Do I Need an Attorney for My Workers’ Compensation Claim?

You’ve been injured at work. You are entitled to compensation and medical treatment by virtue of your treatment. Your employer filed a claim with their workers’ compensation insurance carrier. The insurance company is handling your claim. Your friends say you should “just handle it yourself.”

But here’s the thing: you don’t have to navigate this alone. In fact, under North Carolina workers’ compensation law, sometimes it’s better to have a workers’ comp lawyer fighting to ensure you receive all compensation you are entitled to under the law

Here is what happens when you choose to work with a North Carolina workers’ compensation attorney versus handling the claim on your own.

Attorney vs. Self-Representation

When you’re hurt at work in North Carolina, you have two main paths forward under workers’ compensation law. You can handle your workplace injury claim yourself, or you can work with an experienced legal representative to protect your rights.

Handling the claim yourself means:

• You have to handle all communication with the insurance company
• You navigate the workers’ compensation system alone
• You make all decisions about treatment and compensation without legal guidance
• You may rely on omissions or lack of information from the workers’ compensation carrier
• You handle any disputes or denials on your own
• You risk missing important deadlines or legal protections

Working with a North Carolina workers’ compensation attorney means:

• You have an experienced work injury attorney who knows the system
• Your legal advocate handles communications with the insurance company
• You get guidance on medical treatment and compensation decisions
• Your attorney fights for maximum workers’ compensation and protections
• You have someone watching for potential issues before they become problems

What Happens When You Handle Your North Carolina Workers’ Compensation Claim Alone

You Deal Directly with the Workers’ Compensation Insurance Company

The insurance company becomes your primary contact. They will call you directly (contact may be sporadic and on their schedule), send forms to fill out, and make decisions about your compensation. Under North Carolina workers’ compensation law, insurance companies have a legal duty to pay a valid claim. They’re also businesses trying to minimize costs.

Remember: the insurance company’s interests don’t always align with yours. They want to convince you that they are providing you with “benefits” which are discretionary, versus “compensation” which you are entitled to under the law. They seek to control the narrative and to close your claim quickly and inexpensively. You want to make sure you get all compensation you’re entitled to under North Carolina workers’ compensation law.

You Navigate Complex Workers’ Compensation Paperwork and Deadlines

Workers’ compensation law involves specific forms, deadlines, and procedures. Miss a deadline, and you might lose important rights. Fill out a form incorrectly, and your benefits could also be delayed or denied.

Under North Carolina General Statute 97-22, you have specific time limits for reporting injuries and filing claims. Even when a claim is filed and accepted,, you have two years from your last compensation payment or authorized medical treatment to file for additional compensation or you are forever barred. These deadlines are strict, and missing them can be costly.

You Make Medical Treatment Decisions Without Legal Guidance

How do you know if the insurance company is unreasonably withholding authorization of medical treatment you need? What if it denies treatment the authorized doctor recommends? What if you want a second opinion?

Without legal guidance, you might not realize when the insurance company is failing to provide proper medical care under North Carolina workers’ compensation law.

When You Work with a North Carolina Workers’ Compensation Attorney

Your Attorney Handles Insurance Company Communications

Your legal representative becomes the primary contact with the insurance company. This means no more pressure calls trying to get you to settle, no more confusing paperwork without explanation, and professional communication focused on getting you the compensation you deserve.

You Get Expert Guidance on North Carolina Workers’ Compensation Law

Workers’compensation law is complex. Your attorney knows what compensation you’re entitled to under North Carolina law, how to calculate the true value of your claim, when the insurance company is violating your rights, and how to maximize your workers’ compensation.

Your Attorney Fights for Maximum Compensation

Insurance companies often start with low offers, hoping injured workers will accept them. A workers’ comp attorney knows the full value of your claim, including future medical costs, how to properly calculate disability compensation, when to push for higher impairment ratings, and how to protect your right to ongoing weekly workers’ compensation checks.

