Workers' Compensation Lawyer in Smithfield, NC
Injured at work in Smithfield or Johnston County? Get the benefits you deserve. Experienced workers' compensation attorney fighting for agricultural workers, manufacturing employees, and all workplace injury victims.
Smithfield Office
Serving Johnston County
No Win, No Fee
25% contingency fee
All Industries
Agriculture to manufacturing
20+ Years Experience
Millions in benefits recovered
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Workers' Compensation Services in Smithfield
Initial Claims
- Filing workers' compensation claims
- Medical benefit applications
- Wage replacement claims
- Disability evaluations
- Vocational rehabilitation
Denied Claims Appeals
- Industrial Commission hearings
- Medical opinion disputes
- Benefit termination appeals
- Independent medical exams
- Settlement negotiations
Third-Party Claims
- Equipment manufacturer liability
- Contractor negligence claims
- Property owner liability
- Vehicle accident claims
- Toxic exposure cases
Occupational Diseases
- Repetitive motion injuries
- Hearing loss claims
- Respiratory conditions
- Chemical exposure diseases
- Stress-related conditions
Workers' Compensation in Johnston County Industries
Agricultural Operations
Johnston County's agricultural sector employs thousands in crop production, livestock operations, and food processing. Common hazards include:
- • Tractor and heavy equipment accidents
- • Chemical and pesticide exposure
- • Animal-related injuries
- • Heat-related illnesses
- • Repetitive motion from harvesting
Manufacturing & Industry
Smithfield area manufacturing includes food processing, textiles, and various industrial operations:
- • Assembly line injuries
- • Machine operator accidents
- • Cuts and lacerations
- • Back injuries from lifting
- • Chemical burns and exposure
Construction & Infrastructure
Johnston County's growth brings construction risks including falls from heights, electrical accidents, equipment injuries, and structural collapses. We understand the unique challenges facing construction workers and their families when workplace accidents occur.
Common Workplace Injuries in Smithfield Area
Acute Injuries
- • Cuts and lacerations
- • Burns and scalds
- • Fractures and breaks
- • Eye injuries
- • Crushing injuries
- • Electrical injuries
Repetitive Stress Injuries
- • Carpal tunnel syndrome
- • Tendonitis
- • Back strain and injury
- • Shoulder impingement
- • Knee and joint problems
- • Neck and spine issues
Occupational Diseases
- • Hearing loss
- • Respiratory conditions
- • Skin diseases
- • Cancer from exposure
- • Neurological disorders
- • Heart conditions
North Carolina Workers' Compensation Laws
Coverage Requirements
North Carolina requires employers with 3 or more employees to carry workers' compensation insurance. Agricultural employers must have coverage with 10 or more seasonal employees or 3 or more regular employees. Construction companies must have coverage for any employees.
Benefit Types
- • Medical expenses (100% coverage)
- • Wage replacement (2/3 of average wage)
- • Permanent disability compensation
- • Vocational rehabilitation
- • Death benefits for survivors
Important Deadlines
- • Report injury: 30 days to employer
- • File claim: 2 years from injury
- • Appeal denial: 30 days
- • Request hearing: Various deadlines
- • Medical treatment: No time limit
Workers' Compensation Claims Process
Report Your Injury
Immediately report your workplace injury to your supervisor or HR department. North Carolina law requires reporting within 30 days to preserve your rights. Seek medical attention promptly.
File Your Claim
Complete Form 18 (Notice of Accident) and submit it to the North Carolina Industrial Commission. We help ensure all paperwork is properly completed and filed within deadlines.
Medical Treatment
Attend all medical appointments and follow treatment plans. Your employer or their insurance company initially chooses your doctor, but you have rights to seek additional opinions.
Benefit Determination
The insurance company reviews your claim and determines benefits. If your claim is denied or benefits are inadequate, we can appeal the decision and fight for proper compensation.
Resolution
Work toward maximum medical improvement and fair resolution. This may involve settlement negotiations, hearings before the Industrial Commission, or ongoing benefit management.
Frequently Asked Questions
What should I do if I'm injured at work in Smithfield?
Report the injury to your employer immediately, seek medical attention, and document everything. North Carolina law requires you to report workplace injuries within 30 days to preserve your workers' compensation rights.
Are agricultural workers in Johnston County covered by workers' compensation?
Yes, agricultural employers with 10 or more seasonal employees or 3 or more regular employees must carry workers' compensation insurance in North Carolina. This covers many of Johnston County's farm operations.
What benefits can I receive for a work injury in North Carolina?
North Carolina workers' compensation provides medical benefits, wage replacement (typically 2/3 of average weekly wage), vocational rehabilitation, and disability compensation based on the extent of your injury.
How long do I have to file a workers' compensation claim in NC?
You must file a claim with the North Carolina Industrial Commission within 2 years of your injury or last compensation payment. However, you should report the injury to your employer within 30 days.
Can I sue my employer for a workplace injury in Smithfield?
Generally no, workers' compensation is an exclusive remedy. However, you may sue third parties who caused your injury, such as equipment manufacturers, contractors, or other companies at your worksite.
What if my workers' compensation claim is denied in Johnston County?
You can appeal the denial to the North Carolina Industrial Commission. You have 30 days to request a hearing. Having an attorney significantly improves your chances of overturning a wrongful denial.
Are independent contractors covered by workers' compensation?
True independent contractors are not covered by workers' compensation. However, many workers classified as independent contractors are actually employees and should be covered. This determination depends on specific work conditions.
What types of workplace injuries are common in Johnston County?
Common injuries include agricultural equipment accidents, construction falls, manufacturing injuries, back strains from lifting, cuts and lacerations, and repetitive motion injuries from factory work.
Can I choose my own doctor for a work injury in North Carolina?
Initially, your employer or their insurance company chooses your doctor. However, you can request a one-time change of physician, and you may have additional options if your employer doesn't designate a specific doctor.
Injured at Work in Smithfield? Get Help Now
Don't let insurance companies deny your benefits. Get experienced legal representation that fights for the workers' compensation benefits you deserve.
Vasquez Law Firm, PLLC - Smithfield
612 S. Bright Leaf Blvd
Smithfield, NC 27577
(919) 939-1000
Free Consultation
smithfield@vasquezlawfirm.com
Workers' Comp Specialists
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