2019 Best Law Firms

Workers' Compensation Legal Services

North Carolina Workers' Compensation Legal Specialist

Workers' Compensation (WC) is an administrative system set up by the North Carolina General Assembly to compensate workers who get injured by an accident on the job or develop a disease caused by their job. The system generally provides the worker with compensation even if the worker was partially at fault. The N.C. Industrial Commission (IC) is the Court that handles WC cases.

On the Job Injuries

Work-related injuries can happen suddenly or accumulate over a period of time. At David Gantt Law Office, we represent injured workers from a variety of occupations. We help manual laborers, construction workers, manufacturers, health care professionals, and others pursue the workers' compensation benefits to which they are entitled.

If you have been denied workers' compensation benefits, contact our Asheville law office. We offer free consultations and contingent attorneys' fees.

If you have been injured at work, report the injury immediately. This is an extremely crucial step in ensuring your work injury claim meets the requirements established by the North Carolina Industrial Commission (IC) and the General Assembly. Workers' compensation applications are often denied initially because the injured worker did not give timely notice. This means you must inform your employer of your injuries in writing within 30 days. Even if you miss this deadline, file your claim as soon as you can.

We represent clients who suffer from a variety of workplace accident injuries, including:

  • Back injuries
  • Neck injuries
  • Knee injuries
  • Ankle and leg injuries
  • Shoulder injuries
  • Arm, wrist and elbow injuries
  • Carpal tunnel syndrome and other repetitive stress injuries
  • Head injuries
  • Mental impairments

Aggravation of Preexisting Conditions

Clients often encounter problems when their employer claims the injury is the result of a preexisting condition. However, an employer hires an employee "as is," meaning they hired the employee knowing of this preexisting condition. You may be entitled to workers' compensation benefits if the preexisting condition is aggravated by your work duties.

We also represent close family members who have lost a loved one in a fatal work accident. We can help pursue a wrongful death claim for the tragic loss of your loved one. Contact an experienced workers' compensation lawyer at the David Gantt Law Office if you sustained an on-the-job injury. Our office is wheelchair accessible and is staffed by an attentive and highly knowledgeable legal team. We represent clients in Asheville, Hendersonville, Waynesville and throughout western North Carolina.

We Help Families After a Work-Related Fatality

David Gantt Law Office represents family members who have lost a loved one in a work-related fatality. We compassionately pursue wrongful death claims and strive to obtain closure for the surviving family members. Contact us to learn how we can help after your workplace injury or manufacturing accident. We offer a free consultation and attorneys' fees are not paid by you unless we recover the compensation you need and deserve.

2019 Best Law Firms

Contact David Today

P: 828-252-2852

FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

Q. What if I am able to work after my workers’ compensation injury, but my earnings are significantly less than before my injury?

A. If you return to a job paying significantly less wages than pre-accident wages, you may be entitled to 66 2/3% of the wage differential. Since NC Law is based on actual earning capacity, a loss of ability to make money might be compensable. Claims based on lower earning capacity are difficult to prove and quantify. Most successful claims under this theory of WC Law require testimony from experts in the field of vocational analysis and labor markets.

Q. What if my work injury causes or exacerbates my depression or other mental illness?

A. Work injury related depression and other mental impairments may be compensable under NC Law. Our appellate courts are regularly expanding the consideration of mental and physical ailments that result from your employment and/or inability to work after a physical injury. If you believe your work injury caused or deepened any mental difficulty you might have possessed before or after the actual injury, you should fully discuss your thoughts with your mental counsellor. The Industrial commission is increasingly aware of and open to the concept that mental ailments can be as significant as physical ones.

Do Undocumented Workers Qualify for Workers Compensation?

Immigration reform and enforcement of immigration laws have become a political hot topic, especially in light of Arizona’s enactment of several laws aimed at getting more undocumented residents to leave the state. In North Carolina, that debate hasn’t impacted the state’s workers' compensation laws. Under §97-2 of the state’s Workers' Compensation Act, the definition of “employee” states in part, (E)very person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer… The key language is that the law covers “aliens…whether lawfully or unlawfully employed…” Big picture, national immigration issues took a back seat (if they were thought of at all) when the legislature wrote this section and when...

Do I need a lawyer?

In order to make sure you have all the necessary facts and N.C. laws to make an intelligent decision on your WC case, it is important to consult an attorney who is both experienced and knowledgeable in WC law.

