Focused On Serving Your Needs
  1. Home
  2.  — 
  3. Personal Injury
  4.  — 
  5. Workers’ Compensation
  6.  — Workers’ Compensation FAQ

What You Need To Know About Workers’ Comp

If you were injured at work or while performing your work duties elsewhere, it is important to understand your rights to benefits. The following are common questions we hear at O’Malley Tunstall PLLC. If you have others, don’t hesitate to contact a workers’ compensation lawyer at our office locations in Raleigh or Tarboro.

What is workers’ compensation?

Workers’ compensation laws allow people who have been injured on the job (or while performing work duties elsewhere) to receive benefits without having to go to court.

What kinds of injuries are covered under workers’ compensation law?

All work-related injuries and illnesses are covered by workers’ compensation. However, if you have a preexisting condition that is unrelated to your work, it will not be covered unless your work duties made it worse or aggravated it.

My employer and I disagree about my workers’ compensation benefits. What can I do?

Workers’ compensation laws provide an opportunity for a hearing if you and your employer or your employer’s insurer cannot resolve a dispute. While it is not required, it is a good idea to be represented by an attorney at this hearing.

I was hurt at work, but it wasn’t my employer’s fault. Can I still get workers’ comp benefits?

Workers’ compensation law still applies, and a separate personal injury lawsuit may also be filed against the person or entity who is at fault.

If I return to work while I’m still collecting benefits, will they stop?

You may be able to continue receiving workers’ comp benefits after a return to work in certain circumstances. If you are paid the same or more than what you were making previously, then it is likely that benefits will be stopped. If you’re making less money, however, you may continue to receive wage loss benefits.

I was injured on my way to work. Would that be a workers’ compensation claim?

Getting to and from work may not be covered; however, there are specific exceptions to the “going and coming” rule that may result in applicability of workers’ compensation.

Do I need a lawyer for my workers’ comp case?

You have a right to have a lawyer help you at any stage of your workers’ compensation claim process. This is a right that no one can take away. Not only will an attorney from O'Malley Tunstall guide you through the process and represent you at any hearings, but we will also fight to get you all the benefits you deserve. Call us at 855-975-2625 with any additional questions. You may also contact us online.

* -->