Charlotte Workers’ Compensation Attorneys

Helping You Navigate Work Accident Injuries and Their Causes

Understanding the Impact of Work Accidents

If you have been seriously injured in a work accident – we understand the physical pain you may be facing. At Phillips & McCrea, PLLC – we are here to support you during this challenging time. Our team of experienced Charlotte workers’ compensation attorneys are dedicated to helping injured workers like you seek the compensation and justice you deserve.

Work accidents can occur in various industries and job roles—from construction sites to offices and factories. These accidents can lead to serious injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and even amputations. In addition to the physical and emotional toll, work accidents often result in lost wages, mounting medical bills, and uncertainty about the future.

Identifying the Causes of Work Accidents

Understanding the common causes of work accidents is crucial in preventing them and seeking appropriate compensation. In Charlotte, NC, some leading causes of work accidents include:

Slips, Trips, and Falls—Accidents caused by wet floors, uneven surfaces, or poor lighting contribute significantly to workplace injuries. These incidents can occur in any work environment, from construction sites to offices.

Overexertion—Heavy lifting, repetitive motions, and exertion beyond physical capacity can lead to muscle strains, sprains, and other musculoskeletal injuries.

Falling Objects—In industries such as construction and warehousing, falling objects pose a significant risk to workers. Negligent stacking, improper storage, and inadequate protective equipment are common factors contributing to such accidents.

Machinery Accidents—Defective machinery, inadequate training, and lack of maintenance can result in severe injuries, including crushed limbs, amputations, and disfigurement.

Vehicle Accidents—Workers who operate or work around vehicles, such as delivery drivers or construction workers, face the risk of being involved in accidents. Factors such as distracted driving, fatigue, and inadequate safety measures can contribute to these incidents.

What Injuries Qualify for Workers’ Compensation

If you have been injured while at work, it is vital to understand what is and is not covered by North Carolina workers’ compensation laws. These rules create strict guidelines concerning workers and their rights to pursue compensation. Just because you were at work when you were injured does not mean that you automatically qualify for benefits.

To be covered by compensation laws, your injury-causing incident must fall into the following categories:

• You must work for a company and in a capacity that is mandated to have workers’ compensation coverage under North Carolina law.
• The injury, illness, or disability that you suffered occurred because of your job and while you were performing the duties involved in your employment.
• You gave your employer a written notice of the incident that caused your injury or illness within 30 days of when it happened.
• A medical report states that your injury, disability, or illness was caused by an on-the-job accident or condition.

Unfortunately, even incidents that appear to clearly qualify for compensation may be disputed by employers and their insurance providers. You will need to collect sound evidence and the support of medical professionals to prove that you do indeed deserve compensation for as long as it is needed.

Why You Need a Lawyer for Your Workers’ Compensation Case

It’s essential to understand that when it comes to your workers’ compensation case, the insurance company is not your friend. While they may appear helpful and concerned about your well-being, their primary goal is to protect their bottom line. They often employ tactics to diminish the amount they have to pay you for your injuries and lost wages.

Having a knowledgeable workers’ compensation lawyer on your side can make a significant difference in the outcome of your case. Here’s why it’s important to seek legal representation:

Navigating Complex Laws—Workers’ compensation laws can be intricate and confusing. An experienced lawyer understands the legal system and can guide you through the process, ensuring you meet deadlines, gather necessary evidence, and complete required paperwork accurately.

Fighting for Fair Compensation—Insurance companies may downplay the severity of your injuries or try to dispute your claim altogether. A skilled lawyer will advocate for your rights and fight for the maximum compensation you deserve, considering medical expenses, lost wages, rehabilitation costs, and future financial needs.

Protection from Unfair Practices—Insurance adjusters are trained to protect the interests of their company. Without legal representation, you may be susceptible to their tactics—surveillance, intrusive questioning, or pressure to settle for a low offer. Our Charlotte workers’ compensation attorneys can shield you from such unfair practices and negotiate on your behalf.

Experience and Expertise—Workers’ compensation lawyers have extensive experience handling similar cases and understand the nuances of the legal process. They can anticipate the challenges you may face, build a strong case, and present compelling arguments on your behalf. Their expertise allows them to navigate the complexities of workers’ compensation law and ensure that your rights are protected throughout the entire process.

Accepted NC Work Injury Claims

If your case is an “accepted” workers’ compensation claim, it is one in which the employer and insurance carrier have agreed to provide workers’ compensation benefits to you as the injured worker. These benefits include compensation for time spent out of work and for the medical treatment deemed necessary as a result of the injury.

The insurance company will determine the provider of the medical treatment in accepted workers’ comp cases. The insurance carrier has the authority to choose the medical facilities and doctor, and will determine whether to authorize or cover the tests or treatment recommended by the doctors. This stresses the importance of contacting our office immediately to assist with your worker’s compensation claim.

If Your Case is Accepted

If your worker’s compensation case is accepted by the insurance carrier,  you will receive a copy of “Form 60” or “Form 63”. These forms give notice and information regarding the acceptance of your case. Each form is very different and it is important that you consult with an experienced attorney to understand the meaning of each form.

