Occupational diseases refer to illnesses or adverse health conditions caused by work activities or exposures. They are often the result of prolonged or repeated contact with certain substances, environments, or tasks involved in the work process.

Workers exposed to risk factors for occupational diseases may qualify for workers compensation benefits to cover medical treatment, lost wages, and other costs associated with the condition. Below, a North Carolina workers comp attorney lists occupational diseases recognized in our state and presumed to be work-related if the employee has the appropriate job duties and exposures.

Most Common Occupational Diseases in North Carolina 

North Carolina workers in certain industries face higher risks of developing occupational diseases due to long-term exposure to toxic substances or hazardous conditions. Some of the most common occupational diseases in the state include:

Asbestosis and Mesothelioma

Asbestos was once widely used as an insulating material, exposing many workers to its toxic fibers. Inhaling these fibers over time can cause scarring of lung tissue (asbestosis) and even a rare form of cancer called mesothelioma. 

Coal Worker’s Pneumoconiosis (Black Lung Disease)

Coal workers who inhale coal mine dust over many years can develop black lung disease, which causes scarring in the lungs. This makes it difficult to breathe and get oxygen to the blood. Miners, drilling operators, and other coal industry workers are at risk.

Silicosis

Silica dust is created when sand, rock, and mineral ores are cut, crushed, drilled, or ground. Inhaling this dust over time leads to silicosis, which scars the lungs. Workers at quarries, foundries, stone cutting, mining, and sandblasting operations are often exposed to silica and at risk of silicosis.

Heavy Metal Poisoning

Over time, workers exposed to high lead, mercury, arsenic, or other toxic heavy metals may develop poisoning. This can damage the nervous system, kidneys, and other organs. Plumbers, battery makers, smelters, and chemical workers are at risk. 

How to File a Claim

To receive workers comp for an occupational disease in North Carolina, you’ll need to:

• Notify your employer in writing about your condition and its relationship to your job within 30 days of diagnosis.
• File a Form 18 claim with the Industrial Commission within 2 years of diagnosis or last exposure, whichever is later. The claim must include medical evidence from your doctors supporting the diagnosis and causation.
• Attend a hearing where both parties can present further evidence. An administrative law judge will determine if your claim is compensable under the state’s workers’ comp laws.
• If approved, you’ll receive wage replacement, medical benefits, and other compensation as appropriate for your condition. Occupational disease claims work similarly to standard workers comp claims in North Carolina but have some special provisions due to their nature.

Types of Benefits Available for Occupational Disease

If you’ve been diagnosed with an occupational disease due to hazardous exposures at your workplace, you may be entitled to workers compensation benefits in North Carolina. These benefits can provide you financial assistance while you receive medical treatment and recover.

Medical Benefits

Workers comp will pay for all reasonable and necessary medical care related to your occupational disease. This includes doctor visits, hospital stays, surgery, physical therapy, prescription drugs, and other treatments. 

Lost Wage Replacement

If your condition prevents you from working for a period of time, you may receive a portion of your lost wages in the form of disability payments. The amount you receive depends on the severity of your disability. For total disability, you may receive up to 66 2/3% of your average weekly wage. 

Permanent Disability Benefits

Some occupational diseases can cause permanent disabilities that impact your ability to work. You may be entitled to ongoing wage replacement and medical benefits if you have permanent restrictions or impairments. 

Do Not Hesitate to Contact an Experienced NC Workers Comp Attorney

If you have an occupational disease due to hazardous workplace exposures, you likely have many questions about your eligibility for workers compensation benefits in North Carolina. An experienced workers comp attorney can evaluate your claim, advise you on your rights and options, and guide you through obtaining the necessary benefits.

Call our office today at 919-328-2336 to confidently discuss your case with an experienced NC workers compensation attorney. We will fight to ensure you receive the full and fair compensation you deserve for your occupational disease and resulting damages.

You took some time off to heal after that workplace injury, but now it’s time to get back on the horse. Returning to work after an injury and an extended break can be tough, especially with lingering pain or reduced mobility. 

But have no fear – with the right mindset and planning, you can ease back into your workflow and be productive again. In this article, a North Carolina workers comp attorney shares a few pro tips to set you up for success as you return to work post-injury. 

Preparing for Your Return to Work

Meet with your doctor to determine if you’re ready to go back to work. Ask if there are any physical restrictions or limitations you need to be aware of. Get a doctor’s note detailing your work status and any accommodations you may need. 

Talk to your HR department and manager about a graduated return to work plan. This may involve starting back part-time or with lighter duties before resuming your full responsibilities. A good plan will ease you back into the flow of work and account for your recovery needs.

It’s normal to feel some anxiety about going back to work after an injury. Discuss your concerns openly with your doctor, manager, and coworkers. Focus on what you need to feel comfortable and supported. Maybe that’s an adjusted workspace, extra breaks, or a buddy system with a coworker. 

Having Open Communication With Your Employer

Once you’ve been cleared to return to work after an injury, it’s important to keep the lines of communication open with your employer. Schedule a meeting with your manager or HR department to discuss the details of your return, including any accommodations or changes needed to ease your transition back. Be open and honest about your current abilities and limitations.

