In North Carolina, Form 18—formally titled "Notice of Accident to Employer and Claim of Employee, Representative, or Dependent"—is used by an injured worker to formally report a work-related injury or illness to both their employer and the North Carolina Industrial Commission (NCIC). This form initiates the process of filing a workers’ compensation claim.

After your employer’s insurance carrier becomes aware of your work-related injury or illness, they’ll quickly assign a claims adjuster to your file, often before you begin receiving any treatment. However, it's crucial to remain vigilant; these adjusters are representatives of the insurance company, not advocates for your best interests. Regrettably, you cannot rely on them to prioritize the well-being of you and your loved ones. More often than not, you'll feel reduced to a mere statistic within their system. Workers' compensation adjusters adhere to their own strategies for probing, defending, negotiating, and resolving claims. It might seem as though you stand alone, with the insurance company poised to exploit any inconsistency. At Henson Fuerst, we stand by our clients. We're here to support you, advocating fiercely to facilitate your journey back to health and financial stability.

As an injured worker in North Carolina, you have several rights protected by state law. Some of these rights include:

• Right to File a Workers' Compensation Claim: If you sustain a work-related injury or illness, you have the right to file a workers' compensation claim to seek benefits for your medical expenses and lost wages.
• Right to Medical Treatment: You have the right to receive reasonable and necessary medical treatment for your work-related injury or illness, including doctor's visits, hospital care, medications, surgeries, and rehabilitation services.
• Right to Choose a Physician: In North Carolina, you have the right to choose your treating physician for your work-related injury or illness. However, your employer may require you to see an approved healthcare provider for an initial evaluation.
• Right to Disability Benefits: If your injury or illness prevents you from working, you have the right to receive disability benefits to compensate for a portion of your lost wages. These benefits may include temporary total disability (TTD) benefits or temporary partial disability (TPD) benefits.
• Right to Vocational Rehabilitation: If you're unable to return to your previous job due to your injury or illness, you have the right to vocational rehabilitation services to help you retrain for a new job or obtain suitable employment.
• Right to Appeal: If your workers' compensation claim is denied or disputed by your employer or the insurance company, you have the right to appeal the decision and request a hearing before the North Carolina Industrial Commission.
• Right to Protection Against Retaliation: It's illegal for your employer to retaliate against you for filing a workers' compensation claim or exercising your rights under the law. This includes termination, demotion, or any other adverse employment action.
• Right to Privacy: Your medical records and personal information related to your workers' compensation claim are protected by privacy laws, and your employer is prohibited from disclosing this information without your consent.
• Right to Legal Representation: You have the right to seek legal representation from a qualified workers' compensation attorney to help you understand your rights, navigate the claims process, and protect your interests.

It's essential to understand your rights as an injured worker in North Carolina and take appropriate steps to assert and protect those rights. If you have questions or concerns about your rights under workers' compensation law, consider consulting with a knowledgeable attorney who can provide guidance and advocacy tailored to your specific situation. Our team is available 24/7 to discuss your case, free of charge. Call us at (919) 781-1107 or submit a free case evaluation form online today.

In North Carolina, while collecting workers' compensation benefits, your employer is typically required to continue providing health insurance coverage if they provided it before your injury. However, there are some situations where you may risk losing your health insurance benefits while receiving workers' compensation benefits:

• Termination of employment. If your employment is terminated while you're receiving workers' compensation benefits, your employer may no longer be obligated to provide health insurance coverage. However, depending on the circumstances of your termination and the reasons for it, they may still be required to provide workers' compensation benefits.
• Failure to pay premiums. If you're responsible for paying premiums for your health insurance coverage, you must ensure that these premiums are paid while you're receiving workers' compensation benefits. Failure to do so could result in the loss of coverage.
• Exhaustion of benefits. Depending on the terms of your health insurance plan, there may be limitations on the duration of coverage while you're on leave due to a work-related injury. If your health insurance benefits have a maximum coverage period, you could lose coverage once this period expires, even if you're still receiving workers' compensation benefits.
• Employer policy changes. Employers may change their health insurance policies or benefits offerings over time, which could potentially impact your coverage while you're on workers' compensation leave. It's essential to stay informed about any changes to your employer's policies regarding health insurance benefits.

