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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. 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 my workers’ compensation doctor assigns a permanent partial impairment (P.I.) rating for my injury?

A. When a doctor releases you from care, a permanent disability rating may be assigned to your injured body part. A rating means that you will never again be 100% healthy in that body part. Whether you can return to work depends on the severity of your injury and how that injury affects your ability to handle the physical demands of your work. If you are able to return to making the same wages as before your work injury, this rating may be your only compensation. However, if you are not able to earn the same pre-injury wages, your rating will not represent your only compensation. Your impairment rating is only one factor the Industrial Commission and NC Law will consider in determining what damages the work injury caused you. NC Law permits you to select the most favorable method or compensating you for the injuries and loss of earning...

Can my employer fire me while I am on WC?

Retaliatory Employment Discrimination Act (REDA) protects employees who file WC claims. This law allows employees to sue the employer for monetary damages if the employer fires, demotes, punishes or takes any retaliatory action against the employee just because the employee files or testifies in a workers' compensation case. An attorney can give you the correct form to file a REDA complaint with the Department of Labor or you may call the Department of Labor at 1-800-522-6762.

Q. Are back injuries that are not “accidents” covered by Workers’ Compensation?

A. Yes. Generally, a work injury must be an “accident” to be compensable. Back injuries do not have to meet this requirement. NC law accepts back injuries that do not result from “accidents” if the worker can trace the injury to a “specific traumatic incident.” The more precise the time of the incident, the more likely the back injury claim will be compensable. ANY back injury should be prompted reported and checked out by a qualified physician. The details of the incident should be given very carefully and completely to both employer and medical providers. Many back injuries do not become symptomatic until several days later.

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.

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...

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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 ~

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 ~