Workplace injuries are not uncommon. However, they are often preventable with the proper safety measures in place. If you or someone you know has been injured at work, it is important to report the incident as soon as possible.
You are not alone if you or a loved one has been injured in a work-related accident in North Carolina. To help you through this tough time, turn to knowledgeable and compassionate workers’ compensation lawyers. At Collier Law, our workers’ compensation lawyers will help you take the burden off you and your family during recovery. Call today for a free consultation.
Workers’ Compensation in North Carolina
You may be entitled to workers’ compensation benefits if you have been injured at work. Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill due to their job. Most employers in North Carolina must be a workers’ compensation carrier.
To be eligible for workers’ compensation benefits, you must have been injured or become ill while performing your job duties. The injury does not have to be caused by your employer’s negligence to be covered under workers’ compensation. However, if your injury was caused by your own negligence (e.g., you were not following safety procedures), you may not be eligible for benefits.
Steps to Take After a Work-Related Injury
After a workplace injury occurs, the North Carolina Industrial Commission recommends taking the following steps:
Report Your Injury to Your Employer
Once you have been injured, you should notify your employer as soon as possible. You can do this verbally or in writing. If you notify your employer verbally, be sure to follow up with written notification as well. Written notice must be given within 30 days of the injury.
Seek Medical Treatment
After you have reported your injury, you should see a doctor as soon as possible. You can visit your own doctor or a workers’ compensation-approved doctor. Workers’ compensation will only pay for medical treatment that is deemed necessary to treat your injury.
Follow Your Doctor’s Treatment Plan
Once you have seen a doctor, it is important that you follow their treatment plan. This may include taking medication, undergoing physical therapy, or having surgery.
Keep Detailed Records
Finally, it is important that you keep detailed records of your injury and treatment. This includes keeping track of all medical appointments, medications, and expenses related to your injury. These records will be important if you need to file a workers’ compensation claim or appeal a denial of benefits.
How Long Do I Have to Report My Injury in North Carolina?
You have up to 30 days from the date of your injury to notify your employer in North Carolina. You may be ineligible for workers’ compensation benefits if you do not notify your employer within this time frame.
Additionally, the Statute of Limitations states that you have two years from the date of your injury to file a workers’ compensation claim form with the Industrial Commission. If you do not file your claim within this time frame, you will be unable to receive benefits.
Can I Be Fired for Filing a Workers’ Compensation Claim in North Carolina?
No, an injured employee cannot be fired for filing a workers’ compensation claim in North Carolina. It is against the law for an employer to retaliate against employees for filing workers’ compensation claims. If you are fired or otherwise retaliated against after filing a claim, you may be able to file a lawsuit against your employer. Contact a workers’ comp lawyer to discuss your legal options.
What Should I Do if My Workers’ Compensation Claim is Denied in North Carolina?
If your workers’ compensation claim is denied, you have the right to file an appeal and ask for a hearing before a deputy commissioner. The hearing process can be complex, so it is important to consult with a workers’ comp lawyer before taking any action. An experienced lawyer can help you navigate the appeals process and give you the best chance of success.
What Do Workers’ Compensation Benefits Cover?
In North Carolina, workers’ compensation covers medical expenses and lost wages for employees who are injured on the job. Workers’ compensation is a no-fault system, which means the employee can recover even if he or she is at fault. Additionally, workers’ compensation will only pay for medical treatment that is deemed necessary to treat the injury. Finally, benefits for lost wages are typically two-thirds of the employee’s average weekly wage, up to a maximum amount set by the state.
When Will I Start Receiving Workers’ Compensations Benefits?
In most cases, you will start receiving benefits for work-related injuries within a few weeks of your employer being notified of your injury. However, if your employer disputes your claim, benefits may be delayed. Additionally, benefits may be denied if you do not follow your doctor’s treatment plan.
How Long Will I Receive Workers’ Compensation Benefits?
The length of time you receive workers’ compensation benefits will depend on the severity of your injury and whether you can return to work. If your claim is accepted, and you are unable to work, then the insurance carrier will pay you a weekly check in the amount of ⅔ of your pay until you are able to return to work, you resolve your case for a settlement, or a judge allows them to terminate your benefits.
Contact Collier Law Today – North Carolina Workers’ Compensation Lawyer For a Free Consultation
As an injured worker under North Carolina law, you have a right to fair compensation, and your employer has an obligation to provide it.
The workers’ compensation insurance carrier will try to rush injured workers through the claims process, leading to smaller payouts. When you hire a skilled workers’ compensation attorney, you’ll have someone fight for your case. When you’re a client at Collier Law, you are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve above all else.
Contact us today for a free evaluation. We will honestly evaluate the details of your case and offer personalized, compassionate legal counsel at no obligation to you. We work hard to earn our clients’ trust and business, and we only get paid when you do.