If you have been injured in a workplace accident in North Carolina, you may be entitled to compensation. There are certain things you need to know to help ensure your case succeeds. This article provides an overview of the law in this area and some tips for navigating the process.
1. Understanding Workers’ Compensation in North Carolina
The workers’ compensation system in North Carolina is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death or disability benefits. Workers’ compensation is typically mandatory for North Carolina employers with three or more employees, meaning employers must provide coverage for their employees.
It is important to note that workers’ compensation is not available at all times. For example, you would not be able to recover benefits for an injury that occurred while you were off duty or on vacation.
2. Understanding The Claims Process
The process of making a workers’ compensation claim in North Carolina is often tricky; there are specific steps that must be followed in order to ensure that the claim is processed correctly. The following is an overview of the process:
a.) Notify your employer immediately of the accident.
b.) Seek medical attention for your injuries.
c.) Complete a workers’ compensation claim form.
d.) File any additional paperwork that is asked of you.
e.) Keep all records in duplicate and even triplicate where possible.
3. Understanding How an Attorney Can Help
If you are injured in a workplace accident in North Carolina, you may be wondering if you need an attorney. Here are a few things to consider:
a.) An attorney can help ensure that you receive the workers’ compensation benefits to which you are entitled by helping you preserve records, and filing them properly.
b.) An attorney can also help protect your rights if the insurance company denies your claim or offers you a settlement that is less than you deserve.
c.) If your case goes to court, an attorney can represent you and argue on your behalf.
4. Understanding the Time Limits to File a Claim
North Carolina workplace accident claims statute of limitations is two years from the date of the incident. This means that an injured employee has two years from the date of the injury to file a claim with the North Carolina Industrial Commission. If the claim is not filed within this time period, it will likely be barred from proceeding. There are a few exceptions to this rule, such as if the injury was not discovered until after the two-year period had passed.
Also, the employee must inform their employer within 30 days of discovery of the injury or illness. If an employee fails to follow these guidelines, they may lose their right to file a claim.
5. Understanding How Long You May Receive Workers’ Compensation Benefits For
Workers’ compensation benefits are typically available for a set period of time, after which the worker is no longer eligible to receive benefits. The amount of time that a worker can receive benefits typically depends on the severity of the injury.
In North Carolina, workers’ compensation benefits cover all reasonable medical care and two-thirds of your average weekly salary for as long as 500 weeks or until you can return to work, whichever comes first.
What To Do if Your Workplace Accident Claim Is Denied?
If your claim is denied, the first step is to file an appeal. You can do this by filling out form 33 and by writing a letter to the insurance company or workers’ compensation board.
In your letter, you should include a brief summary of your accident and why you believe your claim should be reviewed for approval. You should also include any evidence or documentation that supports your case.
If you have any questions, you can contact an attorney for help. An attorney can review your case and advise you on the best course of action to take.
Contact Our Wilmington Worker’s Compensation Law Firm
If you have been injured in a workplace accident, there are a couple of important things you need to know. First, make sure you report the accident to your employer as soon as possible. Second, seek medical attention for your injuries because recovery depends on treatment. Third, gather evidence of the accident.
Fourth, speak with an experienced North Carolina workers’ compensation lawyer. Our team at Flexner Houser Injury Law has been protecting workers’ rights for over 25 years. Get Flexner Houser. We’re serious.