- May 6, 2022
- Workers' Compensation
Dealing with a workplace injury often becomes challenging. Hiring experienced workers’ comp lawyers in Charlotte can help you obtain the compensation you deserve. Understanding workers’ comp laws is essential to preserving your rights.
The worker’s compensation laws in North Carolina provide wage replacement and medical treatment to people who no longer can work due to workplace injury. When an employee is injured due to an accident or occupational disease, the employee becomes entitled to receive workers’ compensation benefits under workers’ comp laws.
Workers’ compensation is provided to recover the economic losses of the victim. Each year millions of people suffer injuries at the workplace; In 2020, there were 4 million medically consulted work-related injuries reported in the U.S.
Understanding NC Workers’ Compensation Laws & How Workers’ Compensation Lawyers in Charlotte Can Help:
If you suffered a workplace accident for the first time, you may be confused about what to expect from the process of North Carolina workers’ comp and how long would it take to settle the case. Discussing your case with expert workers’ compensation lawyers in Charlotte can help you in answering all your questions.
Speak to our attorneys today to get the right legal advice according to your case. Enacted by the statute in 1929, NC’s workers’ compensation laws require businesses with three or more employees to have workers’ compensation insurance.
Requirement for Notice:
According to the North Carolina Workers Compensation Act, employees who get injured at a workplace and can no longer work are authorized to receive compensation. The employee should be either self-insured or under worker’s compensation coverage as insurance.
A written notice is required to be submitted by the victim whenever an accident occurs. The employee who suffered a workplace injury should notify the employer with a written notice and the notice should be submitted within 30 days of the incident. The limit to filing the notice is two years.
Sole Remedy & No-Fault:
An injured employee’s sole remedy is workers’ compensation. This means in North Carolina, injured employees are only entitled to workers’ compensation benefits and nothing else. Workers’ compensation and negligence claims are two separate claims and in North Carolina, both negligence and workers’ compensation claims are considered entirely different.
The worker’s comp claim in NC provides more benefits to employees. You won’t have to prove the negligence of your employer to receive a workers’ compensation claim. In certain situations, it becomes very difficult for the employees to prove the negligence of the employer. Rather, it is easier to just prove that you have suffered the injury on the job. Moreover, many injuries are not caused by someone else’s negligence.
Workers’ Comp Benefits:
The benefits for workers’ compensation under the current system are limited. The two primary benefits received by the victims include all injury-related medical expenses and disability benefits. The medical expenses include prescriptions and treatment. You must see a physician approved by the insurance carrier or employer. You can petition the Industrial Commission if you wish to change physicians.
If you suffered an injury and due to the injury you are out of work for more than seven days, you will be eligible to receive temporary disability payments. These payments are provided by the insurance company every day until the doctor clears you. Permanent partial disability allows victims to receive compensation when they suffer a permanent injury to a particular body part.
An employee will receive lifetime benefits if they suffer total and permanent disability. Disability payments along with medical expenses will be covered in compensation and these disability payments are calculated as two-thirds (66.66%) of the weekly average gross wage of an employee. Under NC workers’ compensation, you cannot claim pain and suffering as part of the compensation.
The Workers Compensation Process:
When you consult workers’ compensation lawyers in Charlotte for your compensation claim, you will get all the necessary information. You will sign certain forms to allow your attorney to gather information.
Your attorney will also notify the Industrial Commission and your employer’s insurance provider. Your lawyer will gather information and evidence for your injury through your medical records and other supporting documents. The witnesses will be interviewed by your lawyer to build a stronger claim.
If required, your attorney may seek assistance from an investigator. You should be completely honest with your attorney and provide complete details regarding your case because it will allow your attorney to handle your case effectively. Ask questions from your attorney and clear all misunderstandings before proceeding further with the case.
Responsibilities of in an NC Workers’ Compensation Claim:
Working together with your attorney will benefit your case outcomes. You can do the following things to help your attorney in establishing a strong claim:
- Keep a record of all the incurred medical expenses including prescriptions
- Inform your lawyer when your doctor releases you from medical care
- Keep a record of mileage related to the accident appointments to the medical professionals; this will be fully reimbursed
- A written note for missed days from work by your doctor is very important to start your claim for disability payments
- Keep in touch with your attorney
- Keep up to pace with your appointments with the therapists and doctor. If you fail to visit your doctor, your benefits can be cut off.
Consult Workers’ Compensation Lawyers in Charlotte for Your Compensation Claim:
If you or your loved ones suffered a workplace injury, immediately consult your case with a Charlotte personal injury attorney and workers’ comp attorney to know more about your legal rights. We have years of experience and knowledge to help you in this difficult time.
We aim to strengthen your case and obtain the rightful compensation that can recover your losses. Our attorneys will help you throughout the case from gathering evidence, documentation, and negotiations, to filing the claim. Let us help you while you focus on a healthy recovery.
