Workers Compensation
The North Carolina worker's compensation laws are designed to protect both the employee and the employer in the vent of an on the job injury or fatality. These on the job injuries include injuries due to a specific traumatic event, those that occur over time due to a repetitive motion stress and work related diseases and illnesses caused by exposure to hazardous chemicals or fumes, including breathing problems, hypertension and heart disease.
It is the exclusive remedy of the employee for the on-the-job injury except in rare cases of bad faith, or intentional or criminal harm to the employee. Worker's compensation covers workers regardless of fault if the harm arises out of and in the scope and course of employment. In North Carolina, employers that regularly employ three or more personnel must carry worker's compensation insurance, qualify with the state to self-insure or contribute to a state run worker's compensation award fund. Worker's compensation laws provide coverage for medical treatment, temporary disability, permanent disability and death benefits. Your eligibility and compensation can lead to complex disputes and litigation. In those cases you will need an experienced worker's compensation attorney to advocate for you and ensure you are treated fairly and paid fairly.
- A traumatic event that occurred during the course and scope of your employment that led to an injury.
- Repetitive motion injuries
- Occupational diseases
- Construction accidents
- Work related automobile accidents
- Injuries caused by a third party while you are working
Protect yourself if you are injured or suffer from a work related illness:
- Report your work related illness or injury to your employer immediately.
- Fill out a Form 18 "Notice of Accident to Employer." Click here for a Form 18.
- Request that your employer fill out the "employer" section of the Form 18 and give you a copy of the completed form.
- Advise your supervisor immediately if you need medical care.
- Accurately describe in detail to the treating doctor how your work-related injury or illness occurred. Tell your doctor about all the parts of your body which have been affected.
- Attend all medical appointments. Keep copies of all medical slips and notes -- such as notes excusing you from work -- given to you by a treating doctor. Consider this your temporary new job!
- Keep copies of all documents received from your employer or the insurance carrier regarding your work related illness or injury. Keep accurate records of the following:
- Days off work
- Dates of all medical treatment
- All round trip mileage incurred for your medical treatment
- Receipts for all out-of-pocket medical and prescription costs.
- Write down all facts about any injury or illness you suffer at work. You may have a civil lawsuit in addition to your Worker's Compensation claim and this information may be helpful to a lawyer evaluating your potential lawsuit.
- Review the facts of any work-related injury or illness as soon as possible with an attorney handling on the job injury cases. New laws have shortened many deadlines, and early missteps can seriously affect your rights and the results of your claim.
- Do not abuse the Worker's Compensation system. Injuries or illness that are not work related should not be reported. All statements and facts you provide must be accurate and true. Filing a false or fraudulent Worker's Compensation claim is a felony.
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