Workers’ compensation is a crucial safety net for employees who suffer injuries while performing their job duties. It provides wage replacement and medical benefits, ensuring that injured workers are not left in financial distress. This guide will walk you through the process of filing a workers’ comp claim in North Carolina, focusing on the legal aspects involved.

Step 1: Immediate Medical Attention

The moment an injury occurs at work, it’s imperative to seek immediate medical attention. Prioritize your health above all else. Inform the healthcare provider that your injury occurred at work, as this information is crucial for your claim.

Step 2: Informing Your Employer

After addressing your immediate medical needs, the next step is to inform your employer about the incident. According to N.C. Gen. Stat. §97-22, you have 30 days to report the injury to your employer. Providing written notice and retaining a copy for your records is advisable to ensure there’s documented proof of the report.

Step 3: Filing a Claim with the North Carolina Industrial Commission

To initiate your workers’ comp claim, you must file Form 18 with the North Carolina Industrial Commission as per N.C. Gen. Stat. §97-24. This form should be filed within two years from the date of the injury. It’s crucial to fill out this form accurately and completely, as it contains vital information about your injury and the circumstances surrounding it.

Step 4: Employer’s Response

Upon receiving your claim, your employer has 14 days to respond as per N.C. Gen. Stat. §97-18. They can either accept liability for your injury, which means they acknowledge that your injury is work-related and covered by workers’ compensation, or they can deny your claim. 

If your workers’ comp claim is denied, you have the right to request a hearing before the North Carolina Industrial Commission to dispute the denial.

Step 5: Medical Evaluation and Treatment

If your workers’ comp claim is accepted, you will receive medical treatment for your injuries as per N.C. Gen. Stat. §97-25. The cost of this treatment, including doctor visits, physical therapy, and any necessary surgeries, will be covered by your employer’s workers’ compensation insurance. It’s important to follow all recommended treatments to ensure the best possible recovery.

Step 6: Returning to Work

Once your doctor determines that you’re able to return to work, whether in a full or limited capacity, you should communicate this to your employer. If you’re unable to perform your previous duties due to your injury, you may be entitled to vocational rehabilitation services as per N.C. Gen. Stat. §97-32.1, which can help you learn new skills or find a new job that accommodates your physical limitations.

Step 7: Settlement

After your treatment is complete and you’ve reached what’s known as “maximum medical improvement,” your case can be settled. You may receive compensation for any permanent impairment caused by your injury, or for any wage loss you’ve suffered as a result of your injury as per N.C. Gen. Stat. §97-31 and §97-29.

Appealing a Denied Workers Comp Claim

If your workers’ compensation claim is denied, it’s important to understand the appeal process in North Carolina.

Step 1: Request a Hearing

If your claim is denied, you have the right to request a hearing before the North Carolina Industrial Commission. This request should be made by filing a Form 33, Request for Hearing.

Step 2: Pre-Trial Conference

Before the hearing, a pre-trial conference may be held to clarify the issues in dispute and to determine if a settlement can be reached.

Step 3: The Hearing

If a settlement cannot be reached, a hearing will be held before a Deputy Commissioner. Both you and your employer will have the opportunity to present evidence and argue your case.

Step 4: Decision

After the hearing, the Deputy Commissioner will issue a decision. If you disagree with the decision, you can appeal to the Full Commission.

Step 5: Appeal to the Full Commission

If you disagree with the decision of the Deputy Commissioner, you can appeal to the Full Commission by filing a Form 44, Application for Review.

Step 6: Further Appeals

If you’re still dissatisfied with the decision, further appeals can be made to the North Carolina Court of Appeals and, ultimately, the North Carolina Supreme Court.

Remember, navigating the appeals process can be complex and time-consuming. It’s often beneficial to seek legal representation to ensure your rights are protected.

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Filing a workers’ compensation claim involves navigating a complex legal process. Understanding your rights and responsibilities at each step of the process can help ensure that you receive the benefits you’re entitled to. For legal advice tailored to your specific situation, reach out to our North Carolina Workers Compensation Lawyers by contacting 919-328-2336.

Workers’ compensation is a complex field, and one of the key components that often comes into play is the Independent Medical Examination (IME). This examination plays a pivotal role in shaping the trajectory of a worker’s compensation claim, especially in North Carolina. This blog post will explore the legal nuances of IMEs within the context of North Carolina’s workers’ compensation system.

Our workers comp lawyers are here to help with your case, so contact us today.

Understanding Independent Medical Examinations (IME)

An Independent Medical Examination is a medical assessment performed by a physician who has no prior involvement in the patient’s care. The primary objective of an IME is to offer an impartial medical viewpoint regarding the worker’s health condition.

The Legal Framework of IMEs in North Carolina

The regulations governing IMEs in North Carolina are encapsulated in the North Carolina General Statute §97-27. As per this statute, following an injury, as long as the employee is claiming compensation, they must undergo an IME if the employer requests it or if it is ordered by the Industrial Commission. This is applicable even if the employee’s claim has been rejected.

