David Gantt is an Asheville-based Board Certified Workers’ Compensation Legal Specialist serving western North Carolina. In addition to work comp, David practices in the areas of Social Security Disability, Personal Injury, and Wrongful Death law.
He holds a BA in Economics from University of North Carolina at Chapel Hill in 1978, and earned his Juris Doctor from Campbell University Law School in 1981. David was admitted to the bar for North Carolina and U.S. District Court, Western District of North Carolina in 1981. In 1984, he was admitted to the U.S. Court of Appeals, Fourth Circuit, and U.S. District Court, Middle District of North Carolina. Since 1985, he has been admitted to the U.S. Supreme Court.
Active in the legal community, David holds membership to the 28th Judicial Bar, North Carolina, and America Bar Associations. He has served as a sustaining patron and in the President’s Club for North Carolina Advocates for Justice. David is also a member of the National Association of Social Security Disability Claimant’s Representatives, and NC Bar Association General Practice Hall of Fame.
In addition to his legal involvement, David strives to consistently take part in his local community. He currently holds board membership with the Martin Luther King, Jr. Committee; life membership to NAACP; Governor Appointments to Employment Security Commission (2008) and Mountain Resources Commission (2010); March of Dimes Babies Walk (Chairman, 2012). David was elected to the Buncombe County Board of Commissioners in 10 elections since 1996. In 2016, he retired from politics after 20 years in office.
- Campbell Law School
- J.D. (1981) | Law
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- University of North Carolina - Chapel Hill
- B.A. | Economics
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- Managing Partner
- David Gantt Law Office
- - Current
- “Woodson Worker’s Compensation Case”
- North Carolina Academy of Trial Lawyer Magazine
- Trying the Automobile Injury Case in North Carolina
- National Business Institute
- Farmer's Right of First Refusal
- North Carolina Academy of Trial Lawyers
- Advanced Worker's Compensation and Ethics
- North Carolina Academy of Trial Lawyers
- Ethics from the Plaintiff's Worker's Compensation Perspective
- Wake Forest University CLE
- Social Security Administrative Mistakes and Remedies
- North Carolina Academy of Trial Lawyers
- Board Certified Specialist in Worker’ Compensation Law
- Board of Legal Specialization
- Best Lawyers, Workers' Compensation Claimants Section
- Best Lawyers in America
- David Gantt has been included in the 2021 Edition of Best Lawyers in America© in the Workers’ Compensation - Claimants section. This is David’s seventh consecutive year named to the list.
- Best Lawyer
- US News/Best Lawyers in America
- Super Lawyer
- North Carolina Super Lawyer
- Best Lawyer
- Best Lawyers in America
- Asheville Workers' Compensation
- Super Lawyer
- North Carolina Super Lawyer
- National Association of Social Security Disability Claimant's Representatives
- Sustaining Patron
- - Current
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- North Carolina and American Bar Associations
- Member
- - Current
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- North Carolina State Bar
- Member
- - Current
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- 28th Judicial District
- Member
- - Current
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- President’s Club- North Carolina Advocates for Justice
- Member
- - Current
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- NC Advocates for Justice
- President's Club
- - Current
- Activities: Past Chair of Disability Advocates (SS) Section
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- North Carolina
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- U.S. Supreme Court
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- Free Consultation
- Contingent Fees
- Social Security Disability
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Workers' Compensation
- Car Accidents
- English
- Q. Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?
- A: Yes, in some situations. While NC law technically requires filing a workers' compensation claim within thirty (30) days of the accident, the Court will accept claims filed within two (2) years in most situations. The Courts have generally held that claims filed within two (2) years are timely if the employer had actual notice of accident, had no prejudice by the delay, and/or has paid some medical bills or wage replacement. In filings after two (2) years, NC Courts will require that employers have actual notice and/or pay some medical bills or wage replacement to be considered a timely filing. In some extreme cases where the employee has been misled or fraudulently told the claim has been filed or is accepted, the Courts have applied an equitable estoppel to permit filing after two (2) years. Your injury in February 2019 would probably need a showing that one or both of the last two (2) situations apply since you are clearly outside the normal two (2) year requirement for filing. You should file a Form 18 (NC provided form) as soon as possible. You should check on who paid for medical treatment since those payments can re-start the two (2) year time period.
- Q. As a NC business owner currently involved in a work comp claim, can the carrier's defense council legally threaten...
- A: While I would not be comfortable directly answering your question while you have legal counsel, I will suggest you contact NC Department of Insurance 1-855-408-1212; www.ncdoi.gov for a response to the obvious conflicts of interest here.
- Q. Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
- A: NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage replacement or medical bill. When you refuse recommended treatment by a qualified physician, your refusal can trigger a WC insurance attempt to cut off your weekly benefit for the duration of your refusal. The IC could issue an ORDER permitting the interruption in weekly benefits to you for the time of your unjustified refusal. The key here is whether you are refusing "necessary" medical care. The WC Court or Industrial Commission (IC) can decide the question of fact as to whether the recommended procedure is "necessary". The injured worker can also ask the IC nurse to review the dispute and try to mediate a resolution without IC formal action. I usually advise clients in this situation to ask the IC nurse to review and see if dispute can be handled in this more timely fashion. I find that WC insurance companies rarely wish to go against the opinion of the IC nurse.
David Gantt 2018
David Gantt Law Office introductory video