• “Form 60” is a notice to all parties and the Industrial Commission that the employer and insurance carrier are accepting liability for your on-the-job accident and injury. It should list the injured body parts being covered
• “Form 63” is the “Pay without Prejudice” Form, in which the insurance carrier and employer agree to cover you for now, while continuing to investigate your work-related accident and injuries. They have 90 days to deny the claim if they use “Form 63”. If your Form 63 says “medical only” you need to contact this office, because “medical only” is a very confusing determination that you should consult with an attorney about.

If Your Case is Denied

If your worker’s compensation claim is denied, the insurance carrier and the employer have decided that your injury did not rise as a result of an on the job accident and is not compensable under the North Carolina Workers Compensation Act. You will be notified of this denial with a form 61. If your case is denied, do not discuss your case any further with the insurance adjuster. You may be asked to give a recorded statement as part of the investigation of your claimed injury. We discourage our clients from giving a recorded statement to the adjuster in any claim. The recorded statement may place your chances of recovery under the act in jeopardy. It is important that you contact us immediately so the attorneys at Phillips and McCrea can help preserve your rights under the North Carolina Workers Compensation Act.

“Form 61” is a denial form, advising that your claimed injury was rejected and that you are not entitled to workers compensation benefits under the North Carolina Workers Compensation Act. If you get this form, you need an experienced North Carolina Workers’ Compensation lawyer. Please get in touch with our workers’ compensation lawyers in Charlotte, NC immediately for a free consultation and case evaluation. Time is of the essence.

The Impact of Workers’ Compensation Accidents in Charlotte, NC

If you have been seriously injured in a workplace accident in Charlotte, NC, the consequences can be devastating. We understand the physical pain, emotional distress, and financial burden you may be experiencing. At Phillips & McCrea, PLLC, we are here to help you navigate the complex process of workers’ compensation and ensure that you receive the maximum compensation you deserve.

How Phillips & McCrea, PLLC Can Assist You

When you choose Phillips & McCrea, PLLC as your workers’ compensation lawyers, you are choosing a team that is committed to fighting for your rights. We have extensive experience in handling workers’ compensation cases in Charlotte, NC, and we are dedicated to helping injured workers like you obtain the compensation you need to cover medical expenses, lost wages, and other related costs. Here’s how we can assist you:

Free Consultations to Assess Your Case

We offer free consultations to discuss the details of your case and understand the extent of your injuries. During this confidential meeting, we will listen attentively to your story, answer your questions, and provide an initial evaluation of your case. This consultation allows us to determine the best course of action and provide you with the guidance you need moving forward.

Contingency Fee Basis—No Upfront Costs

At Phillips & McCrea, PLLC, we believe that everyone should have access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis—no upfront costs. Instead of charging any fees or retainers, our fees are contingent upon successfully resolving your case. You can have peace of mind knowing that you won’t have to worry about paying legal fees unless we win your case and secure compensation on your behalf.

Prompt Action on Your Case

When you hire Phillips & McCrea, PLLC, we understand the urgency of your situation. We will immediately begin working on your case—gathering evidence, reviewing medical records, and consulting with experts—to build a strong claim. Our experienced Charlotte workers’ compensation attorneys have a comprehensive understanding of workers’ compensation laws in North Carolina, and we will navigate the legal complexities on your behalf.

We Won’t Stop Until You Get Maximum Compensation

Our goal is to ensure that you receive the maximum compensation possible for your work-related injuries. We will aggressively negotiate with insurance companies and—if necessary—litigate your case in court. Our track record of success in securing favorable settlements and verdicts speaks to our commitment to fighting for your rights. We won’t stop until we have exhausted every avenue to obtain the compensation you deserve.

Mistakes to Avoid After a Workers’ Compensation Accident

If you have been involved in a workers’ compensation accident in Charlotte, NC, it’s crucial to make informed decisions to protect your rights and ensure you receive the compensation you deserve. Unfortunately, many injured workers make mistakes that can negatively impact their claims. At Phillips & McCrea, PLLC, we want to help you avoid these pitfalls and guide you toward a successful workers’ compensation case. Here are common mistakes to avoid:

Talking to the Insurance Company Before Consulting an Attorney

After a work-related accident, the insurance company may contact you to gather information about the incident. While they may seem friendly and concerned about your well-being, it’s important to remember that their primary goal is to protect their interests and minimize the amount they have to pay. Engaging in conversations without legal representation can inadvertently harm your case. It’s crucial to consult with an experienced workers’ compensation attorney before speaking with the insurance company. At Phillips & McCrea, PLLC, we can handle all communication with the insurance company on your behalf, ensuring that your rights are protected.

Accepting the First Settlement Offer from the Insurance Company

Insurance companies often make initial settlement offers soon after an accident to resolve the claim quickly and minimize their liability. However, accepting the first settlement offer without consulting an attorney can result in significant under compensation for your injuries, medical expenses, and future needs. Our skilled Charlotte workers’ compensation attorneys will evaluate the true value of your claim, negotiate with the insurance company, and fight for maximum compensation on your behalf.

