Workplace Accident Law

Workplace accidents can lead to severe injuries, and in tragic cases, death. North Carolina workers are entitled to compensation for medical expenses, lost wages, and rehabilitation through worker’s compensation benefits. In the event of a fatal accident, surviving family members may pursue wrongful death claims. At Garry Whitaker Law, P.C., we help injured workers and their families navigate the complexities of worker’s compensation and wrongful death claims, ensuring they receive the financial support they deserve.

How We Can Help

At Garry Whitaker Law, P.C., we are dedicated to helping injured workers receive the compensation and benefits they deserve. We assist with filing worker’s compensation claims, appealing denied claims, and pursuing Social Security Disability benefits when necessary. If your workplace accident results in a wrongful death, we will guide your family through the legal process, seeking the full compensation you’re entitled to. We handle the legal complexities so that you can focus on recovery.

What Is Worker’s Compensation?

Worker’s compensation is a form of insurance that provides benefits to employees who suffer injuries on the job. In North Carolina, these benefits cover medical expenses, lost wages, and rehabilitation. Worker’s compensation operates on a no-fault basis, meaning that even if the worker is partially responsible for the accident, they may still receive benefits. If your injury is severe and prevents you from returning to work, you may also qualify for Social Security Disability benefits. Garry Whitaker Law can guide you through the claims process to secure the benefits you are entitled to.

Injuries and Wrongful Death in the Workplace

Workplace injuries can range from minor to catastrophic, including falls, machinery accidents, and exposure to hazardous materials. In cases where a worker tragically dies due to a workplace accident, their family may pursue a wrongful death claim. This type of claim provides compensation for lost earnings. Garry Whitaker Law represents injured workers and grieving families, ensuring they receive justice and the financial recovery needed to move forward.

Types of Workplace Accidents We Handle

  • Industrial Accidents: Manufacturing, warehouse and logistics jobs can involve dangerous machinery and hazardous materials. If you’ve been injured in an industrial accident, we ensure you receive the benefits you need for recovery.
  • Occupational Injuries and Diseases: We represent workers who have suffered from workplace-related injuries or illnesses, ensuring they receive proper compensation and medical benefits for recovery.
  • Construction Accidents: Falls, scaffolding accidents, and equipment malfunctions are common on construction sites. We help injured workers seek compensation for medical treatment and lost wages.
  • Office and Retail Accidents: Even seemingly safe workplaces like offices and retail stores can pose risks, such as slip and falls or repetitive strain injuries. We pursue claims to help workers cover their medical bills and missed work.
  • Workplace Vehicle Accidents: If you’ve been injured in a vehicle accident while on the job, we help ensure that worker’s compensation covers your medical care and rehabilitation.

Determining Liability in Workplace Accident Cases

In most workplace accidents, worker’s compensation is the primary source of benefits. However, if a third party (such as a subcontractor or equipment manufacturer) is responsible for the injury, you may also have the option to file a personal injury claim. Establishing liability requires investigating the cause of the accident and determining whether a third party’s negligence played a role. Garry Whitaker Law carefully examines each case to ensure all responsible parties are held accountable.

The Long-Term Impact of Workplace Injuries

Workplace injuries can have long-term effects, including permanent disability, chronic pain, or the inability to return to work. These injuries often require extensive medical treatment and rehabilitation. We recover for you compensation for ongoing medical expenses and lost weekly earnings as allowed under the Workers Compensation Act. For families who lose a loved one in a workplace accident, the emotional and financial toll can be overwhelming.

Assessing Your Case’s Value

Worker’s compensation includes medical benefits for you and payments to you for a portion of your lost wages, but for severe injuries or wrongful death, additional compensation may be sought. At Garry Whitaker Law, we carefully assess each case, ensuring that you receive full compensation for your injury or loss.

Client Testimonials

Our clients' success stories speak for themselves.