The IME should be conducted by a duly qualified physician who holds a license and is practicing in North Carolina. The examination should be scheduled at reasonable times and locations. If an employee declines to undergo an IME, their right to compensation may be suspended until they comply.

Direct Communication with the IME Physician

In contrast to most medical treatments, an employer or its insurance company is permitted to communicate directly with the IME physician. However, the IME doctor’s report and all communications to the doctor from the employer must be provided to the injured worker within ten days of the receipt of the report by the employer.

IME and the Change of Treating Physician

It’s crucial to understand that an IME does not imply a change in your workers’ comp doctor or “authorized treating physician,” although it may indicate that the employer is considering that direction. An IME is also not equivalent to an employee’s right to a second opinion, which is provided under other provisions of NC workers’ comp law.

N.C. Gen. Stat. §97-25 states that If the injured worker wishes to switch to a new doctor, “ the employee must show by a preponderance of the evidence that the change is necessary to effect a cure, provide relief, or lessen the period of disability.” 

An injured worker must provide proof for the reason he/she wants to change their treating physician in a workers’ compensation case rather than simply making a request to change treating physicians.

The Impact of IMEs on Workers’ Compensation Claims

The results of an IME can significantly impact a worker’s compensation claim. The IME can influence the determination of the extent of the worker’s injury, their ability to work, and the need for future medical treatments. 

The IME report includes an evaluation of the employee’s disability and their ability to perform their job duties. This assessment helps determine the extent of wage replacement benefits the employee may be entitled to receive.

Preparing for an Independent Medical Examination (IME)

Preparing for an IME can be a daunting task, but with the right approach, you can navigate this process effectively. Here are some tips to help you prepare for an IME:

1. Review Documentation: Before your exam, request to see all of the documentation that’s getting sent to the IME doctor. This may be the only information they have about your injury. Review what they’ll see and be ready to discuss it in detail.
2. Make a List: Make a list of everything the doctor should know. This could include details about your injury, your symptoms, and how your injury has affected your daily life.
3. Stay Focused: Keep the conversation about your injury and ability to work. Avoid discussing unrelated topics.
4. Be Honest: Honesty is crucial during an IME. Remember, the purpose of the IME is to provide an unbiased assessment of your injury.
5. Be Polite: Be polite to the examiner. This can help create a positive atmosphere during the examination.

Remember, an IME can significantly impact your workers’ compensation claim. Therefore, it’s essential to prepare adequately and consider seeking legal advice if you have any concerns or questions.

Call Our North Carolina Workers Comp Lawyers

The role of Independent Medical Examinations in workers’ compensation cases is significant, particularly in North Carolina. They provide an unbiased medical perspective that can influence the direction of a worker’s compensation claim. However, they also come with specific legal considerations that both employers and employees need to be aware of. 

If you have a workers’ compensation case in North Carolina and your employer has scheduled an Independent Medical Examination, it is advisable to consult a workers’ compensation attorney.

 Contact our North Carolina Workers Compensation Lawyers at 919-328-2336 today.

Our North Carolina workers’ compensation lawyers have extensive experience negotiating settlements with insurance companies. Workers’ compensation settlements come in two main forms: a structured settlement and a lump sum settlement. 

When clients ask us which option is better, we explain that both options have pros and cons. This article will provide an in-depth analysis of these two types of settlements. 

Workers Compensation Benefits

The North Carolina Workers’ Compensation Act, Chapter 97 of the NC General Statutes, governs workers’ compensation claims. If an employee sustains an injury at work, they may be eligible for workers’ compensation benefits.

What Is a Structured Settlement?

A structured settlement entails the injured worker receiving their compensation benefits over a specified period. The frequency of these payments can be weekly, monthly, or annually, contingent on the case specifics and the injured worker’s requirements.

Advantages

• Consistent Income Stream: Structured settlements offer a consistent income stream over time, which can be advantageous for workers who cannot return to work due to their injuries.
• Tax Benefits: Generally, the payments from structured settlements are tax-free, offering a financial benefit to the injured worker.

Disadvantages

• Inflation Risk: The value of the payments may diminish over time due to inflation.
• Limited Flexibility: Once set, the payment schedule is fixed and cannot be altered.

A Closer Look at Lump Sum Settlements

A lump sum settlement involves the injured worker receiving their entire compensation benefit in one go, rather than spread out over time.

Advantages

• Immediate Access to Funds: Workers have immediate access to their funds, which can be crucial for covering medical bills and other injury-related expenses.
• Investment Opportunities: Workers have the opportunity to invest their settlement, potentially increasing its value over time.

Disadvantages

• Spending Risks: Without proper financial planning, there is a risk that the worker may spend their settlement too quickly.
• Tax Implications: Depending on the case specifics, some or all of the lump sum settlement may be subject to taxes.

