No one expects to be hurt on the job. Employers have an obligation to ensure that job sites are free from hazards. Unfortunately, on-the-job injuries continue to happen despite laws and workplace regulations. Victims of employer negligence may have questions about what they should do next and what their legal rights are. Workers’ Compensation can be a difficult web to unweave.
If you’re a North Carolina worker who’s been hurt on the job, a Greenville, NC Worker’s Comp lawyer can help guide you through the process. If your claim has been denied, devalued, or you’re lost in the paperwork, contact a Worker’s Compensation lawyer for assistance.
Table Of Contents
- 6 Frequently Asked Questions About Workers’ Compensation in North Carolina
- How Much Does Workers’ Compensation Pay?
- What Do I Do If My Workers’ Compensation Claim Is Denied?
- What Should I Do if I Think I Have a Workers’ Compensation Case?
- Is Chiropractic Care Covered?
- What if My Employer Doesn’t Have Workers’ Compensation Insurance?
- How Long Can an Injured Employee Receive Workers’ Compensation Pay?
- Workers’ Compensation Cases in North Carolina: FAQs Explained
6 Frequently Asked Questions About Workers’ Compensation in North Carolina
Workers who’ve been hurt on the job are entitled to file for Workers’ Compensation. The process is somewhat straightforward, yet some are confused by the process or afraid to file. Those having difficulties with the process can reach out to a North Carolina Workers’ Comp attorney for assistance.
Most employees who are considering filing for Workers’ Compensation benefits have numerous questions about how it works. Here are some of the most common questions on injured workers’ minds.
How Much Does Workers’ Compensation Pay?
Workers’ Compensation insurance pays out a weekly rate of 66 ⅔% of your average pay. As of January 1, 2023, the maximum weekly payout is capped at $1,254.00. This amount is non-negotiable.
What Do I Do If My Workers’ Compensation Claim Is Denied?
If you’ve filed a Workers’ Compensation claim and it’s been denied, you have the legal right to dispute it. Hiring an experienced Workers’ Compensation attorney who can fight for your right to compensation usually has positive results. Some employers can make it difficult for injured employees to claim benefits until a lawyer steps up to bat for them.
What Should I Do if I Think I Have a Workers’ Compensation Case?
Employees who’ve been hurt while working should notify their employer both orally and in writing as soon as possible. If they don’t notify their employers within 30 days of the date of the accident, they’ll lose their rights to file for a Workers’ Compensation claim. After notifying your employer, you’ll need to complete the necessary forms and file them with the North Carolina Industrial Commission. Please note that not all injuries will be covered.
Is Chiropractic Care Covered?
Your employer would have to agree to chiropractic care for it to be covered under Workers’ Compensation Insurance. If permission is granted, the injured employee is entitled to 20 chiropractic care visits. If additional care is necessary, the chiropractor will need to request authorization from the employer.
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
All North Carolina employers with three or more employees are required by law to have Workers’ Compensation Insurance. If the employer doesn’t carry it, the injured employee can report this lack of required coverage to the NCIC Criminal Investigations & Employee Classification Division.
If you’ve found yourself in this situation and your employer doesn’t have the necessary coverage, you’ll need to seek compensation by filing a personal injury lawsuit. Working with an experienced Workers’ Compensation attorney can help you file the case.
How Long Can an Injured Employee Receive Workers’ Compensation Pay?
Workers’ Compensation benefits will last as long as the employee is unable to perform the duties of their job. If the injured employee is deemed to have a permanent disability, they will be eligible for Temporary Partial Disability Benefits (TPD) or Permanent Partial Disability Benefits (PPD). When choosing which option is more beneficial, it’s important to consult with a lawyer who has experience with the North Carolina Workers’ Compensation regulations.
Workers’ Compensation Cases in North Carolina: FAQs Explained
Workplace hazards shouldn’t exist. Unfortunately, they do in some situations and if you’ve been injured on the job, you have the right to file for Workers’ Compensation. Depending on the severity and permanence of your injuries, you’ll either be paid a percentage of your average weekly pay until you return to work or, if your injuries are permanent, you’ll be paid based on the current Workers’ Compensation regulations.
Knowing when to file for Workers’ Compensation or to file a personal injury lawsuit can be difficult for the layperson to decide. With so many factors involved, it could prove to be difficult to make the decision alone. If you’ve been injured on the job and haven’t a clue as to what to do, consult with a Workers’ Compensation attorney who has the knowledge of what’s best for your situation.