North Carolina Workers’ Compensation: An Overview of the Benefits and Processes for Injured Workers
Introduction
North Carolina Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer from work-related injuries or illnesses. The program provides medical care, wage replacement, and vocational rehabilitation benefits to injured workers, who cannot work and are left unable to support themselves financially.
In this article, we’ll explore the basic provisions of North Carolina’s workers’ compensation legislation, including the benefits and compensation available to employees who have been injured on the job. We’ll also take a deep dive into the claims process, eligibility requirements, and the potential legal implications for both employers and employees.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who become injured, ill, or disabled as a result of work-related activities that happen in the course of their job. In North Carolina, employers with three or more employees must carry workers’ compensation insurance, including part-time employees, as well as family members who work for the business.
The state-mandated insurance program provides benefits to workers who become injured or ill, regardless of who was at fault for the accident. If an employee becomes injured or ill due to work-related activities, they are entitled to compensation to cover their medical expenses, lost wages, and disability or death benefits.
Benefits and Compensation Offered
Workers’ compensation in North Carolina offers various benefits and compensation to injured workers, which include:
1. Medical Benefits
The medical benefits offered by workers’ compensation in North Carolina include all the medical treatment and services necessary to cure or relieve the effects of the injury or work-related illness. These benefits include doctor’s consultations, hospital care, prescription medications, diagnostic tests, and surgeries.
2. Wage Replacement Benefits
When a worker becomes temporarily or permanently disabled due to their work-related injury, they may be entitled to wage replacement benefits. The wage replacement benefits offered under North Carolina workers’ compensation are designed to replace a portion of the employee’s lost wages while they are unable to work.
Temporary Total Disability (TTD) benefits are awarded when the employee is entirely incapable of working for a temporary period of time due to their work-related injury. Temporary Partial Disability (TPD) benefits are awarded when the injury causes a partial disability, significantly reducing the employee’s workability.
3. Disability Benefits
When an employee becomes permanently disabled due to their work-related injury, they may be entitled to disability benefits. These benefits are intended to compensate the employee for the loss of their earning capacity caused by their work-related injury. The compensation depends on the degree of disability, age, education, and other factors.
4. Death Benefits
If an employee dies as a result of their work-related injury, their dependents are entitled to collect death benefits. These benefits are typically paid to the surviving spouse and any dependent children, providing the necessary financial resources to support the family.
Claims Process
The workers’ compensation claims process in North Carolina typically follows a specific set of steps, including:
1. Report the Injury or Illness
The employer must report any work-related injury or illness to their workers’ compensation insurance carrier within five days of the incident. The injured employee must also report their injury or illness to their employer within thirty days.
2. Seek Medical Attention
The injured employee must seek medical attention from an approved healthcare provider. The employee may choose their healthcare provider, but the doctor must be approved by their employer’s workers’ compensation insurance provider.
3. Filing a Claim
To file a claim for workers’ compensation, the injured employee should submit the claim to the North Carolina Industrial Commission. The claim should include the employee’s name, contact information, date, and circumstances of the injury or illness, along with any medical records and reports.
4. Claims Approval or Disapproval
The workers’ compensation insurance carrier will decide whether to approve or disapprove the claim. If the claim is approved, the employee will receive benefits based on the type of injury or illness sustained. If the claim is denied, the employee has the right to appeal the decision.
Eligibility Requirements
To be eligible for workers’ compensation benefits in North Carolina, the worker must:
– Have sustained an injury or illness directly related to their work duties.
– Be an employee of a company that carries workers’ compensation insurance.
– File a workers’ compensation claim within the specified time.
Potential Legal Implications
In certain cases, workers’ compensation disputes can lead to legal proceedings where both parties may retain legal counsel. A worker who is denied benefits may choose to obtain an attorney to help them navigate the claims process. Employers may also benefit from having legal representation to defend against claims of wrongdoing.
Conclusion
The North Carolina workers’ compensation program provides injured workers with a safety net, ensuring that they receive medical care, wage replacement and disability benefits, and death benefits in the event of a work-related injury or illness. The program also provides employers with liability protection and legal recourse against employee claims.
In addition to the benefits offered, this article has outlined the claims process eligibility requirements, and the potential legal implications that injured workers and employers may face.
If you are a worker in North Carolina who has suffered a work-related injury or illness, it is essential to understand your rights and options for compensation. It may be helpful to seek the guidance of an experienced attorney who can provide you the support and legal representation needed to pursue the benefits you are entitled to.
– Be an employee of a company that carries workers’ compensation insurance.
– File a workers’ compensation claim within the specified time.
Employee and Employer Information on NC Workers’ Compensation
North Carolina workers compensation
The majority of North Carolina Workers’ Compensation laws are located under Chapter 7 of the NC Statutes. The NC Industrial Commission also provides a great deal of information about North Carolina workers compensation, and the majority of this article will discuss information provided by the NCIC at the following link.
Steps for Injured Workers for Worker’ Compensation Insurance (North Carolina)
You need to regard the following steps closely in order to receive workers’ compensation insurance in North Carolina. If you fail to follow the steps closely or untimely, North Carolina workers’ compensation laws may not protect your rights to the insurance.
Step 1
Immediately report the accident to your employer and receive proper medical treatment for North Carolina workers compensation. The employer will usually tell you what physicians are covered by the workers’ compensation insurance in North Carolina under the employer.
Once you meet with the healthcare provider, tell them how the injury is work related and give them the information to your employer.
Step 2
According to North Carolina workers’ compensation laws, you should give a written notice to your employer, and you have a maximum of 30 days. You will have to provide a small written statement about the date of the accident and the injury. A family member or friend can write the letter for you according to North Carolina workers’ compensation laws.
Step 3
Fill out Form 18 for a general injury or Form 18b if the injury was related to Asbestosis, Silicosis, or Byssinosis. These forms for North Carolina workers compensation are located under the following links and can be filled out electronically:
For a complete list of all forms you may need under North Carolina workers’ compensation law, reference the following link.
Step 4
Follow all instructions from the physician under the workers’ compensation insurance in North Carolina. The ultimate goal of North Carolina workers compensation is to rehabilitate the worker so they can return to work and protect the employer from lawsuits associated with workplace accidents.
Information for Employers about Workers’ Compensation Insurance (North Carolina)
According to North Carolina workers’ compensation laws, the following employers are required to carry insurance:
• if there are three or more employees regularly employed in the same business
• if there is one or more employee involved in activities involving the use of radiation
• if there are 10 or more full-time non-seasonal agricultural workers
Additionally, North Carolina workers’ compensation laws state that an employer must report an injury to the insurance carrier immediately. If the injury requires the employee to receive North Carolina workers compensation for more than one day or the medical expenses amount to more than $2,000.00, the employer must file Form 19, “Employer’s Report of Employee’s Injury to the Industrial Commission” within five days of hearing about the injury.
If an employer has failed to provide the proper documents or has committed fraud, an employee has the right to receive compensatory damages.
