What To Do If You’re Injured Working at FedEx
You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
Charlotte Workers’ Compensation Attorneys
We are Fighting for Injured Workers in NC
If you’ve been injured on the job in Charlotte, NC, you need an experienced workers’ compensation lawyer who will fight for the benefits you deserve. At Sumwalt Anderson & Spence, our Charlotte workers’ comp attorneys have helped injured workers across North Carolina navigate the complex claims process for over four decades.
North Carolina workers’ comp insurance is intended to provide medical, rehabilitation and income benefits for workplace-related injuries, but benefit awards are often disputed or denied by employers and their insurance companies. Since premiums and costs go up when benefits are paid out, employers often do everything possible to avoid, deny or underpay claims. In addition, the rules and procedures for getting workers’ comp in North Carolina are complicated, and making mistakes in filing your claim or saying or doing the wrong thing can result in your claim being denied.
Fortunately, if you were injured on the job, the Charlotte workers’ comp lawyers at the Sumwalt Anderson & Spence Law Firm can help you get the benefits you deserve. We make sure your claim is filed correctly, in a timely manner, and in accordance with the law from the beginning. We can often reverse initial benefit denials and clear up mistakes and misunderstandings. If you’re in Greensboro or the Triad, you might prefer to speak with a specialized workers’ comp lawyer in Greensboro.
Our workers’ compensation attorneys offer a free consultation to discuss the circumstances of your case and determine the best way to proceed, so call us today at (704) 377-3770 to get started.
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Mr. Rick Anderson and staff, particularly Melissa, were professional and welcoming. Mr. Anderson prepared us for each phase of... Read More
JoAndrea Costner
November 19, 2021 -
Rick Anderson is the best of the best! In 2017, my mother and I were in a very terrible car accident... Read More
Tina Dadio
July 19, 2022 -
I did not know where to turn to begin a WC claim until a friend referred me to Sumwalt Anderson... Read More
Donna Williams
October 8, 2025
Charlotte, North Carolina
Workers’ Compensation Attorney in Charlotte
North Carolina workers’ comp law is complicated. Let our experienced attorneys guide you.
North Carolina law generally requires businesses with three or more employees to carry workers’ compensation insurance, with some exceptions for casual, domestic, and farm workers, as well as trucking companies and employees of the federal government or railroads. North Carolina law also requires coverage for certain trucking owners and operators, even if the operator is an independent contractor. The North Carolina Industrial Commission (NCIC) is the state agency that handles workers’ comp claims under North Carolina’s Workers’ Compensation Act (Chapter 97 of the North Carolina General Laws).
42+
Years representing injured workers
Board Certified
NC Specialist in Workers’ Compensation Law
1000s
Workers’ comp cases handled across NC
$0
Up front. Free consult, contingency fee
What You May Be Owed
Benefits Available Under NC Workers’ Comp
Depending on your injury, you may be entitled to several types of benefits.
Wage Loss Benefits
Covers periods when your doctor holds you out of work or assigns restrictions your employer cannot accommodate.
Medical Bills
Payment of the medical bills related to your work injury.
Permanent Injury
Compensation for a permanent injury or impairment that does not fully heal.
Mileage Reimbursement
Mileage to and from medical appointments that are over 20 miles round trip.
Vocational Rehabilitation
Retraining help if you cannot return to work at 75% or more of your pre-injury wages.
Death Benefits
Death benefits and up to $10,000 in burial expenses for surviving spouses, children, or dependents.
Temporary Total Disability (TTD)
Paid when your doctor says you cannot work at all while recovering. Benefits equal two-thirds of your average weekly wage up to the annual legal maximum, with a $30 weekly minimum. Not paid for the first seven days unless you are out more than 21 days.
Temporary Partial Disability (TPD)
If you return to work but earn less than before, you receive two-thirds of the difference. Temporary benefits are generally limited to 500 weeks, with a possible extension if you remain unable to work.
Permanent Partial Disability (PPD)
Once you reach maximum medical improvement, benefits are based on the affected body part and your impairment rating under N.C. Gen. Stat. 97-31, and may be paid as a lump sum.
