New Bern, NC Workers’ Compensation Lawyers: Help After a Work Injury

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When you get hurt on the job, you likely expect to be taken care of. The North Carolina workers’ compensation system is designed to provide that help, generally covering medical bills and lost wages while workers recover. The reality, however, is that the process can be full of complicated forms, strict deadlines, and challenging conversations with an insurance company.

For people injured at work, a New Bern workers’ compensation lawyer can handle the complexities of the system and fight for the full benefits you may be entitled to receive.

At the Law Offices of James Scott Farrin, we have been helping injured people since 1997. We stand up to insurance companies and fight to protect the rights of workers in New Bern and across North Carolina.

Why Choose the Law Offices of James Scott Farrin for Your New Bern, NC Workers’ Comp Claim?

When you’re dealing with a work injury, choosing an experienced firm can make a significant difference. At the Law Offices of James Scott Farrin, we have a formidable team of attorneys, several of whom are North Carolina State Bar Board Certified Specialists in Workers’ Compensation law. This is a distinction held by a limited number of attorneys licensed to practice in the state and demonstrates a high level of experience and knowledge in this specific area of law.

Our firm’s strength is built on several key pillars:

• A Strong Track Record: We have recovered over $2 billion in gross for more than 78,000 clients since 1997. And counting.¹ We fight for maximum compensation, and our results show it.
• A Focus on You: Our You-First Policy means we listen and respond. We return your calls, answer your questions, and update you on your case because your peace of mind is a top priority.
• No Fee Unless We Win: We operate on a contingency fee basis. This means we don’t charge any fees unless we get compensation for you – guaranteed.² This reduces the financial risk for you.
• Extensive Resources: We dedicate the necessary assets to build a compelling case for our clients, from gathering evidence to working with medical professionals as needed.

We understand the challenges people endure after a workplace accident, and we are committed to providing excellent legal representation, one client at a time.

Understanding Workers’ Compensation in North Carolina

The North Carolina Workers’ Compensation Act was created to provide a structured way for employees to receive benefits for injuries or illnesses arising out of and in the course of their employment. It is essentially a type of insurance that most employers in the state are required to carry.

A key feature of the system is that it is “no-fault.” This generally means that you do not have to prove your employer did something wrong to cause your injury. Even if the accident was your fault, you could still be eligible for benefits, with few exceptions. In exchange for these benefits, employees generally cannot sue their employers in civil court for a workplace injury. The system is meant to be less adversarial than a traditional lawsuit, but disputes with employers and their insurance companies happen often.

Common Workplace Injuries We Handle in New Bern, NC

New Bern and Craven County have a diverse economy, with jobs in manufacturing, healthcare, government, and retail. Unfortunately, an injury can happen in any workplace, from a construction site near the Neuse River to a hospital or an office building downtown. Our New Bern workers’ compensation lawyers have experience helping people with a wide range of injuries, including:

• Back and spinal cord injuries
• Traumatic brain injuries (TBIs)
• Broken bones and fractures
• Burns
• Repetitive motion injuries (e.g., carpal tunnel syndrome)
• Knee, shoulder, and joint injuries
• Occupational diseases (e.g., hearing loss or illnesses from toxic exposure)

This list is not exhaustive. No matter what type of injury you have, if it happened at work, we encourage you to contact us to discuss your situation.

What Benefits Can I Receive Through a Workers’ Comp Claim?

If your claim is approved, the North Carolina workers’ compensation system can provide several types of benefits to help you while you recover. The goal is to assist with your medical needs and offset some of your financial losses.

The main categories of potential benefits include:

• Medical Benefits: The employer’s insurance carrier is generally responsible for paying for all authorized medical treatment related to the work injury. This can include doctor visits, hospital stays, surgery, prescription medications, physical therapy, and necessary medical equipment.
• Wage Replacement Benefits: If your injury causes you to miss more than seven days of work, you might be eligible to receive temporary disability benefits. These are typically calculated as two-thirds of your average weekly wage, up to a maximum amount set by state law.
• Permanent Partial Disability (PPD) Benefits: If your injury results in a permanent impairment to a specific body part (like an arm, leg, or eye), you could receive benefits based on a disability rating assigned by your doctor.
• Permanent Total Disability (PTD) Benefits: In the most serious cases, where an injury prevents you from returning to any type of gainful employment, you might be eligible for lifetime benefits.

Calculating the full value of these potential benefits can be complex, and insurance companies often try to minimize what they pay. An attorney can fight for the full benefits you may be owed.

How a New Bern, NC Workers’ Compensation Lawyer Can Help Protect Your Rights

While the workers’ comp system is supposed to be straightforward, insurance companies are businesses, and some may look for ways to deny or reduce claims, no matter how bad you may be hurt. Having an experienced attorney on your side levels the playing field and helps protect your rights every step of the way.

At the Law Offices of James Scott Farrin, we fight for our clients. Here’s a look at what our workers’ compensation team can do for you:

Handling the Details and Deadlines

The workers’ compensation process is full of complicated paperwork and strict deadlines. Missing a deadline to file a form with the North Carolina Industrial Commission (NCIC) — the state agency that administers workers’ comp claims — could put your entire claim at risk. We handle these details for you, making sure procedures are followed correctly so you can focus on your recovery.

