Workers’ Compensation
Hurt on the job?
The North Carolina Workers' Compensation Act is intended to provide swift and certain benefits to an injured worker, or in the case of death, to any dependents. The law requires payment of all necessary medical care and a weekly wage loss benefit to replace a portion of lost earnings during any period the injured person is unable to work because of the injury. The payment of compensation is not dependent on the negligence or fault of the company. Even when the injured worker fully recovers and is back at work, he or she may be entitled to compensation for permanent partial disability to the part of the body injured.
Benefits
If your workers' compensation claim is deemed compensable, North Carolina law guarantees your right to medical care to treat injury.
- Medical care to treat the injury
- Temporary total disability benefits for percentage of wage loss
- Prescriptions
- Mileage reimbursement for trips to the doctor
- Rehabilitation benefits
- Attendant care
- Prosthetics
- Health aides
- Vocational rehabilitation
- Permanent disability benefits for workers unable to return to any gainful activity
Do I need an attorney?
Injured or disabled individuals who do not have an attorney may not receive all benefits to which they are entitled under the law. Both Mr. Ayers and Mr. Whitlow are experienced in obtaining the maximum recovery for their clients in each and every case.
Worker's Compensation Questions:
It is bad enough that you've been hurt on the job, without having to worry about all that comes with a workers' compensation claim. Here are some of the answers to common questions about the workers' compensation system in North Carolina.
Does my injury have to be from a specific accident to be covered for workers' compensation?
How does the workers' compensation system work?
If I can't work how much will I receive?
Should I talk to the insurance company?
What can I expect from vocational rehabilitation?
Do I need an attorney or can I handle the claim on my own?
Does my injury have to be from a specific accident to be covered for workers' compensation?
Not necessarily. Many workers are injured from repeatedly performing the same physical motion in their job, such as working with machinery on a production line or use of a computer keyboard. Carpal tunnel syndrome is a common condition that develops as a result of repetitive job activities. Some workers are exposed to harmful chemicals that cause health problems or disease.
How does the workers' compensation system work?
You must report the injury to your company within 30 days of the accident. We recommend you report it as soon as possible and that you immediately request to see a doctor even if your supervisor or the company indicates it is not necessary. Your employer then has a short period of time to report the injury to the Industrial Commission in Raleigh. The employer should also immediately report your accident to the insurance company who investigates the claim and determines if your claim is accepted. If it is rejected, you have a right to a hearing before the Industrial Commission, which then determines if you are entitled to benefits. We strongly suggest you have an attorney at the hearing to make sure the Commission hears everything it needs to find your claim is valid.
If I can't work how much will I receive?
Your Temporary Disability benefits will be two-thirds of your average weekly wage for the year previous to your injury. If you are injured during 2009, the cap on weekly benefits is $816 per week. You don't owe income tax on the amount you receive. The insurance company must pay benefits until either
1) You are able to return to suitable employment if you have suffered permanent injury, or
2) Your doctor releases you to return to regular duty or employment.
Should I talk to the insurance company?
Often, you will receive a call from the insurance adjuster requesting a recorded statement. We recommend that before providing a recorded statement you seek legal advice to review the circumstances of your injury. We will be happy to discuss this in more detail with you when you contact our office.
What can I expect from vocational rehabilitation?
A qualified professional will test your aptitudes, interests, abilities and evaluate your education, work experience, physical and mental capabilities and come up with a plan designed to restore you as quickly as possible to a position earning as close to your pre-injury wage as possible. Suitable employment must be found for you and you cannot be forced to take a "dead-end" job, which does not offer the opportunity to earn wages close to your earnings in your previous job.
Do I need an attorney or can I handle the claim on my own?
If your injuries are minor, do not require extended treatment by a doctor, and you expect to get back to work quickly, you may be able to settle the claim on your own. But if you have a serious injury, or a problem obtaining benefits owed to you, or if someone else is at fault for your injury, you will want to consult an attorney. There is no charge for an initial consultation with John F. Ayers and Robert A. Whitlow, so it makes good sense to contact them early in the process.
North Carolina Industrial Commission
Social Security Disability Claims
Social Security disability benefits are available to individuals unable to work for at least 12 months. In order to qualify for Social Security disability benefits it is not necessary that you be permanently and totally disabled for the rest of your life. Robert A. Whitlow is familiar with the Social Security laws and regulations and represents disabled persons at all levels of the Social Security disability process. Please call him for a free consultation at 704-377-5050.