Your employer will likely have questions about your injury and recovery process. Provide any documentation from your doctor regarding work restrictions or accommodations that may be required. Be prepared to discuss how your job duties may need to be temporarily modified. 

Requesting Workplace Accommodations

Returning to work after an injury often means adjusting to physical or mental limitations. Don’t worry—your employer is required by law to provide “reasonable accommodations” to help you do your job. Tell your manager or HR department about any difficulties you’re having so you can explore options together. 

Maybe you need modified equipment, flexible scheduling, or lighter duties. Don’t be afraid to ask. Get recommendations from your doctor. If your doctor has specific recommendations for how your job can be modified to accommodate your condition, provide that information to your employer. 

Getting Ongoing Support During Your Transition

Staying in communication with your employer, doctor, and coworkers will help ensure a smooth transition back to work. Don’t be afraid to ask for the support you need:

• Meet regularly with your manager at first to discuss how things are going and if any adjustments need to be made. Your manager wants you to succeed and recover.
• Check-in frequently with your doctor during the first few weeks. Your doctor can monitor your progress and recommend additional accommodations if needed.
• Reach out to coworkers for help when needed. Ask a coworker to assist you with lifting heavy objects or walking long distances if that’s difficult for you currently.
• Take scheduled breaks as needed. Frequent, short breaks can help manage pain or fatigue.
• Be gentle with yourself. Healing takes time. Focus on making progress day by day and week by week. You’ll get back into the swing of things before you know it!

The most important thing is prioritizing your health and recovery. With patience, communication, and support from your employer and medical team, you’ll be back at work successfully in no time.

Reach Out to Our Firm for Guidance on Returning to Work After an Injury

Returning to work after an injury can be stressful and disorienting. Our firm has years of experience helping clients navigate this tricky process. We provide guidance every step of the way to ensure you are treated fairly upon your return.

Reach out to our firm today to schedule a free consultation with a North Carolina workers comp lawyer and learn more about how we can help. Call 919-328-2336 for assistance anytime.

You’ve been injured on the job and you may be wondering what kind of workers comp you can get. The answer depends on whether your injury causes a permanent or temporary disability. If it’s the former, you may qualify for temporary disability benefits to replace some of your lost wages until you can work again. 

But what if your injury causes lasting damage? Then, you may be eligible for permanent disability benefits. Sorting through workers comp can be confusing, but this guide tries to explain how each works, when you may qualify, how benefits are calculated, and why you should reach out to a North Carolina workers comp attorney for assistance.

Understanding Permanent vs. Temporary Disability

Temporary disability benefits provide wage replacement for a limited period while you recover from an injury or illness. Temporary Total Disability (TTD) covers you if you cannot do any work. It lasts until you’re medically stationary – meaning your condition has stabilized.

Temporary Partial Disability (TPD) applies if you can do some work while recovering. It covers the difference between what you now earn and your pre-injury wages.

Permanent disability benefits, on the other hand, compensate you for long-term loss of earning capacity from an on-the-job injury or illness. Permanent Partial Disability (PPD) means you have a permanent disability but can still do some work. Benefits are calculated based on the severity of your disability and occupation.

How Long Do Temporary Disability Benefits Last?

Temporary disability benefits provide income replacement for a limited time while you recover from an injury or illness that prevents you from working. The duration of these benefits depends on the severity of your condition and when your doctor clears you to return to work.

For most temporary disabilities, benefits last between 6 to 52 weeks. The average is around 26 weeks. The more serious your injury, the longer you’ll receive benefits. For example, a sprained ankle may qualify you for 6 to 12 weeks of benefits. In contrast, recovering from back surgery could warrant 6 months or more of temporary disability pay.

How Are Permanent Total Disability Benefits Calculated?

Permanent Total Disability is typically calculated as a percentage of your average weekly wage, subject to state maximums. The percentage awarded depends on factors like:

• Your age, education, and experience
• The type and severity of your injury
• Medical opinions on your ability to work
• The availability of suitable jobs you could perform

Typically, PTD benefits equal 2/3 of your average weekly wage before taxes, up to the state maximum. They are paid out until you reach retirement age or for your lifetime if you cannot work again due to your permanent disability.

Can You Qualify for Both Types of Benefits at the Same Time?

No, you cannot qualify for temporary disability and permanent total disability benefits at the same time. Temporary disability benefits are meant to provide income replacement while you recover from an injury and eventually return to work. Permanent total disability benefits, on the other hand, are for workers who are permanently unable to work due to their work injury.

If your condition initially prevents you from working but later deteriorates to the point that you cannot work again permanently, you may transition from temporary disability benefits to permanent total disability benefits. However, the two types of benefits are meant for different recovery and work capability stages.

For More Questions on Workers Comp Benefits, Reach Out to Our Firm Today

If you suffer an injury at work that temporarily prevents you from doing your job, you may be eligible for temporary disability benefits. These benefits partially replace your lost wages while you recover and cannot work. The duration and amount of benefits depend on the severity of your injury.

The workers compensation system can be complicated, and insurance companies don’t always have your best interests in mind. Our experienced NC workers compensation lawyers will help you understand your rights and benefits. 

We’ll work to get you the maximum compensation you deserve under the law. Call us today at 919-328-2336 for a free case review and to get started on your claim.

