FAQ: How Do Worker’s Compensations Work?
By Raleigh + Durham Worker’s Compensation Attorneys at Hyland + Padilla, PLLC
Hi, I’m Andrea Fowler, and I’m an attorney here with Hyland & Padilla. Today I want to go over a question about worker’s compensation law. A lot of people who have an accident at work have never experienced this, and they want to know: “How do worker’s compensations generally work?” Generally, what happens is if you have an accident or something unusual happens that causes you to get injured at work. Now, there are a few sections to those, but we will get into those later. You have an accident at work, and you report it to your employer, and what they should do is then report it to their worker’s compensation carrier and/or send you to the doctor immediately if you require medical treatment. Once the claim process is started, one of two things will happen: either worker’s compensation insurance will investigate your claim, and decided that they’re going to accept it which means that a bunch of benefits that are under the Worker’s Compensation Act will be available to you including paying for and directing your medical treatment, and paying for your time out of work if you miss over a certain amount of days.
Generally, what they pay is 2/3 of what we call your average weekly wage, and then there is even a third benefit that would be available to you towards the end of your case which is based on permanent injury ratings that the doctor may give you. That was the option one of how your cases could go. Option number two is that they could potentially do their investigation decide to deny your case.
If they deny your case, it is really important to contact an attorney immediately as in the sooner we can get involved, the easier it is for us to find witnesses and evidence to help you prove your claim. All you would have to do is call Hyland & Padilla at 919-419-9933, and we would be able to set up a free consultation to tell you how we think we can proceed forward, and bring your claim to a hearing in front of the Industrial Commission which is the court that hears worker’s compensation cases.
If you need assistance with your worker’s compensation claim, or the insurance company is denying a claim you feel should be covered, give Hyland + Padilla a call today to discuss your situation with one of our Raleigh + Durham worker’s compensation attorneys.