Do you need a Greensboro Workers' Compensation Lawyer? If so, read on for an overview of the North Carolina Workers' Comp process and how The Bishop Law Firm can help!
The Bishop Law Firm operates on a contingency fee basis, which means that if our clients do not recover compensation, neither do we. There are no up-front costs.
Call us today for a free case review by phone at (919) 615-3095 or start your free case review online now.
Do I qualify for North Carolina Workers' Compensation Benefits?
Under the North Carolina Workers Compensation Law, injured workers can receive medical compensation and wage loss benefits for non-fatal injuries and death benefits for fatal injuries.
“Injury by accident” and “Occupational Disease” are both covered. As examples, Silicosis is an “occupational disease,” while a fall at work in which you break your leg could be considered an “injury by accident.”
Before knowing if you qualify for workers' comp and next steps, you must consider:
- Is your employer required to carry workers' comp insurance?
- Are you an "employee"?
- Did you sustain an injury by accident or occupational disease while working?
- Have you given your employer notice of your accident?
- What happens when workers' comp insurance accepts or denies a claim?
Also watch: Who is eligible for NC Workers' Compensation benefits?
Which employers must carry workers' compensation insurance in North Carolina?
The North Carolina Workers’ Compensation Act requires that all businesses that employ three or more employees obtain workers’ compensation insurance or qualify as self-insured employers for purposes of paying workers’ compensation benefits to their employees (via the North Carolina Industrial Commission).
Businesses operating as corporations, sole proprietorships, limited liability companies, and partnerships are included.
The Employment Relationship
First, you must be an employee who has sustained work-related injuries.
Independent contractors are not covered; however, being classified by your employer as an “independent contractor” does not necessarily mean that you are one.
Control is the ultimate test in determining whether you are an employee.
For the North Carolina Workers’ Compensation Act to apply to a qualified injured worker, the on-the-job injury must have occurred in North Carolina.
Several conditions must be met for an employee who is injured outside the state while still employed to receive workers' compensation benefits.
Speaking with a Greensboro, NC Workers Compensation Lawyer can help you determine your eligibility.
Depending on the circumstances of your Greensboro workers' compensation case, you may also have a NC Personal Injury claim.
If you have sustained a work injury that is going to result in you being out of work for a year or more, you may also have a Social Security Disability claim.
Our firm handles Workers' Compensation, Personal Injury, and Disability cases for our clients.
Notice is Required in NC Workers' Compensation Claims
The North Carolina Industrial Commission (NCIC) governs work injury claims in NC.
After being hurt on the job, giving your employer notice about your workplace injury AND filing a claim (Form 18) with the NCIC, generally two things can happen: 1) Your workers’ compensation claim is either accepted by your employer’s workers' compensation insurance company, or 2) your claim is denied.
Accepted NC Workers’ Compensation Claims
If your WC claim is accepted, the insurance company agrees that you have a workplace injury for which they will provide compensation.
However, what is covered, and who do you turn to if the insurance company won’t pay for something?
Medical compensation includes medical treatment and mileage reimbursement for the treatment of your on-the-job injury.
Lost Wage benefits provide monetary compensation due to your inability to earn wages because of your on-the-job injury.
This benefit provides compensation based on the physical impairment of the injured body part as well.
Types of Workers' Compensation
- Temporary Total Disability Compensation – 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 exceeds 7 days. If an employee is awarded temporary total disability benefits, they will receive 2/3 of their average weekly wage, not to exceed $1,380 per week (as of 2025) 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 to work at the discretion of the authorized treating physician.
- Temporary partial disability compensation (TPD) – 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 two-thirds of the difference between their pre-injury and post-injury wages.
- Permanent partial disability compensation – 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 disability compensation (PTD) – the worker must show that they are totally and permanently disabled from any occupation and thus will receive medical benefits and their weekly compensation for life.
In addition, your family may be eligible for death benefits, as well as funeral and burial expenses (See 97-38).
Our NC Workers Compensation lawyer can assist you in dealing with the insurance company regarding your claim to ensure you receive maximum compensation.
Determining your accident-related medical expenses, medical bills, lost wages, and average weekly wage is seldom a straightforward matter.
Issues can and often do arise regarding appropriate medical treatment for workplace injuries.
In accepted claims, the employer (their workers’ compensation insurance) controls where you go for medical treatment.
There may be times when you need assistance with obtaining a second medical opinion, locating your weekly check, or attaining reimbursement for prescriptions or mileage.
Numerous complex issues can arise with accepted claims.
A Greensboro Workers' Compensation Lawyer can help you navigate through the complex issues and assist you in getting everything you are entitled to receive under the law.
Denied NC Workers Compensation Claims
If your WC claim is denied, the insurance company is denying that you have a valid workers’ compensation claim for your injury.
A denied claim must be brought for a hearing (Form 33) before the North Carolina Industrial Commission.
In denied claims, the injured worker can obtain medical treatment without restriction, but if the worker’s comp claim is not eventually accepted, they will not be reimbursed.
Greensboro Workers' Compensation Attorney
A Greensboro Workers' Comp Attorney can assist you with getting your injury claim to the Industrial Commission at the right time.
Obtaining benefits for a workplace accident can involve filing numerous forms with the NCIC, participating in mediation, taking depositions, and ultimately attending a hearing before the Industrial Commission.
Requesting a second medical opinion for your work-related injury can help an injured worker receive maximum benefits.
We can help ensure that all necessary documents are in your file, prepare you for your hearing, and negotiate your workers’ compensation settlement.
The Bishop Law Firm represents injured workers with workers' compensation claims in Greensboro, North Carolina, and surrounding areas.
We do not get paid unless we win your case. Give us a call today for a free case evaluation, (919) 615-3095 or start online now.
Also read NC Workers Compensation Lawyer
