Raleigh Workers’ Compensation Lawyer

Raleigh Workers’ Compensation Lawyer | Wake County Workplace Injury Attorney

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Your Injury Shouldn’t Destroy Your Financial Security

One workplace accident changed everything. You’re hurt, you can’t work, and bills keep arriving. Your employer’s insurance company delays your benefits or denies your claim entirely. You worry about your family, your mortgage, and your future.

You need a Raleigh workers’ compensation attorney who fights insurance companies every day. Frickey Law Firm has recovered over $50 million for injured workers in North Carolina. We know how to navigate the NC Industrial Commission, prove your claim, and secure maximum benefits.

Workers’ compensation is your right under North Carolina law. Insurance companies count on injured workers not understanding the system. We level that playing field. Our Wake County workers’ compensation lawyers handle every aspect of your claim while you focus on healing.

Workers’ comp is part of our comprehensive personal injury practice in Raleigh. Whether your injury involves workplace accidents, third-party liability, or complex claims requiring multiple legal strategies, we provide the experienced representation you need.

What Is Workers’ Compensation in North Carolina?

North Carolina’s Workers’ Compensation Act (NCGS Chapter 97) protects employees injured on the job. This no-fault system provides benefits regardless of who caused the accident. You don’t need to prove your employer was negligent. You just need to prove your injury happened at work.

Most North Carolina employers with three or more employees must carry workers’ comp insurance. This includes construction companies, manufacturers, healthcare facilities, warehouses, retail stores, restaurants, and government agencies. If you’re injured at work, you likely qualify for benefits.

What You Must Prove for Workers’ Compensation

To receive benefits, you must establish four elements under North Carolina law:

• An injury or occupational disease occurred
• The injury happened by accident or developed from work conditions
• The injury arose out of your employment
• The injury occurred during the course and scope of employment

Pre-existing conditions that worsen due to work activities may qualify for benefits. A bad back that herniates while lifting at work is compensable. Arthritis aggravated by repetitive job duties can be covered. Special rules apply for occupational diseases and specific injury types.

Types of Workplace Injuries We Handle

Our firm represents injured workers across all industries in Wake County. We’ve handled thousands of workplace injury cases in Raleigh. No injury is too severe or too minor for our attention.

Construction and Industrial Accidents

Construction sites create constant danger for workers. Falls from scaffolding, ladders, and roofs cause severe injuries daily. Heavy machinery crushes limbs and breaks bones. Electrical work brings electrocution risks. We represent carpenters, electricians, plumbers, roofers, and laborers injured on the job.

Manufacturing and warehouse work presents similar hazards. Forklift accidents happen when operators lose control or workers get struck. Assembly line injuries develop from repetitive motions over years. Loading dock workers suffer back injuries lifting heavy boxes. Chemical exposure causes respiratory problems and burns.

Healthcare Worker Injuries

Nurses, nursing assistants, and healthcare workers face unique workplace dangers. Lifting and transferring patients causes chronic back injuries. Needlestick injuries create exposure to bloodborne diseases. Violent patient attacks lead to traumatic injuries. Working long shifts increases slip and fall risks.

WakeMed, Rex Hospital, and other Triangle healthcare facilities employ thousands of workers. These institutions fight workers’ comp claims aggressively despite causing the injuries. We protect healthcare workers’ rights to benefits they’ve earned.

Back and Spinal Injuries

Back injuries are the most common workplace injury we see. Herniated discs from lifting heavy objects. Chronic strain from repetitive bending and twisting. Spinal cord injuries from falls. These injuries can be permanently disabling.

North Carolina allows up to 300 weeks of permanent partial disability benefits for back injuries. Insurance companies fight these claims hard because of the potential cost. You need experienced representation to prove the severity of your injury.

Repetitive Stress and Overuse Injuries

Not all workplace injuries happen in one dramatic accident. Many develop gradually from job duties performed thousands of times. Carpal tunnel syndrome affects office workers, cashiers, and assembly line employees. Tendonitis develops in shoulders, elbows, and wrists from repetitive motions.

