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THE WORK COMP BLOG

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P: 828-252-2852

Representing Clients Who Have Suffered On-the-Job Back Injuries in WNC

Many different types of work can lead to back injuries. The problem many workers face, however, is that their employers or their employers’ insurance carriers challenge whether the back injury was caused by work or happened in some other way.

At David Gantt Law Office in Asheville, North Carolina, we have talked to many workers who have suffered back injuries at work, but who have been denied a workers’ compensation claim. Work-related back injuries may be caused by a fall, by a truck accident, by repetitive heavy lifting or by other causes.

North Carolina workers’ compensation David Gantt is certified as a Specialist in Workers’ Compensation by the North Carolina State Bar’s Board of Legal Specialization. This distinction reflects his ability to effectively and knowledgeably represent clients who have been injured in work-related accidents.

As a board-certified workers’ compensation attorney and skilled back injury lawyer, David has the experience and knowledge to challenge workers’ compensation claim denials. He will listen carefully to you, review the medical records and represent you in hearings to obtain the medical benefits and lost pay you are entitled to as a worker injured on the job.

We Help Working People

Back injuries can be difficult to prove; normally they occur without any witnesses or immediate reporting. The burden of proving a back injury is always on the injured worker. Many workers have preexisting back injuries or impairments that often complicate new injuries to their back. Our law office understands the medical issues as well as the legal issues surrounding the workers’ compensation system. For over 30 years, we have helped hundreds of clients. Many of these clients had preexisting back problems that required extensive legal and medical development of their case. We have helped clients with herniated disc injuries, fractured vertebrae and injuries caused by physical stress and strains.

Our past clients have included nurses and certified nursing assistants who have injured their backs while lifting and moving patients.
We have helped truckers and others who suffered back injuries in work-related truck and car accidents.
Our law office has helped construction workers injured in falls or collisions with machinery.
We have represented manufacturing workers whose backs were injured by falls, by objects dropping on them, or by defective machinery.
We have helped office workers injured by repetitive lifting and/or repetitive motion injuries or by falls on stairways or because of debris.

A back injury may mean some time away from work to recover or it could mean a permanent disability. Contact us for a free consultation. We take all cases on a contingency basis.

P: 828-252-2852

Contact David Today

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FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

Q. Can I draw Workers’ Compensation benefits if my work injury only aggravated a pre existing condition I had?

A. Yes. North Carolina Workers’ Compensation law does NOT mandate that your disabling condition be caused by your accident. You may be eligible for Workers’ Compensation benefits if your work injury aggravates, accelerates, or significantly contributes a pre existing condition that makes you unable to return to your job. The law that applies to pre existing condition changes regularly. You should consult a qualified lawyer to discuss the current law on this complicated subject.

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.

Q. How much $ will I get from WC due to an on-the-job injury?

A. NC law permits an injured worker to receive 66%of his or her pre injury gross wages for each week they are unable to work. This salary continuation or temporary total disability (TTD) payment continues until the worker returns to work at the same job or a “suitable” position making similar wages. If the worker cannot return to a job making similar wages, they are entitled to additional benefits depending on the extent of loss of earning capacity. Each year, the maximum TTD is increased. In 2005, the maximum TTD was $704.

Q. What if I cannot return to any gainful employment because of my work related injury?

A. If you can never return to any type of work because of your workers’ compensation injury, the Industrial Commission can award lifetime benefits. These benefits can include payment of your compensation rate for the rest of your life, plus future medical treatment associated with your WC injury. If the treating doctor determines you are disabled and never able to return to any work, you should apply for Social Security disability as well as any other applicable private or group disability plan. Since some disability benefits are offset or deducted by WC benefits, you should consult an experienced lawyer to minimize these reductions in net payments to you.

Q. What should I do if my employer refuses to report my work accident?

A. NC law requires you to file a written notice of accident within thirty (30) days of your injury. You should contact the NC Industrial Commission or a local lawyer to get the proper forms to file your claim in a timely manner. Your failure to properly file the claim may result in denial based on legal procedure. The NC Industrial Commission is the government agency that compiles info on work accidents and serves as the court to decide disputed claims in workers’ compensation matters.

Q. When am I eligible to receive Workers’ Compensation benefits?

A. Regardless of whether you miss any time from work, you are entitled to have your medical expenses paid by the Workers’ Compensation insurance carrier. When your work injury causes you to miss more than one (1) week of work, you are entitled to receive 2/3 of your gross average wages until you are able to return to work. Once you have missed one (1) month of work, you will also be paid for that first week.

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 Overview on Vimeo

Workers Compensation Overview

Workers’ Compensation Injuries and the Complex nature of the law on Vimeo

Workers’ Compensation Injuries and the Complex Nature of the Law

Waiting Periods for Workers’ Compensation Benefit Payments

Waiting Periods for Workers’ Compensation Benefits

NC Workers’ Compensation Elements of Settlement

NC Workers’ Compensation Elements of Settlement

Settlements of Workers’ Compensation Claims on Vimeo

Settlement of Workers’ Compensation Claims in North Carolina

Pre Existing Conditions and Work Comp in North Carolina

Pre-existing Conditions and Workers’ Compensation Claims

NC Workers’ Comp Covers Many Different Kinds of Injuries

NC Workers’ Comp Covers Many Different Kinds of Injuries

Reopening Workers’ Compensation Cases

Reopening Workers’ Compensation Cases

Can’t Return To Work After an Injury

Workers’ Compensation Benefits When You Cannot Return to Work

Specific Traumatic Injuries

Specific Traumatic Injuries Under Workers’ Compensation

~ What Our Clients Say ~

Google Review 2020

April 8, 2020

My first time meeting Mr.Gantt, he was very open and honest about what it takes to get my SSDI. He was optimistic about my case. He walked me through what he needed on my part. I was very happy with the results of my hearing. I am very pleased with Mr.Gantt and definitely recommend his…

Yelp Review 2019

December 19, 2019

David Gantt and his staff were excellent very informative, kept me updated on every move and with this dedication I was able to win my Social Security hearing. Highly Recommend.

November 2019 AVVO Review

November 27, 2019

Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking time…

November 2019 AVVO Review

November 27, 2019

David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019

October 2019 Martindale Hubble Review

October 29, 2019

David is clear, precise, and delivers as promises.

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.

~ What Our Clients Say ~