Frequently Asked Questions about Workers' Compensation
Q: What is workers' compensation?
A: To take the uncertainty out of the circumstances following a work-related injury or industrial illness, the workers’ compensation system provides a reliable procedure for resolving resulting problems. Broadly, if the injury occurs in the course of employment, regardless of whether the employer was negligent or otherwise at fault, the worker receives benefits that may include wage replacement, medical coverage, vocational rehabilitation or other assistance. The employee is not allowed to sue the employer for the injury and the employer must carry insurance or otherwise legally provide a means to cover workers’ compensation expenses. Most employers are subject to the workers' compensation system, but some states exempt smaller employers, and most federal workers and certain national industries are covered instead by comparable federal programs.
Q: What types of injuries or diseases are covered?
A: Virtually all types of work-related physical injury and industrial illness are covered by workers’ compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
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Workers' compensation was invented in Germany in the 1800's. It took the U.S. many years to offer similar protection to workers. Make sure you receive just compensation by consulting with a qualified workers' compensation attorney.
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Workers Compensation Claim Lawyers
"Attorneys Seeking Solutions"
DeVore, Acton & Stafford, P.A.
Knowledge · Experience · A Record of Results
When a worker is injured on the job, the law mandates that an employer's workers' compensation insurer be responsible for the care and compensation of that employee. A workers' compensation claim is not a lawsuit against an employer. Rather, it is an insurance claim for what is rightfully due to the injured employee. Unfortunately, filing a successful workers' compensation claim can be complicated and bewildering. An experienced workers' compensation claim attorney is a valuable ally. Legal representation may mean the difference between receiving benefits and having them unjustly denied.
The Charlotte law firm of DeVore, Acton & Stafford, P.A., assists people who are seeking workers' compensation benefits in North Carolina. North Carolina Workers' Compensation claim attorney William D. Acton, Jr. is a Board Certified Specialist in workers' compensation according to the criteria set forth by the North Carolina State Board of Legal Specialization. Workers' compensation insurers understand that DeVore, Acton & Stafford, P.A., is willing to take cases to the end for the sake of justice for a worker injured on the job.
The following background information on worker's compensation is general in nature. It is not intended to address your particular concerns regarding your workplace injury. To schedule a personal consultation with an experienced North Carolina worker's compensation claim lawyer, contact DeVore, Acton & Stafford, P.A.
Workers' Compensation - An Overview
US employers and their employees rely on our dependable workers' compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers' compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families even when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, an experienced and skilled workers' compensation lawyer from our firm can assess your potential workers' compensation claim.
History and Origin
The idea of workers' compensation has its origins in Germany in the early 1800s. The industrial revolution brought dangerous new workplaces into existence such as railroads, factories and mines with accompanying increases in injuries, deaths and new work-related diseases. Social and political sympathy for the common worker grew and led to the enactment of early workers' compensation legislation.
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Employer Retaliation against the Workers' Compensation Claimant
Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.
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Workers' Compensation Death Benefits
In addition to workers' compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states' workers' compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a knowledgeable workers' compensation attorney can advise you about workers' compensation death benefits.
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Rather than Collecting Workers' Compensation, May I Bring a Lawsuit Against My Employer?
Workers' compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers' compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers' compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers' compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.
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What Are the Vocational Rehabilitation Rights of Injured Workers?
Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.
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Workers' Compensation Resource Links
AFL-CIO
Federation of 54 labor unions provides information on workers' compensation and links to information on occupational health and workers' rights.
Bureau of Labor Statistics (BLS)
Provides statistics and articles on injuries, illnesses and fatalities in the workplace from the federal government's labor statistics agency.
Job Accommodation Network (JAN)
A free consulting service for workers with disabilities and their employers from the US Department of Labor that provides information about job accommodations, the Americans with Disabilities Act (ADA) and the employability of people with disabilities.
Legal Information Institute
Overview of workers' compensation law from Cornell Law School.
National Institute for Occupational Safety and Health (NIOSH)
Provides comprehensive information on workplace injuries from a division of the Centers for Disease Control and Prevention (CDC).
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DeVore, Acton & Stafford, P.A., represents people who have been injured through the negligence of others, employees seeking workers' compensation benefits, persons with construction-related issues, people and companies who are engaged in contracts disputes, and landowners whose property is threatened with condemnation in the area of Charlotte, North Carolina, including the communities of Gastonia, Kannapolis, Concord, Hickory, Statesville, Monroe, Newton, Lake Norman, Mooresville, Huntersville, Matthews, and Cornelius.
Serving all of North Carolina, but especially Mecklenburg County, Cabarrus County, Gaston County, Iredell County, Richmond County, Union County, Cleveland County, and Catawba County in both North Carolina state and federal courts at the trial and appellate level.
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