Permanent Total Disability
You may be eligible for lifetime benefits for the most serious injuries, including loss of both eyes, hands, arms, feet, or legs (or any two); a severe spinal injury with paralysis; a severe brain or closed head injury with permanent disturbances; or second- or third-degree burns to at least a third of your body.
Why You Need a Lawyer
Charlotte Work Injury Lawyers Who Know NC Workers’ Comp Law
Unfortunately, North Carolina’s law can make it difficult for injured workers to get the benefits they need and deserve. Employers and their insurers do not have to pay for on-the-job injuries unless a worker was hurt as the result of an accident, such as a slip, trip, or fall. Many injured workers are denied benefits on the grounds that they were hurt while carrying out their normal responsibilities, and not from an accident.
Do not try to fight this system on your own. Our Charlotte and Greensboro workers’ compensation attorneys can:
- Make sure you know what to say and do after you are injured to avoid hurting your case.
- Ensure all forms are completed correctly and on time, including the required 30-day written notice.
- Investigate how the accident happened, interview witnesses, and gather evidence.
- Obtain all relevant work and medical records.
- Assist you if you experience delays in your medical treatment.
- Negotiate with insurance companies for a fair settlement.
- Represent you at any hearings before the North Carolina Industrial Commission.
- Prepare your case and argue on your behalf if a claim goes to hearing.
- Handle any appeals.
First Steps Matter
What to Do After a Workplace Injury
The steps you take early can make or break your claim.
1
Report the Injury
Tell your supervisor right away and follow up in writing so there is a clear record.
2
Get Medical Care
Seek treatment promptly and tell the provider your injury is work related. Keep every appointment.
3
Document Everything
Save accident reports, witness names, photos, and a journal of symptoms and missed work.
4
Watch Your Deadlines
Remember the 30-day notice rule and the two-year filing deadline with the Industrial Commission.
5
Call a Lawyer First
Do not give a recorded statement or accept a settlement before you understand your rights.
Do Not Miss These
Workers’ Comp Deadlines and Benefit Timing
North Carolina workers’ comp runs on strict deadlines, and missing one can cost you your benefits.
30 Days
Report your injury to your employer in writing, no later than 30 days after the accident.
2 Years
File a Form 18 with the Industrial Commission within two years, or you may lose your right to benefits.
7-Day Wait
No wage benefits for the first seven days out of work, unless you are out more than 21 days, then those days are paid back.
Denied Is Not the End
What to Do If Your Claim Is Denied
A denied claim does not mean your case is over. In North Carolina, employers and their insurance companies deny or dispute a large share of legitimate claims, often hoping injured workers will simply give up. Our attorneys have spent four decades reversing denials and recovering the benefits our clients are owed.
If your claim has been denied, you have the right to request a hearing before the Industrial Commission by filing a Form 33. We gather the medical and vocational evidence your claim needs and present it for the strongest possible chance of overturning the denial. Call us at (704) 377-3770 before you accept that decision as final.
Common Reasons Claims Are Denied
- The insurer argues your injury did not happen at work
- You missed a reporting or filing deadline
- The insurer blames a pre-existing condition
- Not enough medical documentation
- The employer disputes that you gave proper notice
Step 1File Form 33
Step 2Deputy Commissioner Hearing
Step 3Full Commission
Step 4NC Court of Appeals
Step 5NC Supreme Court
Know Your Worth
Settlements and Payouts
Many cases end in a settlement rather than ongoing weekly checks. The most common form is a clincher agreement, also called a compromise settlement, in which you receive a lump sum in exchange for closing your claim. Because a clincher is final, it is critical to understand what you may be giving up before you sign.
Insurance companies often make a first offer far below what a claim is worth, and once you sign you usually cannot reopen the case if your condition worsens. Every settlement must be approved by the Industrial Commission, and future Medicare interests may need to be protected. We calculate the true long-term value of your claim and negotiate aggressively.
