North Carolina workers comp lawyers get calls all the time from part-time workers. A lot of them are under the impression that they aren’t entitled to workers comp benefits. They either work through their injury or miss time from work without pay. Sadly, their employers very rarely point out to them that they can apply for workers compensation benefits.
If you happen to be in this situation, you need to protect yourself. You have a right to these benefits and a North Carolina workers comp lawyer can help you get them. All you have to do is call our office as soon as possible after your accident or injury.
We’ll set up a date and time for you to come in for your free consultation. In the meantime, here are some of the basics when it comes to workers comp law in North Carolina for part-time workers.
Almost All Employees are Entitled to Workers Comp Benefits
If you work legally in North Carolina, then you’re entitled to workers compensation benefits. There are only a few exceptions to this rule. There are certain employers who aren’t required to carry workers comp insurance. There are also certain types of employees who aren’t entitled to these benefits.
In North Carolina, the following people are not allowed to apply for workers compensation benefits:
- Farm workers who work on a farm with less than ten (10) employees
- Federal employees
- Domestic servants
- Casual employees
- Railroad employees
If you fall into any of these categories, you are excluded from workers compensation insurance. If you work in any other industry, you have the right to apply. This is true whether you work 10 hours a week or 40.
Your North Carolina Workers Comp Lawyer Still Has to Prove You Qualify
Keep in mind – just because you’re entitled to apply for workers comp doesn’t mean you’re guaranteed benefits. Your North Carolina workers comp lawyer still must prove your case. If your claim is denied and the insurance company refuses to honor your claim, your attorney will have to pursue it legally.
If you can’t prove the basic criteria required to receive workers comp benefits, then you won’t receive anything. The basic criteria to qualify for benefits include the following:
- You were injured while on the clock
- You were working within the scope of your employment
- You weren’t using drugs or alcohol at the time of your injury or accident
- You reported the accident to human resources or management
- You are treated by a company-approved doctor
- You agree to a drug test and it comes back clean
If you meet these basic requirements, there’s a good chance you’ll receive benefits.
Your Benefits Would Still Be 2/3 of Your Weekly Wages
Whether you’re a part-time or full-time employee, you’re entitled to two things under workers comp. First, you’re entitled to medical treatment for your injuries. As long as you are treated by a company-approved doctor and comply with their treatment regimen, it should be covered by insurance.
You’ll also be entitled to replacement wages. Each week, you’ll receive an amount equal to 2/3 of your average weekly wages. So, if you normally made $300 per week, you’ll receive $200 on workers comp.
There is a Waiting Period
All North Carolina employees have to endure a seven (7) day waiting period. Until you miss more than 7 days, you won’t receive any replacement wages. If you do end up becoming eligible for benefits, you’ll be compensated for any time beyond this waiting period. Most employers have a policy that requires you to use any vacation or sick time to cover this one-week period.
Call and Schedule Your Free Consultation with a North Carolina Workers Comp Lawyer
When you go to work in the morning, the last thing you expect is to end the day in the emergency room. Sadly, people get hurt every day while on the job. If this happens to you, it’s a good idea to call and talk to a North Carolina workers comp lawyer. They can arrange for you to meet with an experienced attorney who has years of experience handling cases just like yours.
Whether you’re working part-time or full-time, you’re still eligible for benefits. Your North Carolina workers comp lawyer will have to prove you’re entitled to benefits. That’s why it’s best for you to meet with an attorney sooner rather than later. Call and speak with one of our staff so they can set up a date and time that works for you.