Q. My spouse was killed while working on the job. Can I make a claim in addition to workers’ compensation?

A. Possibly. You would likely have a workers’ compensation claim regardless of how your spouse’s fatal injury happened. If the cause of death was due to the negligence of a third person, you will probably have a wrongful death claim in addition to the workers’ compensation action. You should consult a lawyer familiar with both personal injury and workers’ compensation law to make sure that the claims are brought in proper legal procedure. Failure to coordinate multiple claims could result in enforceable liens on one or both of the insurance payouts.

What if I have problems after I settle my claim?

DOL Website/p Employment Discrimination Bureau Most insurance companies will try to clinch or close out the claim when they offer a settlement. This means you can never reopen your claim and cannot get any more medical treatment paid by the carrier. Other settlements can be reached that allow you to reopen the claim for at least a two (2) year period after settlement if your condition changes. Whether you should "clinch" or leave the case open for the two (2) year period is an important decision that should not be made without consulting a lawyer.

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found.
Click on the links below to view the video and its transcript.

WORKERS' COMPENSATION VIDEO LIBRARY

Contemporaneous Workers’ Compensation and Social Security Disability Claims

Contemporaneous Workers’ Compensation and Social Security Disability Benefit

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases

~ What Our Clients Say ~

2019 Google Review

August 7, 2019

The entire staff were welcoming, knowledgeable, helpful, and nice people! David was professional. He knew exactly what he was talking about and did what he said he was going to do. I have had a wonderful experience with this firm and will not hesitate to use them in the future.

2019 AVVO Review “Get ‘er done Gantt!”

July 10, 2019

I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…

2019 Facebook review

June 5, 2019

I highly recommend Mr. Gantt. He is very kind and always professional. He prepared me for my disability hearing and calmed my nerves. Everything happened exactly as he said it would. I honestly do not think that I would have been approved for disability without his help. Also, his office staff were always ready to…

2019 Google Review

May 28, 2019

Mr. Gantt took good care of me. I will be forever grateful for him getting me the social security payments I need for a disability due to military service. He seems like a genuine compassionate good man. I highly recommend! ~C.M.

2019 Google Review

May 10, 2019

David and his entire staff are so nice and show compassion to everybody. He was there when I had any questions. David Gantt is the best attorney in his field, he goes above and beyond. I am extremely grateful to him and his staff. ~M.H.

2019 Google Review

May 9, 2019

Very nice and friendly service. They always answered any of my questions. Had a great experience working with them on my disability case. I highly recommend there services! After trying for 6 years and 2 unfavorable decisions, David and his team did a great job representing my case and won. I appreciate there time and…

2019 Google Review

May 9, 2019

The whole office is very respectful. Answered all my questions. So Glad they were there cause I had no clue after fighting for 2 years. Thank you guys soo much. ~K.H.

2019 Google Review

May 9, 2019

I am very grateful to David Gantt & his staff! They were wonderful and made the confusing process much easier to understand. I wish I had contacted them sooner. They were super to work with and such nice people! Thank you so much! ~K.S.

Avvo Review 2019

May 7, 2019

Mr. Gantt is a highly compassionate and professional lawyer. He worked hard for me to show my disabilities. Always pleasant and supportive, while being very much on top of his cases. I recommend David Gantt to anyone. Great Attorney! 5 Stars. ~ Dakota

Google Review 2019

April 10, 2019

Wonderful client services..very friendly and willing to go the extra mile to help clients. highly recommend him for anyone needing assistance for the Disability SSI. ~T.D.

2019 Google Review

April 9, 2019

I am so grateful to Mr. Gantt & his staff. They have been so professional and knowledgeable. They’ve answered all of my questions and made a very stressful situation, bearable. I would not hesitate to recommend Mr. Gantt. He is knowledgeable, professional & caring. ~J.H.

Avvo Review 2019

April 8, 2019

Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars

2019 Google Review

March 9, 2019

David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted them sooner. ~D.P.S.

2019 Google Review

February 10, 2019

When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David Gantt…

2019 Google Review

February 10, 2019

This office is fantastic. The staff is helpful and friendly. He is honest with you about the pros and cons of your case. He works hard to get a positive result. ~S.G.

Martindale Review 2019

January 21, 2019

5.0/5.0 in Social Security. David was very professional, pleasant and focused on me and my situation while I was in his office. He did not allow interruptions. His office staff was helpful and readily available when I had questions.

Martindale Review 2018

October 8, 2018

Recommended 5.0/5.0 in Social Security. I highly recommended David Gantt. He is a kind and generous person. He puts you at ease from the minute that you meat him. Very efficient and does what he says he’ll do. His staff is awesome too. Trust me… You can’t go wrong with David Gantt.

~ What Our Clients Say ~