Insurance companies deny these claims frequently. They argue the injury isn’t work-related or developed from age rather than work. Medical evidence and testimony prove these injuries arose from employment. We build strong cases for repetitive stress claims.

Traumatic Brain Injuries and Concussions

Falls from height, struck-by accidents, and vehicle collisions cause traumatic brain injuries at work. Construction workers, warehouse employees, and delivery drivers face high TBI risks. Even “minor” concussions can cause lasting cognitive problems, memory loss, and personality changes.

Brain injury cases require specialized medical evidence and long-term care planning. These injuries often qualify for permanent total disability benefits when severe enough. We work with neurologists and rehabilitation specialists to document the full impact.

Occupational Diseases

Some illnesses develop from workplace exposures over months or years. Asbestosis and mesothelioma affect workers exposed to asbestos in older buildings. Silicosis damages lungs from construction dust exposure. Chemical plant workers develop respiratory diseases and cancers from toxic exposure.

NCGS 97-53 covers occupational diseases under special rules. The “last injurious exposure” rule determines which employer’s insurance pays. Proving causation requires medical expert testimony linking the disease to workplace exposure. These cases are complex but recoverable.

Workers’ Compensation Benefits Available in North Carolina

North Carolina’s workers’ comp system provides several types of benefits. Understanding what you’re entitled to helps you recognize when insurance companies shortchange you. Many injured workers accept far less than they deserve because they don’t know their rights.

Medical Compensation – Lifetime Coverage

Workers’ compensation covers all reasonable medical treatment related to your work injury. This includes emergency room visits, doctor appointments, surgery, hospital stays, physical therapy, prescriptions, medical equipment, and home healthcare. Medical benefits continue for life under North Carolina law.

Your employer’s insurance company initially chooses your treating doctor. However, you have the right to request a second opinion. You can petition the NC Industrial Commission for a change of physician if your current doctor isn’t providing adequate care.

The insurance company must pay mileage reimbursement for medical appointments. Keep detailed records of all trips to doctors, therapy sessions, and pharmacy visits. These costs add up and you’re entitled to reimbursement.

Temporary Total Disability Benefits

Temporary Total Disability (TTD) benefits pay for time you cannot work at all. You receive 66 2/3% of your average weekly wage up to the state maximum rate. These benefits continue until you reach maximum medical improvement or return to work.

North Carolina law imposes a seven-day waiting period for TTD benefits. If your disability lasts more than 21 days, you receive retroactive payment for those first seven days. Benefits are tax-free, so you take home the full amount.

TTD benefits can last up to 500 weeks. That’s nearly 10 years of wage replacement if your injury requires it. Insurance companies pressure workers to return too soon or accept settlements closing their claims. We protect your right to benefits throughout your recovery.

Temporary Partial Disability Benefits

Temporary Partial Disability (TPD) applies when you return to work with restrictions. Your doctor limits what you can lift, how long you can stand, or what activities you can perform. Your employer assigns you light duty paying less than your normal wage.

You receive 66 2/3% of the difference between your old wages and new wages. If you earned $800 weekly before injury and now earn $400 on light duty, you get 66 2/3% of that $400 difference. TPD benefits can last up to 500 weeks.

Insurance companies manipulate TPD situations. They arrange low-paying make-work jobs to reduce benefits. They claim light duty positions don’t exist when they do. We verify whether offered work is truly suitable and fairly compensated.

Permanent Partial Disability Benefits

Permanent Partial Disability (PPD) compensates for permanent impairment after you reach maximum medical improvement. A doctor assigns a disability rating based on your permanent limitations. North Carolina has a schedule listing how many weeks different body parts receive.

NCGS 97-31 provides these scheduled benefits:

• Back injuries: up to 300 weeks of compensation
• Arm injuries: 240 weeks per arm
• Leg injuries: 200 weeks per leg
• Hand injuries: 200 weeks per hand
• Foot injuries: 144 weeks per foot
• Eye injuries: 120 weeks per eye
• Hearing loss: 70 weeks per ear
• Finger/toe injuries: varying weeks based on specific digit

A 10% disability rating to your back means 30 weeks of benefits (300 weeks × 10%). A 25% rating to your hand means 50 weeks (200 weeks × 25%). These calculations significantly impact your compensation. We challenge low ratings that undervalue your impairment.