What to Consider When Choosing a Settlement Type

Deciding between a lump sum and a structured settlement is a significant decision that can have long-term implications for an injured worker’s financial health and stability. It’s crucial to consider several factors before making this decision. 

Immediate and Future Financial Needs

Evaluate your immediate and future financial needs. If you have substantial immediate expenses, a lump sum might be more beneficial. However, if you need a steady income over a long period, a structured settlement would be more suitable.

Financial Management Skills

Consider your ability to manage a large sum of money. If you’re not confident in your ability to manage and invest a lump sum responsibly, a structured settlement can provide financial stability.

Impact on Other Benefits

Understand the potential impact of the settlement on your eligibility for other benefits such as SSDI or Medicaid. The North Carolina Workers’ Compensation Act (WC Act), Chapter 97 of the NC General Statutes, governs claims for compensation for injuries arising out of employment. This act also outlines how settlements can impact other benefits.

Tax Implications

Consider the tax implications of both options. While the income from structured settlements is typically tax-free, the interest earned on a lump sum settlement is taxable.

Professional Guidance

Given the complexity of these issues, it’s highly recommended to consult with legal and financial professionals before making this decision. A lawyer can help you understand the legal aspects of the settlement, while a financial advisor can guide you in managing your funds effectively.

Types Of Workers Compensation Settlements

In North Carolina, there are several types of workers’ comp settlements: compromise settlement agreements, Form 26A settlements, and Form 21 settlements. Each type has its own set of rules and regulations as outlined by the North Carolina Industrial Commission’s Ratings Guide and the schedule of injuries in the North Carolina Workers’ Compensation Act.

An experienced workers’ Comp lawyer can explain the legal implications of the different types of settlements.

Call Our North Carolina Workers Comp Lawyers Today

There’s no one-size-fits-all answer to whether a lump sum or structured settlement is better. The best choice depends on the individual’s personal needs, financial circumstances, and the specifics of their case. 

The decision between a structured settlement and a lump sum settlement is significant and can have long-term financial implications for injured workers. It’s crucial to talk with an experienced North Carolina workers’ compensation attorney about your case. 

Our offices can be reached at 919-328-2336.

If you’ve suffered an injury at work, it’s essential to understand your rights and the benefits you’re entitled to under North Carolina’s workers’ compensation laws. Hiring a skilled lawyer can make a significant difference in your case. Here are some detailed questions you should consider asking when selecting a North Carolina workers compensation lawyer.

1. Can You Share Your Experience with Workers’ Compensation Cases?

Experience is a critical factor in the legal field. Inquire about the number of workers’ compensation cases the lawyer has handled, their success rate, and if they’ve managed cases similar to yours. This will give you an idea of their expertise and familiarity with such cases.

2. How Well Do You Know North Carolina Workers’ Compensation Laws?

Workers’ compensation laws can differ greatly from state to state. It’s crucial that your lawyer has a deep understanding of North Carolina’s specific laws and regulations. They should be able to navigate these laws effectively to advocate for your rights.

3. What Strategy Do You Propose for My Case?

Your case is unique and deserves a personalized approach. A competent lawyer should be able to outline a clear strategy tailored to your specific situation, explaining the steps they plan to take and how they intend to achieve the best possible outcome.

4. How Do Your Fees Work?

Understanding the fee structure is vital before you proceed. Most workers’ compensation lawyers operate on a contingency basis, meaning they only get paid if you win your case. Ensure you have a clear understanding of this structure, including any potential additional costs.

5. How Will We Communicate?

Open and regular communication is key in any legal case. Ask about their communication style, how often you can expect updates, and how quickly they typically respond to client inquiries.

6. Can You Provide References from Past Clients?

A reputable lawyer should be willing to provide references from past clients who had similar cases. This can give you insight into their working style and effectiveness.

7. What Potential Challenges Do You Anticipate in My Case?

Every case has potential hurdles. A good lawyer will be upfront about these challenges, helping set realistic expectations for your case’s outcome.

8. How Long Will My Workers Compensation Case Take?

The timeline for resolving a workers’ compensation case can vary significantly based on the specifics of the case, the severity of the injury, and the complexity of the legal issues involved. However, several surveys and studies provide some general insights into the average duration of these cases.

A Martindale-Nolo survey reveals that the typical duration for settling workers’ compensation cases is 15.7 months. Fewer than 20% of cases reach a conclusion in the initial six months, whereas half of all workers have their claims finalized within a period of 13 to 24 months.

However, it’s important to note that these are just averages and every case is unique. Some cases may be resolved more quickly, while others may take longer due to various factors such as disputes over liability, the need for extensive medical treatment, or complications in calculating the injured worker’s lost wages.

While it’s difficult to predict exactly how long a specific workers’ compensation case will take to resolve, understanding these averages can help set realistic expectations. It’s always recommended to consult with a knowledgeable workers’ compensation lawyer who can provide guidance based on your specific circumstances.

