Personal Injury Lawyer
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Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

What If I Was at Fault for an Injury I Sustained on the Job? Am I Still Eligible for Workers' Compensation Benefits?

HouseConstruction_07312014According to Attorney Barry Jennings, a North Carolina Board Certified Specialist in Workers' Compensation Law, it does not matter if an injury you sustained while working on the job was your fault because, in North Carolina, workers' compensation claims do not consider negligence when determining benefits.

The workers' compensation system in North Carolina is considered "no fault," and you may still be entitled to workers' compensation benefits even if you contributed to the accident. The major exception to this rule is if you are intoxicated at the time of the accident.

Other factors could reduce the amount of workers' compensation you are awarded, such as willful disobeying of a safety rule.

No matter how you were injured on the job, it is important to notify your employer and to seek medical care immediately. Even if it was a minor injury, it is still a good idea to see a doctor to have your injuries evaluated. Some major injuries may not seem severe at first, and delaying treatment can make recovery more difficult.

It is also important to consult with a workers' compensation attorney if you have been injured on the job. Every case is different, and an experienced North Carolina workers' compensation attorney can advise you on your legal rights if you have been injured on the job and may be able to help you get the full benefits that you may deserve under the law.

If you have been injured on the job, call the Law Offices of James Scott Farrin at 1-866-900-7078 right now for a free evaluation of your case and to find out how one of our North Carolina workers' compensation lawyers may be able to help you.

N.C. Court of Appeals Upholds Worker’s Right to Attorney Fees

A recent N.C. Court of Appeals ruling upheld a finding by the N.C. Industrial Commission to award attorney fees to a permanently disabled worker who contracted asbestosis and silicosis as a result of his employment.

The N.C. Industrial Commission ruled on the case involving FMC Corporation and an employee. In October 2011, the N.C. Industrial Commission found that the man had been "permanently and totally disabled as a result of his asbestosis" as of June 18, 2006.

Paperwork5_07312014The commission awarded the man permanent total disability benefits at a rate of $730 per week for the remainder of his life. The man was also awarded "a reasonable attorney's fee of $12,000, not to be deducted from the sums due to Plaintiff."

The defendant, FMC Corporation, appealed the decision to award attorney's fees, citing N.C. General Statute 97-88.1, which states that if the Industrial Commission finds that a case "has been brought, prosecuted, or defended without reasonable ground, it may assess the whole cost of the proceedings including reasonable fees for defendant's attorney or plaintiff's attorney." FMC Corporation contended that the case was defended on reasonable grounds, and therefore, it should not have to pay attorney fees.

The N.C. Court of Appeals reviewed testimony presented about the man's injuries and concluded that "the expert medical testimony in this case demonstrates that there was no genuine basis for Defendant's denial or defense of Plaintiff's claim."

Accident Highlights Need to Protect Your Workers Compensation Rights

Crossing8_07152014Last week, a truck driver who was walking on a highway entrance ramp while on the job was hit by another driver and was taken to the hospital in critical condition.

The truck driver, an Apex man, was delivering a replacement cab to a transport truck that had broken down near the Jones Sausage Road interchange with I-40. As he was trying to cross the highway, the driver of a Mitsubishi struck him.

At the end of the day, the truck driver was still listed in critical condition.

No charges were filed against the driver of the Mitsubishi.

Experienced Legal Representation

Accidents such as these that occur on the job can lead to serious or even fatal injuries. Workers who are involved in these accidents may be entitled to compensation under the law for their injuries and other losses - even if no charges were filed in the case.

The Apex truck driver who was hit by a car may face serious, long-lasting health problems as a result of his accident, and he may lose work and have to pay thousands of dollars in medical bills.

Whether you were hit by a car, fell on the job, or were injured by work equipment, your employer may be liable for providing compensation. An experienced North Carolina workers' compensation lawyer at the Law Offices of James Scott Farrin may be able to help you! Call 1-866-900-7078 for a free case evaluation.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078