Our Lawyers at Kellum Law Firm are seeing more and more cases of Workers’ Compensation on our books. It seems that when competition is tough, some employers will do whatever it takes to drive down the cost of their products, even if it means putting the health and wellbeing of their employees at increased risk. Aside from the obvious workplace accidents that result in a visit to the emergency room, our lawyers are dealing with far more cases involving personal injuries sustained slowly over long periods of time.
So, What Rights Do Workers Have When The Job Is Slowly Wearing Them Down?
Repetitive motion injuries (RMI) are a type of injury sustained by employees who make repetitive physical motions each day as part of their job. This type of injury occurs over time and can often be dismissed as the ‘normal’ aches and pains of work-related actions. However, these injuries are real and should not always be accepted as just a normal consequence of the job, or aging. They may be caused by repetitive motion and should be medically treated under a workers’ compensation insurance policy held by your employer.
If you are suffering from a repetitive motion injury, it is essential that you have the injury documented. Keep notes on when you first began to experience the pain and what triggers the pain in your daily work. The next thing that you will need to do is file a claim for workers’ compensation with your employer. Your employer must acknowledge this claim and inform the insurance carrier of your need for medical care.
Working With An Attorney To Claim RMI Workers Comp Benefits
In most cases, when you are making a claim for repetitive motion injuries, you will need the assistance of an attorney. Workers’ compensation insurance companies are notorious for denying these claims and attributing the pain and discomfort you are experiencing to other causes. The insurer will go to great lengths to disprove your claim. However, it must be understood that the state of North Carolina acknowledges that repetitive motion injuries are real and that they may be covered under workers’ compensation insurance. You should not dismiss the idea of making a claim, you should contact an experienced workers’ compensation attorney to help you with the case.
Your Legal Rights As An Injured Worker
Under North Carolina law, you have the following rights when you have been injured on the job:
- You have the right to receive medical care for your injury that is paid for in full by the worker’s compensation insurer.
- You have the right to receive a portion of your regular pay during any time that you are not working due to the injury. In most cases, these benefits begin one week after the initial injury.
- You have the right to compensation for your injury if the injury results in you becoming disabled.
Workers’ compensation laws were initially established to protect employees when injured on the job and to drive employers into creating a safer workplace. Workers’ comp insurance is mandatory for most employers and the State does not allow employees to seek compensation directly from their employers when an injury occurs. All injuries must be handled through the insurance policy.
Though clearly the laws on workplace injury and workers’ compensation are of significant benefit to the working population, injured employees are often denied claims by insurance companies and/or forced to return to work even though they are not healed completely.
An experienced workers’ comp attorney will fight for your rights and make sure that you are treated fairly and receive all of the benefits you are entitled to under state law.
Don’t put the outcome of your case at risk, contact our office today! – “We’re With You All The Way”
