It’s true that all injuries that take place in the workplace are not covered by workers’ compensation. Workers’ compensation is an insurance that employers are required to have that assists their employees with recovery in time of a workplace injury caused by an accident. If there is a case of this in your life or someone you know, the workers’ comp lawyers at Lewis & Keller can help every step of the way.
More About Workers’ Comp in North Carolina
First and foremost, negligence leading to an accident will not result in assistance from workers comp. With the exception of a back injury, all injuries must have an identifiable accident that caused them. It can’t be part of the normal day to day routine that eventually causes an accident. That can be known as simple wear and tear of the body.
The North Carolina Industrial Commission is the committee responsible for identifying whether or not something is covered by workers’ compensation. If the employee is simply at the job, hanging out before or after their shift, it most likely won’t be covered by workers’ comp, because they were off the clock at the time of the injury.
Workplace diseases can, under the right circumstances, be covered by workers comp as well. If the employee was in a situation that enhanced the chances of them contracting one of those diseases due to hazardous working conditions, workers’ comp can be available to them. Some employees may be weary to file for workers’ compensation if the accident was their fault. Even if the employee is at fault, he or she could still be covered.
However, if the injury was sustained while being under the influence of drugs or alcohol, help from workers’ comp will most likely be denied.
Filing for Workers’ Comp
There are many ways for this system to become complicated when it comes to obtaining help from workers’ comp. It is recommended to file the claim for this insurance within thirty days of the injury. Things get a little harder to solidify when waiting longer than that but it must be filed within two years of the injury or two years after the employer has paid wages.
When filing for the claim, it is very important to be aware of the wording and to choose words wisely, as the wrong ones can indeed ruin chances of getting the claim. The injury in most cases must be an accident and, if it seems to the NCIC that the injury did not come along during work, the case will most likely be dismissed.
You and Your Workers’ Compensation Attorney
Through pursuit of this case, there may be ways to collect other funds due to emotional damage and other damages that get in the way of obtaining former quality of life. All of these things can be made more clear by contacting Lewis & Keller for your free case review today.