If you have been injured at work in Cary keep reading for how The Bishop Law Firm can help you with your workers’ compensation claim. We do not get paid unless you win and we offer free case reviews by phone, (919) 615-3095 or start your free case review now.
Do you have a NC Workers’ Compensation Case?
NC employees who are injured while working can have NC Workers’ Compensation claims. Independent contractors and volunteers are not considered employees. You also have to actually be working while you are injured (not on your way to work or on the way home).
In NC, an employer with three or more employees must carry Workers’ Compensation Insurance. If your employer tells you that you do not have a workers’ comp claim because they do not have workers’ comp insurance, you need to seek legal advice.
NC Workers’ Compensation is no fault, which means, it does not matter who is at fault for the worker’s injury. “Injury by accident” and “occupational disease” are both covered. But, inebriation can stop a injured worker from recovering for their work injury.
If you are injured by a 3rd party while working (for example, in a car accident), you may also have a NC Personal Injury claim against the party that injured you.
If you have suffered serious injury on your job and foresee that you are going to be out of work for a year or more, you should also speak with an disabilityattorney about filing a Social Security Disability claim. The Bishop Law Firm handles Workers’ Compensation, Personal Injury and Social Security Disability cases.
Types of NC Workers’ Comp Benefits
In North Carolina, Workers’ Compensation Law provides compensation for medical expenses and lost wages for non-fatal injuries and death benefits for fatal injuries. Medical compensation includes medical treatment and mileage reimbursement for treatment of your on the job injury.
Lost Wage benefits provide monetary compensation due to your inability to earn wages because of your workers’ compinjury. This benefit provides compensation based on the physical impairment of the injured body part as well.
Temporary total disabilitycompensation – Temporary total disability benefits (TTD) are the benefits owed to a NC workers’ compensation recipient when they are unable to work for a period of time that is more than 7 days. If an employee is awarded temporary total disability benefits, they will get 2/3 of their average weekly wage, not to exceed $1,254 (2023) per week under current law. The injured employee who is awarded TTD will also get their medical bills paid for by their employer’s insurance company. Generally, a worker getting TTD will return back to work at the discretion of their treating physician.
Temporary partial disabilitycompensation – Temporary partial disability benefits are for injured workers who are capable of returning to work, but not for the same wages they were working for pre-workplace injury. In this case, a worker may be entitled to 2/3 the difference between their pre and post-injury wages.
Permanent partial disabilitycompensation – Permanent partial disability benefits (PPD) are assigned to workers who sustain a permanent injury and cannot return to the same work because of the injury. An injured worker who gets PPD is assigned a disability rating by a doctor which is a percentage of injury to that body part. The amount of compensation for the loss of use of a body part is defined by statute.
Permanent total disabilitycompensation – the worker must show that he/she is totally and permanently disabled from any occupation and thus will receive medical benefits and his/her weekly compensation for life.
Steps After Your Work Injury
After you are injured, you should immediately orally report your injury to your employer and again in writing as soon as possible (within 30 days).
Many employers will advise an employee as to where to go for medical treatment after an accident. You should seek medical treatment where your employer tells you to go.
Follow all medical advice and report updates to your employer.
If a doctor has told you to remain out of work, get a work note (keep a copy for your records) and give a copy to your employer.
Document the time that you are missing from work and what your pay would have been on those days
As noted above, your Workers’ Comp claim can be accepted (paid) or denied (not paid), but even accepted claims can have twists that you may need legal assistance with.
In accepted claims, the employer (their insurance carrier) controls where the injured worker goes for medical treatment. It is not hard to imagine that the employer will send the worker to physicians who are favorable to insurance companies. While your own doctor or another specialist may view your need for certain medical care and permanent work injury restrictions in a light that is more favorable to your case. If you need a second opinion, a lawyer can help.
In denied claims, the insurance company is refusing that your work injury is covered. Unless you take action, you will get nothing. A Cary Workers’ CompensationLawyer can file for a hearing with the NCIC and represent you in front of a Deputy Commissioner at hearing. Hearings involve a mediation and depositions, all of which, a NC Workers’ Compensation attorney can prepare you for.
The Bishop Law Firm represents workers’ compensation clients in Cary, NC and surrounding areas. We do not get paid unless you win your case and we offer free case reviews by phone, (919) 615-3095.