When we first meet with a new client for a workers compensation case, one of the first things they ask is when they’ll start receiving their benefits. Once they’ve been reassured that the insurance company will cover their medical bills, they start to relax a bit. But to find out more about who pays for workers comp in North Carolina, it may be best to seek an employment lawyer in Charlotte free consultation.
Our North Carolina personal injury lawyer knows that it’ll be a couple weeks before workers comp benefits start. We also explain to our clients that the benefits will only last until they’re ready to return their work. One of the things they don’t often ask us is who is paying their workers comp in North Carolina. Most people assume that workers comp in North Carolina is paid through the state just like unemployment. Some may believe their employer is responsible
Here, we will explain exactly who pays for workers comp in North Carolina. If you happen to have any questions or concerns about your own workers comp case, feel free to contact us directly. Take the time to sit with one of our employment lawyers in Charlotte for your free consultation.
Employers with 3 or More Employees Must Pay for Workers Comp in North Carolina
Under North Carolina law, any company that has three or more employees is required to carry workers compensation insurance. Your employer is required to pay their premiums and ensure their plan has enough coverage to take care of any employees who may get hurt.
When you get hurt and need to go on workers comp in North Carolina, it is the insurance company who pays your benefits. This includes medical care and replacement wages. The reason this is important is that when it comes time to approve your claim, both your employer and their insurance company have a say.
Even if your employer believes your injuries are legitimate, that doesn’t mean the insurance company will pay your claim. Perhaps they feel the claim is too large and they would be better off taking their chances down the road. Or they may legitimately doubt that your injuries were related to a workplace accident. Regardless of the reason, if either your employer or their insurance company does deny your claim, one of our North Carolina personal injury lawyers will help you file an appeal.
The Insurance Company Pays Your Actual Claim and Benefits
As stated above, it’s the insurance company who actually pays for your medical care and your replacement wages, under workers comp in North Carolina. This can become a problem when it comes down to deciding whether your claim is going to be approved. If you’re like most people, you have a good relationship with your managers and your human resources director. Odds are, they’ll believe you when you report that you got hurt in a workplace accident.
However, they have no control over what the insurance company decides to do about your workers comp in North Carolina. All your manager can do is ask you to fill out an incident report and submit to a drug test. Once you’ve done thus, you’ll be sent out via ambulance for treatment.
If the doctor determines that your injuries are serious enough to put you out of work and on workers comp in North Carolina, they’ll sign that necessary paperwork and return it to your employer. Your employer will then notify the insurance company and submit your workers compensation claim.
Once the claim is submitted, the insurance adjuster will take over the claim. They’ll reach out to your employer to see what their opinion is. If your employer tells them not to pay the claim, the claim will be denied. However, even if your employer recommends the claim be paid, the insurance company has the final word.
Your North Carolina Personal Injury Lawyer Will Appeal Your Claim if Need Be
If for some reason your claim is denied, you’ll need to talk to a North Carolina personal injury lawyer for help. The first thing we’ll do is reach out to the insurance adjuster and find out why your claim was denied. Depending on the reason, they’ll then proceed to file an appeal on your behalf.
The problem with the appeals process is that the same people who denied your claim for workers comp in North Carolina are the people making the decision on your appeal. The odds of your claim being approved the second time around are not much better than they were the first time.
Typically, when your claim for workers comp in North Carolina has been denied for the second time, you’ll receive a letter in the mail from the Workers Compensation Commission. This letter will explain in detail why exactly your claim was denied. If it was denied because you were under the influence of drugs or alcohol at the time of your accident, there’s not much your attorney can do to help. However, if it was denied for any other reasons, your lawyer can certainly launch an appeal.
You May Have No Choice but to File Suit Against Your Employer
Once your appeal is filed, you’ll have to wait until you hear back regarding the final decision. If the final order from the Workers Compensation Commission informs you that your claim for workers comp in North Carolina has been denied, you still have options. The most likely option is filing suit against your employer.
This is something you’ll discuss with your employment lawyer in Charlotte during your free consultation. If you want to move forward with legal action, you’ll just let your attorney know. They’ll be more than willing to file a lawsuit against your employer under workers comp in North Carolina.
Take Advantage of Your Employment Lawyer in Charlotte’s Free Consultation
If you’ve recently suffered a workplace accident, then you should call and talk to a North Carolina personal injury lawyer about your free consultation. We like to meet with our clients as soon as possible to determine if they have a legitimate claim. If your claim for workers comp in North Carolina has already been denied, we can help file an appeal on your behalf or file suit against your employer. From that point forward, your lawyer will work hard to negotiate payment of your claim.
We recommend that you contact our office as soon as possible after your workplace accident so you can schedule your free, initial consultation. You can bet that your employer will have a team of lawyers working for them and you should too.