What Determines Your Settlement Value
- Your average weekly wage and comp rate
- Your disability rating and the body parts affected
- The cost of future medical treatment
- Whether your injury limits future earning ability
- Your age, work history, and recovery outlook
Light Duty and Your Rights
Returning to Work After a Workplace Injury
Recovering from a work injury does not always mean going straight back to your old job. In many cases, a doctor releases an injured worker to light duty or restricted work, and the employer offers a modified position. If your employer offers suitable employment that fits your medical restrictions, refusing it without good reason can result in your benefits being suspended.
You still have rights
You do not have to accept a job that is not truly suitable, that ignores your doctor’s restrictions, or that was created only to push you off benefits. If you return to work but earn less than before, you may be entitled to temporary partial disability benefits. When an injury prevents you from returning to your previous occupation, vocational rehabilitation can help you retrain. Questions about a light-duty offer? Call (704) 377-3770.
REDA Protects You
Free Consultation
Can You Be Fired for Filing a Claim?
It is illegal for a North Carolina employer to fire, demote, threaten, or retaliate against you for filing a workers’ compensation claim. Under the Retaliatory Employment Discrimination Act (REDA), you may be entitled to reinstatement, back pay, and damages that can be tripled for a willful violation. A REDA complaint generally must be filed with the NC Department of Labor within 180 days, so act quickly.
(704) 377-3770Free Consultation
A Wide Range of Cases
Cases We Handle
Our workers’ compensation attorneys handle a wide range of work injury claims, including:
- Workplace and office injuries
- Injuries while traveling for work
- Construction-site injuries
- First responders injured on the job
- Equipment and machinery injuries
- Car accidents on the job
- Air travel and flight crew injuries
- Healthcare injuries
- Exposure to contagious diseases
- Catastrophic injuries
- Traumatic brain injuries
- Closed head injuries
- Spinal cord injuries
- Burn injuries
- Electrical injuries
- Chemical exposure
- Assaults at work
- Disfigurement and scarring
- Occupational diseases
- Repetitive motion injuries
- Carpal tunnel syndrome
Complex Claims
Third-Party and Complex Claims
Some work injuries also involve a third party other than your employer, such as a negligent driver in an on-the-job car accident or the manufacturer of a defective machine. When that happens, you may have a separate third-party claim that allows you to pursue additional damages, including pain and suffering, on top of your workers’ compensation benefits.
These cases are complex, and most injured workers do not realize they have these options. Our attorneys pursue every benefit and every responsible party while keeping you informed at each step.
Experience You Can Trust
Meet Your Charlotte Attorneys
Decades of trial experience fighting for injured workers in Charlotte.
Mark Sumwalt
NC Board Certified Specialist in Workers’ Compensation LawMark Sumwalt has represented injured workers for the majority of his 42 years of practice, trying hundreds of cases before the North Carolina Industrial Commission and serving as lead counsel in numerous appellate decisions. He is a past President of the North Carolina Advocates for Justice, the first workers’ compensation lawyer in the state to hold that office.
- NC State Bar Board Certified Specialist in Workers’ Compensation Law
- J.D., University of South Carolina School of Law (1981); licensed in North Carolina
- Best Lawyers in America, named Lawyer of the Year for Charlotte Workers’ Compensation (2012)
- Martindale-Hubbell AV Preeminent; Super Lawyers (2007 to present)
Richard “Rick” Anderson
Workers’ Compensation & Catastrophic Injury Trial LawyerA native Charlottean and proven trial lawyer, Rick Anderson focuses his practice on workers’ compensation and catastrophic personal injury. He has represented clients with paralysis, traumatic brain injury, and amputation before the North Carolina Industrial Commission and Court of Appeals, securing numerous multi-million dollar results.
- J.D., Wake Forest University School of Law (1993); B.A., UNC-Chapel Hill (1990)
- Licensed in North Carolina; admitted to the U.S. District Courts for the Middle and Western Districts of NC
- Lead counsel on a $9 million catastrophic-injury settlement
- Member, Million Dollar Advocates Forum and the Brain Injury Association of North Carolina
Our Workers’ Compensation Attorneys Answer Frequently Asked Questions
It is not surprising that if you have been injured on the job you have a host of questions regarding your workers’ compensation claim. The laws and claims process are complex. Below, we have responded to some of the most frequently asked general questions.
