Workers’ Compensation

If you have suffered an on-the-job injury in North Carolina, or if you were injured while working for a North Carolina company, you have important rights under North Carolina’s workers’ compensation law. Workers’ compensation is frequently referred to as workmans’ comp or worker comp.

Many of our North Carolina workers’ compensation cases involve clients who live outside of North Carolina. Many were injured years ago on-the-job. We often hear from injured workers who are tired of dealing with the workers’s compensation insurance company and are considering settling their case. This is called a “clincher.” If you are not being treated fairly by your employer or the insurance company, or if you are unsure what you should do, we have experienced workers’ compensation lawyers ready to help you get the NC workers’ comp benefits you deserve.

We represent injured employees in a variety of North Carolina worker comp claims, including serious work-place injuries, on-the-job automobile accidents, and psychological disorders. Our lawyers use technology to communicate with our clients and to stay on top of developments in the constantly changing area of N.C. workmans’ comp law.

An experienced NC workers’ comp lawyer can help you understand your rights under North Carolina workers’ compensation law, as well as help handle your claim. We provide a free consultation to injured workers. We are located near Interstate 40 in Cary, NC, convenient to Raleigh, NC, and the Research Triangle Park. In some cases our lawyers will come to you. So whether you call it workers’ compensation, workman’s compensation, or workmen’s compensation, please let us know if we can help.

ABOUT NORTH CAROLINA WORKERS’ COMPENSATION

Workers’ Comp is the system established by the State of North Carolina to care for employees injured in on-the-job accidents. The North Carolina workers’ compensation system is administered by the North Carolina Industrial Commission (NCIC)

The North Carolina workers’ compensation system takes workplace injuries out of the tort/negligence framework and generally prevents employees from suing their employer directly. An employee may however sue their employer if the employer intentionally acts in a way that is substantially certain to result in serious injury or death, or if the employer intentionally injures an employee.

Employers with three or more employees are included in the workers’ compensation system. Subcontractors must provide workers’ compensation if they employ even one person. Most companies buy workers’ compensation insurance to cover workers’ compensation claims. Some companies are self-insured and retain administrators to handle their N.C. workers’ compensation claims.

HOW DO I FILE A NORTH CAROLINA WORKERS’ COMPENSATION CLAIM?

An employee should give their employer and the North Carolina Industrial Commission written notice of an injury or occupational disease within thirty days. To preserve your rights, this must be done on a Form 18 within two (2) years of the accident, or, in the case of an occupational disease, within two years of being informed by a doctor that you have a job related disease. The employer or its workers’ compensation insurance carrier may accept the employee’s workers’ comp claim, or deny the claim. Employees may request a hearing on a denied workmans’ comp claim before the North Carolina Industrial Commission by filing a Form 33. Employees have the right to request a hearing before the Industrial Commission any time they are due a benefit that is not being provided.

WHAT ON-THE-JOB INJURIES ARE COVERED BY NORTH CAROLINA WORKER’S COMPENSATION?

Workers’ compensation in North Carolina covers injuries that result from an accident arising while in the course of employment. Employers and workers’ compensation insurance carriers are good at applying these limitations to restrict or deny otherwise meritorious claims.

To be compensable, an injury must have been caused by an accident. This issue is frequently in contested in NC workers’ comp cases. The North Carolina Industrial Commission has ruled on this in many differing factual circumstances. Injuries to the employee’s back are an exception and are generally compensable even if they occur while the employee is engaged in normal duties.

The compensable injury must also arise out of the employment. This means that the employee must be engaged in the business of his or her employer when the injury occurs. This issue is also frequently contested in NC workers’ compensation cases. Occupational diseases such as brown lung, carpal tunnel syndrome, and some cancers may be compensable if the employee was at greater risk of getting the disease compared to the public at large, and the hazardous condition at work contributed to the disease.

An injured worker may receive benefits under workers’ compensation law in North Carolina even if he or she was at fault in the accident. Benefits may be denied if the accident is intentionally self-inflicted or is a result of the injured worker’s use of alcohol or drugs. If an employee violates a safety rule this may cause the recovery to be reduced by 10 percent, and violation of a safety rule by an employer will cause a recovery to be increased by 10 percent.

Employees who are injured on the job in North Carolina as a result of the negligence of a person not an employer or co-employee may make claims against both workers’ compensation and the negligent party. These “third-party claims” often involve automobile accidents, trip and falls, and defective products. The workers’ compensation insurance carrier has the right to attempt to recoup their payments if someone else is at fault, however the amount of this recovery is negotiable and subject to court action.

WHAT ARE THE NORTH CAROLINA WORKERS’ COMPENSATION BENEFITS?

Workers’ compensation in North Carolina provides injured employees with benefits including medical treatment and compensation for disability. The North Carolina workers’ compensation system provides coverage for economic losses. There is no recovery for pain and suffering.

• Medical Treatment. Expenses for medical treatment to effect a cure, give relief from pain, or lessen the disability are paid by workers’ compensation. Injured North Carolina employees do not have to pay a deductible or co-pay. Employees are not required to miss work to be eligible for medical benefits. The injured employee must show a relationship between the on the job accident and the medical treatment. Often, disputes arise between the insurance company and the employee over control of the medical care. Employees have the absolute right to a second opinion to any permanent disability rating at the employer’s expense and to request a hearing before the industrial commission to resolve medical issues.

• Disability Benefits. If a doctor writes an injured employee out of work for more than seven days they are entitled to receive Temporary Total Disability (TTD). TTD is based on two-thirds of the employee’s average wage prior to the injury. If an employee is not able to return to work receiving the same or greater wages, they may be entitled to two thirds of the difference. If a doctor determines that an employee is permanently but not totally disabled, the employee is entitled to benefits. These benefits are determined by a formula that factors in average weekly wage, the body part injured, and the seriousness of the injury. The employee may be entitled to receive life time benefits if he or she is permanently and totally disabled. In some cases, an employee may elect to receive a percentage of the difference in wages earned prior to the accident and after the accident.

Injured employees have only two years after they receive their last benefit to request additional medical or disability benefits. Frequently, workers’ compensation insurance companies will offer injured workers an amount in addition to their entitlement in return for an agreement not to ever again pursue benefits. These “clincher agreements” should be carefully considered by the injured employee.

SHOULD I CONSULT AN ATTORNEY?

Employees that suffer serious injuries, are having a difficult time getting benefits owed, were injured by the negligence of a third party, or are considering whether or not to sign a clincher, should discuss their case with an experienced North Carolina workers’ compensation attorney. A workers’ compensation attorney can add value to the workers’ compensation claim by helping the injured employee understand and take advantage of all the available benefits. A workers’ comp lawyer will prepare and file the workers’ compensation claim, get and evaluate information such as medical records, negotiate with the workers’ compensation insurance carrier, and make sure the injured worker gets all the benefits they are owed. Additionally, a workers’ comp attorney can help an injured North Carolina worker understand the relationship between workers’ compensation and other benefits such as short or long term disability, Social Security, FMLA, and ERISA.

The employer will have an experienced adjuster or attorney working for them. Many injured workers are more comfortable when they have their own advocate to help them.

If we accept your case, we will be paid a percentage of the benefits we recover for you. We will not accept your case unless we believe we can help you obtain a better recovery than you can on your own.