North Carolina Workers' Compensation: What You Need to Know
Understanding Workers' Compensation in North Carolina
Workers’ compensation in North Carolina is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. This system ensures that injured workers receive necessary financial support and medical care while protecting employers from lawsuits related to workplace injuries.
Who Is Eligible for Workers' Compensation?
Coverage Requirements
Most employers in North Carolina are required to carry workers’ compensation insurance if they have three or more employees. This coverage ensures that employees have access to medical care and financial benefits in case of work-related injuries.
Qualifying Injuries
To qualify for workers’ compensation benefits, the injury must occur in the course of employment. This includes:
Traumatic Injuries – Such as falls, machinery accidents, or other sudden injuries.
Occupational Diseases – Including repetitive strain injuries, exposure to harmful substances, and other work-related conditions.
Workers' Compensation Benefits in North Carolina
Medical Benefits
Workers’ compensation covers all necessary medical treatment related to a work injury, including:
Doctor visits
Hospital stays
Surgeries
Medications
Rehabilitation and therapy
Wage Replacement Benefits
If an injured worker is unable to work or can only return to a lower-paying position, they may qualify for wage replacement benefits:
Temporary Total Disability (TTD): If an injured worker cannot work at all, they receive 66 2/3% of their average weekly wage, subject to a maximum amount set by the state.
Temporary Partial Disability (TPD): If an injured worker can return to work but at reduced wages, they receive 66 2/3% of the difference between pre-injury and post-injury wages.
Permanent Partial Disability (PPD): Compensation for permanent impairment based on the severity and impact of the injury.
Permanent Total Disability (PTD): For injuries that result in total and permanent disability, workers receive lifetime benefits.
Death Benefits for Dependents
If a worker dies due to a work-related injury, dependents may receive compensation, including:
Funeral expenses
Weekly benefits to dependents based on a percentage of the worker’s wages
How to File a Workers' Compensation Claim
Reporting the Injury
Injured workers must report their injury to their employer as soon as possible, but no later than 30 days from the date of the injury. Prompt reporting ensures that claims are processed efficiently.
Seeking Medical Attention
After reporting the injury, the worker should seek medical treatment and inform the healthcare provider that the injury is work-related. Proper medical documentation is essential for claim approval.
Submitting a Claim Form
To officially file a claim, injured workers must submit Form 18 (Notice of Accident to Employer and Claim of Employee) to the North Carolina Industrial Commission within two years of the injury.
What Happens If Your Claim Is Denied?
Disputes and Appeals Process
If a workers’ compensation claim is denied or there are disputes regarding benefits, the worker can request a hearing before the North Carolina Industrial Commission. If necessary, appeals can be made to the Full Commission and, subsequently, to higher courts.
Legal Assistance from Barham McCoy, PLLC
Filing a workers’ compensation claim can be complex. Call the attorneys at Barham McCoy, PLLC immediately to ensure your claim is properly handled, and you receive the compensation you deserve.
Employer Responsibilities Under North Carolina Workers' Compensation Law
Insurance Coverage Requirements
Employers must maintain workers’ compensation insurance or qualify as self-insured to ensure compliance with state regulations.
Workplace Safety Compliance
Employers must adhere to workplace safety regulations to prevent injuries and ensure a safe working environment.
Handling Compensation Claims Properly
Employers must promptly report and manage workers’ compensation claims to facilitate timely benefits for injured workers.
Need Help with Your Workers’ Compensation Claim? If you or a loved one has suffered a workplace injury, securing legal representation can make all the difference. Contact Barham McCoy, PLLC today to ensure your rights are protected and you receive the benefits you deserve.
Note: This content is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice regarding your specific situation.