Workplace violence can lead to serious injuries for employees and create safety hazards at work. Understanding when injuries qualify for workers compensation coverage is crucial for businesses and employees. 

Workers injured due to workplace violence may be eligible for wage replacement, medical benefits, and other compensation through the state workers compensation system. A North Carolina workers comp attorney can help you every step of the way to make sure you get the compensation you deserve.

Causes of Workplace Violence

Workplace violence can stem from a variety of causes. Some common factors include:

• Employee relationships: Conflicts between coworkers, employees, and supervisors may escalate to violence. Bullying, harassment, and discrimination can also provoke violence.
• External threats: Customers, clients, patients, former employees, or domestic partners may threaten or attack employees at work.
• Job stress: High-stress levels due to work pressures, workload issues, or interpersonal conflict may increase the risk of violence.
• Substance abuse: Employees under the influence of drugs or alcohol have impaired judgment and self-control, raising the likelihood of violent behavior.
• Mental health issues: Workers suffering from certain mental illnesses like personality disorders, depression, and anxiety may act violently, especially if their conditions are untreated.

Employers can take steps to reduce the risk of workplace violence. This may involve training employees to recognize warning signs, implementing security measures, establishing reporting procedures, and fostering a respectful and supportive work environment. 

Types of Injuries Sustained From Workplace Violence

Workplace violence can lead to a variety of injuries for employees. Some common types of injuries from workplace violence include:

Physical Injuries

Physical injuries are the most common result of workplace violence. Things like bruises, fractures, stab wounds, or gunshot wounds can all stem from violent acts at work. 

According to the Occupational Safety and Health Administration (OSHA), the leading cause of death from workplace violence is homicide, so the physical impacts can be devastating.

Psychological Trauma

Experiencing or witnessing violence at work can also lead to lasting psychological harm. Conditions like post-traumatic stress disorder (PTSD), anxiety, depression, and insomnia are all possible consequences. 

The trauma of these events may haunt victims for years through frightening memories, nightmares, and a constant sense of being on guard. Psychological counseling and medication may be required to help cope with the emotional scars.

The Claims Process for Workplace Violence Injuries

If you suffer an injury due to workplace violence, report it to your employer immediately. Provide details about what happened, including the time and location of the incident. Get medical attention right away, even for minor injuries. The medical records will serve as evidence for your workers comp claim.

File a Claim

You must file a workers compensation claim for your injury within 30 days in most states. The claim documents will ask you for information about the incident, medical records and treatment, lost time from work, and other details. 

Receive Medical Care

Continue to get medical care for your injuries. The workers comp insurance will cover the costs. Follow the recommended treatments from your doctor to improve your condition. Keep records of all medical appointments, prescriptions, physical therapy, or other care. 

The insurance adjuster will review your medical records to determine if your claim should be accepted. Non-compliance with medical care can result in denial of benefits.

Benefits Determination

An insurance adjuster will review your claim, medical records, and the details surrounding your injury. They will determine if your injury arose out of your employment and if you are entitled to workers comp, wage replacement, medical, and other benefits. If your claim is denied, you have the right to appeal. An attorney experienced in workers compensation can help you through the appeals process.

Return to Work

Work closely with your doctor and employer regarding when you can return to work, either full- or part-time. Your benefits may be reduced or terminated if you do not cooperate with return-to-work efforts once your doctor has released you. Make sure you get final approval from the doctor before going back to your job.

Are You a Victim of Workplace Violence? Get in Touch With an NC Workers Comp Lawyer

If you have been injured due to workplace violence, you may be eligible for workers compensation benefits to cover your medical expenses and lost wages. Contact an experienced North Carolina workers compensation attorney as soon as possible to discuss your claim and rights. 

An attorney can help guide you through the workers comp claims process, ensure you receive all the benefits you are entitled to, and fight for a fair settlement if your claim is denied. Call our firm today at 919-328-2336 to schedule a free consultation and discuss your legal options.

Witness testimony plays a crucial role in workers compensation hearings. As an injured worker, your testimony about how the accident happened and the resulting injuries is vital for building your case. You need to provide a detailed account of exactly what happened leading up to and during the accident to make sure your claim is not denied.

An experienced North Carolina workers comp attorney can help you collect necessary evidence and witness testimonies to build a strong case.

Explain where you were working, what you were doing, how the accident occurred, and what injuries you sustained. Be as specific as possible, describing sounds, sensations, and sequences of events. Your testimony, combined with medical evidence, establishes the connection between your work duties and your injuries.

Types of Witnesses in Workers Compensation Hearings

When filing a workers compensation claim, witness testimony can make or break your case. There are a few types of witnesses commonly called upon in these hearings.

Claimant’s Witnesses

As the claimant, you’ll likely ask close ones like coworkers, family members, or friends to testify on your behalf. Their testimony about your injury, recovery, and daily struggles can help strengthen your claim.

Testimony from coworkers and supervisors who witnessed your accident or injury can help establish that it occurred at work. Their accounts of events leading up to and following your injury help paint a complete picture for the hearing officer or judge. 

