Do you need a Workers’ Comp Lawyer in Raleigh, NC? If so, read on for an overview of the North Carolina Workers’ Comp process and how The Bishop Law Firm can help!
We enjoy protecting the rights of injured workers in North Carolina and understand how difficult the NC Worker’s Compensation system can be for those injured on the job. Call us today for a free case review by phone, (919) 615-3095.
Do I qualify for NC Workers Compensation Benefits?
In NC, injured employees 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.
North Carolina’s Workers’ Compensation Act provides coverage for workers who are classified as employees in engaged in employment. There must be an agreement between the employer and employee expressing that an employment relationship does in fact exist between the two parties. The employer must exercise control and direction over the employee’s work and retain that control. The employer-employee relationship can arise in many ways. The relationship can exist through expressed or implied contract, appointment, or apprenticeship for example. Independent contractors are not eligible to receive NC Workers’ Compensation benefits, but the law is clear that simply calling an employee an “independent contractor” does not make them one. The real test is “degree of control exercised by the employer over the details of the work.”
Defining The Employment Relationship
North Carolina Workers’ Compensation laws apply to employers who have three or more employees engaged in employment for their company. The location of the on-the- job accident is key in determining whether the North Carolina Workers’ Compensation Act has jurisdiction over the injured worker’s claim. In order for the North Carolina Workers’ Compensation Act to apply to a qualified injured worker, the on-the-injury must have occurred in North Carolina. There are quite a few conditions that must be met for an employee who is injured outside of the state while still employed to receive workers’ compensation benefits. Speaking with a Raleigh, NC workers compensation lawyer can help you determine your eligibility.
Depending on the circumstances of your worker’s compensation injury, 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’ Comp, Personal Injury and Disability cases for our clients.
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 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 has agreed that you do have a workplace injury that they will pay for, but 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 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. Read Types of Worker’s Comp Disability Compensation.
Our NC Workers’ Compensation lawyer can assist you in dealing with the insurance company regarding your claim. Determining your accident related medical expenses, medical bills, lost wages and average weekly wage are seldom straight forward matters.
Issues can and often do arise regarding appropriate medical treatment. In accepted claims, the employer (their workers’ compensation insurance) controls where you go for medical treatment. There may be times when you will need assistance with obtaining a second medical opinion, locating your weekly check and attaining reimbursement for prescriptions or mileage. There are so many complicated issues that can happen with accepted claims. Our workers’ comp lawyer can help you navigate through the difficult 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 handled by 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.
A Worker’s Compensation Lawyer in Raleigh, NC can assist you with getting your injury claim to the Industrial Commission at the right time. Attaining benefits for your workplace accident can involve filing many forms with the NCIC, mediation, depositions and eventually a hearing before the Industrial Commission . 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’ comp claims in Raleigh, NC 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!