Worker’s Compensation
If you are injured while on the job in North Carolina , it’s likely that you’re entitled to workers compensation benefits. However, the job of protecting those rights and ensuring you get the full benefits due is placed squarely on your shoulders.
Workers compensation can be a complex process, and it’s likely you have lots of questions. We have extensive experience in this area and help workers who:
- Have been injured on the job and unsure of what to do next
- Are dealing with the employers insurance company and getting frustrated
- Trying to determine if a “clincher” (a settllement offered by the insurance company) is their best option
- Have been denied benefits
If you’re unsure of what you’re entitled to, or feel that you’re being mistreated by your employer, or their insurance company, contact our firm for a free consultation. We can help you understand, and protect, your rights.
Worker’s Compensation FAQ
- What is worker’s compensation?
- How do I know if I’m covered by Worker’s Compensation?
- Are all occupational injuries covered by Worker’s Compensation?
- Are long term health problems or illnesses covered?
- What should I do if I’m injured on the job?
- What type of benefits am I entitled to?
- Can I see my own doctor for my injury or do I have to see an employer approved physician?
- Is it possible to file a lawsuit against my employer for a work related injury?
- I was injured on the job by someone who is not affiliated with my employer. Am I eligible for workers compensation?
- Can I be fired for filing a workers compensation claim?
- How are workers compensation claims settled?
- Where can I find the forms I need and more information about Workers Compensation in North Carolina ?
Workers’ Compensation is insurance, paid for by your employer, that provides cash benefits and medical care if you become disabled because of an injury or illness related to your job. If death results, benefits are payable to your surviving spouse and dependents as defined by law. It is not necessary to prove your employer was negligent to receive worker’s compensation benefits.
The majority of employers in North Carolina are required to carry Workers compensation insurance. Generally, if your employer regularly employs three or more people, you for work for any city or state government, or you work for a general subcontractor, then you are probably covered.
It covers almost all injuries sustained while on the job, or while performing work related activities. For instance, if you’re traveling on business, and are involved in a motor vehicle accident, then you would be covered It typically does not cover any injury where the employee is intoxicated, on an illegal substance, committing a serious crime, or any self inflicted injuries, such as when an employee starts a fight.
It does cover some health conditions that were caused by work environments. If a pre- existing condition was aggravated by your job duties, that could potentially be covered as well.
You should notify your employer as soon as possible. You should also send a written notice within 30 days. Also, if you are diagnosed with an occupational disease, a written notice should be sent informing your employer of this within 30 days as well.
Finally, you should file a claim with the North Carolina Industrial Commission. This is very important as it protects your right to benefits. The commission is the state agency that oversees the Workers compensation insurance program. Claims must be filed within 2 years of the date of injury. This is typically done with Form 18. You should also provide your employer with a copy of the form.
If you qualify, you’re entitled to a percentage of your lost wages, as well as payment for your medical expenses. There are additional benefits that you may qualify for as well. These could include on-the-job training, schooling, or job placement assistance.
It’s important that the handling of an injury, and the process of filing, be handled correctly from the start. Otherwise, a loss or denial of benefits will occur.
The process of workers compensation can be very complex and it’s best to contact an attorney as soon as possible to ensure your full rights are protected.
If you choose to visit your own physician without prior approval by the commission, it could put your benefits at risk. Typically, you will be referred to see a doctor paid for by your employer. The doctor’s report will weigh greatly upon the benefits you receive.
It’s important to remember that a doctor paid for by your employer may not be the most impartial professional. If they are getting a lot of business from your employer or insurance company, they will often be more motivated to look for pre existing conditions or to minimize your injuries. Be aware of this when discussing your injury with the physician.
Typically, you cannot sue for a work related injury in North Carolina . The only exception would be where an employer recklessly, and with substantial certainty, engaged in misconduct where it was evident bodily injury or death would occur in doing so.
- I was injured on the job by someone who is not affiliated with my employer. Am I eligible for workers compensation?
Yes, you would still qualify. In addition you may be entitled to compensation or damages from the party who caused your injury. These types of claims are called third party claims. Contact our firm for more specific direction on your case.
It is against the law to engage in retaliatory practices against employees who file a claim. If this occurs, you should take immediate action. Contact the North Carolina Department of Labor at (800) 552-6762. You have 180 days from the date of termination to file.
There are several different ways a claim can be settled. One of the most common is a compromise settlement agreement. This is typically referred to as a clincher agreement. When signing a clincher agreement, it means you give up all rights to future benefits in exchange for a lump sum of money.
There are other ways to settle a claim, including filling out certain forms. Some forms will keep your claim open but remove certain rights, and limit the duration of your claim. It’s extremely important to read, in full, any form before signing.
If you have questions about your options, or which one you feel will benefit you the most, contact our firm for a free consultation.
- Where can I find the forms I need and more information about Workers Compensation in North Carolina?
You can find forms and information at the North Carolina Industrial Commission website at http://www.ic.nc.gov/ . If you have questions about the process, contact our law firm for a free consultation.