Employer’s Witnesses

Your employer may call on supervisors, managers, or coworkers to dispute your claims. They’ll aim to prove your injury didn’t occur at work or isn’t as severe as you say. Be prepared for their witnesses to possibly downplay your condition.

Medical Witnesses

Doctors, nurses, physical therapists, or other healthcare professionals who have treated you will provide vital medical testimony. They can speak to the extent of your injuries, treatment, recovery prognosis, and work restrictions. Their expertise and objectivity are persuasive for judges and juries.

Vocational Experts

These experts evaluate how your injury affects your ability to work. They determine if you’ve lost earning capacity and estimate the retraining or job placement needed. Their assessments are influential in determining compensation for permanent disability.

Challenges to Witness Testimony

Witness testimony also faces several challenges that can undermine its credibility and persuasiveness.

Bias and Subjectivity

Witnesses, especially those close to the claimant, like friends or family members, may provide subjective or biased accounts that favor one party over the other. Their relationships and interests in the outcome can color their testimony. Cross-examination aims to reveal these biases to the judge or jury.

Lack of Objectivity

Eyewitness testimony relies heavily on human memory and perception, which are often unreliable. Witnesses can make honest mistakes, fill in details they didn’t perceive, or be subject to manipulation by suggestive questioning. 

Credibility Issues

The credibility of witnesses can be challenged in several ways. Their testimony may be inconsistent with other evidence or their prior statements. They may have motives to lie or exaggerate, like financial gain. Their reputation, background, and demeanor can also affect how believable and trustworthy they seem to the judge or jury. 

Contact a North Carolina Workers Compensation Attorney Right Away 

If you have been injured on the job in North Carolina and need help with a workers compensation claim, we urge you to contact a workers comp attorney immediately. An experienced lawyer can review your case, gather evidence, prepare witnesses, and represent you at hearings to ensure you receive the full compensation you deserve.

Call our law firm today at 919-328-2336 to schedule a free initial consultation with one of our North Carolina workers comp lawyers. Speaking with an attorney is the best next step to determine your legal options and protections after a workplace injury. Our team is here to help you navigate the claims process with competence, vigor, and compassion.

A deposition is a crucial part of the legal process in a workers compensation claim. It’s a recorded Q&A session where you, the injured worker, answer questions under oath about your injury and work conditions. 

Depositions allow both parties to gather information to support their case, as you will be asked questions about your injury, job duties, work environment, and medical condition. Go prepared, answer questions honestly, and work with your North Carolina workers comp lawyer to build a strong case.

Why Are Depositions Taken?

There are a few reasons why depositions are commonly taken in workers comp cases:

• To lock in sworn testimony. If your claim goes to trial, your deposition answers can be used later in court.
• To assess the merits of your claim. Your testimony helps the insurance company determine if your injury claim is legitimate and compensable under NC law.
• To evaluate your credibility. How you handle the questioning can impact whether the insurance company believes your account of what happened. Your demeanor and consistency are evaluated.
• To possibly find grounds for denying your claim. The line of questioning may be aimed at revealing information that could justify denying or disputing your claim. Your attorney will prepare you for this possibility.

How Should You Prepare for a Deposition?

There are a few key steps you should take to prepare for a deposition in your workers compensation claim, including:

• Review your claim details, job requirements, and the accident events with your attorney.
• Listen carefully to each question and ask for clarification if needed. Only answer the question that is asked.
• Answer truthfully while only providing necessary details. Do not volunteer extra information.
• Remain calm and composed. Do not get angry, argue, or make accusations.
• Dress professionally, sit straight, make eye contact, and speak clearly. Your demeanor and body language also impact your credibility.
• Pauses are okay. Take time to understand the question and think through your answer before responding. Your attorney can also object if needed.
• Only change your testimony if needed to correct an honest mistake. Be consistent with the information already provided.

What Happens During a Deposition?

In a deposition, you’ll be asked questions about your job duties, the events leading up to your injury, and the injury itself. 

The questioning is done to gather information and evaluate your claim’s strength. You’ll be under oath, so you must answer truthfully. Both your attorney and the insurance company’s attorney will be present. Your attorney can advise you and object to improper questions.

Who Can Be Deposed in a Workers Compensation Claim?

When filing a workers compensation claim in North Carolina, several parties involved in your case may be deposed. A deposition is a recorded interview where attorneys will ask questions about the details surrounding your injury. Anyone with information on your claim can potentially be deposed.

Employer Representative

Your employer will likely send a representative, like an HR manager or safety director, to provide details about your job duties, work environment, and events leading up to your injury. They will be asked about the details in the accident reports and whether proper safety procedures were followed.

Co-Workers

Co-workers who witnessed your accident or injury may be deposed. They can provide eyewitness accounts of what happened. Co-workers you regularly interact with can also testify to your typical job responsibilities and work conditions. Their statements can help support or refute claims made by your employer.

Doctors and Healthcare Providers

Any doctors, nurses, therapists, or other healthcare professionals who treated you for your work injury may be deposed. They will be asked about your diagnosis, course of treatment, recovery prognosis, and whether your injury was caused or aggravated by your job. Your medical records and bills may also be requested.

Vocational Experts

If your injury prevents you from returning to your previous job, vocational experts may evaluate your skills and experience to determine suitable alternative employment options. They can provide opinions on your ability to work and potential job retraining needs. 

