Injured at work? You and your attorney must prove fault

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North Carolina’s workers’ compensation laws are designed to provide “win-win” results for employee and employer, protecting employers from personal injury lawsuits and injured workers can be compensated for their on-the-job injuries without needing to pursue a lawsuit. In reality, however, insurance companies make more money when they pay fewer claims, and therefore may try hard to dispute your claim. That is why it’s important that you hire an experienced workers’ comp attorney to help you fight and prove the legitimacy of your case.

 

If your employer’s workers’ comp insurance company denies your claim in North Carolina, your attorney can request a hearing before the state’s Industrial Commission and present evidence that your injury was caused by an accident on the job. Together, you may need to prove your employer was at fault for failing to provide a safe work environment. Your evidence can include testimony by the doctor who treated your injury and your co-workers who witnessed your accident.

 

You will also need to prove that you are not yourself liable for your injury. Were you properly trained for the job you were performing? Did you try to speed up your task by taking a shortcut that caused your injury? If you ignored warnings of known hazards or were being recklessly careless, you may be held responsible for your injury.

 

North Carolina also has its share of businesses and employers that do not comply with workers’ comp laws, and the state works proactively to identify them. The North Carolina Industrial Commission’s Compliance and Fraud Investigative Division uses an advanced data-matching application, the Noncompliant Employer Targeting System (“NETS”) to identify these employers. This year, the NETS program underwent a major upgrade to ensure that it is using the most accurate, current data.

 

According to workcompwire.com, the NETS compliance Unit … “issues civil penalties to non-insured businesses for failure to carry the requisite workers’ compensation insurance. For fiscal year 2016-2017, the Commission’s Compliance Unit collected over $1.7 million in penalties from noncompliant employers.” The penalty funds are distributed to public schools across the state.

 

Richard Manger, principal of Manger Law Firm, has extensive experience in litigation and settlements, with a focus on personal injury and workers’ compensation law. We are proud of the strong relationships of loyalty and trust we develop with our clients. We go above and beyond to achieve the best possible outcome in your case. You can contact Richard Manger via email at ram@mangerlaw.com, or by calling (336) 882-2000.

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