| Workers'
Compensation
Workers' compensation is a system of
compensation for employees that provides
cash benefits and medical care if an
employee becomes disabled because of
workplace injuries, regardless of fault.
The Law Offices of Richard Flexner is serious
about helping victims of on-the-job
accidents. Rich Flexner is a North
Carolina trial attorney with more than
25 years of experience.
We serve the residents of Wilmington,
New Hanover County,
Wrightsville Beach,
Oak Island,
Brunswick County,
Kure Beach,
Pender
County,
Carolina Beach,
Columbus County,
Burgaw, Southport,
Bladen County, Elizabethtown, Bolivia,
Whiteville, and throughout North
Carolina. To us, every
client matters. We work hard for the people we represent.
Workers' compensation benefits entitle
you to medical treatment to cure and
relieve the effects of your workplace
injury. Treatment may include
consultations, physical therapy,
surgery, hospitalization, drug
treatment, and nursing care, as well as
physical and vocational rehabilitation
services. You are entitled to be
reimbursed for costs of mileage going to
and from your medical appointments. The
injured employee may also be entitled to
lost wages.
Job Site Accidents
The National Academy of Social Insurance
cites workers' compensation as the
third-largest source of support for
injured workers (behind Medicare and
Social Security). The Workers'
Compensation Act requires all businesses
with three or more employees (whether
part-time or full-time) to maintain
workers' compensation insurance. This is
a no-fault insurance system designed to
provide employees who are injured or
disabled on-the-job with medical care,
disability benefits and/or
rehabilitation. The program also
provides for the dependents of workers
killed or disabled in work-related
accidents. In the majority of cases,
workers' compensation laws provide a
layer of protection for employers since
employees are prevented from filing
negligence lawsuits by the statute. It
is the employee's responsibility to
report any work-related injury, and it
is the employer's role to take important
actions upon receiving the injury
report.
Industrial Accidents
Injuries resulting from industrial
accidents can range in severity from
slight to lethal. The cause of an
industrial accident can include
malfunctioning equipment, explosions,
electrocution, and falls. Contributing
factors to industrial accidents include
workers' negligence, poor safety
standards, and fatigue. Depending upon
the cause and severity of the industrial
accident, recovery can be swift, or a
long process. Those persons who have
been injured in an industrial accident
may never return to their full capacity,
affecting their physical and
psychological health. Victims of
industrial accidents may also suffer
long-term financial losses due to their
inability to work.
If you were in an industrial accident
and suspect that the fault lies with
someone other than your employer, the
industrial accident may qualify for a
personal injury lawsuit. Personal injury
suits concerning industrial accidents
can recover financial losses, pay for
medical care, and compensate victims for
other resulting damages. Industrial
accident law can be complicated. An
attorney at The Law Offices of Richard Flexner
who is familiar with industrial accident
law may be able to help you make key
decisions regarding your case.
Construction Accidents
Owners and general contractors have an
obligation to keep the work site safe.
If there is an accident, in many cases a
worker will be able to bring a claim
against the owner or general contractor
in addition to a workers' compensation
claim. The law requires that
construction companies ensure a
reasonably safe site, develop and
implement safety programs, inspect each
site for safety compliance, coordinate
job safety, warn of hazards related to
the site and work, and prescribe the
necessary protective equipment. Despite
these regulations, construction site
work remains one of the most dangerous
jobs in the United States today, with
the majority of injuries and fatalities
associated with electrocutions and
falls. Other hazards at construction
sites include dangerous and defective
machines, crane and scaffolding
accidents, mechanical and chemical
handling of compressed gas, logging
accidents, and welding, cutting and
brazing injuries.
On the Job Car and Truck
Accidents
Most on-the-job injuries from
work-related car and truck accidents are
covered, regardless of fault. To be
eligible for workers' compensation
benefits, the worker must have been
injured while working within the scope
of his or her employment. Generally, any
injury suffered by an employee at the
employer's place of business during
working hours qualifies. An injury that
occurs while traveling to and from work
usually does not qualify. However, if
the employer provides transportation to
a work site and the injury occurs while
in route, the injury is within the scope
of employment. Whether an accident
occurs within the scope of employment
depends on how much control the employer
had over the circumstances when the
accident occurred.
If you feel that you have the basis
for a workers' compensation claim,
contact us immediately. Our goal is to
get you the maximum possible settlement
or award for your injuries. Please call
The Law Offices of Richard Flexner at 1-800-FLEXNER
or 910-794-3221,
for your free legal consultation. You
may also contact us through our online
form.
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