David Gantt
Compassionate, Responsive Legal Representation throughout Western North Carolina
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.
- Social Security Disability
- Personal Injury
- Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Truck Accidents, Wrongful Death
- Workers' Compensation
- Car Accidents
- Skype
- Zoom
- FreeConferenceCall
- Free Consultation
- Contingent Fees
- North Carolina
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- U.S. Supreme Court
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- English
- Managing Partner
- David Gantt Law Office
- - Current
- Campbell Law School
- J.D. (1981) | Law
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- University of North Carolina - Chapel Hill
- B.A. | Economics
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- Best Lawyers, Workers' Compensation Claimants Section
- Best Lawyers in America
- Best Lawyers, Workers' Compensation Claimants Section
- Best Lawyers in America
- Super Lawyer
- North Carolina Super Lawyers
- 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.
- Super Lawyer
- North Carolina Super Lawyers
- 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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- “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
David Gantt 2018
David Gantt Law Office introductory video
- Q. Can a workers compensation company be sued if the company continually withhold treatment and equipment referrals/orders.
- A: While you have a lawyer representing you, I suggest making an appointment with him and sharing your concerns and frustration over your situation. I have found that most good attorneys will respond positively and directly to client concerns like those posted on Justia website. I believe directly responding to your question while you are represented would be an ethical violation under NC Rules of Ethics.
- Q. Are health issues that are a direct result of the workers compensation injury also covered by workers compensation?
- A: In most NC workers' compensation (WC) cases, you must have an accident (very liberally defined) or a specific traumatic incident to your back. Other types of WC are called occupational diseases generally result from exposure to some harmful substance. The key to all WC cases is a qualified physician linking the health issue to your work. Since you appear to have the medical link worked out, you should file a WC claim. If the health condition is related to your work, WC insurance will pay for medical expenses to make you better and/or reduce your pain levels. WC insurance will also reimburse you for out of pocket expenses like mileage, prescriptions, medically ordered devices. if you miss work due to your work-related health issue, you can also be entitled to receive 66% of gross income after a short waiting period. You should file a Form 18 (official notice of claim) as soon as possible. Once you file the Form 18, WC insurance will normally answer and notify you if your claim has been accepted for processing and payment.
- Q. Is an injured worker ENTITLED to benefits when his EMPLOYER reduces his/hers work hours due to employees on-going pain.
- A: Yes, if wages are reduced due to pain problems. Workers' Compensation (WC) compensation to injured workers in North Carolina is based on loss of earning capacity and time out of work as determined by qualified medical professionals. In this case, Tony's employer, not medical staff, has restricted his work. Tony's best action is to talk with his medical team and request their agreement that he cannot work full time. When this medical restriction is documented, Tony would be entitled to receive 66% of his gross wage during the time he was not able to work full time. He would be entitled to be paid up to this 66% level for each week of medically ordered disability. When Tony reaches maximum medical improvement (MMI) or when his doctors can't provide any more helpful treatment, he would be entitled to a settlement be based on the degree of his loss of earning capacity. One of the keys to properly handling WC claims is to make sure the injured worker's medical team is involved in ordering out of work time periods.
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