North Carolina Workers’ Compensation Laws

When you’re injured at work, the last thing you should worry about is choosing between pushing through the pain or taking time off to recover. North Carolina workers’ compensation laws are designed to help you cover medical expenses and lost wages, as well as support your recovery process. Navigating the system can be complicated, and knowing what benefits you’re entitled to can make all the difference when it comes to your recovery.

Understanding Workers’ Compensation in North Carolina

Workers’ compensation is a no-fault insurance system that gives compensation to employees who injure themselves on the job. The program was designed to provide medical treatment, wage replacement, and additional benefits to workers injured on the job, while protecting employers from legal action.

In North Carolina, workers’ compensation covers a wide range of work injuries, and the laws surrounding it are governed by the North Carolina Industrial Commission (NCIC). They’re responsible for overseeing the program, processing claims, and making sure that everything is in compliance. The NCIC can be reached on their toll-free line at (800) 688-8349.

Eligibility for Workers’ Compensation Benefits in North Carolina

In North Carolina, most workers are covered by the state’s workers’ compensation program, but there are exceptions. Workers in certain industries, like those employed in agricultural labor or domestic work, might not be eligible for workers’ compensation benefits.

Injuries and illnesses that qualify for workers’ compensation benefits can happen due to work-related accidents, job duties that require repetitive motion, and even from diseases caused by the work environment. Even more importantly, even if the injury was your fault, workers’ compensation still provides coverage. If you need to file a workers’ compensation claim in Gastonia, NC, understanding your eligibility and rights is the first step toward securing your benefits.

Workers in North Carolina are required to notify their employer of an injury within 30 days of the incident. Failure to do so could result in losing the right to file a claim, though there are exceptions in certain circumstances. After the claim is reported, the employer has the right to file the claim with their insurance company or with the NCIC.

Types of Benefits Under North Carolina Workers’ Compensation

Understanding the types of benefits available under workers’ compensation can make a major difference when it comes to recovering both physically and financially. These benefits include:

1. Medical benefits. This covers the cost of medical treatment relating to the injury, including doctor visits, hospital stays, and rehabilitation.
2. Wage replacement. When you’re not able to work because of your injury, you could be entitled to receive a portion of your lost wages.
3. Disability benefits. If the injury causes a permanent disability, workers could receive disability benefits depending on how serious their condition is. These benefits are divided into temporary total disability (TTD), temporary partial disability (TPD), and permanent total disability (PTD).
4. Vocational rehabilitation. If an injury prevents you from returning to your previous job, vocational rehabilitation could help you find new employment in a different field. The goal is to return you to the workforce as quickly as possible.
5. Death benefits. In the tragic event of a work-related fatality, surviving family members could be entitled to death benefits, which can include funeral expenses and a portion of the deceased worker’s wage replacement.

Knowing what support is available can help ease the pressure and assist you in making informed decisions about your next steps. If you’re unsure which benefits apply to your situation, it’s important to speak with a legal professional who can help protect your rights and secure the help you deserve.

Workers’ Compensation Statistics

Nationwide, workers’ compensation insurance is an essential tool to protect employees from the financial devastation that can come with workplace injuries. According to the U.S. Bureau of Labor Statistics, North Carolina employers reported over 68,000 workplace injuries in 2023, with over 40,000 of these incidents requiring time away from work.

With 1 U.S. employee dying every 99 minutes in a work-related injury as of 2023, it’s good to know that the North Carolina workers’ compensation system covers more than 5 million employees. These benefits can ensure you don’t have to shoulder the financial burden by yourself. Failing to file a claim can mean missing out on support you’ve already earned.

What to Do if Your Workers’ Compensation Claim Is Denied

In North Carolina, even when you follow every step in the process, not every claim is approved. Sometimes, more evidence of your injury is needed, or it is determined you’re not as injured as you say you are.  If your claim is denied, it’s important to seek legal assistance. An experienced workers’ compensation attorney can help you gather evidence, appeal the decision, and represent your interests throughout the process.

FAQs

Can I Be Fired for Filing a Workers’ Compensation Claim in North Carolina?

No. North Carolina law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If you believe you were wrongfully terminated or discriminated against after filing a claim, you may have grounds for a separate legal action. It’s important to consult with a legal professional to explore your options.

Can I Choose My Own Doctor for Workers’ Compensation Treatment in North Carolina?

In most cases, your employer or their insurance company directs you to an approved doctor for workers’ compensation treatment. However, in some circumstances, you might be able to change doctors or see a specialist with approval from your employer or the NCIC. Always consult with a workers’ compensation lawyer if you’re unsure about your medical care rights.

Does Workers’ Compensation Cover Mental Health Conditions in North Carolina?

Yes. Workers’ compensation covers mental health conditions that are caused or aggravated by your work environment. This can include stress, anxiety, depression, or post-traumatic stress disorder (PTSD) because of work-related incidents. It’s important to document these conditions thoroughly and seek medical treatment to strengthen your claim. An experienced workers’ compensation attorney can guide you in this situation.

Can I Still Work While Receiving Workers’ Compensation Benefits?

You might be able to return to work on a limited basis or in a modified role if your employer offers accommodations. It is important to note that your workers’ compensation benefits could be reduced depending on the wages you earn in your new position. Consult with an attorney to understand how returning to work could affect your benefits.

Contact Us Today to Get Help with Workers’ Compensation Claim Filing

Navigating a workplace injury is difficult enough without the added stress of deciphering legal procedures and benefits. At Roberts Law Firm, P.A., we’re here to help North Carolina workers move forward after an injury.

Contact us today to schedule a consultation.