Workers Compensation

When you don’t know what to do, turn to someone who does.

Brian Elston Law is a personal injury attorney in Asheville, NC and is dedicated to fighting for the people who need it most. Our team is ready to take on your case in a variety of matters from personal injury, to workers comp, wrongful death, employment law, civil litigation, and more.

Injured at work: Workers’ Compensation Lawyer.

Brian Elston Law was founded to help those that have suffered an injury on the job. Prior to becoming an attorney, Brian Elston worked for an insurance company as an adjuster handling workers’ comp claims. This experience taught him not only the workers’ comp system, but the importance of having a workers’ comp lawyer on an injured employee’s side.

First, unlike other accidents, injuries that are arising out of and in the course of employment fall under the Workers’ Compensation Act. Claims are governed by Chapter 97 of the North Carolina General Statutes and the administrative rules under Chapter 10 of title 4 to the North Carolina Administrative Code. As an adjuster, Brian learned the practical application of these rules and regulations in handling hundreds of claims.

Second, clients need someone with experience in order to evaluate whether they are being treated fairly and in accordance with the law. Since handling claims on behalf of an insurance company, Brian’s experience includes:

  • Representing clients whose claims have been denied;
  • Evaluating offers and negotiating settlements;
  • Reinstating benefits for clients;
  • Calculating client’s compensation rate; and
  • Ensuring the employer is following the client’s medical restrictions in their employment.

Because each claim is different, it is impossible to list each fact-specific scenario our firm has helped a client through.

Regardless of the employment scenario, our firm realizes that an injury at work not only effects the employee, but also their family and finances. We understand that an injury at work does not stop the bills at home. Accordingly, we apply a proactive approach to ensure that our client is receiving the fullest protection under the workers’ compensation system and answers to their questions.

If you’ve suffered an injury at work, or have questions about the workers’ compensation system, such as:

  • Who pays for my doctor’s bills?
  • Can I go back to work?
  • How much insurance coverage is out there?
  • What is my claim worth?

For examples of those that we’ve helped, please see “Our Results.”

Asheville Workers Comp Attorney.

Workers’ compensation is a serious issue that can affect everyone. North Carolina state laws protect workers from being victims of accidents due to lost wages from time off to recover, ever growing medical bills, continued pain and suffering at the workplace, and
more. You’re probably wondering how an attorney can help you assert your rights in these types of situations. We’re here to help.

Fortunately Brian Elston can represent as a Western North Carolina Personal Injury Attorney in your workers compensation claims. We have the knowledge, experience, and expertise to assist you with

  • Permanent Disability
  • Temporary Disability
  • Workplace Injuries
  • Lost Wages
  • Medical Bills

Call or Text to request a consultation – 828-575-9700

North Carolina Workers Compensation Act

The Workers’ Compensation Act of 1929 was legislation enacted in North Carolina to provide rights and assistance for workers who became victims of accidents and injuries while working. Prior to 1929, proving your job was responsible for your injury involved a lengthy court battle, often with employers having teams of attorneys ready to fight the case. You can view the laws here. The workers compensation act allows workers to receive compensation for any accidental injury without a trial. The laws protect workers by requiring most employers to carry insurance that will cover accidental injuries. Business required to carry workers compensation insurance include:

  • All businesses with 3 or more employees.
  • Anyone who employes 10 or more full time domestic workers

The legislation doesn’t guarantee that you will receive compensation. We’re ready to take your case. The laws are very complex and confusing for most people. We can help you assert your legal rights and protection under the law. We’ll make it easy to understand your rights and what you’re entitled to.

Temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, permanent and total disability benefits, workers’ compensation settlements and death benefits are governed by statutes specific to North Carolina, and every state is different. When a claim is denied, the process can get even more complicated.

Were you a dependent of a worker killed on the job? If so, you may be able to get benefits from the employers insurance company. Contact us to discuss your rights.

It’s important to know that workers compensation insurance adjusters are not on your side. They work for the insurance company and get paid to save that business money. They will stop at nothing to deny your claim. If you’ve already talked with an adjuster, it may seem like it is their job to explain your rights and what you’re due, and we can assure that person is a wolf in sheep’s clothing. Get the Brian Elston Law on your side.

Benefits from workers compensation fall under three main categories:

Wage replacement.

North Carolina law ensures that an injured worker unable to work is entitled to two thirds of their average weekly wage or salary. These benefits will be paid to the worker until they are able to return to work. Workers compensation benefits are not taxed.

Payment of all related medical expenses.

North Carolina workers compensation law requires the employer to pay all medical expenses related to the worker’s accident or occupational disease. The employer is required to pay 100% of the approved medical bills. The medical providers cannot charge the injured worker directly for these medical services.

Compensation for permanent impairment.

North Carolina workers compensation law requires the employer to pay the injured worker for any permanent impairment of a part of the body. The amount of benefits to be paid for an impaired body part depends upon the part of the body that is impaired and the degree and extent of impairment.

In addition, North Carolina’s workers’ compensation law provides other benefits to injured workers. Our Asheville workers’ comp lawyers will answer your questions and, in an appropriate case, will help you obtain a substantial settlement for your claim. Among the questions our workers’ comp lawyers answer:

  • Am I entitled to a workers comp claim?
  • How much can I earn while on workers compensation?
  • How long can I claim the benefits?
  • What medical expenses are covered by my employer?
  • Do I need a an attorney?
  • How do I choose the right lawyer?
  • How do I deal with doctors?
  • How do I deal with vocational rehabilitation counselors?
  • What can I do to protect my claim?
  • How do I handle a job interview when
  • I’m receiving benefits?
  • Should I worry about a private detective or claims adjuster?
  • Should I or can I go back to work?
  • What kind of work can I do after I recover?


Advocating for Workers’ rights

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