What happens if you don’t receive a workers’ compensation payment in North Carolina depends on why the payment didn’t arrive. Depending on the circumstances, a lawyer can:
- Speak to your employer’s insurance company
- Ensure that you filed your paperwork correctly and on time
- Collect evidence proving you qualify for benefits
- Negotiate with the insurance company
- Possibly take your employer to court
In This Article
Why Workers’ Compensation Payments Go “Missing”
According to the North Carolina Industrial Commission (NCIC), if everything goes smoothly, you should receive workers’ compensation benefits every week until a doctor declares you fit to work. Many reasons could explain why you might not have received a workers’ compensation payment yet:
- Your employer may not carry workers’ compensation insurance: Not all employers are required to do so. For instance, some railroad employees do not qualify for workers’ compensation benefits.
- You may not qualify yet: You only receive compensation for lost wages after missing more than seven days of work. If you miss more than 21 days, you will receive reimbursement for the first seven missed days as well.
- A doctor has not evaluated you: To receive compensation for disability or disfigurement, a medical professional must examine you and determine the severity of the injury.
- Your employer has not reported the injury: If your employer refuses to report your injury to the NCIC, you have two years to do so yourself.
- Someone has denied your eligibility: Either your employer or their insurance company may determine that your injury does not qualify as an on-the-job injury and deny payment. You can appeal that decision to the NCIC, asking that they hear your case.
A workers’ compensation lawyer can manage your claim and ensure that there are no problems on your end. Once you know that the unreceived payment is due to your employer or the insurance company, your attorney can take the next step toward getting the monies you deserve.
For a legal consultation, call 828.286.3866
What to do If Your Workers’ Compensation Check Does Not Arrive
Not receiving a workers’ compensation payment can upset and stress you and your family – especially if you counted on that money to support your family or receive medical treatment. Fortunately, you have many ways to deal with your missing payment and recover it.
If your employer or the insurance company has denied your claim, a workers’ compensation attorney can:
- Arrange to speak with them: Some missed payments result from a simple miscommunication or clerical error. A lawyer can check in with all involved parties to see if this is the case for you.
- Gather evidence: If they denied your claim due to lack of evidence, a law firm can determine what evidence is needed, collect it, and submit it to the appropriate parties.
- Represent your interests: Your attorney can guide you through the entire process of seeking compensation benefits. Their assistance includes representing you in negotiations with the other side.
- Review all paperwork: A workers’ compensation lawyer can ensure that you have filed all forms correctly and on time, and that any offers or other paperwork from the other side are in order.
What You Are Entitled to Receive
As defined by G.S. § 97-2, North Carolina law allows workers employed by covered employers to receive benefits after an injury while doing the job they were hired to do. Therefore, another task a lawyer can handle for you is figuring out how much your claim is worth based on:
- Physical disability: Examples include head injuries, broken bones, or injuries related to being crushed by equipment.
- Occupational illness: It may be harder to prove causation with illnesses versus injuries, but it is still possible to get workers’ compensation benefits for work-related cancer, toxic substance exposure, and more.
- Scarring: If the injury resulted in severe and noticeable scarring, you could recover compensation for the permanent effect that scarring will have on your life.
- Medical expenses: Once you have connected your injury to your employment, you qualify for all medical treatment deemed necessary to reduce your suffering and get you back on your feet.
- Weekly wages: Injured workers can receive up to two-thirds of their usual wage for as long as they cannot work. You can start receiving this benefit after missing seven days of work.
Finally, the law also makes provisions for the surviving relatives of workers who suffered fatal injuries while on the job. A workers’ compensation attorney can help you regardless of whether you were the injured worker or if you seek death benefits on a loved one’s behalf.
Get the Workers’ Compensation Payment You Deserve
If you don’t receive a workers’ compensation payment that you deserve, Farmer & Morris Law, PLLC, wants to help. Our team of workers’ compensation lawyers can determine the reason for the missing payment and determine what should happen next with your claim. Call us today at (828) 286-3866 for a free case review. We serve clients throughout North Carolina, and we want to help you, too.