Contact an Experienced North Carolina Workers Compensation Lawyer

Workers’ compensation laws can be complicated. An attorney specializing in these cases will understand the system inside and out. They will review your medical records and the facts surrounding your accident to determine the best way to present your workers compensation claim. 

During the deposition, your lawyer can object to improper questions, ask for clarification if needed, and ensure your rights are protected. With a North Carolina workers comp attorney by your side, you can feel more at ease answering the questions posed to you. 

Call our office today at 919-328-2336 for a free consultation about your case.

Do you work in a dangerous environment or occupation in North Carolina? If you’ve been injured on the job, you may be wondering how much workers compensation you can get. Let’s take a look at what kinds of injuries qualify for the largest workers comp settlements, and why it’s a good idea to hire a dedicated NC workers compensation attorney to fight for your rights.

What Are Clincher Agreements?

North Carolina workers compensation claims are often settled through “clincher” agreements. A clincher is a lump-sum payment that closes the claim and releases the employer from further liability. Clincher settlements typically only happen if both parties agree to the amount. If an agreement can’t be reached, the claim may go to an appeal or court trial.

The largest workers comp settlements generally involve severe, permanent injuries that significantly impact a person’s ability to work and quality of life. While amounts vary, settlements for traumatic brain injuries, spinal cord damage, and other catastrophic injuries can reach well into the millions of dollars. 

Back and Spine Injuries

Back and spine injuries are some of the most common workplace accidents, especially for those doing physical labor. The spine is delicate yet crucial for mobility, so damage can be debilitating and lead to lifelong problems. If you’ve suffered a back injury at work, you may be entitled to compensation.

Slipping, tripping, and falling are common causes of back injuries at work. A fall from any height can strain muscles, fracture vertebrae, or rupture discs. Employers are required to provide proper safety equipment, warning signs, and non-slip flooring to prevent falls. If they fail to do so and you are injured, you may have grounds for a lawsuit.

The severity of your back injury will determine appropriate settlements. Minor strains may yield smaller settlements, while permanent partial disability could warrant much larger compensation. Speaking to a workers compensation lawyer can help you understand your legal options and the potential value of your claim. 

Traumatic Brain Injuries (TBI)

Traumatic brain injuries (TBI) are one of the top causes of the largest workers comp settlements in North Carolina. TBIs range from mild concussions to severe, life-threatening head traumas. Any injury that disrupts normal brain function can have devastating and long-lasting effects.

The most common type of TBI is a concussion. Concussions are caused by a bump, blow, or jolt to the head that can cause a quick change in brain movement. Concussions are usually not life-threatening but can cause symptoms like headaches, dizziness, and memory problems. While most concussion symptoms resolve within days or weeks, some may persist for months or longer.

More serious head injuries like contusions, hematomas, and skull fractures can require emergency treatment and often intensive rehabilitation. Symptoms may include loss of consciousness, confusion, weakness, vomiting, and seizures. Severe TBIs can cause permanent disability or reduced life expectancy.

Amputation and Loss of Limb

Amputation of a limb, like an arm or leg, is one of the most traumatic workplace injuries. The physical and psychological impacts are lifelong. Losing a limb means adapting to a new way of living and often requires extensive rehabilitation and prosthetic care. 

Sometimes, limbs can be partially amputated or crushed beyond repair in workplace accidents. The crushing of limbs, especially hands and feet, leads to immense suffering and permanent disability. Crushed limbs often require amputation and result in settlement amounts comparable to full amputations. 

Third-Degree Burns

Third-degree burns are the most severe type of burn, destroying the outer layer of skin (epidermis) and the layer below (dermis). They cause white or blackened skin and numbness in the area of the burn. The pain from third-degree burns may seem less intense than with second-degree burns because the nerves have been damaged. 

However, they still require emergency care and hospitalization. Doctors will need to surgically remove damaged tissue and skin graft the area to promote healing and reduce scarring. Severe third-degree burns may also require physical therapy and additional reconstructive surgeries.

In some cases, third-degree burn victims may require skin grafts from donor areas of their own body or synthetic skin substitutes to cover and heal the area. The recovery process can take months and require extensive rehabilitation and scar management. 

Get Help With Your Workers Comp Settlement from an Experienced North Carolina Workers Injury Lawyer!

If you’ve been injured at work, you need an advocate in your corner fighting for the compensation you deserve. As North Carolina workers compensation attorneys, we understand how difficult and stressful this time can be for you and your loved ones. We will fight to get you the best possible workers comp settlement as soon as possible.

Contact us at 919-328-2336! 

In the hustle and bustle of daily work, the possibility of injury can often be overshadowed. But if you sustained a workplace injury, you need to make sure you understand the legal framework and what your options are when it comes to workers compensation. This blog examines the intricacies of workers comp in North Carolina, offering a comprehensive guide for employees.

Who Is Covered by Workers Compensation?

Imagine a scenario where a construction worker falls from scaffolding, suffering a broken leg. North Carolina’s Workers Compensation system steps in, ensuring this injured worker receives medical treatment and a portion of their lost wages without needing to prove employer negligence. This “no-fault” system balances the needs of injured employees with the protection of employers from costly lawsuits.

