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David Gantt

David Gantt

Compassionate, Responsive Legal Representation throughout Western North Carolina
  • Social Security Disability, Personal Injury, Workers' Compensation
  • North Carolina
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Biography

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.

Practice Areas
Social Security Disability
Personal Injury
Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Truck Accidents, Wrongful Death
Workers' Compensation
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
North Carolina
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U.S. Supreme Court
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Languages
  • English
Professional Experience
Managing Partner
David Gantt Law Office
- Current
Education
Campbell Law School
J.D. (1981) | Law
Campbell Law School Logo
University of North Carolina - Chapel Hill
B.A. | Economics
University of North Carolina - Chapel Hill Logo
Awards
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
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
Best Law Firm
Best Lawyers in America
Best Lawyer
US News/Best Lawyers in America
Super Lawyer
North Carolina Super Lawyer
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
Super Lawyer
North Carolina Super Lawyer
Best Lawyer
Best Lawyers in America
Asheville Workers' Compensation
Best Law Firms
Best Lawyers in America
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
Super Lawyer
North Carolina Super Lawyers
Best Lawyer
Best Lawyers in America
Asheville - Workers' Compensation Section
Lawyer of the Year, Workers’ Compensation; Asheville
Best Lawyers in America
MLK Humanitarian Award
MLK Association of Asheville & Buncombe County
Legacy Award
Southern Appalachian Highlands Conservancy
NC General Practice Hall of Fame
NC Bar Association
Lifetime Legacy Award
NC Conservation Easement Committee
Super Lawyer
North Carolina Super Lawyers
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
Environmental Political Leadership Award
Sierra Club
Liston Ramsey Award
WNC 11th Congressional District Democrat of Year
Champion of Buncombe County Animals
Asheville Humane Society
Leaders in the Law
Elon University and NC Lawyers Weekly
Best Lawyer
Best Lawyers in America
Marvin Collins Outstanding Planning Award for Distinguished Leadership by an Elected Official
American Planning Association NC
Outstanding Elected Official
American Planning Association- NC Chapter
Minnie Jones Social Justice Award
Western North Carolina Community Health Services
Greenway Hero
Friends of Connect Buncombe
National Trial Lawyers Top 100
National Trial Lawyers
National Advocates Top 100 Lawyer
National Advocates
Best Lawyer
Best Lawyers in America
Martindale Hubbell Client Distinction Award
Martindale Hubbell
WNC Elected Official of the Year
Mountain True
AV Preeminent 5.0 out of 5 Peer Review Rated
Martindale-Hubbell
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Stepp Labor Leader Award
WNC Central Labor Council
Environmental Excellence Award
Asheville Greenworks
Top 100 Lawyers in NC
American Trial Lawyers Association
Leadership Award
Sierra Club
Super Lawyer
North Carolina Super Lawyers
Top 100 Lawyers in NC
American Trial Lawyers Association
Super Lawyer
North Carolina Super Lawyers
Citizen Lawyer Award
North Carolina State Bar Association
Professional Associations
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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Publications
Articles & Publications
“Woodson Worker’s Compensation Case”
North Carolina Academy of Trial Lawyer Magazine
Speaking Engagements
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
Social Security Language Made Easy
North Carolina Academy of Trial Lawyers
Social Security Jargon for Beginners
North Carolina Academy of Trial Lawyers
Interpreting Social Security Language for Beginners
North Carolina Academy of Trial Lawyers
All Star Trial of Sex Harassment Case
North Carolina Bar Association
Intro to Social Security law
North Carolina Academy of Trial Lawyers
Ethics in Worker’s Compensation Cases
North Carolina Bar Association
Damages in Worker’s Compensation Cases
North Carolina Bar Association
Social Security Regulations
North Carolina Academy of Trial Lawyers
Basic Social Security Benefits
North Carolina Academy of Trial Lawyers
Workers' Compensation Ethics
North Carolina Industrial Commission
Basics of Social Security Law, Summer Convention, Sunset Beach, NC
NC Advocates for Justice
Social Security Law for Paralegals, Annual Meeting, Asheville, NC
NC Paralegal Association
Ethics in Workers' Compensation, Annual Meeting, Raleigh, NC
NC Industrial Commission
Why practice Social Security Disability law?, Mountain Magic, Asheville, NC
NC Advocates for Justice
Planning on the Blue Ridge Parkway, Fall Conference, Asheville, NC
American Planning Association
Cross Exam of Medical Expert in Social Security Disability Hearings, Webinar
American Bar Association
Certifications
Board Certified Specialist in Worker’ Compensation Law
Board of Legal Specialization
Websites & Blogs
Website
David Gantt Law Office Website
Website
Free Online Disability Evaluation
Blog
David Gantt Law Office
Blog
David Gantt's Personal Injury Blog
Blog
David Gantt's Workers' Comp Blog
Legal Answers
14 Questions Answered
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. ... Read More
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. ... Read More
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Contact & Map
82 Church St
Asheville, NC 28801
Telephone: (828) 252-2852
Fax: (828) 254-4539