Workers Compensation Lawyer North Carolina | NC Workers Compensation Attorney

To be eligible for workers’ compensation benefits, four criteria must typically be met:

1. You must be classified as an employee. You must be classified as an employee to qualify for workers' compensation benefits. It's important to note that independent contractors and volunteers usually do not qualify.
2. You must sustain a work-related injury or illness. In most instances, it is deemed work-related if you are engaged in a task benefiting your employer. Therefore, if these criteria are met and you sustain an injury, it is classified as work-related.
3. Your work-related injury must result from an accident or occupational disease. Not every on-the-job injury or illness entitles you to benefits. Generally, the injury or illness must result from an accident or exposure. However, there are numerous exceptions to this.
4. You must adhere to North Carolina’s deadlines for reporting the injury and filing a workers’ compensation claim. You must provide written notice to your employer within 30 days or as soon as possible following your injury. The statement must include the accident date and a brief injury description, and you must retain a copy for your records. A Form 18 Notice of Accident must be filed with the NC Industrial Commission within two years of the accident date. The legal team at Henson Fuerst can assist with this process.

Workers’ compensation provides three primary types of benefits, including:

• Weekly compensation for missed work time
• Coverage for related medical expenses
• Compensation for permanent injuries

The benefits you're eligible for are determined by the severity of your injuries or the duration of your work absence.

While you're medically advised not to work, you're entitled to Total Temporary Disability (TTD) benefits. These are weekly payments amounting to two-thirds of your gross weekly pay at the time of injury. Additionally, you're entitled to compensation for related medical expenses. Depending on your treatment outcome, your doctor may assign a disability rating, potentially entitling you to compensation for a permanent injury.

The severity of your injury determines this. If your injury is minor and a full recovery is expected, legal representation may not be necessary. However, if your injury is severe and requires surgery that jeopardizes your ability to return to your prior employment, consulting an attorney is advisable.

Your sick leave covers the initial seven days of work absence due to injury. If your doctor has not cleared you to return to work after this period, Total Temporary Disability (TTD) payments should commence. If your absence exceeds 21 days, the insurance company may retroactively compensate you for the first seven days. However, in most cases, there's no provision for reclaiming vacation or sick leave.

If you're eligible for workers’ compensation benefits, you may receive up to 66.7 percent of your average weekly wage, capped at $1,254 per week as of 2023, adjusted annually for the cost of living. For current details, refer to the North Carolina Industrial Commission's website.

Under state law, a North Carolina worker is entitled to two-thirds of their average weekly salary each week. The calculation of average weekly pay varies based on the insurance company's methods. Per the law, the insurer must review earnings from the year before the injury date, deducting taxes. Average weekly pay is then computed by dividing this figure by 52 weeks. If a worker has worked less than 52 weeks, the earnings are divided by the number of weeks worked.

Yes. Both you and your employer are required to file reports whenever an accident occurs. You must submit a Form 18.

If you lack transportation, the insurance company typically arranges it. However, insurance-provided transportation may be unreliable. If you opt for personal transportation or a driver, you're entitled to mileage reimbursement.

Employees should file their claims within 30 days of the accident. Claims for injury by accident must be filed within two years after the injury date, unless the employer pays salary replacement compensation. If the employer covers medical expenses, claims must be filed within two years of the last payment.

Generally, no. Your doctor will issue written excuses for your absence in blocks of time, which your employer likely possesses. However, if company policy necessitates or encourages daily sick call-ins, limit the conversation. Many individuals inadvertently disclose too much about their injuries to their employer, leading to repercussions.

Seek legal counsel. Workers’ compensation law is complex, and a lawyer can help you understand your rights and guide you throughout the whole process.

Consult an attorney. The insurance company may assign a vocational rehabilitation counselor or offer settlement options. There are regulations governing counselor interactions, and it's vital to protect your rights during these discussions.

Yes. Seek medical treatment using all available means. From a health perspective, prompt treatment minimizes injury duration. From a claims standpoint, documentation of early treatment is crucial. Many claims fail due to inadequate documentation.

The North Carolina Division of Vocational Rehabilitation Services employs these counselors to aid individuals with disabilities or injuries in achieving greater independence. They assist by:

• Assessing client capabilities and limitations
• Collaborating on employment and independent living goals
• Facilitating training and therapy
• Supporting job training and placement

Yes. Search for new employment and maintain a log of your efforts. Documenting your job search aids in proving work incapacity, ensuring continued TTD benefits. Such documentation is vital for hearings or settlement discussions.

A permanent restriction is a physician's directive prohibiting the performance of pre-injury job duties. If your employer cannot accommodate these restrictions, you may receive TTD benefits while seeking alternative employment.

If you have a workers’ compensation claim, your employer's insurance provider may assign a nurse case manager. This individual reports your care status to the insurance company.

Yes. Nurse case managers have the right to attend appointments. However, they may not be present during examinations. If you opt for a private exam, they must respect your privacy. After the exam, they may speak with your doctor, but you should ideally be present.

There's typically a seven-day waiting period before compensation is released after filing for benefits. However, if your injury results in over 21 days of work incapacity, you may receive compensation during the first seven days. People who need to wait seven days are allowed to use their earned sick days or vacation leave during this period.

Employers are generally required to pay for their workers' compensation insurance as outlined in the North Carolina Workers' Compensation Act. They usually purchase coverage through private insurance companies that pay out in the event an employee becomes injured. If they can't get coverage through private insurers, they may be eligible for coverage through NC’s assigned risk pool, which is administered through the North Carolina Rate Bureau. Some employers choose to self-insure by paying for their employees' claims out-of-pocket.

You cannot be fired simply because you filed a workers’ compensation claim. However, you can be fired while you have an open workers’ compensation claim. In this case, your employer must provide a valid reason for terminating your employment that's unrelated to your claim.

Workers’ compensation benefits are typically not subject to tax. However, if the individual also receives disability benefits through Social Security disability insurance (SSDI) or Supplemental Security Income (SSI), there may be an exception.

If an individual’s workers’ compensation benefits and disability payments are above a specific threshold, the Social Security Administration (SSA) may reduce these benefits so that the combined total remains below the threshold.

Only the amount that the SSA reduces an individual’s monthly benefits by is taxable. For instance, if the SSA lowers an individual’s monthly SSDI payment by $300 (to keep their total below the threshold), then $300 of their workers’ compensation benefits will be taxable.

If your claim is compensable, you may be eligible to receive temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, payment for scarring or damage to an organ, or permanent total disability benefits.

Workers’ compensation covers almost any physical injury sustained at work, as well as a variety of job-related illnesses. The most frequently reported injuries in workers' compensation claims are:

• Back injuries
• Head and neck injuries
• Broken bones
• Cuts, lacerations, and puncture wounds
• Strains and sprains from overexertion
• Crushed limbs
• Blindness
• Deafness
• Burns
• Soft tissue injuries
• Respiratory problems
• Repetitive motion injuries
• Toxic exposure
• Amputations
• Concussions
• Knee injuries
• Nerve damage
• Traumatic brain injuries

A pre-existing ailment or condition will not qualify unless the employment requirements substantially worsened it.