil liability for their injured workers’ damages after injuries occur in their workplaces and to provide financial relief to those injured workers, helping them recover. Under North Carolina law, employees who are injured on the job are entitled to receive a wide variety of benefits, including:

1. Any and all necessary medical treatment, including prescriptions
2. Weekly compensation to replace lost wages
3. Payment for their permanent injuries or disabilities
4. Payment for any significant loss of earnings or decrease in pay
5. Payment for mileage to and from the doctors
6. Payment for care provided by family members
7. Payment for retraining costs if you are not able to return to your job

These benefits and others are available through your employer’s workers’ compensation insurance policy. Although it is your right to file a claim, the process can be cumbersome, frustrating and time-consuming, with many initial claims taking many months for approval or being denied altogether because of minor details.

If you have suffered a workplace injury, it can be critical to your recovery that you secure the representation of an experienced and skilled workers’ compensation lawyer as soon as possible. Your legal team can help you understand the claim filing process, address unexpected issues you encounter as they arise, and ultimately help you maximize the benefits you obtain from your successful claim.

Let Us Answer Your Work Injury Questions

After an on-the-job injury, you are going to have questions and concerns. Our highly skilled workers’ compensation attorney at Ganly & Ramer, P.L.L.C., can provide you with the answers you need as you face the uncertainty that is a part of being injured on the job, and he can fight to ensure that you receive all your rights under the Workers’ Compensation Act. We understand that you will be in need of answers to questions like:

• What qualifies as a workers’ compensation claim?
• Will the medical treatment I need be covered?
• Can I select my own doctor?
• Can I lose my job if I file a claim?
• What are the options for benefits?
• What is the timeline for applying for and receiving benefits?
• Can I sue a third party responsible for causing the accident?
• What happens if I lost a loved one in a work-related accident?
• When will I be able to return to work — and what if I am unable to?
• Can I appeal a denied claim?

Every workers’ compensation claim is unique, but almost every injured worker will have important legal questions regarding their eligibility to file a claim, the benefits that could be available to them, and what to do if their employer and/or their employer’s insurance company do not handle the claim in good faith. Whatever your case entails, Ganly & Ramer, P.L.L.C., can provide comprehensive support through each stage of the case.

Did You Know?

Under North Carolina workers’ compensation law, a workplace injury does not necessarily have to result from a sudden accident. Daily job tasks that require repeated motions can result in repetitive stress injuries that may also qualify for benefits. If you are suffering pain that prevents you from working, report it to your supervisor, then call Ganly & Ramer, P.L.L.C., about getting the help you need for your workers’ compensation claim.

Many people who develop repetitive stress injuries are not aware that these conditions qualify for workers’ compensation benefits. As long as a claimant can prove that their injury, illness, or acquired condition directly resulted from their work, they are eligible to file a claim for benefits. If you are unsure how to prove this in your case, your Asheville workers’ compensation lawyer can provide the guidance you need in this challenging situation.

When it comes to determining eligibility, it is natural for a worker to wonder whether they still qualify for benefits if they caused their own injury. North Carolina handles workers’ compensation on a no-fault basis, so if you caused your injury, it will not necessarily disqualify you from claiming workers’ compensation benefits. However, if you were working under the influence of drugs or alcohol or engaged in horseplay, these factors could disqualify you.

Seeking Additional Recovery

Workers’ compensation insurance generally protects employers from civil lawsuits, meaning an injured employee cannot sue their employer in response to an injury at work. However, if an employer intentionally caused an injury, or if they do not have workers’ compensation insurance as required by North Carolina law, the injured worker would then have grounds to file a personal injury suit against the employer.

It is also possible for an injured employee to have grounds for a personal injury suit against a third party. If anyone outside of your work caused your injury, you could file your workers’ compensation claim since the injury happened at work, but you would also have grounds to pursue a separate civil claim against the at-fault third party. This could enable you to recover damages that workers’ compensation does not provide, such as pain and suffering compensation.

Offering Experience And Skill

Our lead attorney at Ganly & Ramer, P.L.L.C., Thomas Ramer, is proud to be AV Preeminent* peer-review rated for ethical standards and legal ability. He has more than 35 years of experience helping injured workers secure the maximum compensation for their injuries.

Our firm offers a recognized level of knowledge and skill to workers who have been injured anywhere in North Carolina, including on the work sites of major local employers such as:

• Mission Hospital
• Asheville City Schools
• Buncombe County Schools
• North Carolina Department of Corrections
• Arvin Meritor
• Continental Teves
• Pardee Hospital

We have the experience necessary to handle the most challenging workers’ compensation cases for our clients throughout the Asheville area. You can expect efficiency, responsive communication, and diligent attention to detail throughout all the proceedings you face after filing your workers’ compensation claim, and our goal will be to maximize your benefits in the shortest possible timeframe.

FAQs

Q: How Are Workers’ Compensation Benefits Calculated?

A: In North Carolina, workers’ compensation benefits are calculated based on the severity of a workplace injury and the injured claimant’s remaining functional capacity to work. The claimant’s prior year of earnings will also factor into their benefits calculations. The average injured claimant can usually expect full coverage of all medical expenses related to their injury and ongoing disability benefits that reflect their diminished earning capacity in recovery.

Q: How Long Do Disability Benefits Last From Workers’ Compensation?

A: The time that disability benefits from workers’ compensation will last will depend on the severity of the claimant’s injury and whether they will be able to return to work after recovery. Generally, the limit for weekly disability benefits payments is 500 weeks, but it is possible for a claimant to receive an extension under certain conditions. Your Asheville workers’ compensation lawyer can ensure your benefits determination suits the severity of your injury.

Q: Why Do I Need to Hire an Asheville Workers’ Compensation Lawyer?

A: You need to hire an Asheville workers’ compensation lawyer because you will be significantly more likely to win your case and maximize your total benefits with an experienced attorney representing you. They will not only make it easier for you to file your claim but also streamline the process, reducing the time it will take for you to receive your benefits. They will also be available to address any unexpected complications that arise with your claim.

Q: How Long Will It Take to Resolve My Workers’ Compensation Claim?

A: The time it could take to resolve your workers’ compensation claim will depend on several factors. Typically, if a claimant meets their reporting requirement on time and secures all necessary supplemental information they need to submit with their claim forms, they should receive a response within a few weeks. The statute of limitations for filing a workers’ compensation claim is two years following the date the injury occurred.

Q: What Will It Cost to Hire an Asheville Workers’ Compensation Lawyer?

A: The cost to hire an Asheville workers’ compensation lawyer will only be a fraction of your total case award if you choose Ganly & Ramer, P.L.L.C., to represent you. We take workers’ compensation cases on a contingency fee basis, meaning our client pays a percentage of their total settlement as our fee at the end of their case, but they only pay this contingency fee if we win their case.

Contact Us For A Free Consultation

Ganly & Ramer, P.L.L.C. in Asheville is an ally for injured workers in communities throughout North Carolina. Call us at 828-844-5274 or use our convenient email contact form to arrange a free consultation. We work on a contingency fee basis. You will not pay attorneys’ fees or case preparation costs if we cannot help you obtain workers’ compensation benefits.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards