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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
David Gantt Law Office included in Best Law Firms 2021

Contact David Today

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P: 828-900-1336

Consultations are free.

FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

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

A. NC law requires you to file a written notice of accident with the NC Industrial Commission within thirty (30) days of your injury. You should file the claim regardless of the extent of injury since many small hurts can become major injuries over time. Since the Courts are forgiving of late filings up to two (2) years from the date of accident, you should not hesitant to file your claim even if more than thirty (30) days have passed. While reporting claims can cause some grief from employers, more heartache happens when insurance companies refuse to pay medical bills and other damages because of late filings.

Q. What type of physical ailments are considered disabling under WC law?

A. The key to the question of whether you are disabled under WC law or not is based on how the physical or mental ailment(s) you have impact your ability to earn money. No exact listing or threshold exists in NC law for what determines a disability. If you are unable to work at the same job you held down before the accident, you are likely disabled under our law. NC law recognizes both physical and mental disabilities.

Q. Who provides and directs medical treatment resulting from a workers’ compensation accident?

A. The employer or its insurance company, subject to any NC Industrial Commission orders, provides, and directs medical treatment. The NC Industrial Commission may permit the employee to change physicians or approve a physician of employee's selection when good grounds are shown. However, payment by the employer or carrier is not guaranteed unless written permission to change physicians is obtained from the employer, carrier, or Commission before the treatment is rendered.

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...

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.

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.

~ 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.