As opposed to North Carolina’s tort and negligence systems, which allow for compensation to individuals, workers’ comp laws provide medical treatment and wage replacement for injured employees who cannot do their jobs after an injury. This means that employees who are injured in work-related accidents or contract occupational diseases may be entitled to workers’ compensation benefits under North Carolina workers’ compensation laws.
If this is the first time you have been injured at work, you have no idea what to expect from the workers’ comp process. Workers’ compensation lawyers in Greenville might be able to help you in this regard.
Listed on this page is information about how a qualified law firm handles workers’ compensation cases and what the time frame for the whole process is. The information mentioned below will successfully give you a general idea regarding the legal framework and how things go down in court.
Private companies in North Carolina reported 64,900 nonfatal workplace injuries and illnesses in 2020, resulting in an incidence rate of 2.1 cases per 100 full-time equivalent workers, according to the Bureau of Labor Statistics.
NC Worker Compensation Laws – The Basics:
It’s important to understand the fundamentals of North Carolina workers’ compensation laws.
NC Workers’ Comp Laws History and Regulations:
A worker’s compensation law was enacted in North Carolina in 1929. Under state law, any company with at least three employees is required to carry accident insurance. Workers’ comp laws are controlled by the Industrial Commission.
NC Workers’ Compensation Act:
The North Carolina Workers’ Compensation Act is designed to ensure that employees are paid compensation for injuries that prevent them from returning to work. The employer should acquire an adequate insurance policy for its workers or get licensed as a “self-insured” employer.
In the event of an accident at work, a written notice must be submitted to the employer and this notice of injury must be presented within 30 days of the accident. A written notice shall be submitted within two years from the date of injury. Your workers’ compensation lawyers in Greenville will talk to you about this requirement if you have not already done so.
Sole Remedy & No-Fault:
An injured employee usually needs no other options except filing for workers’ compensation in North Carolina. This means that an aggrieved victim is entitled to a fair reimbursement in the state of North Carolina at all times. However, this statement might still entail certain limited exceptions.
In North Carolina workers’ compensation claims, employer negligence has no bearing on the claim. It is not even an issue in the claim to prove the employer was negligent in causing the accident. While it may seem odd, it benefits the employee since in most cases proving the absence of employee negligence and employer negligence is much more difficult than simply demonstrating that the employee is injured while executing employment duties.
In addition, many workplace injuries are not caused by negligence on the part of anyone. Before the North Carolina Workers’ Compensation Act came into existence, these employees were not able to recover compensation if they were injured on the job.
Benefits – Medical Expenses and Disability:
North Carolina workers’ compensation law provides two primary benefits to injured employees. Generally, your insurance will cover all medical costs associated with the injury; this also includes prescription medications. You must see a doctor approved by the insurance company or the employer. However, you can petition the Industrial Commission to change doctors.
Secondly, the insurance provider will take care of an employee’s disability benefits. Disability benefits amount to two-thirds (66.66%) of a worker’s average gross weekly salary. These benefits are not taxable.
If an employee is unable to work for more than seven days following an injury, the insurance company will begin paying temporary total disability benefits for the following days, as long as the employee is not allowed back to work without the doctor’s written permission. The first seven days are not covered by pay unless the employee is absent for more than 21 days following the seven days.
A worker may be entitled to additional compensation (permanent partial disability benefits) if they suffer a permanent injury to a certain part of their body. The employee is also entitled to benefits if they are determined to be permanently disabled, which include future medical bills and disability payments.
Hence, your lawyer will discuss with you in more detail the possible benefits available if one of the two last categories of disability applies to your case. Worker’s Compensation does not acknowledge complaints of pain and suffering in North Carolina.
Learn More About the Process; Contact Our Greenville Personal Injury Attorneys:
Our website offers general information on workers’ compensation and our Greenville personal injury attorneys handle each case individually. Contact us today to schedule a free consultation to discuss your legal options for recovering your workers’ compensation benefits.