Introduction
Many people are left feeling distressed and confused following an injury at work. Most do not even know where to start when it comes to claiming for their workplace injury, and often do not know what they can claim for or how much they will receive. But help is at hand. In this article we will go through some ways in which you, as an employee, can collect the necessary amount of evidence to ensure that you are maximising your workers’ compensation claim. We will also provide you with some tips from personal injury lawyers that will aid you in negotiating with your employer to gain the best possible compensation for your injury.
Understand the Basics of Workers' Compensation Law
The intent of your employee benefits at work are to provide injured employees with money and medical care while they are out of work due to work injuries. Most employees confuse their employee benefits with workers’ compensation. Workers’ compensation benefits are awarded to injured workers whether or not their injury was caused by the negligence of their employer. The following are the major benefits of workers’ compensation as well as some key information about filing a workers’ compensation claim.
- Eligibility: Most employees are covered under workers’ compensation laws. The laws governing workers’ compensation vary from state to state. For example, in North Carolina an employee must notify their employer of an injury within 30 days of the date of injury in order to receive workers’ compensation benefits. In Florida, workers in the construction industry have 30 days from the date of injury to notify their employer of a work related injury in order to receive workers’ compensation benefits.
- Types of Benefits: All medical treatment and physical rehabilitation needed to return to work are covered under workers’ benefits. In addition, benefits are available to replace a portion of the wages that an employee loses while he or she is out of work due to a work related injury. Permanent disability benefits are also available in addition to the above benefits.
- Filing a Claim: A written claim for workers’ compensation benefits must be filed with the NC Department of Labor within one year from the date of injury. In most instances a claim is started by notification to your employer of your workplace injury. Evidence to support your claim for workers’ compensation benefits will often disappear quickly and locating witnesses to support your claim for benefits can become very difficult. This is particularly true for those who travel from job to job in the construction industry.
- Legal Protections: Workers are protected against any type of work retaliation as long as they file a workers’ compensation claim in good faith. This means that they cannot be fired or in any way suffer any disciplinary action including harassment, demotion, layoff or other type of action by their employer as a result of their filing of a workers’ compensation claim for benefits as long as they file their claim in good faith.
At Katz, Narter & Stein, we appreciate the hard work our clients do every day. We speak your language and do our best to get our clients the compensation they deserve. We work on a contingency fee basis, so you pay no upfront fees and only pay a percentage of the award should we win your case. Knowing your workers’ compensation rights will help you get through your case quickly and effectively. And we’re here to help you get back to work as soon as possible.

Leverage the Expertise of Personal Injury Lawyers
Immigrants and others with limited English ability who have suffered a workplace injury need help in obtaining workers’ compensation benefits for their personal accidents. In a previous article, we discussed the benefits of hiring a workers’ compensation lawyer. In this article, we will go into further detail on how to get the best out of your accident lawyer for your workers’ compensation case.
- Initial Consultation - Many personal injury lawyers, including those at Vasquez Law Firm, offer a free initial consultation to discuss the client’s case and provide advice on how best to proceed with respect to the client’s personal accident needs. Our lawyers are bilingual, so we can converse with our Spanish-speaking clients in Spanish if desired.
- He can inform you of the value of your claim: The value of your workers’ compensation claim for personal accident injuries can include current and future medical expenses, lost wages due to your time off work from your job as a result of your accident and injury, and compensation for your pain and suffering as a result of your accident.
- Negotiation Skills: He or she has vast experience with insurance companies and is able to negotiate higher settlements for his or her client’s personal injury claim after a workplace accident. In fact, studies have shown that workers’ compensation claimants who are represented by an attorney receive, on average, $77,600 more than unrepresented claimants, $77,600 - $17,600 = $60,000 more than those who did not have an attorney.
- Negotiation Skills: Most personal injury attorneys have a lot of experience dealing with many different insurance companies. That experience enables them to negotiate higher amounts of settlement for their workplace accident clients than would be offered to an unrepresented workers’ compensation claimant. In fact, a recent study has shown that workers’ compensation claimants who are represented by attorneys receive $77,600 more on average than their unrepresented counterparts. $77,600 - $17,600 = $60,000 more than those who did not have an attorney to represent them in their workers’ compensation claim.
- Litigation Support: At Vasquez Law Firm, we have the skills to effectively advocate for you in front of a judge and jury should your case require litigation. We work hard to present your case effectively to ensure that you receive the greatest possible recovery for your damages.
- Flexible Payment Plans: As personal accident attorneys for workers’ compensation cases for injured at work employees, we understand that the injury to your body can also create financial concerns. For this reason, we offer our workers’ compensation clients flexible payment plans and work on a contingency fee basis. This means that we only get paid for our personal accident services for workers’ compensation cases for injured at work employees if we win your case for you.
- Timeliness: There are time-sensitive issues that can cause great harm if allowed to pass. Evidence can be lost, and simple errors can cost your case and be irreversible. It is best to contact an attorney within 30 days of realizing that your case is serious. We are available 24 hours a day.
Let us help fight for you today.