9. How Much Will I Receive For My Workers Compensation Claim?

The compensation you may receive from a workers’ compensation claim in North Carolina is influenced by various factors, including the severity of your injury and your average weekly wage before the injury. 

Here’s a more detailed look.

Earnings Percentage

In North Carolina, workers’ compensation benefits typically equate to two-thirds of your average weekly wage. This is determined by averaging your wages from the year preceding your injury.

Weekly Compensation Cap
There is a maximum limit on weekly compensation. For injuries that occurred in 2022, the maximum benefit was $1,184 per week. For injuries that occurred on or after January 2023, the maximum benefit is $1,254.00 per week.

Minimum Benefits
The minimum amount of benefits is set at $30 per week.

Temporary Disability Benefits

If you’re unable to work while recovering from a work-related injury or illness, you may be eligible for temporary total disability (TTD) benefits. However, these benefits aren’t paid for the first seven days of disability unless your recovery period exceeds 21 days.

Call Our North Carolina Workers Comp Lawyers Today!

Remember, choosing the right workers’ compensation lawyer is crucial for your case’s success. Don’t hesitate to ask these questions to ensure you’re making an informed decision. Contact North Carolina Workers’ Compensation Lawyers at 919-328-2336 to get the compensation you deserve.

Workers’ compensation is designed to provide employees with medical benefits and wage replacement if they sustain injuries while performing their duties. The workers comp settlement for permanent disability in North Carolina depends on various factors, including the severity of the injuries, average weekly income prior to the injury, and other considerations.

Contact our North Carolina workers’ comp lawyers for help with your case. 

Understanding Permanent Partial Disability

There are two types of permanent disability benefits in North Carolina workers compensation. Permanent Partial Disability benefits are the more common type.

Permanent partial disability (PPD) benefits are designed to compensate workers who have suffered a permanent impairment or loss of function due to a work-related injury or illness, but who are still able to work in some capacity.

You may qualify for PPD benefits after reaching maximum medical improvement and receiving an impairment rating.

Impairment Ratings

In North Carolina, impairment ratings play a crucial role in determining the benefits an injured employee can receive under workers’ compensation. These ratings are percentages that represent the degree of your injury and how it affects your ability to carry out your work responsibilities.

Your impairment rating is determined by a medical examiner once you have reached what is known as maximum medical improvement. This is the point at which your condition has stabilized to the extent that no major medical or emotional change can be expected in the future. 

The medical examiner evaluates your condition and expresses the impairment as a percentage between 0 and 100. The larger the number, the greater the impairment level.

Calculating PPD Benefits

The amount of PPD benefits you receive is based on your impairment rating and the specific body part affected. 

N.C.G.S. § 97-31 outlines a list of scheduled injuries. This statute assigns a certain number of weeks of compensation for various body parts. Compensation is determined based on your impairment rating, the number of weeks for that body part, and your average weekly wage.

If your disability isn’t included in the scheduled injuries, the weekly compensation rate is typically two-thirds of your average weekly wage, subject to a maximum limit.

How Long Do Permanent Partial Disability Benefits Last?

How long you receive PPD benefits depends on the impairment rating and the body part affected. For instance, if you have an impairment rating of 20% for a specific body part, you would be entitled to a certain number of weeks of compensation. Once this period is over, your benefits end.

Permanent Total Disability Benefits

Permanent total disability benefits are only paid to workers in limited circumstances. According to N.C.G.S. § 97-29, workers must suffer one of the following to qualify for PTD benefits:

• Severe brain or closed head injury causing lasting cognitive impairment
• Spinal injury involving 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.
• Second-degree or third-degree burns to 33 percent or more of the total body surface.

Unlike permanent partial disability benefits, permanent total disability benefits can continue for the rest of your life. PTD benefits are typically two-thirds of your average weekly wage at the time of the injury. There is a cap on the maximum weekly benefit.

Workers Compensation Settlement for Permanent Disability

In some cases, your lawyer and the employer’s insurance company might negotiate a lump sum settlement for your permanent disability benefits. This settlement typically takes into account the impairment rating, future medical expenses, and other relevant factors. 

Once a settlement is reached, you give up your right to future benefits.

Contact Us Today for a Free Case Review

A workers’ comp settlement for permanent disability will depend on the specifics of your situation. 

Always consult with a legal professional to understand your rights and potential compensation. The goal of workers’ compensation is to ensure that you are adequately compensated for your injuries and that you can recover and return to work safely. 

Contact our North Carolina Workers Compensation Lawyers to get the representation you need. Our offices can be reached at 919-328-2336. 

In North Carolina, like many other states, most workers’ comp claims eventually reach a settlement. A common question that arises is, “Does undergoing surgery increase the value of a workers comp settlement?” Let’s explore this in detail.

