If you suffered a workplace injury in North Carolina, you may qualify to file a workers’ compensation claim. Workers’ compensation insurance was designed to address work-related injuries. It is a type of no-fault insurance that provides wage reimbursement and medical coverage to workers injured on the job.
Most workers in North Carolina qualify for these benefits. If you sustain injuries related to your job, a Columbus personal injury lawyer from Farmer & Morris Law, PLLC, can assist with your case. We can help you file a claim for any benefits you may be entitled to collect or challenge a denial of your claim.
Who Handles Workers’ Compensation in North Carolina?
The North Carolina Industrial Commission (NCIC) administers workers’ compensation in North Carolina. If you work for a covered employer, many work-related accidents could entitle you to file a workers’ compensation claim, including vehicle collisions, slips and falls, and machine accidents.
According to the NCIC, all employers that have three or more workers are required to provide this type of no-fault insurance for all employees, starting from the first shift they work. This covers most workers in the state. There are some exceptions, such as federal employees and railroad workers, but most are covered by different laws and other programs.
You Must Meet Filing Requirements to Receive Workers’ Compensation
In general, you must satisfy the four criteria below to be eligible for workers’ compensation benefits:
- You must be an eligible employee of a covered business.
- Your employer must have workers’ compensation coverage – North Carolina requires most businesses with at least three workers to carry it.
- Your illness or injury must be work-related.
- You must meet the filing deadlines for reporting your injury and satisfy the evidentiary requirements for proving the cause and extent of your injury.
When the process goes smoothly, workers report their injury or work-related illness to their employer. The employer notifies the insurer, and this begins the claims process. The worker’s medical coverage begins immediately – as long as they see an approved doctor – and they will receive wage loss benefits after missing seven days at work. However, things do not always go this smoothly.
You Must Seek Medical Treatment Before Filing a Workers’ Compensation Claim
To file a workers’ compensation claim in North Carolina, you must first report your injury to your employer and seek medical treatment. You may be required to undergo treatment at a pre-approved panel hospital or with specific doctors. If you receive treatment from your family physician or a non-panel doctor, keep a record of the care provided and any related expenses.
When receiving treatment, you must tell your healthcare provider that your injury or injuries are work-related. Your provider will file your treatment expenses under a workers’ compensation claim with information for you and your employer. The payments for your care should be paid directly by the workers’ compensation insurer.
North Carolina Workers’ Compensation Claim Deadlines
In most cases, you must inform your employer about your work-related accident in writing within 30 days of suffering the injury. Additionally, according to G.S. § 97-58, the statute of limitations for workers’ compensation claims in Columbus and throughout North Carolina is two years from the day of the injury. You must file your claim with the NCIC within that time limit to preserve your right to compensation.
If the insurer denies your claim, you can dispute the denial. If mediation does not lead to an agreement, a hearing will be scheduled with the Deputy Commissioner within one to two months. A Columbus workers’ compensation attorney from Farmer & Morris Law, PLLC, can handle this for you and represent you during the appeals process.
Determining a Work Return Date and Maximum Benefits Available
Once you meet all deadlines and requirements and undergo any necessary treatments, you can discuss possible timelines for returning to work with your doctor. According to the NCIC, as long as your injury prevents you from returning to work, you are entitled to workers’ compensation benefits equal to about two-thirds of your usual wages, up to a maximum set by state law. In 2024, the maximum workers’ compensation benefit for temporary total disability (TTD) in North Carolina is $1,330.00.
The legal team at Farmer & Morris Law, PLLC, can help if you would like assistance with reporting your injuries and gathering related evidence to prove your claim. Our workers’ compensation lawyers in Columbus can also provide more details about the filing process and the limits of your benefits. In addition, we can help clients handle issues related to workers’ compensation claims, such as:
- Employers who want them to return to work too soon
- Employers who will not file their claim with the NCIC
- Incorrectly calculated wage loss benefits
- Concerns over the workers’ compensation doctor and getting a second opinion
- Claims denials
You May File a Workers’ Compensation Claim for Various Job Injuries
The Occupational Safety and Health Administration (OSHA) reported that over 5,000 employees suffered a fatal injury at work in 2019. Additionally, OSHA data shows that the five leading causes of workplace deaths are:
- Transportation incidents
- Slip and fall events
- Exposure to harmful substances
- Contact with objects or equipment
- Workplace violence
However, workers’ compensation covers many forms of work-related accidents and injuries. Here are some common types of workplace accidents and injuries that may entitle you to workers’ compensation benefits:
Abrasions and Lacerations Can Be Common
An abrasion is a superficial cut or scrape, while lacerations are deeper cuts that can lead to significant blood loss. These injuries can happen in many industries, including retail, hospitality, manufacturing, and health services. Rushed work, inadequate worker training, and inadequate or insufficient safety gear can contribute to abrasion and laceration injuries.
Overworking Can Lead to Employee Mistakes
Complaints of overwork and overexertion are common when many businesses are understaffed. Overexertion can cause sprains and strains or torn muscles. In addition, unexpected falls and drowsiness can lead to machine or vehicle accidents.
Repetitive Motions May Cause Chronic Injuries
Chronic use exertion injuries may occur when workers make the same motions regularly while handling work-related tasks. This could include back, knee, or shoulder injuries, carpal tunnel syndrome, and more. If you have pain or other symptoms you believe are work-related, it may be compensable injury.
Hazardous Chemical and Thermal Burns
Hazardous chemicals are used extensively in manufacturing and factory work. Improper storage, handling, or transportation of such chemicals may lead to severe burns.
Thermal burns can occur in similar settings and are common in hospitals and restaurants. Workers can also suffer respiratory tract burns from inhaling chemicals, smoke, or other toxins on the job.
Other Physical Injuries Due to Various Workplace Risks
Other work-related injuries may occur if you slip and fall or get into a car wreck while working. Employees working in inherently dangerous environments, such as on construction sites, might be at an increased risk of breaking or fracturing a bone or suffering other injuries.
Some of the leading causes of fatal and non-fatal workplace accidents that can lead to injuries include:
- Construction site falls
- Machinery accidents
- Falling objects
- Floor hazards
Our Attorneys Can Help You File for Workers’ Compensation in Columbus
If you suffered minor injuries, and your employer approves your claim for benefits without protest, you can receive the support you need and get back to work as soon as your injuries heal and your doctor releases you.
Hiring a workers’ compensation lawyer in Columbus to guide you can be particularly beneficial if:
- You had preexisting conditions affected by your job-related injury
- Your injury was severe
- Your employer contests aspects of your claim
Additionally, you may wish to seek legal counsel if you were discriminated against, intimidated, or threatened while filing a claim. In some cases, you may be able to file a third-party personal injury lawsuit against someone besides your employer or a coworker if they caused your injuries.
Contact Us Today for Help with Your Workers’ Compensation Claim
A Columbus workers’ compensation lawyer at Farmer & Morris Law, PLLC, can review your case today for free. We represent injured workers on a contingency fee basis, meaning you will not have to pay anything upfront for legal representation.
Do not hesitate to reach out to us for legal advice. Call us now to speak with a team member for more information on our services.