Compensation for Injuries at Work

At 1 Charlotte Injured Lawyers, we understand the challenges you face after a work-related injury. Navigating the workers’ compensation system can be overwhelming, especially when you’re dealing with medical treatments, missed work, and the stress of filing claims. Our experienced workers’ compensation lawyers help employees in Charlotte, Raleigh, Durham, Asheville, and surrounding areas secure the workers’ compensation benefits they deserve.

Whether you’ve been injured at work in a construction accident or developed an occupational disease, we fight to protect your rights against insurance carriers who may try to minimize or deny your claim. Let us guide you through every step of the process and help you get compensation for injuries at work.

Contact us today for a free case review.

Compensation for Injuries at Work

Workers’ compensation benefits in North Carolina provide crucial support for employees who suffer work-related injuries or illnesses. These benefits are designed to cover medical expenses, replace lost wages, and assist in rehabilitation when necessary.

Compensation for injuries at work, workers’ compensation in North Carolina

Medical Treatment

Medical benefits are a cornerstone of workers’ compensation in North Carolina. The employer or their insurance company is responsible for covering all necessary medical treatment related to the work injury or illness. This includes doctor visits, surgical procedures, medications, diagnostic tests, and even travel expenses if the employee must travel more than 20 miles round-trip for medical care.

It’s important to note that while the employer initially chooses the treating physician, an injured worker can petition the Industrial Commission to change doctors if needed.

Disability Benefits

Disability benefits, also known as wage replacement or indemnity benefits, are another crucial component of workers’ compensation in North Carolina. These benefits are typically calculated at two-thirds of the employee’s average weekly wage before the injury, subject to a maximum amount set by law.

There are several types of disability benefits, including temporary total disability, temporary partial disability, permanent partial disability, and total and permanent disability.

The specific type of benefits an injured worker receives depends on the nature and extent of their injury, as well as their ability to return to work.

Vocational Rehabilitation

Vocational rehabilitation is an essential service under North Carolina’s workers’ compensation system. This process begins when an injured employee reaches maximum medical improvement and is found to have permanent restrictions that prevent them from returning to their previous job.

Vocational rehabilitation services can include job placement assistance, skills assessment, retraining, and education. The goal is to help injured workers find suitable employment.

Death Benefits

In the unfortunate event of a work-related death, workers’ compensation in North Carolina provides death benefits to the deceased worker’s dependents. These benefits typically include compensation for funeral and burial expenses and ongoing payments to eligible family members to help replace lost income.

How Much Are Workers’ Compensation Benefits in North Carolina?

North Carolina workers’ compensation benefits are designed to support employees who have been injured or become ill due to their jobs. There are four main types of disability benefits available.

Temporary Total Disability Benefits

TTD benefits are provided to workers who are temporarily unable to return to work in any capacity due to a work-related injury or illness. Temporary total disability benefits pay two-thirds (66 2/3%) of the worker’s average weekly wage, up to a maximum compensation rate set annually by the North Carolina Industrial Commission.

These begin after a seven-day waiting period and can last up to 500 weeks from the date of injury. If the disability lasts more than 21 working days, the worker becomes eligible for retroactive compensation for the initial seven-day waiting period.

Temporary Partial Disability Benefits

TPD benefits are designed for employees who can return to work but at a reduced capacity and wage during their recovery period.

Temporary Partial Disability Benefits pay two-thirds of the difference between the worker’s pre-injury average weekly wage and their current earnings. For cases arising after June 24, 2011, TPD benefits can continue for up to 500 weeks.

Permanent Partial Disability Benefits

PPD benefits are provided to workers who have reached maximum medical improvement (MMI) but are left with a permanent impairment.

Permanent Partial Disability benefits are calculated by multiplying two-thirds of the worker’s average weekly wage by the number of weeks determined by the specific body part affected and the impairment rating. North Carolina law determines how many weeks of benefits workers can receive for injuries to different body parts.

Permanent Total Disability Benefits

PTD benefits are for workers who are permanently and totally disabled due to their work-related injury or illness. According to N.C.G.S. § 97-29, injured workers may qualify for permanent total disability (PTD) benefits if they have 1 or more of the following limitations:

  • Severe brain or closed head injury
  • Spinal cord injury with severe paralysis of both arms, both legs, or the trunk
  • Loss of both hands, both arms, both feet, both legs, both eyes, or any two of these body parts
  • Second-degree or third-degree burns to 33 percent or more of the total body surface

Permanent disability benefits can continue for life if the injured employee can’t work in any capacity.

North Carolina workers' compensation benefits, hard hat with money bag

What Companies Must Have Workers’ Compensation Insurance in North Carolina?