While the general rule mandates coverage for employers with three or more employees, understanding the nuances of who qualifies as an “employee” and the exceptions to the three-employee rule is crucial.

Who Is Definitely Covered?

• Full-time, part-time, and temporary employees: Regardless of their work schedule, these individuals qualify for coverage as long as they perform services for the employer under a contract of hire.
• Seasonal employees: Workers employed for a specific season, like agricultural or tourism workers, are also covered.
• Minors employed under a work permit: Even underage workers, if legally authorized to work, fall under the umbrella of workers’ compensation.
• Corporate officers: In most cases, corporate officers, such as directors and vice presidents, are considered employees and entitled to coverage. However, they can opt out if they own at least 10% of the company’s stock and have written documentation of their opt-out status.

Who Might Be Covered Under Specific Circumstances?

Under certain conditions, independent contractors working for a specific employer with a defined scope of work might be eligible for coverage. Consulting with a North Carolina workers comp attorney or the Industrial Commission is advisable to determine their specific status.

If an employee is leased from a staffing agency to another company, both the staffing agency and the company using the employee’s services may be responsible for workers’ compensation coverage.

Who Is Specifically Excluded?

• Domestic workers: Individuals employed within a private household for domestic purposes, like housekeepers or childcare providers, are typically excluded.
• Volunteer workers: Individuals who offer their services without the expectation of compensation are not considered employees and therefore not covered.
• Federal, state, and local government employees: Public employees in these sectors have separate workers compensation systems or alternative benefits offered by their respective governments.
• Agricultural workers: If an employer has fewer than ten employees and solely engages in agricultural activities, then their workers are generally excluded.

What Benefits Are Typically Provided?

While medical expenses and wage replacement are often the first benefits that come to mind, North Carolina’s Workers Compensation system offers a more comprehensive package of support for injured workers:

Medical Expenses

Workers compensation covers all reasonable and necessary medical expenses resulting from your on-the-job injury. This includes:

• Doctor visits and consultations
• Hospitalization and surgery
• Diagnostic tests and imaging
• Physical therapy and rehabilitation
• Prescription medications and medical equipment

There are no out-of-pocket costs for eligible medical treatment. Your employer’s insurance carrier will manage and coordinate your care through a designated healthcare provider network. You may have the right to seek second opinions under certain circumstances.

Wage Replacement

If your work injury prevents you from working, whether temporarily or permanently, you may be eligible for wage replacement benefits. These help compensate you for lost income:

• Temporary Total Disability (TTD): Paid at two-thirds of your average weekly wage when you cannot work at all due to your injury.
• Temporary Partial Disability (TPD): Paid at two-thirds of the difference between your pre-injury and post-injury wages if you can work in a limited capacity.
• Permanent Partial Disability (PPD): A lump sum payment or weekly benefits based on the severity and functional limitations caused by your injury.
• Permanent Total Disability (PTD): Paid at two-thirds of your average weekly wage if your injury renders you unable to return to any gainful employment.

Additional Support

• Vocational Rehabilitation: If an injury impacts the employee’s ability to return to their previous job, vocational rehabilitation services may be provided to help them acquire new skills and secure suitable employment in a different field.
• Death Benefits: In the tragic case of a work-related fatality, eligible dependents, such as spouses and children will receive survivor benefits. This is paid to the spouse and/or minor children of the deceased worker, at a percentage of the deceased’s average weekly wage. These beneficiaries will also receive burial expenses in the form of a one-time payment.

The Claims Process

Here are the key steps you should follow when filing a workers compensation claim:

• Report the Injury: Employees must promptly inform their supervisor or employer of a work-related injury or illness, in writing, making sure to include all the details and circumstances of your injury. Delayed reporting may impact claim eligibility.
• Fill Out and Submit Form 18: The employee then files a Form 18 with the North Carolina Industrial Commission (NCIC). The IC administers the Workers’ Compensation Act and adjudicates claims. The form should be filed within 30 days of the date of injury or the date of your diagnosis.
• Contact a North Carolina Workers Comp Lawyer: An experienced attorney can help make sure all forms are filed correctly and on time and can handle the claim process on your behalf while you focus on healing.

If your workers compensation claim is denied, your employer or their insurance company will provide you with Form 61, within 14 days of our claim. In this case, you can request a hearing with the NCIC to further discuss your claim. You can do so by filing an official request for a hearing, under Form 33.

If your claim is approved, your employer or their insurance company will provide you with either Form 60 (Employer’s Admission of Employee’s Right to Compensation) or Form 63 (Notice to Employee of Payment Without Prejudice).

Important Legalities to Keep in Mind

• Employee Rights: Employees have the right to choose their own healthcare provider within a Commission-approved network. They also have the right to legal representation throughout the claims process.
• Employer Responsibilities: Employers must promptly report workplace injuries to the Commission and cooperate with the investigation. They are responsible for providing coverage through a licensed insurance company or securing self-insured status.
• Dispute Resolution: If disagreements arise regarding benefits or other aspects of the claim, formal hearings or mediation may be necessary.