When You Definitely Need an Attorney for a Workers’ Compensation Claim

Your Claim Was Denied

If the workers’ compensation insurance company denies your claim, you need legal help immediately. Under the North Carolina workers’ compensation law, you have the right to appeal denials to the North Carolina Industrial Commission. Workers’ compensation insurance companies always retain their own counsel to defend denials at hearings. The majority of hearings will have attorneys representing each party to put on evidence, take depositions, and prepare legal contentions on why a claim should be accepted.

You Have a Serious or Permanent Injury

Workers with severe injuries, from spinal cord injuries to traumatic brain injuries, amputations, or other permanent disabilities, face complex legal and medical issues. The financial stakes are enormous. A mistake in handling your workers’ compensation case could cost you hundreds of thousands of dollars in medical treatment or compensation..

Workers’ comp attorneys who specialize in catastrophic injuries understand how to properly value these complex claims.

The Insurance Company Stops Paying Your Workers’ Compensation Checks

If your workers’ compensation checks suddenly stop, you need legal help right away. Insurance companies sometimes stop payments, hoping injured workers won’t fight back. Your attorney can file an immediate request with the North Carolina Industrial Commission to restart your benefits.

You’re Being Pressured to Settle

Settlement is permanent. Once you settle, you give up all future related medical treatment or workers’ compensation. Insurance companies often pressure injured workers to settle quickly, before they understand the full extent of their injuries.

Your Injury Affects Your Ability to Work

If your work injury prevents you from returning to your old job, you face complex questions about disability, permanent impairment, vocational rehabilitation, and future earning capacity. A workers’ comp attorney can help determine if you’re entitled to temporary total disability, temporary partial disability, or permanent disability compensation under North Carolina law. More importantly, they can help to protect the ongoing compensation you rely on while you are unable to work.

The Financial Reality: Attorney Fees vs. Going It Alone

North Carolina Workers’ Compensation Attorney Fees

Your attorney can only charge fees approved by the North Carolina Industrial Commission. You don’t pay attorney fees unless your attorney is able to help you recover compensation. This is the classic contingency fee arrangement. In most cases, attorney fees come out of your settlement or award.

The Cost of Not Having an Attorney

Consider what you might lose without legal representation:

• Accepting a settlement that’s too low
• Missing out on compensation you’re entitled to
• Having your claim denied when it should be approved
• Not getting proper medical treatment
• Missing important deadlines that could affect your compensation

Many injured workers find that having legal representation actually increases their total compensation, even after paying attorney fees.

When You Might Not Need a Workers Compensation Attorney

Your Injury is Minor and You’re Back to Work

If you had a minor injury, received proper medical treatment, and returned to work without lasting effects, you might not need legal help. Simple claims with no complications can sometimes be handled without professional assistance.

The Insurance Company is Cooperating Fully

If the insurance company promptly pays all your compensation checks, covers all your medical treatment, and isn’t pressuring you to settle, you might be able to handle your claim yourself.

How North Carolina Workers’ Compensation Attorneys Help Throughout Your Claim

Your attorney will review your case, identify potential issues, and develop a strategy to maximize your compensation under North Carolina workers’ compensation law. If disputes arise, your attorney can handle negotiations with the insurance company or represent you at hearings before the North Carolina Industrial Commission. They help protect your rights and ensure you don’t give up valuable rights without understanding the consequences.

Questions to Ask When Choosing a North Carolina Workers Compensation Attorney

• Look for someone who focuses on workers’ compensation law and has handled cases similar to yours.
• Ask whether they are board-certified in workers’ compensation law by the North Carolina State Bar, indicating they have significant experience, are peer-reviewed, and have accomplished additional testing
• Ask about their track record with workers’ compensation claims.
• Make sure you’ll be kept informed about your claim and can reach your legal representative when needed.
• Understand how attorney fees work and what you’ll pay.
• Choose an attorney who has experience with workers’ compensation hearings and appeals.

Get the Legal Support You Need for Your North Carolina Workers’ Compensation Claim

Deciding whether to hire an attorney for a workers’ compensation claim is an important decision that can affect your financial future and recovery.

Reach out to our experienced, board-certified North Carolina workers’ compensation attorneys at Johnson & Groninger PLLC for a free consultation. We’ll be there to protect your rights every step of the way.