Posts By: Oxner

A worker’s injury puts a great deal of strain on your family. Being in pain and unable to work is a big blow. In turn, you may not be able to earn the money you need to pay your bills.

Workers Compensation in North Carolina in a Nutshell

Workers’ compensation benefits in North Carolina are a type of workers’ compensation benefits that can be received when you get injured at work. These benefits include medical bills and partial wage replacement if you’re unable to return to work after an injury. The statute governing workers comp in NC is called “The North Carolina Workers Compensation Act.”

Workers’ compensation benefits are not covered by health insurance and aren’t taxable income. Even though you don’t pay for workers comp insurance, most employers do have to carry workers compensation coverage in North Carolina.

Steps For Filing A North Carolina Workers’ Comp Claim

In order to file a workers’ compensation claim, you need to have been hurt on the job and your injury must be work-related. In addition, you must report your injury to your employer within 30 days of the date you became hurt.

If you fail to report an injury, then you can’t get workers’ comp benefits for that particular accident. However, suppose your employer didn’t know about the incident and could not have prevented it from happening again to another worker. In that case, you may still be eligible for worker’s comp benefits.

Once you’ve reported your injury to your employer, the next step is to file a written claim with the Industrial Commission. This makes sure that all necessary and proper medical treatment is authorized for you.

The North Carolina Industrial Commission, which is part of the North Carolina Department of Insurance, then sends your claim to an insurance company that handles workers’ compensation claims in the state. You should receive a Notification of Compensation Payable (NOCP) letter describing your eligibility for benefits within 30 days. If you don’t receive the NOCP letter, contact your employer’s workers’ compensation insurance company

Do I Need An Attorney?

If you do not have a legal representative or if you are having problems with your workers’ compensation claim, then you should speak to an  attorney. They can review your case and advise you on what to do next. You can look for attorneys that specialize in workers’ compensation online or through the phone book, but if you need help finding someone, contact your local bar association for referrals.

North Carolina: What Are the Most Common Claims, Injuries, and Causes?

Safety is a major concern at every construction site where work is being performed. Injuries can be traumatic and catastrophic, but they may also be more minor in nature – resulting in soft tissue injuries, broken bones, cuts and lacerations, back injuries, repetitive strain or cumulative trauma disorder (RSI), and many others.

Construction site claims for work injuries can vary, depending on the type of structure being built and the particular industry of the contractor or subcontractor who is doing the work. For example, a printed circuit board manufacturer might have frequent hand and arm injuries from using dangerous chemicals and high-tech equipment, while a new housing subdivision might generate a large number of injuries from steel studs, ladders, or scaffolding.

Construction-related injuries include:

• Construction Site Injuries

 Falls from ladders and scaffolding are among the most common causes of construction site injuries in job work in North Carolina every year, as well as being struck by objects, falls from heights, electrical injuries, and being caught in between objects. Being struck by a falling object is also a frequent cause of North Carolina construction site injuries.

• Construction Vehicle Accidents 

 Every year, there are a significant number of North Carolina vehicle accidents that involve trucks or other heavy equipment on the roadways. These can involve a wide range of vehicles, from construction or public works trucks to bobcats and backhoes. North Carolina vehicle accidents involving work equipment often result in serious injury claims because many of these pieces of equipment are large, heavy, and may become out of control on the roadways.

• Slip-and-Fall Accidents 

 Slip-and-fall claims are among the most common types of North Carolina injury claims, and most workers’ compensation insurance policies will respond to these injuries. These injuries can be caused by a variety of dangers ranging from wet floors and poorly lit areas to defective handrails and hazardous objects left on the floor.

As discussed above, construction site injuries can involve a wide range of causes and dangers. It is important to be aware that many common construction hazards, including slip-and-fall accidents, electrical injuries, and exposure to harmful substances, are also concerns in commercial enterprises such as warehouses or manufacturing plants.

Many different types of employers do work in North Carolina every day – construction contractors, public works agencies, commercial facilities, and many others. If you’re hurt on the job in North Carolina, speak with an experienced workers’ compensation attorney, about your rights to file a claim for income replacement benefits that may include medical coverage, vocational rehabilitation services, and other benefits.

Do you have a work injury you need help with? Contact the knowledgeable North Carolina-based accident lawyers at Oxner Permar Law for a free consultation – dial 1-800-319-9000 or contact us online. We’ll help you find the benefits and compensation to which you may be entitled. 

Here are some things to know about Workers Compensation claims in North Carolina:

– An injured worker has one year from the date of injury to file a workers’ comp case, which includes 90 days to request a hearing for their claim.

– North Carolina Workers’ Compensation cases are managed by the Industrial Commission, not by the court system.

– An injured worker’s right to file a workers’ comp claim is the only remedy they have against their employer or another party that may be responsible for causing an injury at work. If you miss your filing deadline, you may lose your ability to receive benefits.

– If you are injured at work by an employer, a coworker, or even yourself, and it was not caused by your own willful or wanton negligence, then you should file a workers’ comp claim with the North Carolina Industrial Commission.

Workers’ Comp Coverage: What Is It In The State Of North Carolina?

No matter what state you are in, North Carolina workers’ compensation insurance covers your work injuries. It is important to know that this type of coverage does not cover work-related illnesses, but only if the illness arose from a clearly defined incident or series of incidents directly related to your job. The rules for liability and how it works vary widely from one state to the next.

Workers’ compensation coverage includes your medical expenses, as well as a portion of your regular salary if you become unable to work because of an injury or illness related to your job. 

