Workers’ compensation is used by employers to provide them with a means of insurance in case of injuries in the workplace. Workers’ compensation, or workers’ comp, provides workers with payment of wages, and helps take care of medical bills and disability while the employee can’t work. It sometimes lasts for a time when the employee is already back at work still making up for the past damages.
North Carolina Workers’ Comp Claim
Under North Carolina workers’ compensation law, employees that have sustained permanent injuries are granted disability benefits as long as those injuries are to certain body parts. There is something called Maximum Medical Improvement and that is the allotted time given for a healing period to a certain injury. Once that time is up a rating to the body part will take place determining how much is recovered through workers compensation.
There are three things that determine the amount of Permanent Partial Disability that is received by the employee. Those three things are: The rating that is assigned by the doctor. (That rating is not final however, and can be looked at by another party upon request). The number of weeks assigned through the MMI, and the compensation rate.
Through workers’ comp the employee has two years upon injury to file a claim. If those two years expire and a claim has yet to be made the employee in most cases forfeits the possibility to recover any wages or assistance through workers’ comp.
More About Disability Ratings
Disability ratings aren’t always the best way to recover through workers’ comp. It is understood that any help offered is better than no help, but it is imperative to spend time finding the best solution in your particular case. Workers’ comp is available to employees that have experienced an injury in the workplace due to an accident and while on the clock.
Being on the clock is a necessary part to make note of, because just being on site at the workplace isn’t always enough. It can, and will, be argued that you shouldn’t have been on site, and just because the company employs you may have been just a bystander at the time.
There must be a recognizable traumatic incident that is being referred to in the claim. Injuries that get worse over time through wear and tear are not enough to obtain workers’ comp. Injuries to the back fall in their own category however. The back is a very vital part of the body and to most jobs, and is the one body part that doesn’t require an accident to receive workers comp.
If there is a back injury there must be a recognizable point of trauma or incident that warrants workers’ comp. There must be a noticeable incident that takes place through the daily activities in the workplace.
Working with an Attorney
As can be seen, a workers’ compensation claim is not a cut and dry situation and can get more complicated as more parties get involved. For best results it is encouraged that an attorney is contacted as soon as possible. For all needs regarding workers’ comp and injury impact contact Lewis & Keller for your free case review.