North Carolina workers’ compensation laws protect employees that are injured on the job in Charlotte, NC by providing financial compensation and medical treatment without taking them to court. It is a very important legal protection for employees that experience injury while on the job.
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Worker’s Comp Claims
Injuries qualify for compensation in North Carolina if they were caused by:
An accident that resulted in injury while you were working or because of the work you do.
If your injury happens during the normal functions of your job, it usually won’t qualify as an accident. Accidents are defined as an injury that happens unexpectedly. Things outside your normal work routine, such as an equipment failure or a fall resulting in an injury.
Workers comp law covers injuries but not routine work injuries.
A pulled or strained muscle that is the result of heavy lifting or a normal routine does not qualify as an accident. As long as you were doing your job as you normally do, it is not considered an accident.
What should I do if I’m injured at work?
Immediately report the injury to your employer. Submit it in writing and tell any managers that you report to. You typically have 30 days from the date of the accident to file an accident report.
How to File a Workers Compensation Claim
Seeking medical treatment for any injuries should always be the first step in any workers compensation claim. Your personal injury lawyer will use your medical records to assess the legal basis of your claim. If you go for medical treatment on your own, be sure to tell them you were hurt at work and give them the name of your company. The hospital or clinic will then be able to bill your employer for any medical care.
After you seek treatment and notify your employer of your injury, you should file a worker’s compensation claim. If you don’t have a personal injury or workers compensation lawyer, call us right away to discuss your case details.
Filing a worker’s compensation claim is done through your employer. See your human resources representative for the proper paperwork. Your employer will also file their own paperwork and submit your forms and their own with the North Carolina Industrial Commission.
If you suspect your employer filed the forms incorrectly, you may be able to file your forms directly. You can submit these forms up to two years from the date of your injury.
If you have any questions about the workers compensation process, call us today for a free consultation.
Who Pays For My Medical Treatment?
Employers in North Carolina are required to hold worker’s compensation insurance in the case of employee injuries. This insurance is in place to pay for treatment in the case of workplace accidents. Worker’s compensation insurance has no deductible or copay. You do not have to miss any work in order to qualify for benefits.
Be warned, your employer’s insurance company will fight you to try to dictate the level of medical care you receive. That’s why it is so important to be represented by the best workers compensation lawyer in Charlotte. We know how to fight these insurance companies that only care about their bottom line. We work for you and will fight to get you the compensation and medical treatment you need.
Injured employees in North Carolina have the option to request a hearing before the NC industrial Commission to negotiate medical care problems.
When can I be compensated for lost wages?
Compensation for lost wages will not be considered until after you have been out of work for at least 7 days. If you are out of work for 21 days or more, these first 7 days may be repaid.
How often are lost wages paid?
Lost wages will be paid weekly, and in certain circumstances monthly payments will be authorized.
How much will I get?
Lost wages are paid out at a rate of 2/3 your average weekly pay, but will not exceed $978 each week.
How long can I get lost wages?
You are entitled to lost wages until you have been cleared medically to return to work.