Understanding Workers’ Compensation in North Carolina

In North Carolina, the law stipulates that an employee can begin to receive weekly wage replacement payments from the workers’ compensation insurance company once the employee has been unable to work for 7 days due to an injury. 

If the injured employee is unable to work for a total of 21 days, the law mandates that the employee be compensated for the initial 7 days of missed work.

The Role of Surgery in Workers’ Comp Settlements

The settlement for a workers’ compensation claim after surgery is usually between $40,000.00 to $325,000.00 or more. The potential worth of your case is dependent on numerous factors, including whether the surgery and any remaining medical bills were covered by the workers’ compensation insurer or another health care plan

Surgery plays a pivotal role in workers’ compensation settlements. Generally, severe injuries necessitating surgical intervention often lead to higher workers’ comp settlements. This is primarily due to the increased medical costs and the often extensive recovery periods associated with surgical procedures.

Influence of Surgery on Settlement Value

The influence of surgery on the value of a workers’ comp settlement can be considerable. Factors such as the cost of the surgery, the severity of the injury, and the impact on the worker’s ability to return to work can all influence the final settlement amount. However, each case is unique and the specifics of the workers’ comp policy also play a role in determining the final settlement amount.

Timing of Surgery

The scheduling of the surgical procedure can significantly influence the settlement value in workers’ compensation cases. Settlement offers are often lower prior to a diagnosis or recommendation for additional treatment, including surgery. 

However, if a healthcare professional suggests surgery, it usually results in an increased initial settlement offer. On the other hand, if the surgery is successful and the injury improves before the settlement negotiations conclude, it could potentially decrease the final settlement amount.

Surgical Results

The results of the surgery can also influence the settlement value. If the surgery worsens your injury or causes further complications, it might increase the settlement. A successful surgery may change your medical condition. This may lead thereto that the type of care you require is different from your needs before or that you may return to work thus not incurring lost wages.

Type of Surgery

The type of surgery can also affect the settlement value. Depending on their intensity and the anticipated effect on your work capacity, certain surgical procedures may warrant a higher or lower settlement.

Types of Settlements in North Carolina

In North Carolina, workers’ compensation settlements come in several forms: compromise settlement agreements, settlements in terms of Form 26A, and Form 21 settlements.

Compromise Settlement Agreements 

Often referred to as a “clincher,” this type of settlement represents a complete and final resolution of your workers’ compensation claim. Essentially, you agree to relinquish all rights to your workers’ compensation claim in return for a specific monetary amount.

Form 26A and Form 21 Settlements

If the insurance company accepts the disability rating, you can settle your claim by submitting an Employer’s Admission of Employee’s Right to Permanent Partial Disability Benefits (Form 26A). This will mean that the insurance company will make weekly payments until your claim has been settled.

The Importance of Legal Counsel

Given the complexities involved in workers’ compensation cases, it’s always advisable to consult with a knowledgeable workers’ compensation attorney to understand your rights and options. An experienced attorney can help you navigate the legal process, negotiate with the insurance company, and ensure that you receive the maximum compensation you are entitled to.

While surgery can potentially increase the value of a workers’ comp settlement, it’s important to remember that each case is unique. Factors such as the extent of the injury, the cost of the surgery, the impact on the worker’s ability to return to work, and the specifics of the workers’ comp policy all play a role in determining the final settlement amount. 

Therefore, it’s always advisable to consult with a knowledgeable North Carolina workers’ compensation attorney to understand your rights and options. Contact us today 919-328-2336 to schedule a free consultation!

In the modern workforce, the importance of protecting the rights and well-being of employees cannot be overstated. One critical aspect of such protection is workers compensation, a system designed to provide financial support and medical benefits to employees who suffer work-related injuries or illnesses. 

In North Carolina, a comprehensive set of statutes exists to safeguard workers compensation rights, ensuring that employees receive the support they need when facing workplace accidents. This article delves into the key North Carolina law statutes that play a vital role in upholding workers compensation rights.

Workers Compensation Overview

The cornerstone of North Carolina’s workers compensation system lies in its General Statutes, specifically in Chapter 97. This chapter outlines employers’ and employees’ rights and obligations in cases of work-related injuries and illnesses. 

Under this framework, employees are entitled to compensation for medical expenses, lost wages, and other benefits associated with their injuries or illnesses, while employers are protected from potential lawsuits arising from such incidents.

Reporting Requirements

Prompt reporting of work-related injuries ensures workers compensation claims are processed efficiently. According to North Carolina General Statute 97-22, an injured employee is required to notify their employer of the incident within 30 days of its occurrence. 

Failure to report within this timeframe may result in the forfeiture of compensation benefits. Employers, in turn, must promptly report injuries to the North Carolina Industrial Commission to facilitate the claims process.

Medical Treatment and Expenses

Under North Carolina law, employees who sustain work-related injuries have the right to receive necessary medical treatment. General Statute 97-25 outlines this right and emphasizes that the employer is responsible for covering reasonable medical expenses related to the injury. This includes doctor visits, hospitalization, surgery, rehabilitation, and prescription medications.

