NC Workers’ Compensation FAQs
Key Takeaways
- North Carolina workers’ compensation protects employees hurt on the job and provides essential benefits for medical care and lost wages.
- Act quickly after a workplace injury — seek medical treatment, report the accident to your employer within 30 days, and preserve evidence to support your claim.
- Most employees qualify for benefits for physical injuries, occupational illnesses, repetitive stress injuries, and even mental health conditions related to work.
- Workers’ comp benefits include medical costs, wage replacement, and long-term disability or vocational rehabilitation when warranted.
- There are strict deadlines for reporting and filing claims; missing them can jeopardize your ability to recover benefits.
- Denied claims can be appealed, and retaliation for filing a claim is prohibited under North Carolina law.
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 and provide you with the support you need. Contact us today for a free consultation about your case.
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:
- Report the incident to your employer in writing. 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. Ask your employer to direct you to a medical facility for treatment.
- 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. As referenced above, it is important for you to go to the doctor your employer sends you to. In NC, the employer has the right to direct your medical care. Tell the doctor you were hurt at work and get a note with any restrictions to hand to your employer.
- Gather evidence. Make a notebook and start keeping all medical records, work restrictions, 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 so long as the employer employs three (3) or more people. Workers who are independent contractors generally do not qualify for benefits. That being said, it is important to note that many workers labeled as “independent contractors” and paid on a 1099 basis are actually misclassified employees for workers’ compensation purposes. Just because your employer says you are an independent contractor does not mean that they are correct. Contact an experienced workers’ comp attorney to discuss your case and your rights.
Qualified workers who suffer accidental 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, bursitis, tenosynovitis or tendonitis that result from frequent repetitive motions over a prolonged period. These types of injuries can also be compensable if they occur as a result of a single event
- 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 subject to a 500 week cap 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 of 500 weeks, 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 – Under a limited set of circumstances, there are long-term wage replacement benefits when your injuries prevent you from ever returning to gainful employment
- Death benefits – Benefits payable to those deemed wholly dependent, partially dependent or who qualify as next of kin for workplace injuries resulting in the death of the worker.
- 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. Best practice any time you are injured on the job is to notify your employer and file the claim as soon as possible. Even if you meet the statutory time frame, delays can result in problems and give the insurance company a reason to deny your case.
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.
What is the Difference Between an Injury by Accident and an Occupational Disease?
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. An exception to this rule is for back injuries where there is a lower standard of a “specific traumatic incident” (STI). The STI allows for back injuries to be compensable even if the injury occurred while performing regular job duties.
Occupational diseases include injuries related to exposure to chemicals and other elements such as asbestos, silica dust, and cotton dust. Occupational diseases can also include injuries such as bursitis and tenosynovitis that developed due to work activities. Repetitive stress injuries (carpal tunnel/cubital tunnel) or other gradually developing injuries may also be compensable occupational diseases but may require a higher burden of proof.
If you have an accidental injury or an occupational disease, it is a good idea to speak with an experienced attorney who has an intimate understanding of workers’ compensation law as it relates to both accidental injuries and occupational diseases plus knows how to build a body of evidence based on the language of the rules.
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
- Taking the burden of talking with the insurance company off of your shoulders
- 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. Workers’ comp cases can involve every aspect of your life causing stress over money, bills, and obtaining proper and timely medical care. The workers’ comp team at Kornbluth Ginsberg offers 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 for your free consultation about your workers’ compensation claim.