Permanent Total Disability Benefits

Permanent Total Disability (PTD) benefits apply to catastrophic injuries. You qualify if you’ve lost both hands, both arms, both legs, both feet, both eyes, or any combination of two. Severe brain injuries, complete paralysis, and total blindness also qualify.

PTD benefits pay 66 2/3% of your average weekly wage for 500 weeks. After 500 weeks, you can petition for lifetime benefits. These cases require approval from the Industrial Commission. Medical evidence must prove you cannot earn any wages in competitive employment.

Death Benefits for Families

When workplace accidents kill North Carolina workers, death benefits under NCGS 97-38 provide financial support for families. Surviving spouses receive 66 2/3% of the deceased worker’s average weekly wage until remarriage or death. Upon remarriage, the spouse receives two years’ benefits as a lump sum.

Dependent children receive benefits until age 18, or age 22 if enrolled full-time in school. Mentally or physically incapacitated children may receive lifetime benefits. The family also receives up to $10,000 for funeral and burial expenses.

These benefits can never replace your loved one. But they provide essential financial stability when families face both grief and economic hardship. We guide families through the claims process with compassion and efficiency.

Filing a Workers’ Compensation Claim in North Carolina

The workers’ comp claims process involves strict deadlines and specific procedures. Missing a deadline can cost you all benefits. Understanding the process helps you protect your rights from day one.

Report Your Injury Within 30 Days

NCGS 97-22 requires written notice to your employer within 30 days of injury. Tell your supervisor immediately when you’re hurt. Follow up with written notice describing what happened, when it happened, where it happened, and what body parts were injured.

Don’t let your employer convince you to wait and see if you feel better. Late reporting gives them grounds to deny your claim. They’ll argue the injury isn’t work-related or happened elsewhere. Report injuries immediately even if they seem minor initially.

Seek Medical Treatment Right Away

Your health comes first after any workplace injury. Seek emergency treatment for serious injuries. For other injuries, report to your employer and request authorization for medical care. Your employer’s insurance company will direct you to an approved doctor.

Never skip medical appointments or stop treatment because you feel better. Gaps in treatment let insurance companies argue your injury wasn’t serious. Follow all doctor’s orders and attend every scheduled appointment. Keep copies of all medical records for your claim.

File Form 18 With the Industrial Commission

You must file Form 18 (Notice of Accident to Employer and Claim of Employee) with the NC Industrial Commission. NCGS 97-24 sets a two-year statute of limitations from your injury date. This deadline is absolute unless you’re receiving benefits or medical treatment.

Form 18 begins the official claims process. The Commission assigns a claim number and notifies your employer’s insurance company. An adjuster investigates your claim and decides whether to accept or deny it. Having an attorney file your Form 18 shows you’re serious about pursuing benefits.

Claims Are Accepted, Denied, or Paid Without Prejudice

After investigating, the insurance company takes one of three actions. Form 60 (Admission of Liability) means they accept your claim. They’ll begin paying medical bills and disability benefits. This is the best outcome initially.

Form 61 (Denial of Claim) means they’re rejecting your claim. They’ll list reasons why they believe you’re not entitled to benefits. Don’t accept this decision. You have the right to request a hearing and challenge their denial.

Form 63 (Payment Without Prejudice) means they’re paying benefits temporarily while continuing to investigate. They reserve the right to deny your claim later. Consider this a yellow flag. Get an attorney involved before they stop payments.

When Your Workers’ Comp Claim Gets Denied

Insurance companies deny legitimate claims every day. They hope injured workers will give up without fighting. Never accept a denial without challenging it. Many denied claims become approved after proper legal representation.

Common Reasons Insurance Companies Deny Claims

Insurance adjusters use predictable tactics to deny valid claims. They’ll claim your injury was pre-existing even though work made it worse. They’ll argue the injury isn’t work-related despite occurring on the job. They’ll say you missed the 30-day reporting deadline even by a few days.

