Frequently Asked Questions regarding North Carolina Workers' Compensation Law
Posted by
Robin MartinekApril 03, 2007 8:43 PMDoes my employer fall under the North Carolina Workers' Compensation Statutes?
If an employer has three or more employees, it is subject to North Carolina Workers' Compensation Statutes and required to either maintain workers' compensation insurance or qualify as self-insured.
Who monitors and adjudicates workers' compensation claims in North Carolina?
The North Carolina legislature has established the North Carolina Industrial Commission to hear and make decisions regarding workers' compensation claims. The Industrial Commission has established rules that are used with the applicable North Carolina statutes to handle the reporting and adjudication of workers' compensation claims.
What kind of injury qualifies for workers' compensation?
First the injury must be caused while you are working for the employer. For back injuries to be compensable, they must be caused by an accident or incident. In other words, there must be an identifiable that caused the injury, whether an actual accident or an incident that resulted in the injury.
For injuries to body parts other than the back, they must arise from an accident. The exception to this rule is if you are performing duties that are not a part of your normal duties. In those situations, there need only be an incident.
What is an occupational disease?
An occupational disease is a disease or condition that arises in the workplace. Unless the disease is one listed specifically under the statutes, to receive compensation for an occupational disease one must show that the disease or condition arose in the workplace and was more likely to occur in an employee in your work environment than in the general populace. If the disease is one enumerated by statute then you must only show that the condition arose in the workplace.
How do I show that my injury, disease or condition was caused by my work or from my work-related accident?
The most common way to establish causation is through the employee's treating physician. That is why it is important to seek treatment with a medical provider as soon as possible. Your attorney can often assist you in getting confirmation from your medical provider of the cause of your injury, disease or condition.
What are my rights under the North Carolina Workers' Compensation Statute?
In an accepted workers' compensation claim, you have a right to receive medical treatment to alleviate the injury, condition or disease, you have the right to be paid two-thirds of your average weekly compensation for the time you are out of work (after the first seven days), you have the right to receive compensation for any permanent disabilities, and you have the right to be placed back to work in the same or comparable position or to continue to receive permanent disability benefits if you are unable to return to work.
Can I recover for pain and suffering?
Under North Carolina law, a claimant may bring a claim under the workers' compensation statutes cannot recover for pain and suffering. However, there is no need to show that the employer's negligence or intentional acts were the cause of the injury.
What are my initial responsibilities as an employee injured in an accident?
You must report the injury and accident/incident to your employer within two weeks of the occurrence. Often your employer will have an established method for reporting, which you should follow. If not, report the accident and injury to your immediate supervisor. You must also insure that a Form 18 is filed within two years of the incident, accident or initial diagnosis. Failure to meet these deadlines could result in the loss of your claim.
I was hurt at work. Doesn't my employer have to pay for my injury?
Not necessarily. The burden of proof is on the employee to show that an injury by accident occurred and that the injuries were caused by the accident. This means that the employee has to show that it is more likely than not that the accident occurred and caused the injuries for which the employee is seeking compensation. In some instances, the employer and insurance carrier will correctly accept responsibility and that need of proof is waived.
Disclaimer: This article provides some general guidelines to workers' compensation law in North Carolina, but should not be relied upon in place of effective legal counsel. Nothing in this article is meant to give legal advice or establish an attorney-client relationship. We strongly suggest that you seek the advice of an attorney experienced in workers' compensation law.
