Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”
Are you ready to return to work following a workers’ compensation claim, but unsure how to get started? Fortunately, the experienced team at Arnold & Smith, PLLC can help. There are a variety of reasons why you may have filed a workers’ compensation claim, and we want you to know that no matter the reason, you have options and rights when it comes to returning to the workforce after you recover. Whether you had a slip-and-fall incident, were injured in an auto accident, or were the victim of medical malpractice, there are steps available to help you get back to work.
For people with workers’ compensation claims, looking for a new job is not always easy, especially if your accident left you with a permanent disability. When searching for a job, most would want one that offers the same level of responsibility, comparable raises, benefits, promotions, and wages. Fortunately, the team at Arnold & Smith, PLLC has a proven track record of helping workers with workers’ compensation claims transition back into the workforce. Oftentimes, to be successful, we recommend the following steps and programs:
Education and Training
When returning to the workforce after recovering from an accident, you may have to learn new skills via training or even obtain a degree or certification. This is especially true for workers who never went to college but were working high-paying jobs before their accidents. These types of workers are often loyal and likely spent decades working for their employer and climbing the company ladder before stepping out of the workforce to recover.
Unfortunately, nowadays, when a worker cannot return to that high-paying job after their accident, it may be hard to find another similar job with similar pay and benefits with training and education. The same can be said for workers who, because of their accident, cannot return to the same field of work. Fortunately, many university and technical colleges offer re-training programs and more and more employers are beginning to offer on-the-job training and certification programs for their employees.
Under the laws of North Carolina, employers are obligated to have suitable jobs for sick or injured workers. If this is not possible, the insurer must continue to pay for weekly disability benefits or offer vocational rehabilitation opportunities. Vocational rehabilitation allows workers to develop resumes, complete applications, schedule job interviews, and find available jobs. Additionally, insurers must cover any associated costs, including travel to and from job interviews if the worker lacks a means of transportation.
Return to Work on a Trial Basis
Perhaps you do not feel confident in your ability to return to work or you are worried you will not be able to carry out your responsibilities due to your injury or disability. Fortunately, many employers offer workers’ compensation employees the ability to return to work on a trial basis. Trial runs allow employees to get experience trying out jobs that they may have only read about in a job description. During a trial run, workers can see firsthand just how much physical activity may be required, including stooping, lifting, bending, climbing, and reaching. That said, there is a right and wrong way to sign up for a trial run. Doing so the wrong way may end up jeopardizing your chances of receiving disability benefits. That is another area where the team at Arnold & Smith, PLLC can help. We have experience helping workers’ compensation victims navigate the process of securing a trial-basis return to work.
If you are trying to return to work following a workers’ compensation claim and do not know where to start, let our team know. Our dedicated team of attorneys is standing by to help you find a new job. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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