Wage Replacement Benefits

In situations where an injury prevents an employee from working, wage replacement benefits come into play. North Carolina General Statute 97-29 establishes that an injured worker may be eligible for two wage replacement benefits: temporary total disability benefits and temporary partial disability benefits. These benefits provide financial support when an injury causes a temporary inability to work or a reduced earning capacity.

Permanent Disability Benefits

If a work-related injury results in permanent impairment, North Carolina law ensures that employees receive compensation for their permanent disabilities. The nature and severity of the disability, as determined by medical assessments, dictate the extent of benefits provided. 

General Statute 97-31 outlines the calculation methods for permanent disability benefits, considering the nature of the injury, the employee’s age, and their pre-injury earning capacity.

Rehabilitation Services

North Carolina General Statute 97-32 emphasizes the importance of rehabilitation services for injured workers. 

This statute allows for vocational rehabilitation programs aimed at helping employees recover their ability to engage in gainful employment. Such services are vital for successfully reintegrating injured workers into the workforce.

Retaliation Protection

To ensure that employees are not deterred from seeking workers compensation benefits, North Carolina law prohibits employers from retaliating against employees who file claims. 

General Statute 97-6.1 establishes that any termination, demotion, or discriminatory action against employees exercising their rights under the workers compensation system is unlawful and subject to legal action.

Dispute Resolution

In cases where disputes arise between employers and employees over workers comp claims, North Carolina law provides a framework for resolution. The North Carolina Industrial Commission serves as the primary administrative body responsible for overseeing the workers compensation system and resolving disputes. 

The commission offers mediation and formal hearings to address disagreements related to benefits, medical treatment, and other aspects of workers compensation claims.

Independent Medical Examinations

In assessing workers comp claims, North Carolina law allows for independent medical examinations (IMEs) under General Statute 97-27. These examinations are conducted by a neutral physician the North Carolina Industrial Commission chose.

IMEs provide an impartial assessment of an injured worker’s condition, which can aid in determining the appropriate benefits and medical treatment.

Statute of Limitations

North Carolina imposes a statute of limitations to ensure claims are filed promptly. According to General Statute 97-24, an injured employee has two years from the accident date or the last compensation payment to file a claim. 

Failing to initiate a claim within this timeframe may result in the forfeiture of benefits. This statute underscores the importance of promptly reporting injuries and illnesses to protect workers’ rights.

Death Benefits

In unfortunate instances where a work-related injury or illness leads to an employee’s death, North Carolina law extends protection to the deceased worker’s dependents. General Statute 97-38 outlines death benefits for the deceased worker’s surviving spouse, children, or other dependents. These benefits include compensation for burial expenses and weekly payments to eligible dependents.

Occupational Diseases

Workers compensation isn’t limited to injuries resulting from accidents; it also covers occupational diseases that develop due to prolonged exposure to hazardous conditions in the workplace. 

As detailed in General Statute 97-53, North Carolina law addresses the compensation rights of employees suffering from occupational diseases. This statute ensures that workers exposed to harmful substances or conditions over time are entitled to receive benefits similar to those for workplace injuries.

Third-Party Liability

In certain cases, a third party, such as a manufacturer or contractor, might be responsible for a work-related injury due to negligence or defective equipment. North Carolina law allows injured workers to pursue claims against these third parties while receiving workers’ compensation benefits. 

General Statute 97-10.2 outlines the procedures for such claims, ensuring injured employees can seek additional compensation when appropriate.

Exclusive Remedy Doctrine

The principle of the exclusive remedy doctrine is fundamental to workers compensation systems. This doctrine is codified in North Carolina in General Statute 97-10.1. It stipulates that workers comp benefits are the exclusive remedy for employees who suffer work-related injuries or illnesses. 

This means that employees generally cannot sue their employers for negligence, limiting legal disputes and fostering a more streamlined process for compensation.

Employer’s Duty to Provide Information

To ensure that employees are aware of their rights under the compensation system, North Carolina law requires employers to provide information about their insurance coverage. 

General Statute 97-93 mandates that employers must display a notice regarding workers compensation rights in a prominent location accessible to all employees. This ensures that workers are informed about the process and their entitlements in case of injuries.

Reach Out To Experienced North Carolina Workers Lawyers

If you’re in need of professional assistance with your workers comp case in North Carolina, call us today at 919-328-2336.

By contacting skilled workers compensation lawyers, you’re taking proactive steps to protect your rights and secure the benefits you deserve. Your well-being and financial stability matter, and seeking expert legal advice can make a significant difference in the outcome of your case.

Remember, the laws surrounding workers comp can be intricate, and having professionals who are well-versed in North Carolina’s statutes can make the process smoother and more successful. Don’t hesitate to reach out for assistance – it’s a crucial step toward safeguarding your future during challenging times.

