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Workers’ compensation is a type of insurance that protects employees from financial loss related to medical costs or lost time at work when they are injured on the job. Workers’ compensation is a type of no-fault system, which means that your employer must pay for specific losses, but you are not able to file a civil lawsuit against the employer except in very specific circumstances.
As always, speak with a Rutherfordton workers’ compensation lawyer about your case so you have a clear understanding of your rights when injured on the job in North Carolina.
What Is Workers’ Compensation No-Fault Coverage?
Workers’ compensation is a type of no-fault insurance. That means that, as an employee, you do not have to prove that the employer was negligent to seek compensation for your losses. For example, you do not have to prove the employer knew there was a risk and failed to act on it. You can simply file a claim for your losses.
However, workers’ compensation does not pay you any type of non-economic losses. It does not pay for pain and suffering, for example. You cannot file a lawsuit against your employer in most situations.
The good news is that you do not need to prove that your employer was negligent. That means there is less back-and-forth haggling about claims. It also means that, as long as your injury happened during the course and within the scope of your employment, you do not have to demonstrate that the employer did or did not do anything to prevent the injury.
When Does Workers’ Compensation Coverage Apply?
As you consider what workers’ compensation is, we also have to consider when it may apply and when it does not. Most of the time, if you suffer an injury or develop an illness at work due to your employer, the policy applies. It applies only to employers with three or more employees in North Carolina, though other states may have slightly different rules.
Workers’ compensation does not apply in some situations. If you are working as an independent contractor, rather than an employee, you cannot file a claim under workers’ compensation. It only applies to employees. It also does not always apply to small businesses that have fewer than a certain number of employees.
Workers’ Compensation Rules in North Carolina
The North Carolina Department of Insurance oversees the state’s workers’ compensation program. Under the state’s laws, all employers with three or more employees must purchase and maintain a workers’ compensation policy. If they do not do so, they must qualify to be self-insured. This applies to all types of businesses.
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What Is Workers’ Compensation Going to Cover?
Workers’ compensation provides financial support for victims of work-related accidents or illnesses. Employees have the right to expect that their work environment will be safe and free from hazards.
Workers’ compensation provides financial support when that does not happen. What are workers’ compensation benefits? There are four types of benefits that may be applicable to your losses.
- Medical expense coverage
- Indemnity benefits, commonly known as disability or lost wages
- Vocational rehabilitation benefits
- Death benefits
In each situation, you must file a claim with the workers’ compensation company, document your losses, show the injuries occurred while performing work-related duties. Your workers’ compensation attorney can help you to build a claim.
What Are Workers’ Compensation Medical Benefits?
Medical benefits help a worker injured on the job pay for current or future medical costs and healthcare expenses related to their work-related injuries or illnesses.
The employer has the right to direct the injured worker’s medical treatment, including the choice of doctor or hospital, though the worker may petition for changes. Your workers’ compensation benefits should cover all costs associated with obtaining care.
What Are Workers’ Compensation Indemnity Benefits?
Indemnity benefits are funds paid to you for time missed at work, when you cannot go to work temporarily or permanently due to your work-related injury. You do not receive compensation for the first seven days of missed work.
However, if you miss 21 or more days of work, you will receive payment for the initial seven days, as well as any other ongoing compensation.
You may receive this in one of four ways:
- Temporary partial disability: These benefits pay you at a rate of ⅔ of the difference between your pre-injury average weekly wage and your post-injury average wage.
- Temporary total disability: If you cannot work at all for a period of time, you will receive two-thirds of your average weekly wage up to the stated maximum compensation rate. Note that this rate changes each year.
- Permanent partial disability: This type of compensation applies when you have injuries that limit your ability to work that are not likely to improve. Once you reach maximum medical improvement, you will either receive a scheduled loss award based on multiplying two-thirds of the worker’s average weekly wage by the number of weeks specified or an unscheduled loss award, calculated like other disability benefits.
- Permanent total disability: In these situations, you cannot go back to work at all, and that is not likely to improve. The compensation value you receive is dependent on the type of injury and the debilitating conditions you have.
In each of these situations, workers’ compensation aims to help you pay for your medical bills and lost wages while you heal. However, there are some situations in which other parties may be at fault for your case, which could mean seeking fair compensation for injuries and seeking pain and suffering claims.
Let your Rutherfordton personal injury lawyer navigate these options for you.
Schedule a Free Consultation with a Workers’ Compensation Attorney Now
Set up a free consultation to work with our workers’ compensation lawyer in Rutherfordton to learn more about your rights to pursue compensation.
At Farmer & Morris Law, PLLC, we are here to help you. Let us answer your questions about what workers’ compensation is and how it works. Then let us pursue compensation for you in these situations to ensure you receive fair treatment.