Contact an NC Workers Compensation Attorney Immediately

No matter if your workers compensation claim has been denied or approved initially, you should still contact an experienced NC workers comp lawyer for help and guidance. Even if you received a Form 63, your benefits may still be denied, in which case a skilled attorney will fight on your behalf to protect your legal rights and get you the compensation you deserve.

Consult with experienced legal counsel at North Carolina Workers Comp Lawyers at 919-328-2336 for detailed guidance and assistance with specific situations.

If you’ve sustained a work-related injury or illness in North Carolina, navigating the workers compensation system can feel overwhelming. Complex legalities, unfamiliar forms, and potential disputes with insurance companies can quickly add stress to an already difficult situation. While filing a claim on your own is not illegal, the advantages of enlisting the help of a qualified workers comp lawyer are substantial. Here’s why:

Understanding the System

North Carolina’s workers compensation laws are nuanced and intricate. An experienced lawyer will have comprehensive knowledge of these laws, including:

• Your eligibility for benefits: Not all work-related injuries or illnesses qualify for compensation. Your lawyer can assess your situation and advise you on whether you have a valid claim.
• Benefits available: Depending on the severity of your injury, you may be entitled to medical expenses, lost wages, vocational rehabilitation, and even permanent disability benefits. Your lawyer will ensure you understand the full scope of potential benefits.
• Deadlines and procedures: Timely filing of forms and meeting specific deadlines are crucial for a successful claim. Your lawyer will guide you through the process and ensure all legal requirements are met.

Navigating the Claim Process

The path to receiving benefits can be complex and riddled with potential pitfalls. Your lawyer can assist in:

Initial Investigation and Case Building

Your lawyer will meticulously gather evidence to support your claim, including:

• Witness statements: Statements from colleagues or supervisors who witnessed your injury or can attest to its work-related origin.
• Medical records: All medical records related to your injury, including diagnosis, treatment plans, and ongoing care needs.
• Accident reports: Any official reports filed by your employer or emergency responders documenting the incident.
• Wage records: Proof of your earnings before and after the injury to calculate lost wages.

Meeting deadlines and completing paperwork accurately are crucial for a smooth claims process. Your North Carolina workers comp lawyer will handle these intricacies, ensuring all forms are filed on time and with the correct information, minimizing the risk of delays or technical denials.

Communication and Negotiation

Your lawyer will act as your liaison, effectively communicating with all parties involved in your claim, including:

• Your employer: Ensuring your employer fulfills their legal obligation to report the injury to the North Carolina Industrial Commission and cooperates with the claims process.
• The insurance company: Negotiating with the insurance company to secure a fair and timely settlement, advocating for your maximum benefits based on the evidence and applicable law.
• Medical providers: Ensuring your medical bills are covered by the insurance company and advocating for necessary treatment while protecting your privacy.

If your claim is denied or benefits are disputed, your lawyer will skillfully represent you at hearings before the North Carolina Industrial Commission. They will present evidence, arguments, and legal precedents to persuade the commissioner to rule in your favor.

Ongoing Support and Guidance

Your attorney will monitor your case progress, keeping you informed of developments and deadlines. They will be readily available to answer your questions and address any concerns you may have throughout the process.

If the Industrial Commission’s ruling is unfavorable, your lawyer can guide you through the appeals process, evaluating your options and taking the necessary steps to fight for your rightful compensation.

Protecting Your Rights

Your lawyer will vigilantly protect your rights throughout the claims process. They will ensure the insurance company and the Industrial Commission adhere to due process and fair treatment protocols. Your sensitive medical information will be kept safe and your legal representative will ensure your privacy is respected throughout the legal proceedings.

By providing comprehensive support, meticulous attention to detail, and skilled negotiation, your workers compensation lawyer empowers you to navigate the complexities of the claims process and ultimately secure the benefits you deserve.

Maximize Your Compensation

While workers compensation laws are designed to protect injured workers, insurance companies may not always offer fair settlements. Your lawyer can:

Evaluate the True Value of Your Claim

This includes lost wages, future earning potential, and long-term medical expenses. Your lawyer will fight for an award that reflects the full extent of your damages.

Negotiate Settlements

Experienced lawyers are skilled negotiators, leveraging their knowledge of the law and your case’s details to secure the best possible settlement.

Protect Your Interests

Insurance companies may attempt to minimize your benefits or deny your claim altogether. Your lawyer will advocate for your rights and ensure you receive fair compensation.

Peace of Mind and Reduced Stress

Dealing with a work-related injury can be physically and emotionally taxing. A lawyer can:

• Free you to focus on recovery: By handling the legalities and paperwork, your lawyer allows you to concentrate on healing and getting back on your feet.
• Provide emotional support and guidance: The legal process can be intimidating. Your lawyer will be a trusted advisor, answering your questions and addressing your concerns throughout the case.

Choosing the Right Lawyer

When selecting a workers compensation attorney, it’s crucial to find someone with experience and expertise in North Carolina law. At North Carolina Workers Comp Lawyers, we will provide you with:

• A lawyer who focuses solely on workers compensation. This ensures they have in-depth knowledge of the relevant laws and procedures.
• A positive track record of success. We have extensive experience handling similar cases and  success rate in obtaining favorable outcomes.
• Clear communication and accessibility. We will ensure that you feel comfortable asking questions and receive prompt responses from your lawyer.