Not Seeking Immediate Medical Help

Seeking prompt medical attention after a work-related accident is crucial for your health and your workers’ compensation case. Delaying medical treatment or failing to document your injuries can raise doubts about the severity of your condition and potentially jeopardize your claim. It’s essential to visit a doctor as soon as possible after the accident, even if you believe your injuries are minor. Our Charlotte workers’ compensation attorneys can connect you with trusted medical professionals who specialize in work-related injuries to ensure you receive proper medical care and comprehensive documentation of your injuries.

Disregarding the Doctor’s Recommendations for Recovery

Following your doctor’s instructions and complying with their recommended treatment plan is essential for both your physical well-being and your workers’ compensation case. Failing to adhere to medical advice or prematurely returning to work against medical advice can negatively impact your recovery and hinder your claim. Insurance companies may use non-compliance as a reason to deny or reduce your benefits. Our team at Phillips & McCrea, PLLC will guide you through the process, emphasizing the importance of following your doctor’s recommendations and providing ongoing support to ensure your rights are protected.

Hiring an Attorney Who Isn’t a Trial Lawyer

When selecting a workers’ compensation attorney, it’s crucial to choose someone with trial experience. While many attorneys handle workers’ compensation claims, not all are prepared to take your case to trial if necessary. Insurance companies are more likely to offer fair settlements when they know your attorney is prepared to go to trial and fight for your rights. At Phillips & McCrea, PLLC, we are trial lawyers with a proven track record of success. We will tirelessly advocate for your rights, whether through negotiation or litigation, to ensure you receive the maximum compensation you deserve.

Trust Phillips & McCrea, PLLC to Protect Your Rights

If you have been involved in a workers’ compensation accident in Charlotte, NC, don’t make the common mistakes that can jeopardize your claim. Contact Phillips & McCrea, PLLC today for a free consultation. Let our experienced workers’ compensation lawyers handle your case, protecting

Frequently Asked Questions

When you’ve been injured in a workers’ compensation accident, you likely have many questions about your rights, the claims process, and how to protect your interests. At Phillips & McCrea, PLLC, we understand the confusion and concerns you may have during this challenging time. To provide you with some initial guidance, here are answers to frequently asked questions that injured workers often have:

Workers’ Compensation Client Story

This client story is for educational purposes only.

Meet Sarah. She was an energetic and dedicated employee at a construction company in Charlotte, NC. Every day, she worked tirelessly, pouring her heart and soul into her job. But one fateful day, everything changed.

As Sarah arrived at the construction site, she never could have imagined the life-altering accident that awaited her. A moment of distraction, an unforeseen hazard, and her world was turned upside down. She suffered severe injuries—a fractured leg, a concussion, and a deep sense of fear for her future.

In the midst of her pain and confusion, Sarah found solace and hope when she discovered Phillips & McCrea, PLLC, a workers’ compensation law firm in Charlotte. Little did she know that Attorney Michael Phillips would become her guiding light during the darkest days of her life.

From the very first meeting, Michael’s warm and compassionate demeanor put Sarah at ease. He listened intently as she recounted the details of her accident and the overwhelming challenges she faced. Sarah felt heard, understood, and supported—qualities she desperately needed during this vulnerable time.

Michael’s experience in workers’ compensation law shone through as he meticulously examined Sarah’s case. He left no stone unturned, meticulously gathering evidence, consulting with medical experts, and building a strong claim on her behalf. Sarah could sense his dedication and unwavering commitment to fighting for her rights.

The journey to justice was not an easy one. Sarah faced numerous hurdles—a daunting insurance company, mounting medical bills, and the uncertainty of her future. But Michael was there every step of the way, guiding her through the complex legal process and providing the emotional support she needed.

When the insurance company attempted to downplay Sarah’s injuries and offer a meager settlement, Michael stood firm. With his extensive trial experience and unwavering determination, he refused to let Sarah settle for anything less than what she deserved—maximum compensation for her pain, suffering, and financial losses.

Through Michael’s diligent efforts, the insurance company began to realize they were dealing with an attorney who would not back down. They knew they were facing a formidable opponent who would fight tooth and nail for Sarah’s rights. Sensing the strength of her legal representation, the insurance company eventually caved, offering a settlement that far exceeded their initial offer.

Contact Our Workers’ Compensation Attorneys Phillips & McCrea, PLLC for Personalized Legal Guidance

If you have further questions about your workers’ compensation case, don’t hesitate to reach out to us at Phillips & McCrea, PLLC. Our experienced Charlotte workers’ compensation attorneys are here to provide you with personalized legal guidance based on the specifics of your situation. We offer a free consultation to discuss your case and help you understand your rights and options. Let us be your trusted advocates as you navigate the complexities of the workers’ compensation system. Contact us today to schedule your consultation.