The workers’ compensation laws in North Carolina are designed to protect employees who have been injured. The laws are also designed to ensure that employers have the resources to help injured workers by requiring that they carry workers’ compensation insurance.
The process of filing a workers’ compensation claim can be complicated. Experienced North Carolina Workers’ compensation attorneys can help you through the process.
Who provides workers’ compensation benefits?
What types of benefits does workers’ compensation provide?
Workers’ compensation benefits in North Carolina include:
- Medical care and benefits
- Rehabilitation benefits
- Vocational retraining benefits
- Disability benefits
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Total Disability
- Permanent Partial Disability
- Death benefits for family members
Workers’ compensation benefits can be temporary or permanent depending on the severity of the injuries. Additionally, the workers’ compensation claims process along with the medical records will determine the exact level of disability and the exact amount of benefits that injured employees will receive.
What are some common reasons for workers’ compensation claim denials?
Can I sue my employer?
Generally, no. Workers’ compensation laws are designed to provide an alternative to personal injury lawsuits. There are some exceptions. If a work accident was intentionally caused by an employer, than an employer can be sued. Additionally, if you are injured by the employees of a third company that is not your employer, you may sue that company in civil court.
Workers’ compensation laws are administrative laws and for the most part, injured workers will be using the administrative process. When there no more workers’ compensation administrative options, then an employee may finally appeal to the regular civil courts.
What is an occupational disease?
Many people are familiar with the breaks, sprains and severed limbs that are associated with common work accidents and injuries. However, there is another category of injuries that can also lead to workers’ compensation benefits. An occupational disease is a disease that is caused by the nature of the job.
A disease can be caused toxic substances at work, exposure to hazardous materials and other accidents that can cause respiratory problems and sometimes cancer. Even repetitive typing can lead to carpal tunnel syndrome and it will be considered an occupational disease for the purposes of workers’ compensation benefits.
What happens if I can never return to work?
If you suffer a permanent injury or disability in a work-related accident or illness, such as the loss of a limb or fingers, there are workers’ compensation benefits that provide permanently injured employees with disability benefits that last as long as the disability lasts. If the disability is total and permanent and the employee cannot work, they may receive 2/3 of their weekly wage up to 110% of the North Carolina state weekly wage.
The exact amount of the benefits will depend on each individual employee, their injuries as well as their unique claims process. It is best to consult with an attorney in order to determine whether you should appeal your disability rating which determines your benefits.
How does your law firm help injured employees?
If You Or Someone You Love Has Been Injured At Work, Call Us Today
If you or a loved one has been injured in a work accident, the experienced workers’ compensation attorneys at Lewis & Keller can help you apply for benefits. 1-866-299-1769.