NC Workers’ Compensation FAQs
Understanding North Carolina Workers’ Compensation
North Carolina workers’ compensation laws exist to protect employees who suffer workplace injuries or occupational illnesses. However, recovering the workers’ compensation benefits you deserve requires a clear understanding of the workers’ comp system in our state, your rights as an injured worker, and the benefits and legal guidance available to you.
The workers’ compensation attorneys of Kornbluth Ginsberg Law Group, P.A., are ready to provide specific answers to your unique questions. Contact us today or 24/7 at 919-980-9895 for a free consultation about your case. We have an office conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We are ready to help you understand your legal options.
What Should I Do Right After a Workplace Injury in NC?
Acting quickly after a workplace accident can protect your health and your legal rights.
Be sure to:
- Seek medical treatment. Even seemingly minor injuries can worsen if left untreated. Seeing a healthcare provider right away protects your health while creating an official document linking your injuries to the workplace accident.
- Report the incident to your employer. Under North Carolina workers’ compensation laws, you have 30 days to notify your employer of the incident. Failing to do so can compromise your claim.
- Gather evidence. Keep all medical records, pay stubs, bills, invoices, receipts, and communications with your employer or the insurance company.
- Contact our attorneys. An experienced workers’ comp lawyer at Kornbluth Ginsberg can guide you through the claims process and protect your rights.
Who Qualifies for Workers’ Compensation in North Carolina?
Most full and part-time employees in most industries qualify for workers’ compensation in North Carolina. However, workers who are independent contractors generally do not qualify. It is important to note that many workers labeled as “independent contractors” are actually misclassified employees for workers’ compensation purposes.
Qualified workers who suffer injuries or illnesses on work premises, during work hours, or while performing job duties elsewhere may seek workers’ comp benefits that can cover their medical expenses and replace a portion of their lost wages.
What Types of Injuries Are Covered by NC Workers’ Comp Insurance?
North Carolina workers’ compensation covers a wide range of injuries and illnesses, including:
- Physical injuries – Sprains, strains, neck and back injuries, fractures and broken bones, spinal cord injuries, and head trauma, for example
- Repetitive stress injuries – Conditions like carpal tunnel syndrome, cubital tunnel syndrome, or tendonitis that result from frequent repetitive motions over a prolonged period
- Occupational illnesses – Asbestosis, silicosis, skin conditions, respiratory diseases, and hearing loss caused by exposure to dangerous conditions in the workplace
- Mental health conditions – PTSD symptoms and other psychological injuries triggered by workplace events and from repeated exposure to high-stress environments
What Benefits Can I Receive Through NC Workers’ Compensation?
Workers’ compensation benefits cover medical costs and lost wages related to your injuries.
They can include:
- Medical bills – Ambulance services, hospital stays, doctor’s visits, surgeries, medical devices, medications, physical therapy, and future medical costs
- Temporary partial disability – A portion of the difference between your pre-injury wages and your current wages if your work restrictions require you to take part-time or lower-paying work
- Temporary total disability – Replacement of two-thirds of your average weekly wage, up to a statewide cap, if your injuries keep you off work altogether while you heal
- Permanent partial disability – Lost-wage compensation payments to offset diminished earning capacity caused by lasting partial disabilities after reaching maximum medical improvement
- Permanent total disability – Long-term wage replacement when your injuries prevent you from ever returning to gainful employment
- Vocational rehabilitation – Job training, education, and other services provided to workers when their injuries force them to seek alternative employment.
How Long Do I Have to File a Workers’ Compensation Claim in North Carolina?
NC workers’ comp claims are subject to deadlines. You have 30 days to report the injury to your employer under North Carolina law. Then, you typically have two years from either the date of the incident or the discovery of the injury or illness to file a formal claim with the North Carolina Industrial Commission.
Missing either of these deadlines could severely limit your legal options. If you want to protect your rights, act swiftly by reporting the incident and contacting an attorney immediately.
What if My Workers’ Compensation Claim Is Denied?
Insurance companies often deny or undervalue workers’ compensation claims, asserting factors such as:
- The injury did not happen at work
- Insufficient medical evidence
- The injury resulted from horseplay
- Missed deadlines
- Late or no reporting
- Minor filing errors
Fortunately, a denied claim is not the end of the road. You have the right to appeal the denial with the North Carolina Industrial Commission, but you will need to gather strong evidence to counter the insurer’s claims. Our skilled workers’ compensation lawyers can help you build a compelling case and then represent you at your hearing.
Can I Be Fired for Filing a Workers’ Compensation Claim in NC?
North Carolina workers’ compensation insurance laws explicitly protect workers from retaliation for filing claims against their employers. Employers cannot terminate, demote, or discipline you for asserting your rights and filing a claim. If they do, you may be entitled to pursue a wrongful termination lawsuit against them.
Why Is North Carolina’s ‘Accident’ Rule a Potential Problem for Injured Workers?
North Carolina’s “accident” rule requires injuries to be caused by unexpected, unusual events rather than routine job duties to qualify for workers’ comp claims. The rule can present problems, especially for workers with repetitive stress injuries or gradually developing illnesses caused by exposure to toxic materials.
However, the accident rule does not mean you cannot receive workers’ comp benefits if you have a repetitive stress injury or suffer from toxic exposure. It just means you need to work with an attorney who has an intimate understanding of the accident standard and knows how to build a body of evidence based on the language of the rule.
How Kornbluth Ginsberg Law Group, P.A., Can Help
Our team fights for injured workers across North Carolina.
We can help you by:
- Reviewing your case for free
- Investigating the accident and gathering evidence
- Helping you file your claim accurately and on time
- Pursuing your rightful benefits
- Negotiating with insurers
- Representing you at hearings
- Protecting you from employer retaliation
We understand that workers’ compensation cases are rarely just legal matters for our clients. They can be highly stressful and emotionally taxing. That is why we offer compassionate support along with skilled legal guidance and aggressive advocacy.
Contact a North Carolina Workers’ Comp Attorney Today
If you have suffered a workplace injury, you have rights. The experienced NC workers’ compensation attorneys at Kornbluth Ginsberg stand ready to protect your rights and lead you through the process of seeking the benefits you deserve.
Contact us today or 24/7 at 919-980-9895 for your free consultation about your workers’ compensation claim.
