What if Injury is On The Clock and My Fault?
Greenville NC Work Comp Lawyer and the Dodge Jones Personal Injury Law Firm is here to answer your questions. We offer free advice about what we think is the best way to proceed with a Comp Claim during the initial, confidential legal consultation.
Once our law office is retained we jump into action. We will ask a LOT of questions about your NC comp claim. It’s important to get to work right away. We want to make sure a proper claim for a workplace injury is made – Kevin Jones
Question 1: In a North Carolina workers’ compensation claim does it matter if I caused my own injury? Who is responsible for NC work comp injuries?
It does not matter whose fault it is when you get hurt at work.
If it’s an otherwise covered injury under the worker’s compact, it does not matter that you have messed up.
That you’ve done something wrong, that you somehow were negligent in performing your work and got hurt because of that negligence. It does not make a difference.
On the other hand, it also doesn’t make a difference if the employer was negligent, and I hear that a lot too, is, “Don’t I have a claim for personal injury, for pain and suffering, because the employer was negligent?” and the answer is no.
Read More: How Long After An Injury Do I Have to Make A Claim?
It does not matter whose fault it is when you get hurt at work.
Question 2: What is the NC Work Comp Act? What are the North Carolina workers’ compensation laws? How do work comp lawyers and law firms help?
If it’s an otherwise covered injury under the worker’s comp act, it does not matter that you have messed up.
That you’ve done something wrong, that you somehow were negligent in performing your work and got hurt because of that negligence. It does not make a difference.
On the other hand, it also doesn’t make a difference if the employer was negligent, and I hear that a lot too, is, “Don’t I have a claim for personal injury, for pain and suffering, because the employer was negligent?” and the answer is no.
The benefits are what they are, regardless of negligence on either side, or even if there’s none … obviously if there’s none, but it does not make a difference as far as accidental fault. In other words, if we’re talking about intent, that could be a different story.
MORE INFORMATION: What Is A Right To Work State?
Question 3: What happens to NC Work Comp claims if the workplace injury was intentional or NOT an accident?
If we’re talking about when an employee does something to intentionally injure themselves, then that’s not something that’s typically going to be covered.
But if we’re talking about something where the employee did something wrong, even if it was just a really bad mistake, it doesn’t matter how bad it was, it’s still a claim that’s going to be covered under worker’s comp.
You see it most often in motor vehicle wrecks where the employee is working … driving a company truck for example, and let’s say they run a stop sign and cause a bad accident, they’re still covered under worker’s comp.
Keep that in mind people will be told that they’re not, and that’s just not true.
Question 4: How does a NC work comp lawyer earn a legal fee? What does it cost to hire a North Carolina Workers’ Compensation?
Work comp cases in NC, at least when it comes to legal representation, are a lot like cases involving car wrecks: We charge legal fees if we are able to recover money damages. We do NOT charge legal fees if there is not a recovery or compensation for your injuries.
That’s what work comp lawyers and personal injury law firms refer to as a CONTINGENT LEGAL FEE or a “contingency fee.” We earn our legal fee by recovering damages for lost wages, personal injuries, disfigurement, medical bills for treatment, and long-term disabilities. It is important to understand if a law firm serves as legal counsel, the client is ultimately responsible for the costs of litigation including things like filing fees, depositions, etc.
If you would like more information about filing your Greenville NC work comp claim, the consultation is FREE. It doesn’t get much better than that: free advice. Only if our law office is retained for legal representation do we send out a contract of employment. And, as stated, even then we only collect legal fees if we are successful in obtaining a recovery for money damages.
At the Dodge Jones Personal Injury Law Firm our workers’ compensation attorneys help people understand their legal rights. We want to make sure you get what you deserve after a workplace injury in Eastern NC.
Call NOW for Free Consultation 1-877-NC-COMP-1 on your NC Work Comp Claim
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