Gather and Present Strong Evidence for Your Claim
We have dealt with many workers’ compensation claims over the years. Many of our clients have gone through a long and arduous process to receive the workers’ compensation benefits that they deserve. A big part of winning a worker’s compensation case is collecting and presenting proper evidence to prove a worker’s case.
- Medical Records: Collect all records from all of your medical treatment. This would include a complete record of all of your doctor’s visits. Be sure that the doctor’s records outline how your work place injuries cause you trouble outside of work also. Many workers’ compensation claims are denied because there is not sufficient medical evidence to support the claim. In North Carolina alone, up to 20% of workers’ compensation claims are denied for this reason.
- Incident Reports: Find out if your employer completed an incident report for your work injury. Typically these reports outline the work accident for date, time and location. They also list any witnesses to the work accident or work injury. In addition, your worker must report your work injury immediately so that your worker’s compensation claim will be processed properly.
- Witness Statements: Collect written statements from fellow employees, supervisors, and other people who were at the scene of your work place accident or work place injury. Their accounts of what happened will greatly assist in refuting the explanations given by the workers’ compensation insurance company for denying your claim.
- Photographic Evidence: It is also helpful to take photographs of where you were injured, your injuries, and anything else that caused and contributed to the work accident or the resulting work injury. These photographs will greatly assist in establishing the scene of the work accident or injury and therefore help in establishing your work accident or injury claim.
- Documentation of Lost Wages: You must document all of your time missed from work and show proof of the wages that you missed due to your work place injury. This can include pay stubs, letters from your employer and any other correspondence with your employer regarding your time off from work.
Waiting any longer to receive the help you need can be detrimental to your case. We advise all employees to notify their employer of a workplace injury within 30 days from date of injury and to file a formal written claim for workers’ compensation benefits within one year from date of injury. All employees are entitled to receive benefits for short and long term disability, as well as for the cost of their medication and physical therapy, under workers’ compensation, a policy of no fault. Hard working men and women everywhere need and deserve to be protected from unscrupulous employers. Vasquez Law Firm is dedicated to the protection of the interests of hard working men and women everywhere. We offer FREE initial consultations and work on a contingency fee basis, which means that we only get paid for our services if we win your case.

Negotiate Effectively with Insurance Companies
Many work injury claims are settled through negotiation with insurance companies. We have set out some work injury negotiation tips to assist in settling your work injury claim.
- Know Your Claim’s Worth: It is very important to outline all of your medical expenses, all of your lost wages, and all of your pain and suffering in order to establish the work related personal injury claim's worth. This can be compared to other similar personal injury claims in order to establish a negotiation range for settlement of your claim.
- Counter Offer: Just because the insurance company has made an offer for your claim does not mean you have to accept it. We can use evidence from your medical treatment, from incident reports and other documentation to counter offer on your behalf for a higher settlement amount.
- Stay Calm and Be a Pro: While it is normal to feel anger, frustration, and or disappointment during negotiations, keep in mind that the other party will look poorly upon your anger. Therefore, remain calm, professional, and courteous during negotiations to ensure you get the best compensation for your injuries.
- Document Everything: Keep a record of all communication with the insurance company including letters, emails, and phone calls. These will be useful should any disputes arise in the future.
- Consider Legal Representation: If the negotiations with an insurance company start to become complicated or turn into an adversarial process, it is advisable to seek representation by an experienced attorney that deals with cases of work related personal injury including third-party claims against the employer of the party at fault in a workplace accident. Vasquez Law Firm is an injury law firm that is committed to representing and serving the best interests of its clients that have suffered an injury. We are experienced personal injury attorneys that work on a contingency fee basis which means that we do not charge any attorney’s fees unless we obtain money for you in your case. We offer free initial injury consultations and have a variety of payment plans that we can discuss with you to accommodate your financial circumstances.
Compensation for your injury is within your reach.

Conclusion
Personal injury lawyers can guide their clients through the process to properly receive compensation for their work-related injury. The system of workers’ compensation was created to protect the employees suffering workplace injuries, but can be confusing and difficult to receive the proper benefits.
This video outlines the main points of seeking benefits under the workers’ compensation laws, the proof needed to grant a worker’s claim and how a worker can be best represented by a personal injury attorney.
While a workplace injury can be very painful, it can also be very healing and just if you receive proper legal assistance to negotiate your workers compensation rights.
Frequently Asked Questions
What is the purpose of workers' compensation law?
Workers' compensation law is designed to provide injured employees with money and medical care while they are unable to work due to work-related injuries.
How does workers' compensation differ from employee benefits?
Workers' compensation benefits are awarded to injured workers regardless of whether their injury was caused by their employer's negligence, while employee benefits may not cover all work-related injuries.
Who is eligible for workers' compensation benefits?
Most employees are covered under workers' compensation laws, but eligibility can vary by state. For instance, in North Carolina, employees must notify their employer of an injury within 30 days to receive benefits.
What types of benefits are available under workers' compensation?
Workers' compensation covers all necessary medical treatment and physical rehabilitation, as well as a portion of lost wages due to work-related injuries. Permanent disability benefits may also be available.
How do I file a workers' compensation claim?
To file a claim, a written request must be submitted to the appropriate state department (e.g., NC Department of Labor) within one year from the date of injury, typically starting with notifying your employer.
Why is it important to act quickly when filing a claim?
Evidence supporting a workers' compensation claim can quickly disappear, and finding witnesses may become difficult, especially for those in industries like construction that involve frequent job changes.
What legal protections do workers have when filing a claim?
Workers are protected against retaliation from their employer for filing a workers' compensation claim in good faith, meaning they cannot be fired or face disciplinary actions as a result.
How can legal assistance help with workers' compensation claims?
Legal assistance can help ensure that workers understand their rights and navigate the claims process effectively. Some firms work on a contingency fee basis, meaning clients pay no upfront fees and only a percentage of the award if the case is won.
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- Negotiate Effectively with Insurance Companies
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