- June 19, 2022
In North Carolina, most employers are required to carry workers compensation insurance. It’s not optional. Of course, there are a few companies that can get away with not having this type of insurance. The questions you should ask yourself is whether your employer carries workers compensation insurance. If you get hurt, will they take care of you? Many of our clients have similar concerns. They suffer a workplace injury and file their accident report. Days or weeks go by, and they have no idea what the status of their claim is. By the time they finally reach out to a workers compensation attorney in Charlotte, they’re scared and frustrated.
There’s no good reason why your employer should leave you in the dark. If they don’t have the necessary insurance, they should tell you. The problem is that they know they’ll be facing stiff fines and other penalties if the admit they aren’t insured. Our Charlotte injury attorneys deal with these situations more often than you may think. If they confirm that your employer doesn’t have insurance, they can always file a personal injury lawsuit against them. If they have denied your claim, then your attorney can always file an appeal. It really depends on the situation at hand.
Here, we’ll discuss what the laws are in North Carolina when it comes to workers compensation insurance. We’ll also let you know which industries and business sectors don’t offer workers comp to their employees. If, after reading this article, you still have questions, don’t hesitate to contact our office. We can always schedule your free, initial consultation with one of our seasoned workers compensation attorneys in Charlotte.
Why Is An Employer in North Carolina Required to Carry Workers Compensation Insurance?
As mentioned above, almost all employers in Charlotte, North Carolina are required to carry workers compensation insurance. This is no different than any other type of insurance. For example, companies are required to carry general liability insurance. This covers any accidents or injuries that take place on their properties. For example, if you go to the grocery store and fall on a wet floor, you’d likely have to file a personal injury lawsuit against the owner of the store. Their insurance carrier would have the choice of paying your claim or denying it. If it’s denied, your Charlotte injury attorney would have no choice but to file suit against them.
The same things applies to workers comp. if you get hurt at work, then you’ll be able to file a claim with your employer’s workers comp insurance carrier. They have the choice to approve or deny your claim. If it’s approved, they’ll initiate your benefits within a couple of weeks. You’ll receive medical care and replacement wages. If, however, your claim is denied, your workers compensation attorney in Charlotte, will have to appeal their decision. Depending on the outcome of this appeal, you may have to pursue legal action against both your employer and their insurance carrier.
Which Companies Are Required to Carry Workers Compensation Insurance in North Carolina?
Almost all companies in North Carolina are legally required to carry workers comp insurance. There are a few exceptions. For example, if a company has less than 3 employees, they aren’t required to carry insurance. There are also certain industries that do not require employers to offer workers compensation. These include the following:
- Agricultural workers
- Domestic servants
- Railroad employees
- Federal workers
- Casual employees (seasonal or short-term workers)
- Independent contractors
For the most part, if you belong to any of these groups, you won’t be eligible for workers comp. if you get hurt on the job, you’ll have to seek out other avenues of redress. Perhaps you’re in a union. If so, they often offer incredible benefits for workers who get hurt on the job. The same is true for railroad employees. They have their own programs that cover their workers’ medical care and wages.
What Benefits Do You Receive from your Employer if Your Workers Compensation Claim is Approved?
Most people who get hurt at work have no problem applying for workers compensation benefits. They file their claim and it’s approved within a matter of weeks. For some people, however, it’s not this easy. They file their claim and it’s either denied or put off for weeks on end. Rather than wait to see what the outcome is, you should really consider talking to an experienced workers compensation attorney in Charlotte.
If your claim is approved, you can expect to receive the following benefits:
- Medical care – Any bills or out-of-pocket expenses for your medical care will be covered. As long as you are treated by a company-approved doctor, you won’t have to worry about paying anything toward your medical care.
- Replacement wages – Nobody can survive without their paycheck for weeks or months at a time. Under workers comp in North Carolina, you’re entitled to weekly replacement wages for 2/3 of your average weekly wage. If you typically earn $500 per week, you will receive $333 under workers comp. Of course, there are limits to how much you can receive. There is also a limit to how long you can expect to receive their benefits.
If you’re receiving workers comp benefits in North Carolina, you can only collect them for up to 2 years. By that point, your Charlotte injury attorney will need to either settle your claim or demonstrate a permanent partial or total disability. If this happens, you’ll be able to demand long-term benefits. It is all based on how serious your injuries are and what part of body was injured.
Call and Talk to One of Our Workers Compensation Attorneys in Charlotte Now
If you or your loved one have been injured at work, you’ll need help. The workers compensation laws in North Carolina can be confusing. You should focus on getting better, not fighting with the insurance company. Let our expert workers compensation attorneys in Charlotte handle the legal side of things for you. They’ll make sure your claim is handled properly when you file it. If it’s denied, they’ll help you file an appeal. And, if you learn that your employer doesn’t offer workers compensation insurance, they’ll report them and file a lawsuit on your behalf.
All you have to do is call our office and schedule your free, initial consultation. Explain your situation to one of our associates who can explain what options you have. They can also reach out to your employer and find out whether they intend to honor your claim. The consultation is free and you don’t pay anything until your case is resolved.
