David G. Schiller represents North Carolina employees in a wide range of employment law cases including workers’ compensation. Mr. Schiller’s comprehensive knowledge of employment law gives him a complete perspective of on-the-job injury claims.
Mr. Schiller takes workers’ compensation cases on a contingent fee basis, meaning that your initial consultation is free and we do not charge any fees unless you receive compensation for your injuries. Even then, the settlement and our fees must be approved by the North Carolina Industrial Commission under the Workers’ Compensation Act.
The Workers’ Compensation Act is the law that governs most on the job accidents and occupational diseases. The Industrial Commission is the state agency (essentially the “court”) that hears and decides workers’ compensation cases.
Workers’ compensation is a no-fault system. The primary question is not whether or not the employer’s negligence caused the injury. Rather, in order to recover benefits, the employee must prove: (1) there was an injury by accident, (2) the injury arose out of employment, and (3) that the injury was sustained in the course of employment.
Often, injured workers have additional legal claims, and Mr. Schiller provide legal guidance for these issues as well.
- In cases in which the injured worker has a disability insurance policy through a private insurance company, there may be an ERISA claim.
- The injured employee may be concerned about being fired while out of work and recovering from an on the job injury. The Family and Medical Leave Act (FMLA) may protect the injured worker from being terminated.
- In cases in which the employee fears that the employer will retaliate against him or her due to the work injury, the Retaliatory Employment Discrimination Act (REDA) often provides protection from being dismissed from employment.
- Employees who suffer from a long term disability may be eligible for Social Security Disability benefits. Employees have both workers’ compensation and social security claims should be aware that there are rules regarding the settlement of the workers’ compensation claim that may have an adverse impact on the claim for Social Security disability benefits.
What are my responsibilities as an employee?
- The employee must report the accident to the employer immediately and must give the employer written notice of the accident within 30 days of the accident.
- The employee must inform the medical providers how the injury occurred and whether it occurred while at work.
- The employee must cooperate with vocational rehabilitation efforts (returning to work).
What are my rights as an employee?
- The employee has the right to medical treatment related to the on-the-job injury.
- The employee has the right to request a treating physician of his or her choice.
- The employee has the right to request a second medical opinion.
- The employee has the right to receive medical examinations without the presence of the rehabilitation nurse.
- The employee has the right to obtain all medical records that the employer has obtained.
Can I be fired for filing a Workers’ Compensation case?
- It is unlawful to fire an employee because the employee in good faith files or threatens to file for workers’ compensation benefits (see REDA).
Are there any time constraints on my claim?
- Yes, as mentioned in the responsibilities question above, you must give your employer written notice of the accident within 30 days of its occurrence. Then you must file with the North Carolina Industrial Commission within two years of your accident.
- Our firm can help you complete these filings accurately and efficiently in order to preserve your potential claims under the Workers’ Compensation Act. We can also advise you as to which course of action you should take if these important deadlines have passed.
What are some examples of workplace accidents?
- Such accidents include, but are not limited to: trips, slips, falls, over-extension, being struck by or against an object, compression injuries, assault by a coworker, sprains or strains sustained during manual labor, broken bones, carpal tunnel syndrome, amputations, etc.
What does it mean that Workers’ Compensation Cases are done on contingency?
- No fees will be charged by our firm unless you receive compensation and, even then, our fees must be improved by the North Carolina Industrial Commission under the Workers’ Compensation Act.
What benefits am I eligible for under the Workers’ Compensation Act?
- The benefits awarded to injured workers typically include: Payment for medical expenses including prescriptions, recovery of two-thirds of your lost wages, and compensation for permanent injury.
Contact Us – Statewide Representation
To schedule a consultation to discuss your employment law issue, please telephone us at (919) 789-4677 or complete the contact form below.