How Does Workers’ Compensation Work in North Carolina?

If you were injured at work in North Carolina, a question you may ask is, “How does workers’ compensation work in North Carolina?” The system can seem overwhelming, but it is designed to provide medical care and wage replacement for injured workers without having to establish fault. However, it is important to understand the specifics of North Carolina workers’ compensation laws to protect your rights and get the benefits you deserve.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

The workers’ compensation process can be confusing and frustrating for an injured worker. Our trial attorneys have over 45 years of combined experience, having successfully guided injured workers through North Carolina’s workers’ compensation system. We can get them the benefits they need to recover and move forward with their lives.

The Sumwalt Group Workers’ Comp and Trial Lawyers is located near the Buncombe County Courthouse. We proudly serve clients throughout North Carolina and South Carolina. Our initial consultations are always confidential.

What Is Workers’ Compensation?

Workers’ compensation is insurance that most employers in North Carolina are required by law to carry. It provides medical and financial benefits to an employee who becomes injured or ill from a work-related cause. In contrast to a typical personal injury claim, workers’ compensation claims do not require proof of negligence by the employer. As long as the injury took place during employment duties, workers are typically eligible for benefits.

Most employers with three or more employees are required to carry workers’ compensation insurance. Full-time, part-time, and seasonal workers are covered. Independent contractors are not covered, though there are frequent disputes over whether a worker has been misclassified as an independent contractor. Railroad employees and federal workers are among the categories of workers who have separate compensation systems.

Benefits Available Through Workers’ Compensation

Private industry employers in North Carolina experienced 68,600 nonfatal workplace injuries and illnesses in 2023. This corresponds to an incidence rate of 2.0 cases per 100 full-time workers, lower than the national average of 2.4 cases per 100. When a worker is injured, the workers’ compensation system provides several benefits, including:

• Medical expenses: This covers any necessary medical care, including surgeries, hospital visits, rehabilitation, and medication.
• Wage replacement: This provides a percentage of your income while you are in recovery.
• Disability benefits: When you have a permanent partial or total disability, you may be eligible for more compensation based on your level of impairment.

Filing a Workers’ Compensation Claim

If you are injured at work, you should immediately notify your employer of the injury. You must provide notice within 30 days of the injury. The employer will file a claim with the employer’s workers’ compensation insurance carrier, and you may also file a claim with the North Carolina Industrial Commission (NCIC) on Form 18.

The insurance company reviews any filed claim to determine whether benefits will be approved or denied. Medical treatment and wage replacement benefits should become available soon after your claim gains approval. You are entitled to challenge a denial by appealing to the NCIC.

Hire a Workers’ Compensation Lawyer

Workers’ compensation cases can be overwhelming, especially when you are in pain and worried about your future. Insurance companies have entire departments of adjusters and lawyers whose job is to look out for the bottom line. When you hire a workers’ compensation lawyer, you have someone on your side to guide you through the process and get you the benefits you deserve.

Your workers’ compensation attorney can collect medical documentation, accident reports, and statements from witnesses to create a solid case for you. They can negotiate with insurance adjusters on your behalf to resist denied or low-balled claims.

They can also verify that your wage replacement is calculated accurately and advocate for coverage of needed medical treatments. If necessary, your attorney can represent you at hearings before the North Carolina Industrial Commission, asserting your rights at every stage of the process.

FAQs

What Are the Three Main Requirements to Obtain Workers’ Compensation?

An employee must satisfy three main requirements to be eligible for workers’ compensation. They must:

• Prove that their work caused their illness or injury.
• Report the injury within 30 days.
• Be an eligible employee, rather than an independent contractor.

If these conditions are met, then a worker can file a workers’ compensation claim under the state’s workers’ compensation laws.

What Should I Not Say to a Workers’ Comp Doctor?

When you visit a workers’ compensation doctor, don’t exaggerate symptoms or minimize your pain. Avoid discussing personal problems not related to your injury. Also, don’t speculate about how your injury occurred. Instead, focus on the facts about what happened at work. Always be honest, detailed, and consistent when describing your symptoms and limitations.

How Long After a Workers’ Comp Settlement Do I Get Paid in NC?

After your workers’ comp settlement is approved by the North Carolina Industrial Commission, you can expect to be paid within a few weeks. It may take a little longer if the insurance company is waiting for additional documentation. However, if you find that you are not getting your money in a timely fashion, your workers’ compensation attorney can make sure deadlines are being met and your benefits are delivered on time.

How Is Workers’ Comp Paid Out?

In North Carolina, workers’ compensation is normally paid in one of two forms. You will either get a series of weekly checks, commonly known as wage replacement, or a lump-sum settlement approved by the Industrial Commission. The type of payment a claimant receives depends on the circumstances of the injury and the terms of a settlement.

Contact The Sumwalt Group Workers’ Comp and Trial Lawyers

Dealing with North Carolina workers’ compensation laws after a job injury can be confusing and frustrating. You shouldn’t have to navigate the claims process alone. A knowledgeable workers’ compensation lawyer can advocate on your behalf. They can secure the benefits you are entitled to and safeguard your rights throughout the process. Contact us today to schedule a consultation and find out how we can help you after a work injury.