Asheville Personal Injury and Workers’ Compensation Attorneys
You’re carrying a box of files up to the second floor of your corporate office and throw out your back. You work in a small shop and the owner asks you to drive out and get office supplies, and you get into an accident. You develop back and wrist problems from the nature of your work or the setup of your desk and chair. On an even more serious note, perhaps you get ill or diagnosed with cancer because of toxins that were inhaled on the job. These are just a few of the scenarios that call for a workers’ compensation attorney to help make sure you’re taken care of. Hensley Cloninger & Greer has been helping people with their workers’ compensation claims for 30 years.
Call (828) 383-8414 or contact us online to set up a free consultation with a seasoned workers comp attorney in Asheville, NC.
Understanding When Workers’ Compensation Benefits Apply
The North Carolina Workers’ Compensation Act mandates that any business with three or more employees have workers’ compensation insurance in place for their employees. Workers’ compensation protects both the employee and the employer.
The employee is protected in that they have a means of support while recovering from an injury. The employer is protected because, generally, an employee who collects workers comp cannot file a personal injury lawsuit. There are exceptions — an employer who deliberately creates unsafe conditions or violates regulations can still be sued. Third-party contractors that might work within the office can be sued. But otherwise, workers’ comp stands in place of personal injury legal action.
In Asheville, workers' compensation claims don't require proving negligence, unlike personal injury lawsuits. Whether or not you’re at fault, if your injury occurred on the job and isn’t due to intoxication or intentional harm, you can file a claim. An experienced Asheville workers comp attorney can help ensure your claim is handled correctly, even if your case involves gray areas or complex issues.
However, some cases can be nuanced. For example, if you have developed back problems due to an ergonomically unsound chair or lung issues from job site toxins, your employer's insurance may challenge the cause based on your medical history (cigarettes and tobacco). An Asheville workers compensation attorney is essential in navigating these disputes and securing the benefits you deserve.
This is why it’s important to proceed with prudence when filing for workers’ compensation. This does not mean backing down from your legitimate right to compensation. It does mean getting checked by a doctor, being careful about what you say to others, and getting sound legal counsel.
Hensley Cloninger & Greer has provided sound legal counsel to the people of Asheville for over 30 years. We can help you navigate the complexities of the workers’ compensation system and fight for the benefits you deserve.
Streamlining Your Workers’ Compensation Claims Process
Navigating the personal injury claims process can be overwhelming, especially when you're dealing with recovery from an injury. At Hensley Cloninger & Greer, P.C., we aim to simplify this process for you. Understanding your rights and the steps involved can empower you to make informed decisions.
Here’s a brief overview of what to expect:
- Consultation: We offer a free initial consultation to discuss your case, assess your situation, and outline your legal options.
- Investigation: Our team will gather evidence, interview witnesses, and collect necessary documentation to build a strong case on your behalf.
- Negotiation: We will negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.
- Litigation (if necessary): If a fair settlement cannot be reached, we are prepared to take your case to court and fight vigorously for your rights.
By understanding each step of the process, you can feel more confident in your journey toward justice and recovery. Our dedicated attorneys are here to guide you every step of the way, ensuring you are informed and supported throughout your case.