After a workplace injury, your doctor may determine that your condition won’t improve further yet you will not regain full function in part of your body. North Carolina Workers Compensation pays permanent partial disability benefits if certain body parts are impaired. 

Impairment ratings play a significant role in determining the benefits that injured workers are entitled to receive. 

This article will delve into how impairment ratings work and the calculation of benefits based on ratings.

If you have been hurt on the job, don’t hesitate to contact our North Carolina workers’ compensation lawyers.

Understanding Impairment Ratings

The North Carolina Industrial Commission defines permanent disability as a reduction or absence of the ability to engage in gainful activity due to impairment, with no expectation of fundamental or marked improvement in the future.

To determine the impairment rating, a doctor assesses various parts of the worker’s body and identifies any limitations or damage. The doctor assigns a percentage based on the degree of impairment for each affected body part. 

Previously, doctors performed impairment ratings, but now specialized physical therapists carry out detailed testing using guidelines established by the American Medical Association. This testing, a Functional Capacity Exam (FCE), evaluates the worker’s abilities and limitations.

It is essential to note that impairment ratings are only evaluated once the worker has reached Maximum Medical Improvement (MMI). This means additional medical treatment will no longer improve the worker’s condition. 

The worker may still be entitled to medical benefits if the treatments prevent their condition from worsening. However, the right to additional wage loss benefits is re-evaluated, requiring a physical examination by a physician, often followed by an extensive workup with a physical therapy facility.

How Authorized Treating Doctors Assign Impairment Ratings

Authorized treating doctors play a crucial role in assigning impairment ratings. These doctors evaluate the injured worker’s condition and determine the extent of impairment to specific body parts or functions. 

In some cases, physical therapists may perform functional capacity exams (FCEs) to assess the worker’s abilities and provide guidance for the impairment rating.

While FCEs and guidelines from the American Medical Association are often used, the final impairment rating is ultimately based on the examining doctor’s independent opinion, knowledge, experience, and clinical examination. Injured workers have the right to seek a second opinion on their rating, which is paid for by the employer.

Calculating Benefits Based on Impairment Ratings

The calculation of benefits for permanent partial impairment (PPI) is based on three factors: the number of weeks set as a maximum for the specific type of injury, the impairment rating percentage, and the worker’s average weekly wage. These factors are multiplied to determine the compensation the injured worker owes.

For example, if an injured worker has a 25% impairment rating to their ankle, and the number of weeks assigned for ankle impairment is 144, the calculation would be as follows: 25% (rating) x 144 weeks x average weekly wage. The resulting amount would be the payment owed to the worker for their permanent partial impairment.

Section 97-31 of the North Carolina Workers’ Compensation Act outlines the maximum number of weeks workers can receive permanent partial disability benefits for injuries to different body parts. Here are some examples:

• Thumb – 75 weeks
• Arm – 240 weeks
• Foot – 144 weeks
• Leg – 200 weeks
• Eye – 120 weeks

Reach Out To North Carolina Workers’ Comp Lawyers Today

You don’t have to navigate the complexities of a workers’ compensation claim alone. Don’t hesitate to contact our dedicated team of experienced North Carolina workers’ comp lawyers. 

We understand the importance of impairment ratings in determining the benefits you deserve after a workplace injury. Our firm is here to provide you with the support and legal insights you need to navigate this intricate process. 

Whether you have questions about calculating benefits based on impairment ratings, understanding the different classifications of work injury disability, or ensuring you make informed decisions about your claim, we’re here to help. 

Call us today at 919-328-2336 to schedule a consultation and gain a clearer understanding of your rights and options. 

Have you ever wondered what illnesses are covered under workers’ compensation? When it comes to workplace injuries, we often think of accidents or physical trauma. However, there are numerous common occupational illnesses that can also qualify for workers’ compensation. 

From respiratory diseases caused by exposure to harmful substances to hearing loss, these ailments can significantly impact employees’ lives. This blog post will explore some of the most prevalent occupational diseases that may be eligible for workers’ compensation benefits.

Occupational Respiratory Diseases

Occupational respiratory diseases are a significant concern in many industries. These conditions, such as occupational asthma, chronic obstructive pulmonary disease (COPD), or other lung disorders, can be caused by exposure to harmful substances like dust, fumes, chemicals, or allergens. In workplaces where these substances are present, employees may inhale them over time and develop respiratory problems.

One of the most common culprits is dust. Industries like construction and mining often involve working with dusty materials that can irritate the airways and lead to long-term respiratory issues. Similarly, exposure to fumes from welding or chemical processes can also have detrimental effects on lung health.

Hearing Loss

Exposure to loud noises in the workplace can have serious consequences for your hearing. Hearing loss is a common workplace illness affecting many individuals working in manufacturing, construction, and industrial settings. Prolonged exposure to high decibel levels can lead to irreversible damage, causing permanent hearing impairment.