Other denial reasons include claiming you were intoxicated, accusing you of horseplay, disputing whether you’re an employee, or pointing to gaps in medical treatment. Each excuse has a legal response. We challenge these denials with medical evidence, witness statements, and strong legal arguments.

Request a Hearing With Form 33

Challenge claim denials by filing Form 33 (Request for Hearing) with the Industrial Commission. This triggers the formal dispute resolution process. Your case goes to mandatory mediation first. If mediation doesn’t resolve the dispute, you get a hearing before a Deputy Commissioner.

Time limits apply to Form 33 requests. Don’t wait months to challenge a denial. File promptly after receiving Form 61. The longer you wait, the harder it becomes to gather evidence and prove your case.

The Mediation and Hearing Process

The NC Industrial Commission requires mediation before hearings. A neutral mediator helps both sides discuss settlement. Many cases resolve at mediation when insurance companies face determined representation. Settlements reached in mediation often protect your rights better than quick offers made before filing.

If mediation fails, your case proceeds to a hearing before a Deputy Commissioner. This quasi-judicial proceeding resembles a trial. Both sides present evidence, testimony, and legal arguments. The Deputy Commissioner issues an Opinion and Award deciding whether you receive benefits.

You can appeal unfavorable decisions to the Full Commission. Three Commissioners review the record and can affirm, reverse, or modify the Deputy’s decision. Further appeals go to the NC Court of Appeals. We handle appeals at every level when necessary.

Fighting Common Insurance Company Tactics

Insurance companies protect their profits, not your health. They deploy standard tactics to minimize what they pay injured workers. Recognizing these tactics helps you avoid their traps.

Surveillance and Social Media Monitoring

Expect surveillance after filing a workers’ comp claim. Insurance companies hire investigators to videotape you in public. They monitor your social media accounts for photos showing physical activity. They’re looking for anything that contradicts your claimed limitations.

Live your life honestly within your restrictions. Don’t exaggerate limitations but don’t hide real pain either. Be careful what you post on Facebook, Instagram, and other platforms. Assume you’re being watched and act accordingly.

Independent Medical Examinations

Insurance companies schedule Independent Medical Examinations (IME) with doctors they pay repeatedly. These doctors often minimize injuries, give low disability ratings, and claim you’ve reached maximum medical improvement sooner than your treating doctors. The term “independent” is misleading.

You must attend IMEs but you don’t have to let biased doctors control your case. Your treating physician’s opinion typically carries more weight. We challenge unfair IME reports with medical evidence from doctors who actually treated you.

Lowball Settlement Offers

Quick settlement offers come before you understand your injury’s full impact. Insurance adjusters push lump sum settlements closing your claim forever. They emphasize the immediate cash while downplaying the lifetime medical benefits you’re giving up.

Never accept the first settlement offer without legal review. Calculate the true value of your claim including future medical treatment. Consider whether your injury will worsen over time. We negotiate settlements protecting your rights while securing fair compensation.

Benefit Terminations

Insurance companies issue Form 28 (Notice of Termination) stopping your benefits. They claim you reached maximum medical improvement, can return to full duty, or refused suitable employment. These terminations often happen when you’re still injured and unable to work.

Challenge benefit terminations immediately by requesting a hearing. Don’t assume the insurance company’s position is correct. Medical evidence often proves you still need benefits. We fight wrongful terminations and get benefits reinstated.

Settling Your Workers’ Compensation Claim

Many workers’ comp cases eventually settle through negotiated agreements. Understanding settlement options helps you make informed decisions about your future. Not every case should settle. Some benefit from ongoing medical coverage forever.

Clincher Agreements

A Clincher Agreement (Form 26A) provides full and final settlement of all benefits. You receive a lump sum payment in exchange for closing your claim. This includes medical benefits, so choose carefully. Once the Industrial Commission approves a clincher, you cannot reopen your claim.

Clinchers work well when your injury fully healed, your medical treatment finished, and you’ve returned to normal work. They make sense when you need capital for education, debt payoff, or business investment. They’re terrible when you still need ongoing medical care.

