Can State Employees Receive Workers Compensation Benefits in North Carolina?

Can State Employees Receive Workers Compensation Benefits in North Carolina?
FREE CASE EVALUATION

As a State employee, you may feel compelled to uphold your loyalty to your department. It’s no secret that State employees are often pushed to resolve issues internally, and to generally keep things quiet. But what happens when you’re hurt on the job, and you need to do something about it for yourself or your family. 

What you can do is to get the help of a qualified and experienced Charlotte workers compensation lawyer. Not only do you have access to get the help that you need, but you should have someone by your side that can go through appeals, an ALJ judge, and more with you. 

Risks That State Employee’s Experience

Often when people think of state employees, they bring to mind the people who sit in DMV offices, teachers, and other mostly sedentary jobs. However, teachers are often hurt at work, DMV staff, Family department staff, all of the maintenance and security staff are all at risk. 

Slip and fall risks are among the most common issue for employees, and that risk is everywhere. There is also the risk of attack or assault, and various other ways to receive an injury.

A state employee that has been injured on a work site.

Many people find themselves filing workers’ compensation claims for repetitive motion injuries as well, such as the carpal tunnel. 

Just because an employee seems to not spend much time being physically active doesn’t mean they’re in a no-risk job. Additionally, many state employees spend much of their day in high-risk situations, such as on construction sites, open freeways, and more. The overall thought on state employees when it comes to risk is far from reality. 

How Can a State Employee File for Worker’s Compensates

Just like any other employee, a state worker can file for worker’s compensation through their division’s HR office. For example, someone who slipped and fell at work may notify their immediate supervisor, file an accident report, and then move up the line to file a worker’s comp report. 

There is a protocol for reporting injuries, as well as fatalities, and it can make it exceptionally difficult for people to get compensation if they don’t follow these necessary steps. North Carolina state acknowledges that all state employees have a right to report their work-based injuries or illnesses. Additionally, they acknowledge that reporting these injuries won’t result in discharge or discrimination. 

Now, if you receive a denial of your worker’s compensation claim, which is not uncommon, then you would go through for appeals. Just like any private employer, the State maintains an insurance policy for worker’s comp, that policy provider can deny claims. That does not mean that your claim isn’t valid, it often means there was an error, or there were discrepancies with your application. Appeals allow you to address those and move forward. 

Will They Need to File Additional Reports 

There are unbelievable amounts of reports to file as a state employee, and yes, there are additional reports to file. First, you must document the injury or accident. Second, you would file your worker’s comp application. Third, you would go through and see if there was a hazard recognition program, and if one needs to be created. 

The reports all exist to create a document trail that shows that the person injured did the right things. It very much puts the effort onto the victim, which is largely unfair. 

Should State Employees Contact OSHA?

Absolutely, OSHA is not against or restricted from investigating State or government entities as an employer. You would simply head over to the OSHA website and file a complaint. In that complaint, you would outline the current policy, guidelines, or instruction and then explain what happened with your injury. 

Giving a clear depiction of how your accident happened and what should have happened it critical. It is possible to report anonymously to OSHA, so you’re not putting your job at risk. However, it’s not unreasonable for managers to deduce who filed the complaint. 

Should a State Employee Get a Workers Compensation Attorney in Charlotte?

Your employer should not be able to take any retaliation against an employee who involves an attorney. Your choice to involve an attorney for your case is a personal decision, and you’re protecting your best interest. 

At Charlotte Workers Compensation Lawyers, you should have access to the resources necessary to file your claim. You can file for worker’s comp to seek compensation for your injuries, and file complaints or hazard report form to help reduce the likelihood of the same thing happening to someone else. 

How Long Can You Receive Workers Compensation Benefits
Workers’ Compensation for Carpal Tunnel
Is COVID-19 Affecting Your Workers’ Compensation Insurance?
Does Your Work Environment Meet Basic Occupational Health Standards?
LET’S GET STARTED WITH YOUR FREE CONSULTATION