North Carolina Workers Compensation

Workers have the right to expect a safe place to work, one that is free from the risk of injury or illness. Accidents frequently occur on job sites, in offices, factories, and other locations, resulting in financial losses and, in some cases, devastating long-term consequences. Knowing your rights under North Carolina workers’ compensation laws is critical.

At Ricci Law Firm Injury Lawyers, our North Carolina workers compensation lawyers respect your right to protection at work. If you were hurt while working and are not facing denials of benefits or limitations on your claims, let our legal team review your case. As a trusted, local workers’ compensation lawyer in North Carolina, you can depend on us to fight for your rights.

North Carolina Workers’ Compensation Laws

The North Carolina Industrial Commission is tasked with administering the North Carolina Workers’ Compensation Act, a law that requires most employers to maintain insurance protection for workers. Workers’ compensation and employers’ liability are types of no-fault coverage. That means that employees give up some rights in exchange for not having to prove an employer is at fault when they are hurt on the job:

You cannot sue your employer for pain and suffering and other forms of non-economic losses.
You have the right to receive compensation for all of your medical expenses if you are hurt on the job and while performing work-related tasks.
You have the right to pursue compensation for the lost wages you incur if you miss more than 7 days of work due to your injuries.

You do not legally have to have a workers’ compensation attorney in North Carolina. However, for injuries involving significant loss as well as those in which you receive a denial of benefits, hiring a law firm with experience in this area could prove critical to recovering fair compensation.

When Can You File a Claim for Workers’ Compensation in North Carolina?

The law requires employers to maintain workers’ compensation if they have three or more employees. If your company is very small and does not have three employees, they do not legally have to carry coverage. Some may still do so. If not, the employer could still be responsible for your injuries.

If your employer is required to maintain coverage, and you suffer an occupational illness or injury, you can file a claim for compensation for your losses. It is critical to know that the law also requires injured workers to report the incident immediately to their supervisor or the business owner.

If you are not facing a life-threatening condition, report your injuries immediately to the employer. Ask the employer where to go for approved workers’ compensation medical care.
If you are facing a life-threatening or complex injury, call 911 or get medical care. You have 30 days from the date of the injury to inform the employer of the incident, typically in writing or orally. Failure to do so within that time frame could make filing a claim impossible.

When North Carolina Workers’ Compensation Claims Involve a Third Party

In some situations, an employer is not responsible for what happened to you. Another party is. In those situations, you may be able to pursue compensation for more than just your medical bills and lost wages. If you believe someone else caused your injuries, we strongly encourage you to seek the help of a workers’ compensation attorney in North Carolina from our firm first, before filing any claim or making any statement.

In these situations, you must prove negligence. That means you must demonstrate that the other party owed you a duty of care, they violated that duty of care, and that directly caused an accident resulting in physical and financial injuries to you. Some examples of when third-party claims may apply include:

Construction site accidents due to the negligence of a subcontractor or the property owner for failure to disclose risks
Vehicle accidents when the other driver is at fault, and you are driving for work-related tasks
Defective equipment and machinery caused your injuries, due to a malfunction, design flaw, or failure to warn
Slips and falls or falls from heights due to the negligence of the property owner or equipment owner
Exposure to hazardous materials due to a lack of warning

Many other examples exist. If you believe someone else caused your injury, avoid making this statement to your employer, as it may give the employer the ability to refute your claims later. Instead, turn to our workers’ compensation lawyers in North Carolina for a free consultation to discuss the details of your case.

Death Benefits under North Carolina Workers’ Compensation

Ricci Law Firm Injury Lawyers helps families of fatal accidents seek legal action against negligent employers. It is crucial that you hire a workers’ compensation attorney in North Carolina with experience in death benefits if this is the challenge your family is currently facing. There is no way to make this “right,” but we can help you pursue legal action to the fullest level allowable under the law.

Death benefits are paid when an accident or illness occurs on the job, resulting in the immediate or eventual death of the employee. In these situations, families may receive benefits that include:

Wage replacement benefits for the wages the employee would have earned over their expected working career
Funeral and burial expenses
Final medical costs and related expenses for emergency and end-of-life care

In most situations, wage benefits in death benefits cases are paid out for a maximum of 500 weeks. This typically is at a rate of 2/3 of what the decedent’s average weekly wages were. The benefits are paid to:

People who are wholly dependent on the decedent, which includes the surviving spouse, a financially dependent partner, a same-sex partner, or minor children
The partial dependents of the decedent
The next of kin if no other parties are listed

Do not seek compensation for workers’ compensation death benefits without the guidance of a local attorney. Let us ensure you are receiving the full level of compensation allowed under the law.