How much will I get paid for the loss of my wages?
If your claim is compensable, you will be entitled to weekly checks in the amount of 66-2/3% of your average weekly wage, which is most often determined by looking at the injured worker’s earnings in the employment of injury during the 52 weeks preceding the accident.
Can I visit my personal physician for my workers’ comp claim?
If you have been injured at work, you will likely have to see a physician who has been authorized by the company for which you work. The insurance company can provide you with a list of approved doctors. That said, in some cases you may be able to see your own doctor, but you would need to get approval to do so.
What is a rating, and how is it determined?
A rating is a percentage of permanent disability to the injured body part. The percentage is assigned by your doctor at the point that the doctor determines your condition has improved as much as possible. You are entitled to a second opinion on the rating with a doctor of your choice. Based on the percentage assigned by the doctor(s), you may be entitled to money for permanent disability in certain cases.
My injury has affected my marriage or relationship. Can I do anything about that?
The North Carolina Workers’ Compensation Act does not provide a mechanism for spouses to recover damages for losses they experience as a result of a worker’s injury.
However, in some cases, a spouse, family, or household member may be eligible to receive payment for care they are providing to an injured worker, when that care has been ordered by a doctor. If you think this may apply in your case, you should contact one of our workers’ compensation attorneys to discuss attendant care benefits that may have been overlooked in your claim.
What is attendant care?
In cases where the injured worker can no longer do basic things for themselves (e.g., prepare food, get dressed, move about their home without assistance, etc.), a doctor may order attendant care or supervision for a certain amount of time per day. Sometimes this care is provided through an outside home health agency and sometimes it is provided by family or household members. If this has been ordered in your case or you think you need this care, we can assist you in obtaining it through an outside agency or obtaining payment for that care for your family or household member. Our workers’ comp lawyers have litigated the issue of attendant care extensively in our appellate courts.
Does your workers’ comp law firm handle cases throughout the state of North Carolina?
Yes, Sumwalt Anderson & Spence Law Firm can handle cases throughout the state. Most cases can be handled virtually, but if you prefer to contact a lawyer that’s close to you, choose our Charlotte or Greensboro workers’ comp lawyers.
How long do workers' compensation benefits last in North Carolina?
It depends on the type of benefit. Wage replacement benefits continue while you are unable to work, but for injuries that occur on or after June 24, 2011, temporary total disability is generally capped at 500 weeks, with the possibility of an extension for workers who remain totally disabled. Permanent partial disability is paid for the set number of weeks assigned to the injured body part, and authorized medical treatment can continue as long as it is reasonably required and related to your work injury.
How much does it cost to hire a Charlotte workers' compensation lawyer?
Our consultations are free, and we handle workers' compensation cases on a contingency fee basis, so you pay no money up front. The attorney fee comes out of the benefits we recover for you and must be reviewed and approved by the North Carolina Industrial Commission. In most cases that fee is 25 percent. If we do not recover benefits for you, you do not owe an attorney fee.
We hope the responses above help to clarify some of the basics regarding workers’ compensation in Charlotte and the surrounding areas. If you have been injured, you likely have more detailed concerns. Contact our Charlotte workers’ comp lawyers at (704) 377-3770 to schedule a consultation.
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Visit Our Charlotte Office
Sumwalt Anderson & Spence
Address:
1114 East Boulevard
Charlotte, NC 28203
Phone: (704) 377-3770
Toll Free: (800) 777-5683
Office Hours:
Monday to Friday, 8:30 a.m. to 5:00 p.m.
Serving the Charlotte Metro
Charlotte and Surrounding Communities
Our East Boulevard office is centrally located to serve injured workers across North Carolina.
CharlotteConcordHuntersvilleMatthewsGastoniaMooresvilleKannapolisIndian TrailMint HillPineville
We also serve clients across Mecklenburg, Gaston, Cabarrus, Union, Iredell, Lincoln, and Rowan counties. Charlotte’s workforce spans construction, logistics, healthcare, manufacturing, and food processing, industries where serious on-the-job injuries happen every day.
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