No Upfront Costs

In North Carolina, workers compensation attorneys typically work on a contingency fee basis. This means you only pay fees if they successfully secure benefits for you. The fees are then deducted as a percentage of your settlement or award.

Schedule a Consultation with Your NC Workers Comp Layer Now

The benefits of hiring a qualified lawyer are numerous. From navigating complex legalities to maximizing your compensation and reducing stress, a lawyer can be a valuable asset in securing the benefits you deserve. If you’ve been injured on the job in North Carolina, consider seeking out a reputable workers comp lawyer to guide you through the process and fight for your rights. Contact us at 919-328-2336 to get help now.

For North Carolina’s diverse workforce, navigating the realities of workplace injuries can seem overwhelming. From bustling construction sites to bustling farms and quiet offices, risks lurk in every corner. Understanding the prevalence of certain workers comp injuries and how they apply to North Carolina Workers’ Compensation empowers individuals to navigate this complex landscape.

Our North Carolina workers’ comp lawyers are here to help with your claim.

Orthopedic Injuries

Leading the pack are musculoskeletal injuries, encompassing damage to muscles, bones, joints, tendons, ligaments, and surrounding soft tissues. Lifting heavy objects, repetitive motions, and awkward postures are frequent culprits, resulting in strains, sprains, carpal tunnel syndrome, and back pain. These seemingly mundane injuries can significantly impact mobility and productivity, demanding immediate medical attention and potential workers’ compensation claims.

Spinal Cord Injuries

Among the most severe workplace injuries are those affecting the spinal cord. Struck-by accidents, falls from heights, and machinery accidents can lead to partial or complete paralysis, impacting mobility, sensation, and bodily functions. Navigating the Workers’ Compensation system in such cases becomes crucial for securing ongoing financial assistance and medical resources.

Head and Brain Injuries

Head and brain injuries pose significant challenges. Concussions, traumatic brain injuries (TBIs), and exposure to toxins can manifest in headaches, dizziness, cognitive impairments, and mood swings. The long-term consequences can be debilitating, affecting memory, concentration, and even personality. 

Early diagnosis and proper medical care are vital while accessing Workers’ Compensation benefits can help offset the financial burden of treatment and lost wages.

Repetitive Strain Injuries

Repetitive strain injuries (RSIs) are on the rise, affecting office workers, cashiers, and assembly line workers who engage in repetitive motions throughout the day. Carpal tunnel syndrome, tendonitis, and bursitis are common RSIs, causing pain, inflammation, and limitations in fine motor skills. 

Workers’ Compensation may cover medical treatment and lost wages due to RSIs, recognizing the impact these injuries have on the ability to work.

Mental Health Issues

Furthermore, the psychological toll of workplace experiences cannot be ignored. Work-related stress, anxiety, and post-traumatic stress disorder (PTSD) can arise from dangerous conditions, exposure to violence, or traumatic events. 

Fortunately, North Carolina recognizes the validity of mental health claims under Workers’ Compensation, allowing individuals to access needed psychological support and financial compensation for treatment and lost productivity.

High-Risk Industries

While certain injuries like musculoskeletal issues and RSIs transcend professions, the nature of some industries puts their workers at a heightened risk for specific types of injuries. Understanding these trends helps individuals in high-risk fields prepare and seek appropriate support when needed.

Construction workers

Will face a constant threat from falls, falling objects, and struck-by incidents. Scaffolding collapses, dropped tools, and machinery accidents can lead to severe orthopedic injuries, spinal cord trauma, and head injuries. Construction companies must prioritize robust safety protocols, and injured workers in this field should be particularly vigilant in documenting workplace hazards and promptly reporting accidents.

Agricultural workers

The backbone of North Carolina’s farming industry, are susceptible to tractor rollovers, animal bites, and exposure to chemicals. Amputations, crushed limbs, and respiratory problems are frequent concerns. 

Implementing safety measures like rollover bars, proper animal handling training, and protective gear is crucial for preventing these injuries. Additionally, agricultural workers’ compensation claims may involve unique considerations related to seasonal employment and specific hazards inherent to farm work.

Healthcare workers 

Often lauded as heroes, are not immune to occupational hazards. Needle sticks, lifting patients, and exposure to infectious diseases can lead to sharps injuries, musculoskeletal disorders, and illnesses. Ensuring adequate staffing, proper equipment, and comprehensive infection control protocols in healthcare settings is essential. 

Recognizing the specific dangers faced by various professions allows for targeted safety measures, informed injury prevention strategies, and streamlined processes for claiming compensation when needed.

Navigating the Maze: Essential Steps for Injured Workers

In the wake of a workplace injury, seeking immediate medical attention is paramount. Prompt diagnosis and treatment ensure faster recovery and minimize complications. Next, notify your employer about the injury within 30 days. 

Consulting an experienced Workers’ Compensation attorney can prove invaluable, guiding you through the complexities of the legal process and ensuring your rights are protected. Contact our North Carolina Workers Compensation Lawyers at 919-328-2336 if you have suffered an injury on duty. We are to protect your rights and ensure you get the compensation you deserve.