Asheville Workers Compensation Lawyer

Workers Compensation Attorney in Asheville, NC

If you have been injured on the job, consulting with an Asheville workers’ compensation lawyer could be one of the most important decisions you make for your financial well-being. Getting hurt at work can leave you struggling with medical bills, lost income, and wondering when you can return to work. Workers’ compensation benefits are there to provide financial assistance while you recover, but the claims process can be overwhelming.

Hire a Workers’ Compensation Lawyer

Some claims are approved quickly, and workers receive the compensation they deserve. For these kinds of cases, many people find it helpful to seek out a workers’ compensation attorney. An attorney can help gather evidence regarding your injury and make sure you follow all of the necessary legal procedures. Your lawyer can also represent you during your hearing before the North Carolina Industrial Commission if your insurance company contests your claim.

At Butler, Quinn & Hochman, PLLC, we have been practicing law for over 10 years. Our firm has worked with countless individuals and families who need professional legal guidance in Asheville. We serve clients all over North Carolina and are familiar with the court systems that handle workplace injury cases.

We regularly represent clients in cases at the Buncombe County Courthouse, located at 60 Court Plaza in Asheville. Our lawyers are dedicated to protecting your rights, no matter what type of case you have.

North Carolina Workers Compensation Laws

North CarolinaWorkers’ compensation laws were put into place to protect the financial stability of employees who become injured or ill due to their job. In North Carolina, most employers are required to provide workers’ compensation insurance coverage if they employ three or more people. The specifics are laid out in North Carolina General Statute § 97-2.

If an employee is injured on the job, workers’ comp can provide benefits to pay for medical treatment, rehabilitation courses, and a portion of the employee’s salary. Additional compensation may be available if the injury results in the worker being unable to return to their previous position or causes permanent scarring or impairment.

Disability compensation is also governed by North Carolina General Statute § 97-29. Under this statute, injured workers who are unable to work due to their injuries can receive financial compensation in the form of wage replacement.

Workers’ compensation insurance companies can be more focused on saving money on claims than on helping you after a workplace injury. Insurance companies deny claims, delaying needed benefits, or argue about the severity of your injuries. An Asheville workers’ compensation attorney is essential to advocate for you and your claim.

Types of Compensation in a Workers Compensation Case

If your workers’ compensation claim is successful, you may be eligible for a number of benefits. These benefits can provide financial security while you recover from your injuries and cannot work. Workers’ comp benefits may include:

• Payment for medical treatment and rehabilitation
• Disability benefits to compensate you for lost wages
• Compensation for permanent injuries or disabilities
• Ability to switch to a different job if you cannot return to your old one
• Benefits for partial disability

Private companies reported 64,200 nonfatal occupational injuries and illnesses in North Carolina in 2024, according to the U.S. Bureau of Labor Statistics. Compared to the national average of 2.3, North Carolina’s injury and illness rate per 100 full-time workers in 2024 was 1.9.

Issues That Can Arise in Workers Compensation Cases

Workers’ compensation benefits allow injured employees to collect financial compensation from their employers. However, just because the insurance company is technically working for your employer does not mean that they will always have your greatest interest in mind.

An insurance company may challenge the legitimacy of your injury by arguing that it did not happen at work. They may also argue that you had the condition before you were hired or that you failed to follow proper procedures when reporting the injury. Most workers must inform their employer of a workplace injury within 30 days.

Disputes can also occur over recommended medical treatment, your disability rating, or your ability to return to work. If you encounter any of these issues during your claim, it may be beneficial to hire a workers’ compensation lawyer.

FAQs

How Long Can You Be on Workman’s Comp in North Carolina?

Employees who have been injured on the job in North Carolina can receive temporary disability benefits for up to 500 weeks if they qualify under the North Carolina Workers’ Compensation Act. Some cases may result in benefits ending prior to the 500-week ceiling if the employee returns to work or reaches full medical improvement. Benefits may also extend past 500 weeks in certain cases involving severe injury to the employee.

What Are the Three Basic Types of Workers’ Compensation Benefits?

There are three basic types of workers’ compensation benefits, including medical coverage, payments to replace lost wages, and disability compensation. Medical benefits allow injured employees to receive treatment for injuries related to the workplace accident. Wage replacement provides partial income if the employee is unable to complete their regular job functions. Disability can provide benefits to employees who experience permanent impairment or extended limitations due to their injury at work.

How Long Does an Employer Hold a Job for Someone on Workers’ Compensation?

Employers in North Carolina are not required to hold your job for you while you are out on workers’ compensation benefits. As this is an at-will employment state, your employer can replace you while you are out on workers’ comp if you are not able to return to work. Keep in mind that firing you for filing a workers’ comp claim is against the law, potentially violating anti-retaliation laws.

What Is the Coming and Going Rule in Workers’ Comp in NC?

The coming and going rule prevents workers’ compensation coverage for injuries sustained during commutes. North Carolina generally does not cover these injuries, as you are not working while traveling to your workplace. There are exceptions to this rule. For example, if you are traveling for work or running an errand for your employer, you may be covered under workers’ compensation.

Consult To Our Asheville Workers Compensation Lawyer

Suffering an injury on the job is a serious situation. At Butler, Quinn & Hochman, PLLC, we can help you pursue the compensation you may be entitled to. Contact us today for more information and to find out how our knowledge can help pursue the compensation you may be entitled to.

Asheville, NC Workers Compensation Resources

• Can Psychological Stress be Compensable Under Workers’ Comp?
• Can You Choose Your Own Doctor in a Workers’ Comp Case?