February 18, 2025 12:58 pm
Getting hurt at work can be stressful and confusing. You might worry about medical bills, lost wages, and job security.
That’s where workers’ compensation comes in. In North Carolina, this system protects both employees and employers when workplace injuries happen.
If you’re injured on the job in North Carolina, you have the right to workers’ compensation benefits.
These can include payment for medical care and a portion of your lost wages. Almost every employer with three or more workers must have this insurance.
Knowing your rights is key to getting the help you need. You can file a claim, see approved doctors, and get help returning to work.
It’s important to act quickly and follow the right steps. This guide will explain what you need to know about workers’ compensation in North Carolina.
Workers’ compensation in North Carolina provides important protections for employees who get hurt on the job. It covers medical costs and lost wages for work-related injuries and illnesses.
Workers’ compensation is a system that benefits employees who suffer job-related injuries or illnesses. It aims to help you recover and return to work. The program covers your medical expenses and pays part of your lost wages.
You don’t need to prove your employer was at fault. In exchange, you can’t sue your employer for the injury. This system protects both workers and businesses.
North Carolina law requires most employers with three or more employees to have workers’ comp insurance. This ensures funds are available to pay claims.
The North Carolina Workers’ Compensation Act is the main law governing workers’ comp in the state. It’s found in Chapter 97 of the North Carolina General Statutes.
This law sets out:
The North Carolina Industrial Commission (NCIC) oversees the workers’ compensation system. It handles claims and ensures that the law is followed.
You have rights under this law, and it’s important to know them to protect yourself if you’re hurt at work.
North Carolina workers’ comp covers most employees. But some groups are exempt. You need to know if you qualify for benefits if you get hurt at work.
Employers with three or more employees in North Carolina must have workers’ comp insurance. This covers full-time and part-time workers. You’re likely covered if you work for a company, even a small one.
Some jobs always need coverage, like those handling radiation. Farm workers and domestic workers have special rules.
If you’re an independent contractor, you may not be covered. But sometimes, employers wrongly label workers as contractors. Check your status carefully.
Some groups have unique situations:
Occupational illnesses and job-related injuries are covered. This includes:
You don’t need to prove fault to get benefits. But you must show the injury or illness is work-related.
Workers’ compensation in North Carolina provides several important benefits to help you if you’re injured on the job. These benefits aim to cover your medical care and lost wages while you recover.
Workers’ compensation covers medical care related to your work injury. This includes:
You don’t have to pay out of pocket for approved treatments. Your employer’s insurance pays medical providers directly.
There’s no time limit on medical benefits. You can receive care as long as it’s needed for your work-related condition.
You may choose your own doctor after the first visit. However, you need approval to change providers during treatment.
You may get wage replacement benefits if you miss work due to your injury. These include:
Benefits start after a 7-day waiting period. If you’re out for 23 days, you get paid for the first 7 days, too.
TTD and TPD can last up to 500 weeks. PPD duration depends on the body part affected. Many times the insurance carrier will agree to pay the PPD compensation in one lump sum, but they cannot be forced to do so.
Your average weekly wage is based on earnings in the 52 weeks before your injury.
If a work injury causes death, the worker’s family may receive:
Eligible dependents include spouses, minor children, and other relatives wholly dependent on the worker’s income.
Benefits are paid in a specific order outlined by law. A spouse with no children receives all benefits.
With children, benefits are split between the spouse and kids. Parents or siblings may be eligible if there’s no spouse or children.
Workers’ comp benefits are calculated based on your wages:
Your average weekly wage includes overtime and bonuses. It’s based on earnings in the 52 weeks before injury.
For newer employees, wages may be averaged from available weeks worked or based on a similar worker’s pay.
PPD payments use a rating system. Each body part has a value in weeks. Your rating determines the number of weeks paid.
Are you unsure—reach what to do after a workplace injury? Morrison Law Firm, P.L.L.C., makes navigating workers’ compensation simple. Let’s get you the benefits you deserve—reach out today!
If you’re ready to get started, call us now!
The workers’ comp claim process in North Carolina involves several key steps. You need to act quickly and follow specific procedures to protect your rights and get the benefits you deserve.
