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THE WORK COMP BLOG

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P: 828-252-2852

We Can Explain the North Carolina Workers’ Compensation Process

The North Carolina General Assembly created the workers’ compensation program. The North Carolina Industrial Commission (IC) is the court where workers’ compensation claims are decided. As your lawyer, David will represent you through the claims process.

Clients generally seek legal counsel after their initial claim has been denied. The claim can be denied for a variety of reasons. The Industrial Commission may claim that the accident “did not occur under the law” or claim the injured worker did not give timely notice. For more information about workers’ comp, please follow these links:

On-the-job injuries
Workers’ compensation rights
Workers’ compensation back injuries
Why do you need a workers’ compensation lawyer?

Whatever the circumstances, our law office is fully prepared to represent injured workers throughout the workers’ compensation claim process. You are entitled to certain rights under the law, including compensation for medical bills, lost wages, and any therapy that is needed to recover. If you are permanently disabled as a result of your injury, we can also help you pursue Social Security disability benefits.

In NC, our workers’ compensation system is designed to provide injured workers with 66% of their gross earnings and payment of all medical bills. A worker is also entitled to ongoing medical expenses including therapy, counseling, assisted devices and whatever other treatment and equipment is necessary to get you back to work. If you suffered an on-the-job injury and your employer or the employer’s insurance carrier questions whether you were injured at work or how serious your injuries are, talk to a board-certified workers’ compensation attorney at David Gantt Law Office in Asheville, North Carolina.

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

Our workers’ compensation law office represents workers from a variety of occupations who have sustained a range of injuries. Our clients include those injured in manufacturing accidents, farm accidents, office accidents, or job-related accidents away from the workplace.

Contact our office to learn how David can help you receive workers’ compensation benefits for your injuries. We offer free consultations and contingent attorneys’ fees — that means our services cost nothing unless we recover compensation for you.

P: 828-252-2852

Contact David Today

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FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

Q. How long do I have to file a workers’ compensation claim?

A. As soon as possible, you should file a Form 18 (Notice of Accident or Injury) with the Industrial Commission and employer informing them that you wish to make a claim. While N.C. law requires this Form 18 to be filed within thirty (30) days, an absolute time limit of two (2) years may be applicable to your claim depending on the facts. After your claim is settled, time limits also exist for reopening the case.

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...

Q. Can I be disabled under WC guidelines if the only problems I have are psychological in nature?

A. Yes. WC law recognizes mental or physical ailments that prevent you from working at your pre injury job or other “suitable” employment making similar earnings. Disability that results from pure mental difficulties are compensable but generally have to be supported by treating mental health care professionals.

Q. What if I have problems after I settle my workers’ compensation claim?

A. 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 a complete evaluation of how any future medical expenses will be handled. Medicare and Medicaid have the right to question future medical expenses that result from you work injury.

Q. Can I draw private disability checks while also receiving workers’ compensation checks for disability?

A. Yes. The terms of your private disability checks are contractual and control whether these payments are pro-rated or changed by the receipt of workers’ compensation checks. NC law requires full payment of workers’ compensation checks regardless of private disability and/or Social Security checks for the same disability.

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.

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 ~