Charlotte Workplace Accident Attorneys

Am I Eligible for Workers’ Compensation after a Workplace Accident in North Carolina?

Not all workers necessarily qualify for workers’ compensation in North Carolina. To determine your eligibility, several factors must be considered, including the circumstances surrounding your injury and whether your employer carries workers' compensation insurance.

You likely qualify for workers’ compensation if:

• You are classified as an employee. Independent contractors are not eligible for workers’ compensation, but some employers will misclassify employees as independent contractors to avoid issuing benefits, including workers’ comp. Discuss your situation with a lawyer if you think your employer may be misclassifying you, as you are still entitled to workers’ compensation if your duties legally make you an employee. 
• Your private employer has at least three employees. While there are some limited exceptions, if your employer has at least three employees, investing in a workers’ compensation insurance policy is not optional. 
• Your injury was work-related. Your injury must have arisen “out of and in the course of your employment,” which is another way of saying you must have sustained your injury while you were on the job. This includes injuries stemming from workplace accidents as well as occupational illnesses. 
• You were not intoxicated or trying to hurt someone (including yourself) when the injury occurred. You can still get workers’ compensation even if an injury-causing accident was your fault, but you may be barred from receiving benefits if the incident was caused by your being intoxicated or attempting to harm yourself or another party. 

Fault does not matter when determining workers’ compensation eligibility. You do not need to prove a workplace accident was the result of your employer’s or anyone else’s negligence, and you still may be able to get benefits even if the accident was partially or completely your fault. 

Still not sure whether you qualify for benefits? Our Charlotte workplace accident attorneys are happy to review your situation and ascertain your eligibility.

You owe our firm nothing unless we win money for you, so call (803) 408-7352 or contact us online to schedule a complimentary, no-obligation consultation today. If you cannot come to us, we will come to you at no charge.

Can I Sue My Employer after a Workplace Accident in North Carolina?

Generally, no. Workers’ compensation is considered the “sole remedy” for workplace accidents, meaning you do not usually have the right to file a personal injury lawsuit against your employer – even if there is ample evidence that the incident was the result of their negligence. This can make it easier to obtain monetary compensation, as you consequently do not need to prove negligence.

How Long Do I Have to File a Workers’ Compensation Claim for a Workplace Accident in North Carolina?

When you suffer injuries in a workplace accident, you must act promptly to protect your right to workers’ compensation benefits. Though you have up to 30 days from the date of the accident to report the incident and the resulting injuries to your employer, it is in your best interest to submit a written report as soon as possible. If you do not report your injuries by this deadline, you will most likely lose your right to benefits, so do not delay. 

After a report has been made, you will have two years from the date of the workplace accident to file your workers’ compensation claim. Our team at Stewart Law Offices will work quickly to help you prepare a strong claim.

What Benefits Can I Receive for Workplace Accident Injuries in North Carolina?

Workers’ compensation insurance covers all expenses related to your medical treatment, though you will not get to choose your doctor. You will also receive compensation for a portion of your lost income (2/3rds of your average weekly wages) as well as permanent disability, if applicable. Non-economic damages, such as pain and suffering, are not covered by workers’ compensation. 

Keep in mind that your employer’s insurer is not on your side and will likely make every effort to minimize what you recover. Whenever possible, speak to a legal professional before you make any written or recorded statements to an insurance agent. Do not accept a proposed settlement without first discussing your case with an attorney. Our Charlotte workplace accident lawyers are familiar with the tactics some insurers use to unfairly deny or reduce benefits, and we will aggressively fight to get you the money you need and deserve. 

If you have suffered injuries in a workplace accident, call (803) 408-7352 or contact us online to learn more about how we can help you get the benefits you are entitled to under the law.