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"I met Mr. Whitaker Dec 18,2023. Mr. Whitaker and Abigail both were very friendly and went to work on my settlement. Thank you both Mr .Whitaker and Abigail for your hard work… 19 months later we won. Thank you both. Good meeting you and working with this on this case. I really appreciate you taking my case and I would refer you to my friends." - Libby Harkey

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"Garry Whitaker has been my attorney for the past 14 years and has always done everything he said he would and everything I asked him to. I am very please with his ability and concern for me and my family. I DO recommend him not only to my family members but anyone who asks me if I know a good attorney. Thank you Garry for everything you done for me and my family." - Randy Frenette

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"I was hesitant about contacting a lawyer about my accident but I don't regret calling Gary Whitaker. He was always informative and gave me choices all during the process of my case. It took some time but the outcome was well worth the wait. I would recommend him to anyone." - Duane Stack

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"Mr. Whitaker handled my case great. He talked to me and always told me my options during my case. He was truly there for me if I had questions he made time to answer them. I'm satisfied with the outcome of my case. If I ever needed an attorney again I would most definitely use him again." - Alan Sparks

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"I was in a car accident and the insurance company offered me almost nothing. Attorney Whitaker was the first attorney that I contacted. I chose him after an initial consultation because he was very upfront and honest. I also chose him because he wasn’t one of the larger law firms where my case would simply be, just another case. He worked my claim and negotiated a settlement that I was comfortable with. He didn’t let me down and was everything that I expected from an attorney. I’ll definitely use him again." - Tanya Martin

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"I am very well pleased with Mr. Whitaker! He has always been attentive to my needs. He kept me well informed during my process and I am SO pleased with the outcome of my case. I will refer all of my family and friends to Mr. Whitaker." - Tony Giles

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"I was referred to Garry Whitaker by a friend when I felt lost in the system with no where to turn. Mr. Whitaker gave me peace of mind to navigate through my medical issues knowing that my legal issues were in the best of hands. I experienced a very positive outcome and now I'm the one with the privilege to recommend Garry Whitaker to others." - Debbie Hensley

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"Was so great working with Garry on my workers comp case. Must admit I did contact another on TV attorney. And they wouldn't take the case Garry got me more than I was expecting ....will tell all my friends." - Stephen Colburn

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"He was very helpful and worked very hard for me. I would tell everyone to have Gary Whitaker because he is great." - Bonnie Keller

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"Garry is an exceptional attorney. He has given me the best legal advice I could ever ask for. He is honest and genuine and best of all he knows what he is talking about." - Duncan Shinn

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"Garry is a great attorney. He cares tremendously about his clients and is a true advocate. I highly recommend him for personal injury cases." - Keith Dyer

FAQs

At Garry Whitaker Law, P.C., we understand that workplace accidents and worker’s compensation claims can raise many questions. Below, we’ve answered some of the most common questions workers and their families ask. Every case is different, so we encourage you to seek personalized advice based on your specific situation.

1. How long do I have to file a worker’s compensation claim in North Carolina?

In North Carolina, you must file a worker’s compensation claim within two years of the date of injury or diagnosis of the work-related condition.

2. What benefits are covered by worker’s compensation?

Worker’s compensation benefits cover medical expenses, a portion of lost wages, and rehabilitation costs. In cases of permanent disability, additional benefits may be available.

3. Can I file a wrongful death claim if my loved one died in a workplace accident?

Yes, families may file a wrongful death claim if a loved one’s death resulted from a workplace accident. Compensation may cover funeral expenses, lost future income, and emotional suffering.

4. What if my worker’s compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. Garry Whitaker Law can help you navigate the appeals process to ensure you receive the benefits you deserve.

5. Can I pursue additional compensation beyond worker’s compensation?

In some cases, if a third party (such as a driver of an automobile, a manufacturer or a subcontractor) was responsible for your injury, you may be able to file a personal injury claim in addition to receiving worker’s compensation benefits.

Still have questions?

If you need more information about workplace accidents, worker’s compensation, or wrongful death claims, we’re here to help. Take action now to protect your rights and secure the compensation you and your family deserve. Contact Garry Whitaker Law, P.C. for a free consultation, and let us fight for justice on your behalf.

Contact

We’re here to help you with your legal needs.

[email protected]

Phone

Call us for immediate assistance.

(336) 777-1195

Location

Visit us at our Winston-Salem office.

One N. Marshall St, Winston-Salem, NC 27101