If you’re injured on the job, you must tell your employer right away. It’s best to do this in writing, but verbal notice is okay at first. You have 30 days to give written notice, but it’s smart to do it sooner.
Your notice should include:
Keep a copy of this notice for your records. If you wait too long to report, you might lose your chance to get benefits.
After reporting your injury, you must file a claim with the North Carolina Industrial Commission (NCIC) by filling out Form 18, also known as the “Notice of Accident to Employer.”
Key points about Form 18:
Your employer should file Form 19 with the NCIC within 5 days of learning about your injury.
The NCIC oversees all workers’ compensation claims in the state and ensures that the process is fair for both workers and employers.
The NCIC will:
If you have questions about your claim, you can contact the NCIC. They offer help by phone and on their website.
Once you file your claim, the timeline for getting benefits can vary. Your employer’s insurance company has 14 days to start paying or deny your claim.
If they approve your claim:
If they deny your claim, you can appeal. The appeal process can take several months. It’s often helpful to get a lawyer if your claim is denied.
If you’re ready to get started, call us now!
North Carolina workers’ comp laws give you important rights if you’re hurt on the job. These laws protect your access to medical care and lost wages. They also shield you from unfair treatment by employers.
Workers’ comp in North Carolina is a “no-fault” system. This means you can get benefits even if the accident was your fault. You don’t need to prove your employer did anything wrong.
In exchange, workers’ comp is your only way to get money from your employer for a work injury. You can’t sue them in court. This is called the “sole remedy” rule.
There are a few exceptions. You may be able to sue if:
You have the right to appeal if your claim is denied. Don’t give up if this happens. Many claims are approved after an appeal, particularly if you have a good lawyer..
To appeal, you’ll need to file a Form 33 with the NC Industrial Commission. You have two years from your injury date to do this, but the previous filing of a Form 18 can change this date.
The appeals process has several steps:
You can represent yourself, but it’s often helpful to have a lawyer. Many offer free case reviews.
Your employer must pay for all necessary medical treatment for your work injury. This includes:
You have the right to pick your own doctor after the first visit. If you don’t like the doctor your employer chose, you can ask to change.
You also have the right to a second opinion on your condition. Your employer must pay for this. If the doctors disagree, you can ask for a third opinion.
It’s illegal for your employer to fire or treat you badly for filing a workers’ comp claim. This is called retaliation.
Signs of retaliation can include:
If you think you’re being retaliated against, document everything. Keep a log of what happened and when. If the problem continues, talk to a lawyer.
Remember, your job is protected while you’re on workers’ comp. Your employer must try to find work you can do with your injury. If they can’t, you may be eligible for job retraining.
Hit a roadblock with your workers’ comp claim? Don’t stress—Morrison Law Firm, P.L.L.C. knows how to tackle denied claims and get results. Let’s talk about your options
If you’re ready to get started, call us now!
Workers’ comp claims in North Carolina can be complex. You may face hurdles like denials, disputes, and delays. Knowing how to handle these issues is key to protecting your rights.
Your claim might be denied for various reasons. The insurance company may question if your injury is work-related. They could argue you didn’t report it soon enough.
To avoid delays, report your injury to your employer quickly. Do this within 30 days if possible. Follow up with written notice.
If your claim is denied, don’t give up. You can appeal the decision. The North Carolina Industrial Commission (NCIC) handles these disputes.
Keep all medical records and work incident reports. These documents support your case during appeals.
Your employer or their insurance carrier might challenge your claim. They may say your injury happened outside of work. Or they could argue you had a pre-existing condition.
Common dispute areas include:
If disputes arise, consider getting a workers’ comp lawyer. They can help you navigate complex hearings and negotiations.
Document all communication with your employer and the insurer. This helps if you need to prove your case later.
To safeguard your rights, take these actions:
If your employer retaliates against you for filing a claim, report it. This is illegal in North Carolina.
Don’t settle your case too quickly. Make sure you understand the full extent of your injuries first.
Remember, you have the right to workers’ compensation benefits if you are injured on the job. Stay informed and persistent to protect these rights.
Protecting your rights in a workers’ comp case is crucial. These tips will help you navigate the process and ensure you receive fair treatment.
Keep detailed records of your work injury. Write down the date, time, and circumstances of the accident. Take photos of any visible injuries or hazards that caused them.
