Workers Compensation in North Carolina
You aren’t alone if you wonder how workers’ compensation works.
Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on North Carolina state law.
If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.
Learn some of the basic principles of North Carolina workers’ compensation insurance and how the process works.
Workers Compensation Statistics in North Carolina ?
Companies in North Carolina submitted reports for over 70,0000 nonfatal workplace incidents in 2019 to the U.S. Bureau of Labor Statistics.
The Department of Labor published data that shows 2.3 out of every 100 workers in North Carolina experienced a work-related illness or injury in 2019. 70,000 people employed by private companies in the state had an accident or fell ill while on the job that year. Nurses at residential care facilities, commercial manufacturers, and pig farmers experienced accidents at higher rates than any other profession during that time. In a press release from January 24, 2020, North Carolina’s Special Emphasis Programs hope to reduce non-fatal injuries or illness for everyone by 5% as part of a five-year plan.
How Does Workers Comp Work in North Carolina ?
There is a standard practice to follow when going through the North Carolina workers’ compensation process.
The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work duties.
North Carolina requires any business with three or more employees to have workers’ compensation insurance. Some types of companies or categories of workers are exempt from this. Including but not limited to: casual employees, farm laborers, and employees of some railroad companies. Beneficiaries receive compensation for medical care, lost wages, vocational rehabilitation, and death benefits. The North Carolina Industrial Commission also pays ⅔ of the last year’s average salary to injured individuals for up to 500 weeks.
The steps you take immediately following a workplace incident in North Carolina are critical for filing a claim. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a North Carolina healthcare professional. Taking too long could not only jeopardize your health, but you run the risk of missing deadlines.
Even if you believe your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This step is the top priority in the workers’ compensation claim process. Otherwise, your employer cannot file a claim with the insurance carrier.
You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.
Generally, your doctor determines if the illness happened because of your work conditions or became aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer.
North Carolina gives employees injured on the job two years to apply for workers’ compensation. Any attempts to obtain benefits after that time may result in a denial. After seeking medical attention, report the injury to your employer within 30 days, by providing a written statement. Your employer cannot try to intimidate you into not doing this, and you should keep a copy for your records. After this is complete, businesses are responsible for filing a First Report of Injury form to the North Carolina Industrial Commission.
Contents of the Report
The First Report of Injury will provide the workers’ compensation insurance carrier with the necessary details. They must know your physical injuries, the medical treatment you received, and the facilities that provided it.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any witnesses.
North Carolina has a twenty-one-day waiting period before beneficiaries can receive payments. If the injuries are severe enough to justify permanent disability benefits, you may apply for a lifelong compensation.
Why You Should Hire a Workers’ Compensation Lawyer
Many people believe that the injury claims process is straightforward. While this may be the case in some instances, it may be more of a hassle.
For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury.
Don’t question how workers comp works and risk losing your claim. Hire a North Carolina workers’ comp lawyer and ensure you have an advocate to fight for your rights.
Work With an Experienced Local Lawyer in North Carolina
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across North Carolina state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
If you would like to do more research, we can tell you about the basics of other areas of North Carolina law.
