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Category Archives: FAQs – Workers Compensation
Q. What type of physical ailments are considered disabling under WC law?
A. The key to the question of whether you are disabled under WC law or not is based on how the physical or mental ailment(s) you have impact your ability…
Q. How much $ will I get from WC due to an on-the-job injury?
A. NC law permits an injured worker to receive 66%of his or her pre injury gross wages for each week they are unable to work. This salary continuation or temporary…
Q. Are back injuries that are not “accidents” covered by Workers’ Compensation?
A. Yes. Generally, a work injury must be an “accident” to be compensable. Back injuries do not have to meet this requirement. NC law accepts back injuries that do not…
Q. What if I am able to work after my workers’ compensation injury, but my earnings are significantly less than before my injury?
A. If you return to a job paying significantly less wages than pre-accident wages, you may be entitled to 66 2/3% of the wage differential. Since NC Law is based…
Q. What if my work injury causes or exacerbates my depression or other mental illness?
A. Work injury related depression and other mental impairments may be compensable under NC Law. Our appellate courts are regularly expanding the consideration of mental and physical ailments that result…
Q. What if I cannot return to any gainful employment because of my work related injury?
A. If you can never return to any type of work because of your workers’ compensation injury, the Industrial Commission can award lifetime benefits. These benefits can include payment of…
Q. What if my workers’ compensation doctor assigns a permanent partial impairment (P.I.) rating for my injury?
A. When a doctor releases you from care, a permanent disability rating may be assigned to your injured body part. A rating means that you will never again be 100%…
Q. How long do I have to file a workers’ compensation claim?
A. As soon as possible, you should file a Form 18 (Notice of Accident or Injury) with the Industrial Commission and employer informing them that you wish to make a…
Q. What if I have problems after I settle my workers’ compensation claim?
A. Most insurance companies will try to “clinch” or close out the claim when they offer a settlement. This means you can never reopen your claim and cannot get any…
Q. Can my employer fire me while I am on workers’ compensation?
A. No. The Retaliatory Employment Discrimination Act (REDA) specifically prevents employers from firing you because you filed a WC claim against them. REDA protects you from any firing, demotion, punishment,…
Do Undocumented Workers Qualify for Workers Compensation?
Immigration reform and enforcement of immigration laws have become a political hot topic, especially in light of Arizona’s enactment of several laws aimed at getting more undocumented residents to leave…
Q. Can I draw Workers’ Compensation weekly checks and Social Security checks at the same time?
A. Yes, but your Social Security check will be reduced or offset by the amount of your Workers’ Compensation check. Social Security law mandates an offset of disability checks when…
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