It's crucial to review the terms of your health insurance plan, communicate with your employer's human resources department, and consult with a knowledgeable workers' compensation attorney to understand your rights and obligations regarding health insurance coverage while receiving workers' compensation benefits. They can provide guidance tailored to your specific situation and help ensure you receive the benefits you're entitled to.

If you're eligible for workers’ compensation benefits, you may receive up to 66.7 percent of your average weekly wage, capped at $1,380.00 per week as of 2025, 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.

The benefits you're eligible for are determined by the severity of your injuries or the duration of your work absence. Workers’ compensation provides three primary types of benefits: Weekly compensation for missed work time, coverage for related medical expenses, and compensation for permanent injuries.

In North Carolina, the duration for which an individual can receive workers' compensation benefits varies depending on the nature and severity of the injury, as well as other factors. Here are some key points regarding the duration of workers' compensation benefits in North Carolina:

• Temporary Total Disability (TTD) Benefits: If an injured worker is temporarily unable to work due to their injury, they may be eligible to receive TTD benefits. These benefits typically provide compensation for lost wages while the worker is recovering. In North Carolina, TTD benefits can be paid for up to 500 weeks from the date of the injury.
• Temporary Partial Disability (TPD) Benefits: If an injured worker is able to return to work but is earning less than they were before the injury due to work-related restrictions, they may be eligible for TPD benefits. These benefits provide partial compensation for the difference in earnings. Like TTD benefits, TPD benefits in North Carolina can also be paid for up to 500 weeks from the date of injury.
• Permanent Partial Disability (PPD) Benefits: If an injured worker sustains a permanent impairment as a result of their work-related injury, they may be entitled to PPD benefits. The duration and amount of these benefits are determined based on the severity of the impairment and other factors outlined in the North Carolina Workers' Compensation Act.
• Permanent Total Disability (PTD) Benefits: If an injured worker is permanently and totally disabled as a result of their work-related injury, they may be eligible for PTD benefits. These benefits provide ongoing compensation for individuals unable to engage in substantial gainful employment. PTD benefits can continue for the duration of the disability.

It's important to note that these are general guidelines, and the specific circumstances of each case can impact the duration and amount of workers' compensation benefits. Additionally, individuals receiving workers' compensation benefits in North Carolina are typically subject to periodic reviews to assess their eligibility for continued benefits.

In North Carolina, certain categories of workers are typically exempt from workers' compensation coverage. These exemptions may include:

• Independent contractors. Individuals who work as independent contractors rather than employees are typically not covered by workers' compensation insurance.
• Certain agricultural workers. Agricultural workers may be exempt from workers' compensation coverage under certain circumstances, such as if they work for a small farm with fewer than ten full-time employees.
• Casual workers. Some states exempt casual workers, such as occasional or seasonal employees, from workers' compensation coverage.
• Domestic workers. Workers who provide services in a private home, such as housekeepers, babysitters, or gardeners, may not be covered by workers' compensation.
• Sole proprietors, partners, and corporate officers. In many states, sole proprietors, partners in partnerships, and corporate officers may choose to be excluded from workers' compensation coverage, although they can opt to be covered if desired.
• Volunteers. Volunteers who donate their time and services without expectation of compensation are generally not covered by workers' compensation insurance.

It's important to note that these exemptions can vary depending on state laws and regulations. Additionally, some employers may misclassify workers as independent contractors to avoid providing workers' compensation coverage, which can lead to legal issues and penalties. If you have questions about your eligibility for workers' compensation coverage or believe you have been misclassified, contact the workers’ compensation team at Henson Fuerst by calling (919) 781-1107.