The constant noise generated by heavy machinery or equipment can take a toll on your ears over time. The vibrations from power tools or metal clanging can gradually wear down your hearing ability. It’s not just about one loud bang; it’s about sustained exposure to these loud noises daily.

Repetitive Strain Injuries (RSIs)

Repetitive Strain Injuries (RSIs) are common workplace ailments that can cause significant discomfort and impair one’s ability to perform daily tasks. Conditions such as carpal tunnel syndrome, tendonitis, or bursitis can develop as a result of repetitive tasks, awkward postures, or prolonged use of certain body parts.

Workers who engage in activities that require repeated motions, like typing on a keyboard or operating machinery, are particularly susceptible to RSIs. The constant repetition and strain placed on specific muscles, tendons, and joints can lead to inflammation and pain over time.

Work-Related Musculoskeletal Disorders

Many individuals spend most of their workday performing physically demanding tasks that can take a toll on their bodies. The repetitive motions and strenuous activities required in certain jobs can lead to various musculoskeletal disorders. Back pain, neck pain, and joint problems are common issues workers in these professions face.

These conditions often arise due to prolonged periods of sitting or standing in awkward positions, lifting heavy objects without proper technique, or engaging in repetitive movements without sufficient breaks. Moreover, poor ergonomics in the workplace can exacerbate these problems by placing additional strain on the muscles and joints.

Chemical Exposure

When it comes to workplace safety, one of the most concerning issues is chemical exposure. Many industries rely on various chemicals and toxic substances for their operations, putting workers at risk of developing serious illnesses. The consequences can be severe, Whether inhaling fumes, coming into direct contact with corrosive materials, or experiencing chemical spills.

Exposure to hazardous chemicals can lead to a range of health problems. Workers face significant risks daily, from acute poisoning symptoms like nausea and dizziness to long-term effects such as organ damage or even cancer. It’s crucial for employers to prioritize safety measures like proper ventilation systems, personal protective equipment (PPE), and thorough training programs to mitigate these dangers.

Infectious Diseases

When it comes to  occupational illnesses, infectious diseases can be a significant concern. Those working in healthcare settings often risk contracting illnesses from their patients. Similarly, individuals working in the food service industry may come into contact with various foodborne pathogens.

These infectious diseases range from common colds and flu-like symptoms to more severe conditions like hepatitis or tuberculosis. These diseases can be transmitted through direct contact with infected individuals or by inhaling respiratory droplets containing contagious agents.

Heat-Related Illnesses

Working in hot environments without proper preventive measures can put employees at risk of heat-related illnesses. Conditions such as heat exhaustion or heatstroke can have serious consequences for workers’ health and safety. These illnesses occur when the body cannot regulate its temperature effectively, leading to overheating.

Heat exhaustion is a milder form of heat-related illness typically resulting from prolonged exposure to high temperatures. Symptoms may include heavy sweating, weakness, dizziness, nausea, and headache. If left untreated, it can progress to a more severe condition known as heatstroke.

Work-Related Skin Disorders

Skin is our body’s first line of defense, but sometimes it can become vulnerable in the workplace. Work-related skin disorders are a common concern for many employees. These conditions, such as dermatitis, eczema, or chemical burns, can be caused by exposure to irritating substances found in various industries.

Dermatitis is a painful and itchy inflammation of the skin that occurs when exposed to allergens or irritants at work. Eczema is another chronic condition characterized by dryness, redness, and itching of the skin. Both these conditions can significantly impact an individual’s quality of life and ability to perform job tasks effectively.

Chemical burns are particularly concerning and can result from direct contact with hazardous substances in certain work environments. These burns can cause severe pain and long-lasting damage if not treated promptly.

Asbestos-Related Diseases

Asbestos has long been recognized as a hazardous substance that can cause serious health problems. Among the most concerning are asbestos-related diseases like asbestosis, lung cancer, and mesothelioma. These conditions can develop after inhaling asbestos fibers over an extended period.

Workers in construction and industrial settings are particularly at risk due to the presence of asbestos-containing materials. The microscopic fibers can become airborne when disturbed or damaged, posing a significant threat to those who breathe them in. Unfortunately, symptoms may not appear for decades after exposure, making detecting these diseases difficult.

Reach Out To Our North Carolina Workers Compensation Lawyers Today

If you have suffered from any of these common work-related illnesses, it is important to know that you may be eligible for workers’ compensation benefits. These benefits can provide financial assistance for medical expenses, lost wages, and rehabilitation services, helping you recover and get back on your feet.

However, navigating the workers’ compensation process can be complex and overwhelming. That’s why contacting experienced North Carolina workers’ compensation lawyers who specialize in handling these cases is crucial. They have the knowledge and expertise to guide you and help you receive the full benefits you deserve.

don’t hesitate to seek help. Call us at 919-328-2336 today to schedule a consultation with our dedicated team of workers’ compensation lawyers. We understand your challenges, and we are here for you every step of the way.