Building and Managing Your Case

A successful claim requires strong evidence. Our team gets to work immediately to build and manage your case. This can involve:

• Collecting and carefully examining your medical records
• Moving your case forward to try to avoid pitfalls and delays
• Deposing doctors, vocational experts, or other witnesses, if needed
• Devising plans to try to protect your job while you are out of work

We manage the flow of your case and know how to fight back against any insurance company tactics designed to slow things down.

Leveling the Playing Field With the Insurance Company

Insurance adjusters handle these claims every day. They know the system and how to use it. We do, too. Our team includes former insurance adjusters and defense attorneys, so we know how the “other side” operates.

We communicate and negotiate with the employer’s insurance carrier, countering their lowball offers and fighting for fast approval of needed medical treatments. We also monitor nurse case managers to prioritize and protect your interests.

Pursuing Maximum Compensation, Fast

Our goal is to get you as much compensation as possible, as quickly as possible. We fight for:

• Replacement of your lost wages
• Payment for all necessary medical treatment
• The highest possible lump sum settlements when appropriate

We push back against insurance company delays and constantly follow up with medical providers to demand the critical records needed to move your case forward.

Disputing a Denial

If your claim is denied, we can fight the denial. This might involve arguing your case before a neutral mediator, presenting evidence and witness testimony at a formal hearing before the Industrial Commission, or even appealing a decision in certain instances. Every case is different but no matter the situation, we don’t quit when things get tough.

What to Do After a Work Injury in New Bern, NC

The steps you take immediately after a work injury are important. Once you have received any emergency medical care and are able to do so, there are a few key actions that can help protect your potential benefits.

1. Report the Injury to Your Employer: You must notify your employer of your injury, preferably in writing, within 30 days. Even if you told your supervisor verbally, follow up with a written notice (an email or letter is fine) that documents the date, time, and circumstances of the injury.
2. Get Medical Attention: Your employer might direct you to a specific doctor. It is important to follow their instructions for initial treatment. Be sure to tell the doctor that your injury is work-related and explain exactly how it happened.
3. File a Claim With the NCIC: You must file a Form 18, Notice of Accident, with the North Carolina Industrial Commission to formally begin your claim.  As a general rule, the Form 18 must be submitted to the North Carolina Industrial Commission within 30 days of the injury.  At the very least, this must generally be done within two years of the injury.
4. Speak With an Attorney: The insurance company might contact you and ask for a recorded statement or ask you to sign medical release forms. Before you sign anything or agree to a statement, speak with a workers’ compensation lawyer to understand your rights and get peace of mind that you’re not being seriously taken advantage of.

Taking these steps can help establish a clear record of your injury and your claim, which can be critical later in the process.

New Bern, NC Workers’ Compensation Lawyers FAQs

Here are answers to some common questions our firm receives about workers’ compensation claims in New Bern, NC.

What if my employer tells me not to file a workers’ compensation claim?

If you feel pressured not to file, you should contact an attorney immediately. It is illegal for an employer in North Carolina to retaliate against an employee for filing a workers’ compensation claim. You cannot be fired or punished for exercising this right under the law.

Can I choose my own doctor for a work injury?

Generally, in North Carolina, the employer or their insurance company has the right to direct your medical care. This means they can choose the doctor you see. However, if you are not satisfied with the care you are receiving, you have the right to request a second opinion or petition the Industrial Commission to change doctors. An attorney can help with this process.

What happens if I was injured by a third party while on the job?

If your work injury was caused by the negligence of someone who is not your employer or a co-worker (for example, a car accident while you were driving for work), you may have two cases: a workers’ compensation claim and a separate personal injury claim against the at-fault third party. These cases can be pursued at the same time.

My employer says I’m an independent contractor, not an employee. Can I still get workers’ comp?

The distinction between an employee and an independent contractor is a complex legal issue. Employers sometimes misclassify employees as independent contractors and avoid paying for workers’ compensation insurance. Even if you are called an independent contractor, the law might still consider you an employee based on the level of control the employer has over your work. A lawyer can evaluate your situation to determine your status.

How much does it cost to hire a workers’ compensation lawyer?

At the Law Offices of James Scott Farrin, we handle workers’ compensation cases on a contingency fee basis.² This means there is no hourly fee, and you owe us nothing unless we obtain compensation for you. Guaranteed.

Contact Our New Bern, NC Workers’ Compensation Lawyers Today

A work injury can create serious challenges for you and your family. You might be unable to work, facing growing medical bills, and unsure of what to do next. The experienced New Bern workers’ compensation attorneys at the Law Offices of James Scott Farrin are here to help.

We have a strong track record of fighting for injured workers, and we have North Carolina State Bar Board Certified Specialists in Workers’ Compensation Law on our team. We know the system, we know the law, and we know how to stand up to insurance companies.

Let us handle the details of your claim so you can concentrate on what matters most — your health and your family. We offer a free and straightforward case evaluation to help you understand your legal options. There is no obligation.

We are available to talk 24/7, in English or Spanish, or you can visit our New Bern office.

“I would recommend anyone injured on the job give this firm a call as they are so awesome to work with, and I really believe they are in business to help clients like me take the right path.” – John O., Google New Bern 5-star review¹

If you, or a loved one, have been injured at work, contact the Law Offices of James Scott Farrin today for your free case evaluation. Call us at 1-866-900-7078 or contact us online. Tell them you mean business.

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