North Carolina Workers Compensation Lawyer

North Carolina Workers’ Compensation Act

The North Carolina Workers’ Compensation Act is the state’s workers comp law that provides for the payment of medical benefits and wage loss benefits to workers who are injured on the job. According to this workers’ compensation law, medical benefits are paid for treatment that is “reasonable and necessary to effect a cure or give relief for a work injury.” The employer and their insurance company are responsible for all costs associated with the medical treatment the workers’ comp doctor recommends.

The workers’ comp law also provides for wage replacement benefits equal to two-thirds of the injured worker’s average weekly wage for the time they are off work due to the injury. If the authorized physician assigned the injured worker a rating for a specific body part, the worker can receive payment for a permanent partial disability.

What Does North Carolina Workers’ Compensation Cover?

Workers’ compensation pays for medical expenses and a portion of lost wages. Wage loss benefits may consist of:

• Temporary total disability benefits
• Temporary partial disability benefits
• Permanent partial disability benefits
• Total and permanent disability benefits

Wage loss benefits are typically paid to workers who miss more than seven days of work due to a work injury. There is a 7-day waiting period for workers’ comp benefits in North Carolina. These benefits continue until the worker is able to return to work or up to 500 weeks (with some exceptions). Workers who are injured and return to work but are unable to earn as much as they earned before the injury can also receive some wage loss benefits.

North Carolina workers’ comp can also consist of other benefits, depending on the circumstances surrounding the injury. Other benefits may include:

• Vocational rehabilitation benefits
• Travel mileage reimbursement benefits
• Disfigurement compensation
• Death benefits

An NC workers’ comp attorney with Stewart Law Offices can discuss the workers’ comp benefits you might be entitled to during a free consultation.

When an injured worker collects workers’ comp benefits, they are no longer entitled to seek compensation from their employer through a personal injury claim. However, in some cases, injured workers are able to file a personal injury claim against a third party whose negligence contributed to the workplace injury. An experienced workers’ compensation attorney can explain how North Carolina laws may apply to the facts of your case.

Workers’ Compensation Resources

• Medical Benefits: If you have been injured at work, you may be eligible to have your medical expenses and time off of work paid for through workers’ compensation. This is provided when an injury may cause an employee to be unable to work for a short period (three to seven days).
• Temporary Disability: If you cannot work for more than seven days, you will be eligible for temporary total disability benefits. This includes reimbursement of two-thirds of your average weekly wage (with the yearly maximum set by the NCIC).
• Permanent-Partial Disability: After an on-the-job injury, a worker should seek immediate medical treatment and follow all doctor’s orders. Upon completing medical care, the treating physician will declare that the worker has reached maximum medical improvement or MMI. This is an important term because it basically means that the worker has recovered as much as can be expected from the injury. To qualify, it must be determined that: An injury is classified as “permanent” if the injury will not entirely resolve, or It is considered “partial” if it only impacts part of the body.

Some of the leading causes of workplace accidents include:

• Transportation accidents
• Workplace violence
• Contact with objects
• Falls, slips, and trips
• Fires and explosions

Steps to Take after a Workplace Injury

If you’ve suffered a workplace accident and injury, you can best protect your rights to a workers’ comp settlement by taking the following steps:

• Report your accident and injury to your employer. You should report your injury to your employer as soon as possible after the injury occurs. If you try to tough it out and wait too long to report your injury, the insurance company may deny your claim citing insufficient evidence or lack of proof that your injury occurred on the job. Remember, you have only 30 days to file a report of your injury with the N.C. Industrial Commission.
• Document the accident scene. If possible, you should take photographs or video of the accident scene. Try to include shots of whatever caused your injury and any visible injuries you suffered. If others witnessed the incident, try to get a short statement from them.
• Seek medical attention. Once you report your injury, your employer should direct you to a medical provider for examination and treatment. If your employer doesn’t instruct you to see a medical provider, you should still follow up with your own doctor, but you will need to provide evidence and get approval from the Industrial Commission to see another medical provider.
• Follow doctor’s orders. Once you begin treatment for your injuries, you should follow all the physician’s instructions and recommendations. If you don’t, the insurer may argue your injury has been resolved and stop workers’ compensation payments.
• Speak with an experienced N.C. workers’ compensation lawyer. Finally, you should meet with a workers’ comp attorney as soon as possible. A lawyer can review the facts of your case, explain what benefits may be available to you, and help prepare your workers’ compensation claim so that it is accurate and complete. You’ll also be able to get advice about whether the benefits you’re receiving are full and fair or whether you should consider an appeal.

Common Injuries and Occupational Diseases From Work-Related Accidents

Under North Carolina workers’ compensation laws, workers’ compensation benefits can cover a workplace injury stemming from an accident on the job or an occupational illness. Common workplace injuries and occupational diseases that may cause a work-related injury that is compensable under workers’ comp laws include:

If you have a pre-existing condition, reach out to our attorneys for help building your NC worker’s compensation claim.

Recovering Compensation After a Workplace Injury

Workers’ compensation is a strict liability system. This means that no matter whose fault the accident was, you can still recover workers’ compensation. In some cases, you can recover workers’ compensation benefits even if you caused the accident.

To recover workers’ compensation, you will need to be able to show:

1. Your injury occurred or arose while you were working
2. Your injury occurred or arose due to the work you were doing
3. The work caused your injuries
4. Your employer has three or more employees

Third-Party Liability in N.C. Workers’ Compensation Claims

An in-depth investigation of your claim is important because it allows an attorney to identify all negligent parties who could be held liable for your injuries. You can’t sue your employer, but if a third party bears responsibility for the accident, that’s a different story.

For example, some job sites are home to more than one employer at a time. The best example is a construction site, where multiple contractors and sub-contractors are working in the same area at once. Suppose a worker is injured due to a careless error from anyone other than his/her employer. In that case, it may be possible to file a personal injury claim against the third party and still claim workers’ compensation benefits.

At Stewart Law Offices, A North Carolina Bar–admitted attorney, Elizabeth VonCannon assists injured workers by carefully analyzing claims to determine whether third-party liability may exist in addition to workers’ compensation benefits.

   Our North Carolina workers’ comp lawyers can provide you with personalized legal information when you contact our law firm for a free consultation.

How to Protect Yourself on the Job

Employers with three or more employees in North Carolina are required to carry workers’ compensation insurance. Before starting a job, confirm whether the employer has insurance or has been certified as self-insured for workers’ compensation purposes. If they are violating the law, they should be reported to the Industrial Commission.

Otherwise, your responsibility is to do everything possible to stay safe on the job. What that means will differ based on your occupation. In general:

• Follow all posted safety rules.
• If protective equipment is required for your job, make sure to use it every time.
• Notify your supervisor immediately if you notice safety hazards or co-workers who are not following safety standards.
• Don’t ignore injuries or symptoms of an occupational illness. Get them checked out so that your claim can be filed on time.

Taking every possible precaution can’t prevent all workplace injuries from happening, but they can lessen the likelihood of an accident and give you the best possible chance of obtaining maximum workers’ comp benefits.