What Benefits Does the North Carolina Workers’ Compensation Law Include

When you are hurt on the job, seek medical attention, notify your employer of the incident, and then consider hiring our legal team, especially if you are facing a serious injury with long-term implications. The law is very clear on what your workers’ compensation benefits should be, but the burden of proof is on your shoulders. Let our workers’ compensation lawyer in North Carolina help you maximize these benefits. Here is a breakdown of some of the benefits you may be owed.

Medical Expenses

Always get medical care if you are hurt on the job. In most situations, your employer is responsible for paying 100% of all medical expenses victims have after an on-the-job accident happens. Medical expenses may include, but are not limited to:

Emergency services provided
Treatment for injuries
Medical costs for hospitalization and surgeries
Treatment at home or in specialized care centers
Medical equipment needed
Medications for the injury or illness
Expected future medical costs
Cosmetic surgery in some situations
Rehabilitation

Medical expenses are typically fully covered as long as you can show that they are necessary and required by a licensed medical provider. Keep in mind that some holistic care could also be included, such as chiropractic care.

Always follow your doctor’s orders. Get all of the testing and lab work required, show up to all of your appointments, and be sure you do not go back to work until the medical provider deems it is safe for you to do so.

Disability Benefits in North Carolina Workers’ Compensation

Another type of loss you may recover under North Carolina workers’ compensation laws is disability benefits, also known as wage replacement. Keep in mind that there are limitations to what you can receive.

Most of the time, you will not receive any payment for the first 7 days that you miss work. If you go back to work on the 8th day, you do not recover damages. If you are out for more than 21 days, however, you can recover damages for the first 7 days.

In most situations, if you miss more than 7 days of work, you receive wage replacement at a rate of 2/3 of your average weekly salary. You do not receive all of your expected wages. If you qualify, most people receive a payment each week for 2/3 of their expected earnings. This continues until your doctor says you can go back to work or until you reach the maximum allowable weeks based on the type of injury you have.

Vocational Training

Some individuals are unable to return to their previous work due to lingering injuries and losses. If that is occurring in your situation, workers’ compensation may pay for you to receive vocational or other job-specific training. That allows you to get back to work eventually.

Full Disability

There are times when a person is unable to work at all. This is called permanent partial or permanent total disability. In incidents where you have permanent partial disability, you can work, but you cannot work to the same degree that you would have without the incident. Yet, your doctor does not believe you will see any further improvements. In cases where you are facing permanent total disability, you cannot work at all.

In these situations, your claim will be classified based on the type of injury you have. You will receive benefits for 2/3 of your salary for the maximum allowable weeks based on your injury type. By working with our workers’ compensation lawyers in North Carolina, you can be sure you receive fair compensation in these situations.

North Carolina Workers’ Compensation Denials

A critical time to hire a workers’ compensation attorney in North Carolina occurs when you are faced with a denial for coverage. For some reason, workers’ compensation has said you do not qualify for coverage of your medical bills, time off work, or both. Denials can be frightening because you may be unsure how you are going to recover financially.

With the help of our North Carolina workers’ compensation lawyers, you will first learn why your claim was denied. This is provided to you in writing, unless otherwise specified. Examples of common denial reasons include:

The employee was under the influence of drugs or alcohol at the time of the accident
You did not notify your employer of the incident within 30 days of it happening
The insurer believes that your injuries do not limit your ability to work
You completed your claim, but had errors in your paperwork
The employee was engaging in some type of act that was a violation of the company’s code of conduct
The insurance company believes you have pre-existing conditions causing your injuries
You do not have enough medical documentation

Each of these denials may mean that you need to appeal the decision. With the guidance of a North Carolina workers’ compensation attorney, you will gain the resources necessary to overturn a denial. Our legal team will investigate the denial, gather evidence to support your claims, and then submit an appeal request. The North Carolina Industrial Commission conducts a formal appeal process, but if you believe your case was denied without due process, you can take your appeal all the way to the North Carolina Supreme Court for a decision.

Why Hire Our North Carolina Workers Compensation Law Firm

Ricci Law Firm Injury Lawyers has a long history of fighting for employees who are hurt on the job through no fault of their own. When you are facing injuries or illness because your employer exposed you to risks, we want to hear about it. Our workers’ compensation lawyer in North Carolina will provide you with a free consultation to discuss your rights and potential claim value.

If we do not win your case, you owe us nothing. Set up a free consultation with a workers’ compensation attorney in North Carolina at our firm now.