2024 How Does Workers Comp Work in North Carolina?

If you were recently injured on the job, you may be asking yourself, “How does workers’ comp work in North Carolina?” While North Carolina workers have the right to receive benefits if they are injured on the job, the process can be time-consuming and confusing if you do not have the help of an experienced personal injury lawyer to guide you.

What Types of Injuries Qualify for Workers’ Compensation?

Any work-related injury could potentially qualify you for workers’ compensation benefits. These could include:

• Carpal tunnel syndrome
• Tendonitis
• Back injuries
• Head injuries
• Repetitive stress injuries
• Burns or cuts

In North Carolina, if you intentionally injure yourself, you generally cannot receive workers’ compensation benefits. Workers’ compensation is designed to provide benefits for injuries that occur during the course of employment and are not intentionally self-inflicted.

Although the types of injuries that may qualify for benefits are expansive, you will still need to prove that the injury is serious and that it resulted from work activities. Sometimes, this is easy to prove, especially when there were witnesses to the accident that caused the injury.

In other cases, it may be more difficult to prove a connection between your work and the injury. Back injuries, for example, may take months or years to fully manifest, and you may have had a history of back pain. One way you can present a strong claim is by allowing a workers’ compensation attorney to file the claim on your behalf.

What Types of Benefits Can I Receive?

Workers’ compensation benefits provide financial support to mitigate the impact of workplace injuries. Benefits include coverage for all necessary medical treatments related to your injury, such as doctor visits, surgeries, hospital stays, physical therapy, and medications.

If you need time off work, workers’ compensation typically provides two-thirds of your normal wages. Additionally, benefits may cover vocational training to help you return to work or transition to a new job if necessary.

Temporary disability benefits are available if your ability to work is limited, and employers are obligated to make reasonable accommodations upon your return to prevent re-injury. Recovery from certain injuries can be lengthy, and not everyone fully recovers.

Legal assistance from an experienced workers’ compensation attorney can ensure you receive the necessary benefits to adapt to any short- or long-term changes in your ability to perform work tasks effectively.

How to File a Workers’ Compensation Claim in North Carolina

After a work-related accident, you must complete certain steps to be eligible for workers’ compensation benefits.

• Report your injury: According to guidelines set forth by the North Carolina Industrial Commission, you must report your injury to your employer and seek medical treatment as soon as possible.Your employer should provide contact information for a designated healthcare provider if your business does not have an on-site medical facility. In the case of a life-threatening injury, it is, of course, more appropriate to call 911 and seek treatment at the nearest hospital.

  If your employer does not have an on-site or designated off-site healthcare provider, seek medical care that meets your medical needs. Depending on your situation, you may receive appropriate healthcare from your family doctor or a hospital emergency room.

• Notify your healthcare provider: Tell your current healthcare provider about your work-related injury.
• Provide written notice: Within thirty days of your injury, provide written notice of your injury to your employer. This creates a documented paper trail. Keep a letter for your records and include a brief description of the injury as well as the date of the accident.
• Follow your doctor’s instructions: The aim of the workers’ compensation system in North Carolina is to provide quality healthcare that helps you recover your health and ability to work. While some injuries may have permanent effects, following your doctor’s instructions should help you recover as fully as possible.

Following those steps ensures compliance with the state’s rules. Failure to follow certain steps, such as following your doctor’s guidelines, could result in your benefits being revoked.

FAQs

Q: How Is Workers’ Comp Paid in North Carolina?

A: Workers’ compensation benefits are paid through multiple means in North Carolina. The funds typically come from the employer’s workers’ compensation insurance carrier. Medical benefits are then paid directly to the healthcare provider.

If your doctor recommends that you take time off work to recover, you can be paid directly from the workers’ compensation insurance carrier. In some cases, you may receive a lump sum settlement for your injury.

Q: Does My Employer Have to Hold My Job While I’m on Workers’ Comp in North Carolina?

A: Your employer cannot retaliate against you or fire you for filing for workers’ compensation. However, it is possible that your place of employment may experience financial trouble and have to lay off workers. In this situation, it would be lawful for your employer to lay you off as long as the underlying reason has nothing to do with your workers’ comp claim.

Q: How Long Can You Be on Workman’s Comp in North Carolina?

A: In North Carolina, injured workers are generally eligible to receive workman’s comp benefits for as long as their doctor deems necessary. Benefits can continue until you reach maximum medical improvement, commonly known as MMI.

This designation generally means that the worker’s condition has stabilized, and no further improvement is expected. Continued eligibility for benefits may be reviewed based on disability status and ability to return to work.

Q: How Is Workers’ Comp Settlement Calculated in North Carolina?

A: The formulas for calculating workers’ comp settlements in North Carolina are complicated, but the main factors consider the severity of the injury, the ability of the employee to return to work, past time missed from work, future time that will be missed from work, and the income of the injured worker.

One job of a workers’ compensation attorney is to make sure that their clients receive the settlement they need to fully recover.

Schedule Your Workers’ Compensation Consultation Today

The workers’ compensation program may seem complicated, especially if you’re new to the filing process. Any filing errors you make could delay your benefits or lead to a rejection of your claim. To streamline the process and receive your benefits on time, it’s important to hire a law firm that has helped many past clients navigate the workman’s comp process.

The attorneys at Bridgman Gantt Law Offices have helped many clients receive favorable settlements following a work-related injury. We can do the same for you. Contact our office today so we can start the process.