Personal Injury & Workers' Compensation

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What Is Personal Injury Law?

Are you an injured victim seeking compensation? We can help! Personal Injury law involves situations where someone is injured because of another person or company’s negligence or wrongdoing. The main goal of Personal Injury claims is to recover money (“damages”) for things like medical bills, lost wages, pain and suffering, rehabilitation costs, property damage, and future medical care.

Common Personal Injury cases include:

Car/Truck Accidents
Slip & Falls/Premises Liability
Medical Malpractice
Defective Products

Car accidents are some of the most common Personal Injury cases. At The Law Offices of Peter D. Isakoff, we understand that a car accident is stressful for you, and we’re here to guide you every step of the way. If you’re a car accident victim, you have the right to seek medical treatment and pursue compensation from the at-fault driver.

Most Personal Injury claims are first handled by making claims with insurance companies. The insurance claims adjusting process is complicated. And despite what they may say, insurance companies aren’t generally on your side. Insurance adjusters frequently dispute fault, question the necessity of medical treatment, doubt the severity of claims, delay and deny claims, and aggressively negotiate with “low ball” offers.

This is why many injured people hire Personal Injury lawyers. A skilled Personal Injury lawyer uses their knowledge and experience to advocate for you with insurance companies and successfully navigate your claim through the insurance claims adjusting process.

Most Personal Injury cases settle. But if insurance negotiations fail, you may need to file a lawsuit in Court. Litigation can be a lengthy process lasting a year or more. The litigation process typically involves filing a lawsuit, exchanging evidence in discovery, taking depositions of relevant witnesses and experts, mediation, and eventually going to trial. Because of this legal complexity, it’s a very good idea to have a lawyer if your Personal Injury case goes to Court.

What is North Carolina Workers' Compensation Law?

If you’re hurt on the job, then you may have Workers’ Compensation rights and claims. In North Carolina, employees injured at work generally have the right to:

Medical treatment
Wage replacement benefits
Disability compensation
Vocational rehabilitation
Compensation for permanent impairment

The North Carolina Workers’ Compensation Act, N.C. Gen. Stat. § 97-1, et seq., provides these statutory benefits to employees injured on the job. This Workers’ Compensation system is designed to provide medical care for injured workers, replace lost wages, and compensate for employee disability.

Under the North Carolina Workers’ Compensation Act, most employers with three or more employees must carry Workers’ Compensation insurance or qualify as self-insured. Failure to carry Workers’ Compensation insurance coverage can lead to civil penalties, criminal liability, and liability for injury costs. Thus, most NC employers carry Workers’ Compensation insurance that covers injured workers’ medical expenses, disability benefits, and lost wages.

The North Carolina Industrial Commission is the state agency that administers and oversees Workers’ Compensation claims in North Carolina. Its responsibilities include: (1) Resolving disputes between workers and employers; (2) Conducting Workers’ Compensation hearings; (3) Approving Workers’ Compensation settlements; and (4) Enforcing Workers’ Compensation laws.

The N.C. Workers’ Compensation claim administration process is complicated. Some common challenges include:

Complex paperwork, forms, and deadlines
Pressure to return to work too early
Disputes over necessity of medical treatment
Disagreements about disability ratings
Claim denials

If a claim is disputed or denied, then the N.C. Industrial Commission may hold hearings similar to Court proceedings. Unlike Personal Injury claims, Workers’ Compensation usually does not require proving employer negligence. Also unlike Personal Injury claims, Workers’ Compensation does not allow for the recovery of "pain and suffering.”

Especially if your Workers’ Compensation claim proceeds to N.C. Industrial Commission hearing, it is a good idea to hire a Workers’ Compensation lawyer. For N.C. Workers’ Compensation cases, lawyers’ contingency fees are typically 25% of any money recovered, based on N.C. statutes.

Why you need a lawyer for your Personal Injury or Workers' Compensation Case

Insurance companies have teams of defense lawyers on call. When it’s your Personal Injury or Workers’ Compensation claim on the line, you want a trusted legal advocate on your side to “level the playing field.” Many Personal Injury and Workers’ Compensation lawyers work on a Contingency Fee basis, meaning they only get paid if their clients recover money.

Hiring a skilled lawyer protects your legal rights and maximizes your compensation. Specifically, a trusted and experienced lawyer helps your Personal Injury or Workers’ Compensation case by:

Investigating your accident
Collecting and preserving evidence/medical records
Determining who is legally responsible
Calculating the full extent of your damages
Submitting your insurance paperwork properly
Ensuring all deadlines are met
Preventing insurance delays
Handling insurance negotiations
Challenging insurance claim denials
Filing lawsuits, when needed
Preparing your case for trial/hearing
Coordinating with medical offices and medical experts
Collecting and negotiating your medical bills
Representing you in Court/hearing, if necessary
Maximizing the monetary benefits you receive

Generally, Personal Injury claims are filed in civil Court for trial, and Workers’ Compensation claims are filed before the N.C. Industrial Commission for hearing. Especially if your case goes to trial or hearing, hiring a lawyer is crucial to your success. In those situations, your lawyer will advocate for you and help you navigate complex legal procedures.

In sum, both Personal Injury and Workers’ Compensation laws exist to help people recover financially after injuries. But the insurance claims adjusting process is complicated and favors large insurance companies with defense lawyers on call. Hiring a skilled and experienced lawyer helps you protect your rights and obtain fair and whole compensation for your injuries.

The Law Offices of Peter D. Isakoff regularly handles Personal Injury & Workers’ Compensation cases for clients on a Contingency Fee basis. We fight hard to get our clients paid fairly and wholly for their injuries, and we’ll take your claims to Court if needed. For help with your Personal Injury or Workers’ Compensation case, please contact The Law Offices of Peter Isakoff anytime, day or night, at (336) 863-8348 (Main) or (336) 864-9115 (Español).

DISCLAIMER: The information in this article is provided for informational purposes only. It is not offered as and does not constitute legal advice. The accuracy of the information may change pending changes in applicable law. If you have questions about a specific matter, you should contact a lawyer. The use of this article or any information provided in it does not establish any lawyer/client relationship.