In North Carolina, most businesses with three or more employees are required to carry workers’ compensation insurance or qualify as self-insured employers. This requirement applies to various business structures, including:

  • Corporations
  • Sole proprietorships
  • Limited liability companies (LLCs)
  • Partnerships

While the general rule requires businesses with three or more employees to have coverage, there are some exceptions:

  • Casual employees (those who do not work regular hours and can leave without notice)
  • Domestic or household employees directly employed by the household
  • Farm workers when fewer than 10 full-time, non-seasonal farm laborers are regularly employed
  • Federal government employees in North Carolina
  • Certain railroad employees
  • Sellers of agricultural products for producers on commission or other compensation paid by the producers.

Independent contractors are not covered by workers’ compensation. Sometimes, employers misclassify employees as independent contractors. The North Carolina Industrial Commission may still consider workers as employees based on factors such as the degree of control exercised by the employer over the work details.

What Injuries and Illnesses Qualify for Workers’ Compensation Benefits?

To qualify for workers’ compensation benefits in North Carolina, an injury or illness must be related to the employee’s job duties or work environment.

Workplace Injuries

If you are injured at work while performing your job duties, you can claim compensation. Not all workplace injuries are covered by workers’ compensation. Some exclusions and limitations include:

  • Injuries that occur while an employee is intoxicated or using drugs
  • Self-inflicted injuries
  • Injuries from horseplay or fighting

Occupational Diseases

Certain illnesses developed due to work conditions may be covered. These can include:

  • Carpal tunnel syndrome
  • Some cancers
  • Hearing loss

To qualify for compensation for occupational diseases, employees must demonstrate:

  • They were at an increased risk of contracting the disease compared to the general public.
  • The hazardous working conditions contributed to the disease.

What to Do After a Work-Related Injury

Suffering a work-related injury can be a life-altering event, impacting your health, livelihood, and peace of mind. peace of mind. In North Carolina, the workers’ compensation system is designed to provide benefits for employees who are injured on the job, covering medical expenses and lost wages.

Construction worker receiving first aid for work-related injury

Report the Work Injury to Your Employer

Employees should provide notice to their employer as soon as possible. Ideally, this should be done within 24 hours of the work-related injury. North Carolina law requires injuries to be reported within 30 days to qualify for workers’ compensation benefits.

When reporting your injury:

  • Notify your supervisor, manager, or HR department.
  • Provide details about the time, date, location, and nature of the accident.
  • Submit a report in writing and keep a copy for your records.

Failure to report your injury on time could jeopardize your eligibility for benefits.

Seek Medical Attention Immediately

After a workplace injury, your health should be your top priority. Even if the injury seems minor, it’s essential to seek medical attention. Some injuries may not show immediate symptoms.

In North Carolina, your employer or their insurance carrier has the right to direct you to a specific healthcare provider. If your employer has a designated doctor or clinic, you should visit them for initial treatment. However, in emergency situations, you can go to the emergency room for urgent medical care.

Be sure to:

  • Inform the medical provider that your injury occurred at work.
  • Keep all medical records, including diagnoses, treatment plans, and bills.
  • Follow the doctor’s recommendations and attend all follow-up appointments.

Document Everything

Accurate documentation can make or break your workers’ compensation claim. Keeping detailed records will strengthen your case and ensure that you’re prepared to address any disputes or challenges from insurance carriers or employers.

Document the following:

  • The circumstances of your injury, including photos or videos of the accident site, if possible.
  • Witness statements from coworkers who saw the accident.
  • A journal of your symptoms, pain levels, and recovery progress.
  • Copies of all correspondence with your employer and their insurance company.

File a Workers’ Compensation Claim

To begin the process of receiving workers’ compensation benefits, you must file a claim with the North Carolina Industrial Commission (NCIC). This involves completing Form 18 (Notice of Accident to Employer and Claim of Employee) and submitting it to the NCIC and your employer.

Key points about filing your claim:

  • Form 18 must be submitted within two years of the date of your injury to preserve your claim.
  • Include detailed information about your injury and how it occurred.
  • Keep a copy of your completed form and proof of submission.

Your employer is also required to report the injury to their insurance carrier and the NCIC by filing a Form 19 (Employer’s Report of Employee’s Injury or Occupational Disease). Our workers’ compensation lawyers can guide you through the claims process and help you get the benefits you deserve.

North Carolina Workers’ Compensation Lawyer Helping Injured Employee

Contact Our Workers’ Compensation Lawyers Today

Workplace accidents can lead to costly medical bills and lost time from work. Workers’ compensation is designed to help injured workers during this difficult time. Workers’ compensation benefits cover medical treatment and partially replace lost wages. However, managing a workers’ compensation claim can be complicated.

Our North Carolina workers’ compensation lawyers can help you navigate the process and receive benefits. We will advocate for your rights if the insurance company denies your claim or tries to minimize your compensation.

We serve Charlotte, Raleigh, Durham, Asheville, and surrounding areas, including:

Contact us today for a free consultation by calling (704) 706-2689 or completing our online form!

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