Protecting Future Medical Rights

Many settlements keep medical benefits open while resolving wage loss claims. This protects your right to future treatment as your injury evolves. Back injuries often require future surgery. Repetitive stress injuries need periodic care. Brain injuries create unpredictable long-term needs.

We structure settlements preserving essential medical coverage. You get compensation for disability while maintaining treatment access. This provides both financial security and health protection.

Medicare Set-Aside Considerations

Medicare beneficiaries need Medicare Set-Aside (MSA) allocations in settlements. These set aside funds for future medical expenses related to your work injury. Medicare won’t pay for work injury treatment if you received settlement money that should have covered it.

MSA calculations require specialized expertise. Funds must be administered properly with annual reporting. We work with MSA professionals ensuring your settlement complies with federal requirements while maximizing your net recovery.

Attorney Fees in Settlements

North Carolina workers’ comp attorneys work on contingency. You pay nothing upfront and nothing out of pocket. Attorney fees come from your settlement and require Industrial Commission approval. Standard fees are 25% of settlements or 33 1/3% of controverted amounts.

The Commission reviews all fee agreements ensuring they’re reasonable. Attorneys cannot charge fees on medical benefits. You receive every penny of medical compensation. Fees only apply to wage loss benefits and settlements.

Why Choose Frickey Law for Workers’ Compensation

Workplace injuries threaten everything you’ve worked to build. Your income disappears. Bills pile up. Insurance companies deny legitimate claims. You need a Raleigh workers’ compensation lawyer who fights for injured workers, not corporate interests.

Six Decades of Injury Advocacy

Frickey Law Firm has served injured North Carolina workers for over 60 years. We’ve recovered more than $50 million in compensation for clients. Our experience includes every type of workplace injury across all industries in Wake County.

NC Industrial Commission Experience

We practice regularly before the NC Industrial Commission in Raleigh. We know the Deputy Commissioners, the hearing procedures, and what evidence wins cases. We’ve handled hundreds of mediations and hearings. This experience translates to better outcomes for clients.

No Fee Unless We Recover Benefits

We work on contingency for all workers’ comp cases. You pay no upfront retainer. You pay no hourly fees. You pay nothing out of pocket. We only get paid if we recover compensation for you. This arrangement aligns our interests with yours completely.

Free Case Evaluation

We offer free confidential consultations for all workplace injury cases in Wake County. Meet with us to discuss your injury, understand your rights, and learn your options. We’ll review whether you qualify for benefits and explain the claims process.

Time matters in workers’ comp cases. The 30-day notice requirement and 2-year statute of limitations are strict. Evidence disappears. Witnesses forget details. Contact us immediately after any workplace injury.

We Handle Everything While You Heal

Recovering from a workplace injury requires full attention to your health. You shouldn’t spend that time fighting insurance companies, filling out forms, or navigating bureaucracy. We handle every aspect of your claim from filing through settlement.

We communicate with your doctors, gather medical records, coordinate treatment, attend hearings, negotiate with adjusters, and fight for maximum benefits. You focus on getting better. We focus on protecting your rights.

Get Help With Your Workers’ Compensation Claim Today

Your workplace injury deserves full compensation under North Carolina law. Insurance companies shouldn’t be allowed to deny legitimate claims or underpay injured workers. You have rights. We protect them.

Our Wake County workers’ compensation attorneys offer free case evaluations. We’ll review your injury, explain your rights, and outline your options. You’ll understand what benefits you deserve before making any decisions.

Call (919) 780-5808 now for immediate assistance. Our phones answer 24/7 because workplace injuries don’t wait for business hours. You can also request a confidential case review online.

Don’t fight insurance companies alone. Don’t accept denial without challenging it. Don’t settle for less than you deserve. Contact our Raleigh workers’ compensation lawyers today.

Frickey Law Firm PLLC represents injured workers throughout Wake County, including Raleigh, Cary, Apex, Wake Forest, Holly Springs, Fuquay-Varina, Garner, and Knightdale. We also serve clients in Durham, Johnston, Franklin, Harnett, Chatham, and Granville counties.