If you have been injured while on the job, workers’ compensation can help you get the medical attention you need and pay your bills while you are unable to work. If you have been hurt at work, workers’ compensation will likely be a large part of your life for some time. In order to understand workers’ compensation, workers’ compensation lawyers must become familiar with workers’ compensation laws to assist their clients best.
At Collier Law, workers’ compensation attorneys near Monroe, NC, work to help workers and their families with workers comp claims.
What you should know about workers’ compensation in Monroe, NC
Workers’ compensation is a type of employee benefit that covers workers who are injured or become ill on the job, in return for mandatory relinquishment of their right to sue their employers for such injuries. Generally, workers’ compensation is the exclusive remedy for work-related injuries and illnesses.
Workers’ compensation provides wage replacement and coverage of medical expenses to workers who are victims of workplace injury. It is a no-fault system that requires workers to relinquish their right to sue their employers for the tort of negligence.
Workers’ compensation benefits include:
– Payments for lost wages;
– Death benefits paid to workers’ families.
Conditions for Workers’ Compensation in Monroe, NC
To qualify for workers’ compensation, an employee must establish that their injury or illness arose out of and in the course of employment. This is typically established through reports filed by an employer with the workers’ compensation insurer, including a sworn statement from the employee. A NC workers’ compensation attorney can help you fully understand the conditions that your employer’s insurance company is looking for.
What to do after a workplace injury in Monroe, NC.
An employee who has been injured on the job may be eligible for workers’ compensation benefits. These benefits can include payment of a portion of lost wages to employees who are too injured to work, as well as payment for medical bills and rehabilitation costs.
Most workers’ compensation benefits are paid through private insurance companies with workers’ compensation insurance. However, in some states, the workers’ compensation system is administered by state agencies that provide workers’ compensation benefits from state treasuries.
Documentation of the workplace accident
Documentation of the accident is very important. It is important for workers to take photographs of the accident scene, which should include precise measurements of distances and angles between relevant objects.
Furthermore, workers should document how their work duties were altered by their personal injury in an effort to determine whether they are able-bodied enough to return to work in the same capacity as before the injury.
Filing a workers’ compensation claim
In order to receive workers’ compensation benefits in Monroe, NC, workers must file with their local workers’ compensation insurance company within three years of their accident or injury. For workers who are unable to manage this task on their own, workers’ compensation lawyers can help workers with filing workers’ compensation claims.
Contact a workers’ compensation lawyer
A workers’ compensation lawyer will help guide you through the process of getting coverage for your workplace injuries. Hiring a Monore, NC workers’ compensation lawyer can assist with the filing process and disputing denied claims, and can defend you in court should the need arise. Legal issues can be difficult to navigate without attorneys trained in the workers’ compensation legal system.
Light Duty Return To Work
If you are injured in North Carolina, your employer will often attempt to make you return to work before you are ready. There are certain hoops the law requires the employer to jump through, but many employers will take advantage of an unrepresented worker to get around these.
The statute covering return to work light duty states that before an injured worker may return to work, the employer must have a light-duty job description approved by the treating physician. The proposed work must be within the employee’s work restrictions. This is very important to know, as there have been cases where an employer will make someone return to work light duty only to find a reason to terminate them at a later point.
How does workers’ compensation work?
The workers’ compensation system is designed to provide benefits for workers who are injured or develop certain illnesses that occur on the job. Workers’ compensation does not provide benefits for injuries or illnesses that occur outside of the employment relationship. Also, workers’ compensation benefits are not available to workers who are hurt because of their own negligence.
Am I eligible for workers’ compensation?
Generally, workers’ compensation benefits are available to workers who are hurt on the job. However, workers’ compensation generally does not cover injuries that occur outside of the employment setting. Additionally, workers’ compensation does not provide benefits for injuries or illnesses caused by the workers’ own negligence.
Who decides how much workers’ compensation I receive?
Workers’ compensation benefits are established by workers’ compensation statutes in each state. The workers’ compensation laws establish the types of injuries and illnesses that workers’ compensation will cover, guidelines for medical care and return to work, and the workers’ compensation rates.
There are different workers’ compensation benefit rates in every state. For example, in North Carolina, workers’ compensation benefits include payment for a portion of lost wages if the worker is unable to work because of a workers’ compensation injury, as well as payment for medical bills and rehabilitation costs.
How long do workers’ compensation benefits last?
Workers’ compensation benefits usually last until workers’ conditions have returned to the level they were before the work-related injury or illness occurred. In some cases, workers’ compensation benefits last until workers have reached maximum medical improvement.
What if my employer does not provide workers’ compensation insurance?
If injured workers are not paid workers’ compensation benefits, these workers may have the option of filing a civil lawsuit against their employer. To maximize workers’ compensation benefits, workers should report their injuries as soon as possible and seek medical treatment promptly.
How soon do I have to file an injury claim for workers’ compensation?
Workers’ compensation claims must be filed within a certain amount of time. Typically workers have two years to file workers’ compensation claims, but in some cases, workers may need to act quickly. For example, if the employer knows that the worker was injured or that an injury is job-related, workers only have 30 days to report that injury to workers’ compensation.
Can you be fired while on workers’ compensation in NC?
It is unlawful to fire workers because of workers’ compensation claims. Workers’ compensation provides wage replacement and medical benefits to workers injured or who fall ill due to their jobs. It is a no-fault system that requires workers to relinquish their right to sue their employers for the tort of negligence.
An employer may not punish workers for filing workers’ compensation claims or for taking workers’ compensation benefits. Workers who are denied workers’ compensation benefits may be able to recover workers’ compensation benefits, and reinstatement with back pay, with the help of trained attorneys familiar with workers’ compensation law.
How long does it take to get a workers comp settlement check in NC?
It depends on the workers’ comp insurer. A workers’ comp settlement check is normally sent to an injured worker’s workers’ compensation attorney, who then forwards it to the client. The workers’ comp insurer may set a schedule of payments over time, in which case there are no actual workers comp settlement checks until the workers’ comp insurer is legally obligated to pay a lump sum.
Do I need a workers’ compensation lawyer?
If workers are not paid workers’ compensation benefits, workers may have the option of filing a civil lawsuit against their employer. To maximize workers’ compensation benefits, workers should report their injuries as soon as possible and seek medical treatment promptly. Workers should also consult with an experienced workers’ compensation attorney to ensure that they are filing claims in compliance with North Carolina workers’ compensation laws. Failing to comply with workers’ compensation laws may result in workers losing future workers’ compensation benefits or receiving less than what workers are entitled to.
Contact the Law Offices of Collier Law Today
Collier Law can help workers in Monroe and throughout North Carolina with workers’ compensation claims and workers’ comp benefits. We offer free consultations, and we accept workers’ compensation cases on a contingency fee basis. This means that workers will only have to pay an attorney if they win their workers’ comp case. Workers who are not workers’ compensation claimants can also contact us to schedule a free consultation regarding workers’ rights, workers’ compensation laws, and the workers’ compensation claims process.