Am I covered by workers' compensation?
Some employers do not have workers' compensation insurance coverage. You need to check to see whether your employer has such coverage. The law requires that all employers who employ three or more employees should have this type of insurance in North Carolina . However, sometimes they neglect to purchase this coverage.
What happens if my employer does not have workers' compensation coverage?
You will have to use your own group medical insurance if you have it. If you pursue your employer through a claim with the Industrial Commission, it is a long process that often does not result in payment in full.
What type of Injuries would be covered by workers' compensation?
Usually any accident that occurs on the job is covered. This is a complicated matter when it comes to other conditions that you may have that have developed over a period of time. These are usually known as occupational diseases and your doctor will have to say that it was caused by your job. You should discuss this with your doctor and give him a complete, detailed, factual description of your work and your history on the job if you have developed some problems over a period of time. There are often issues regarding whether an injury or disease is covered by the Act and this is why you would need an experienced, skilled law firm such as our own to assist you.
What benefits will I receive if I have an injury or disease covered by the Act?
You ought to receive 66.213% of you your average weekly wage for each full week that you are out of work as a result of your injury or disease. All of your medical bills should be paid. Your mileage at the rate of .25 per mile to and from doctors, physical therapy, hospitals, etc., should be reimbursed to you. All pharmaceutical bills prescribed by a treating physician should be paid. Other benefits would be discussed with you, by an attorney or you can obtain pamphlets or written materials from the Industrial Commission describing these benefits.
I have been released by my doctor and have been assigned to a vocational consultant by the workers' compensation carrier. What does this mean?
This probably means that you will need to apply for jobs that are recommended by the vocational rehabilitation consultant. The consultant will attempt to find you employment. At that time, your temporary total compensation payments will stop.
What happens If I am offered a Job in which I do not like?
The law generally is that the vocational consultant has to find a job that is suitable for you. There is a considerable disagreement as to what is suitable employment. A vocational consultant should try to find you a job that meets your pre-injury wage and is one consistent with your physical limitations set by your doctor and is one that meets your skills and experience. This is difficult if you have restrictions that prevent you from returning to any previous employment. This may be an area in which you would need legal assistance if a problem should arise.
I have returned to work to my old job and have been rated by my doctor, What am I entitled to?
Under the Act, you will be entitled to a lump sum payment based on the percentage of disability to the particular part of the body that was injured. This is based on a schedule and the statute. You will probably not need an attorney under these circumstances, but we will be happy to confer with you for free and advise you as to whether you are getting the correct amount under the statute.
Remember
No matter what your questions are, please feel free to contact us either by phone or by making an appointment. We offer free consultation and will attempt to answer any and all questions you may have.
Over the last ten years, we have obtained more than $30,000,000,00 in benefits for clients with workers' compensation claims, We are satisfied that we can obtain for you the maximum benefits permitted by law. Certainly, it would benefit you to consult either of us at this firm concerning questions you have regarding your workers' compensation, death, personal injury, products liability, or malpractice claims.
The Roberts Law Firm
(704) 334-6040 - (704) 865-1488
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