There are a number of requirements under North Carolina law you must meet before receiving compensation under the workers' compensation system. Our state expects for you to do certain things in order to retain your rights. This may include having a proactive plan in place to locate suitable employment at some point following your injuries.
It is important to have in your corner an experienced workers' compensation attorney who understands your rights and who can help you obtain the compensation you deserve. Ken Wayne & Associates, in Charlotte, has been helping North Carolina injured workers fight for their rights to obtain compensation since 1994.
A Proactive Plan To Locate Work
Under North Carolina law, when an injured employee refuses employment that is suitable to their capacity, they can lose the right to compensation. Therefore, workers seeking workers' compensation benefits may need to have in place a proactive plan to return to work. Such a plan requires careful documentation and preparation. Without an adequate plan in place, a denial of benefits can occur – even under circumstances where a refusal to return to work is justifiable.
Employers often contest workers' claims. Employers may make the claim that a worker is capable of returning to work, or the worker is wrongly using a past work-related injury to continue obtaining benefits.
The law regarding the obligation to return to work has gone through recent changes. Also, what the law says regarding seeking suitable employment is complex. Keeping accurate records is essential when it comes to meeting state obligations and receiving workers' compensation benefits. It is also important to have on your side representation to provide guidance regarding timelines and record-keeping requirements.
Trial Return To Work Period
Sometimes a worker is required to return to work for a trial period not exceeding nine months. When this trial period is up, a doctor may make a determination that the worker can successfully return to work. On the other hand, should the worker be unable to return to work the employer will need to resume paying benefits. The workers' compensation board will look closely at all medical documentation a worker provides in determining whether benefits should continue.
The lawyers at our firm have access to resources you can use in helping document your claim. Having tried thousands of these cases, we also understand what the workers' compensation boards are looking for when making a determination. We keep ourselves updated on continuing trends in this area of law. We understand how boards and courts interpret workers' compensation law, and we know how to protect your rights when making a claim.
Putting Experience On Your Side
Please do not leave your claim to chance. To contact the attorneys at Ken Wayne & Associates, please call us 704-899-5340 or toll free at 866-457-4690 to set up a free initial consultation.