Make a list of witnesses who saw the incident. Save all medical records, bills, and receipts related to your injury.
Track your symptoms and how they affect your daily life. Note any work you miss due to the injury. This information will support your claim if disputes arise.
Report your injury to your employer right away. In North Carolina, you must notify your employer within 30 days of the accident.
Fill out all required forms completely and accurately. Submit them on time to avoid delays in your claim.
Follow your doctor’s orders carefully. Attend all medical appointments. If you can’t work, get a note from your doctor explaining why.
Keep copies of all paperwork you submit. This helps prove you followed the correct steps if issues come up later.
Consider hiring a workers’ compensation attorney early in the process. They can guide you through complex legal procedures.
A lawyer can help you avoid mistakes that might hurt your claim. They’ll make sure you meet all deadlines and file the right paperwork.
Legal counsel can negotiate with insurance companies on your behalf. They’ll fight for fair compensation if your claim is denied or underpaid.
An experienced attorney knows your rights under North Carolina law. They can spot unfair treatment and take action to protect you.
Workers’ comp in North Carolina protects you if you get hurt at work. You have important rights, but you need to take action to use them.
Report injuries to your employer immediately and get medical care quickly. If your employer has three or more employees, it should have workers’ compensation insurance.
Keep track of your medical treatment and time off work. This will help you if you need to file a claim later.
You can get money for lost wages and medical bills. Sometimes you might get a lump-sum settlement. Think carefully before agreeing to this.
If your claim is denied, you can appeal. Don’t give up on getting the help you deserve.
Stay informed about your rights. Ask questions if you’re unsure. You can talk to a lawyer who knows about workers’ comp if you need help.
Remember, the system is there to protect you. Use it when you need it. Your health and well-being matter.
Ready to take control of your workers’ comp case? Morrison Law Firm, P.L.L.C. is here to fight for your rights and benefits. Book your free consultation, and let’s get started!
What Is Workers’ Compensation in North Carolina?
Workers’ compensation is a no‑fault insurance system that provides medical treatment, wage replacement, and disability benefits to employees who suffer job‑related injuries or illnesses in North Carolina.
It ensures injured workers receive prompt benefits without needing to prove employer negligence.
Who Is Eligible for Workers’ Compensation in NC?
In North Carolina, any employee working for an employer with three or more employees is generally eligible.
This includes full‑time, part‑time, and temporary workers; however, independent contractors and certain exempt categories (e.g., domestic workers or farm laborers with fewer than 10 employees) are not automatically covered.
What Benefits Does NC Workers’ Compensation Provide?
Medical Benefits: Coverage for all injury‑related medical treatment and prescriptions.
Disability Payments: Temporary or permanent benefits, typically calculated as two‑thirds of the injured employee’s average weekly wage.
Death Benefits: Compensation for funeral expenses and support for dependents if a workplace injury results in death.
How Do I File a Workers’ Compensation Claim in North Carolina?
Step 1: Notify your employer in writing of the work‑related injury (this should be done as soon as possible, ideally within 30 days).
Step 2: Complete and submit the required forms (such as Form 18) to your employer and the North Carolina Industrial Commission.
Step 3: To secure your benefits, ensure you file within the statutory deadlines (generally within two years of the injury).
What Should I Do If My Claim Is Denied?
If your claim is denied, you have the right to appeal through the North Carolina Industrial Commission.
Request a hearing to review your case and, if needed, consult a workers’ compensation attorney to help you navigate the appeals process.
How Is Disability Compensation Calculated in NC?
Disability benefits are typically set at two‑thirds of your average weekly wage (subject to statutory minimums and maximums).
The exact amount depends on factors like the type of disability (temporary or permanent) and your pre‑injury earnings.
Do I Need a Lawyer for My Workers’ Comp Claim in North Carolina?
While you can file a claim on your own, consulting an experienced workers’ comp attorney is advisable—especially if your claim is complex or has been denied—to ensure you receive the full benefits you are entitled to.
What Are My Rights Under NC Workers’ Compensation Laws?
You have the right to receive all compensable benefits for medical care, wage replacement, and, if applicable, disability or death benefits.
You are also protected by a no‑fault system, which means you do not need to prove employer negligence to secure your benefits.
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