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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. 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 Raleigh or Taraboro office location.

What is workers’ compensation?

Workers’ compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit.

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

Almost any kind of work-related injury or disease is covered by workers’ compensation. An injury or condition unrelated to your work will not qualify, unless it was aggravated or made worse on the job.

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 injured on the job, but the injury was caused by someone other than my employer. What are my rights?

You may still have the right to receive workers’ compensation benefits. In addition, you may be able to bring a separate lawsuit against the party who caused your injuries.

If I am getting workers’ compensation benefits, but return to work, do I still get benefits?

The answer to this question is “maybe.” If returning to work enables the employee to receive wages equal to or greater than he or she was earning before the injury, then it is likely benefits will be stopped. If, however, the employee is still experiencing a wage loss due to the on-the-job injury, he or she 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 an attorney?

You have the right to be represented by an attorney of your choice concerning your work-related injury. Your attorney will assist you in seeing that your benefits are properly protected. Call us at 855-975-2625 with your questions. You may also contact us online.

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