The workers’ compensation system in North Carolina is different from North Carolina’s tort and negligence systems. It offers injured workers medical benefits and wage replacement. Workers’ compensation laws in North Carolina allow you to get benefits for pain and suffering, lost wages, medical expenses, and loss of enjoyment of life. If you are injured on the job or suffer from a work-related illness, workers’ compensation benefits may be available to you.
Having been injured on the job for the first time, you probably have no idea what to expect from North Carolina’s workers’ compensation process. When this claim meets all of these elements, the employee can receive worker wage benefits for their economic losses. It requires a lot of time and effort to file an injury claim for workers’ compensation.
The information on this page will give you an idea of how our firm handles workers’ compensation claims. If you wish to get answers to your specific questions, contact one of our workers’ compensation lawyers in Charlotte today for a free consultation and review of your complaints.
A total of 64,900 illnesses and injuries were reported by North Carolina’s private sector employers in 2020, resulting in an incidence rate of 2.1 cases per 100 full-time workers, according to the Bureau of Labor Statistics.
NC Worker Compensation Laws: The Basics
Here are the basics you should know about North Carolina workers’ compensation laws.
The History and Regulations of NC Worker Compensation Laws:
According to North Carolina law, the state’s Worker Compensation Laws were enacted in 1929. This law requires that any employer with more than three employees have accident insurance coverage. This system is controlled by the North Carolina Industrial Commission.
NC Workers’ Compensation Act:
Employers must have workers’ compensation insurance that covers their employees, or they must be licensed as a self-insured employer under the North Carolina Workers’ Compensation Act. Compensation is offered to employees who become injured while at work and cannot return to work as a result.
A worker who has been injured at work must notify their employer in writing within 30 days of the injury. This notice of injury must be submitted within 30 days following the injury. A concept known as the statute of limitations comes into play in this scenario. The statute of limitations sets a two-year deadline to file a claim for workers’ compensation in North Carolina.
Sole, No-Fault Remedy:
Unless an injured employee has certain exceptions, workers’ compensation is the only recourse available to them. This means that, except for certain exceptions, an injured employee may only be entitled to workers’ compensation benefits in the state of North Carolina.
Consequently, North Carolina workers’ compensation claims are completely different than malpractice claims, such as those stemming from car accidents. Employer negligence in causing the accident does not even come into play in workers’ compensation claims. Despite the strange-sounding logic, this often works in the employee’s favor because in most cases it is much more difficult to prove employer negligence than it is to simply show that the employee was injured in the workplace.
Additionally, many workplace injuries are not caused by negligence on part of the employer. While under the prior system, these employees would not have been entitled to anything, under the new system they would have been entitled to compensation. There were also many provisions under the old system that discharged the employer from any liability, such as the negligence contest.
Limited Benefits – Medical Expenses and Disability:
North Carolina workers’ compensation law stipulates two primary benefits for injured employees. This is in exchange for making it relatively easier to hold employers accountable while restricting the benefits an employee may receive. The insurance company covers all accident-related medical costs. Prescription medicines are also covered.
A lot of your medical care is directed by the insurance company. Your workers’ compensation lawyers in Charlotte can then file a petition with the Industrial Commission requesting that your choice of doctor be approved if the insurance company refuses. You have the right to seek a second opinion and also to change doctors.
Additionally, the insurance carrier will pay disability benefits. Employees will receive two-thirds (66.66%) of their average gross weekly salary. Disability benefits are tax-free. A doctor must keep the employee away from work with a written excuse if the employee has been unemployed for more than seven days as a result of an injury. The insurance company will pay temporary total disability benefits for all ensuing days as long as the employee remains out of work for more than seven days.
Workers are entitled to partial compensation under the act for permanent partial disability if they suffer a permanent injury to certain parts of the body within the first 7 days, regardless of how long they were absent. Further, if an employee is determined to be totally and permanently disabled, they will be eligible for life insurance benefits that cover future medical bills and disability benefits.
Workers’ compensation lawyers in Charlotte will discuss in more detail which benefits are available if one of those two types of disability is present in your case. Workers’ Compensation in North Carolina does not provide compensation for pain and suffering.
You can request a hearing before the Industry Commission if your employer’s workers’ compensation policy denies your claim. At the hearing, you or your lawyer will present evidence to support your claim. A colleague’s testimony that your injury is the result of a work accident, your doctor’s assessment of your disability, and relevant papers such as payslips or communications could be provided as evidence.
Contact Us If You Need Help From Qualified Workers’ Compensation Lawyers in Charlotte:
Please contact us for a free review of your complaint and advice on your legal options for recovering workers’ compensation benefits. Our Charlotte workers’ comp law firm manages each case on an individual basis. Our free consultations are available now.