It also covers the costs of vocational rehabilitation services if you are injured to the point where you can no longer do your current job. If you are permanently disabled, workers’ compensation can also help pay for costs associated with education and training so you can do another type of job.

Get in touch with an expert attorney to learn more.

How to Deal With an Employer Who Doesn’t Have Workers’ Compensation Insurance in North Carolina?

Don’t let your employer get away with not having workers’ compensation insurance in North Carolina. As a business owner, you’re required by law to show proof that you have the insurance before an employee can start working for you and whenever there’s a policy change (usually yearly). If your employer does not follow this law, the company will be breaking state regulations, and they could face hefty fines and fees for not having workers’ comp insurance.

Am I at Risk of Losing My Job if I Make a Worker’s Comp Claim in North Carolina?

Generally, no. In North Carolina, you cannot be fired for making a workers’ comp claim as long as the injury happened at work or because of work. There are some exceptions, though. First, you cannot be fired if your injury is considered a “personal injury” under state law and not “an occupational disease.”

 Second, you cannot be fired for filing a workers’ comp claim if your employer failed to carry workers’ comp insurance. Third, you cannot be fired for filing a workers’ comp claim if the injury happened because of your employer’s willful or wanton conduct.

How Can a North Carolina Workers’ Compensation Lawyer Help Your Claim?

2.7 million nonfatal workplace injuries were reported by employers in private industry, according to the Bureau of Labor Statistics. Sadly, some die as a result of their injuries, while others live with debilitating pain for the rest of their lives. North Carolina’s workers’ compensation laws provide employees who are injured on the job financial assistance to help with medical bills, lost wages, and time from work. But the North Carolina workers’ compensation system is complicated and confusing. Most workers will have a better chance of successfully navigating that process if they have a good lawyer helping them through it.

We represent injured workers in North Carolina at Oxner Permar Law. Many of our attorneys have been recognized as among the best in their fields after graduating from a prestigious law school. Attorneys at our firm specialize in guiding injured workers through the workers’ compensation system, helping them to obtain the maximum benefits they deserve.

Here is more:

When you are injured on the job, our workers’ compensation lawyers will help you file a claim to help you receive medical care and recover from any damages or injuries that have been done as a result of those accidents.

 We want to make it as easy as possible for those who need us by providing all of the information and resources they need at no cost. Everyone who works has a right to workers’ compensation benefits regardless of their employer or the type of injury they sustained. 

However, not everyone knows this fact. Some employers choose to take advantage of their employees by denying them benefits that are rightfully theirs. 

Our workers’ compensation lawyers are well equipped to handle situations like these. We know what information employers are required to provide, and we understand how the North Carolina workers’ compensation system works.

In some cases, an employer may only be interested in settling their case with you for a small amount of money. In order to make sure that you are getting the settlement offer that you deserve, it is important to have an experienced workers’ compensation lawyer on your side.

We Provide You With Free Case Evaluations

The process of filing a workers’ compensation claim can be complicated, and it is difficult for someone who has never dealt with this type of case before to know exactly how they should proceed. 

When you contact our firm, you will receive a free consultation where we will discuss the details of your case and give you an idea of what to expect. Our workers’ compensation attorneys can answer any questions you may have about the North Carolina workers’ compensation system, and they can also let you know what benefits you may be eligible to receive. 

The answer is simple, it depends on many factors including your work history, medical condition, and the severity of your injury. The average settlement for a workers’ compensation case varies greatly depending upon these factors.

The question then becomes how do I negotiate a settlement for a workers’ compensation claim?

There are several ways to approach this situation.  Below are just a few examples:

1) You can tell your employer or insurance carrier that you want to accept their offer because you feel that it is fair and reasonable. However, if you are not satisfied with the amount offered, you may decide you need the help of legal counsel.

2) You can call an attorney who specializes in workers’ compensation law and ask him/her to help you negotiate a better settlement. It is important to remember that attorneys are commonly paid when they win or settle your case, so they usually will only be willing to take on your case if they are confident they can add value.

3) You can wait until your doctor releases you from treatment and then contact an attorney for help. Your lawyer may be able to get a better deal for you based on the fact that he/she knows exactly where you stand medically.

4) You can refuse to sign any agreement until you have received a written explanation as to why the insurer is offering this figure. Then, you can either accept the terms of the agreement or reject it and contact an attorney.

 

You can try to negotiate a settlement yourself, but there are several reasons why this is difficult:

• You may not be aware of all of your rights are under the law.
• Insurance companies are not on your side and do not want to help you get the settlement you deserve.
• You may not yet know the extent of your injuries, and may not ask for enough to cover all of your ongoing medical expenses.  Doing so could leave you without enough money to pay your medical bills.
• You may not fully understand what you are being asked to sign.
• You may be asked to return to work before you fully heal.

What affects my workers’ compensation benefits?

Your worker’s compensation benefits depend on several factors.

Some considerations are:

1. The type of injury you suffered.

2. The severity of your injury.

3. Your work history.

4. The extent of your disability.

5. Any other factors that affect your ability to return to work.

6. The cost of your treatment.

7. The percentage of permanent impairment you suffer as a result of your injury.

8. Whether you have a preexisting condition.

9. Whether you were working full time or part-time when you got injured.

10. Whether you have received any prior awards.

11. Whether or not you have made any fraudulent statements about your injury.

12. Whether or not you failed to cooperate with your employer during the investigation of your injury.

When will I start receiving benefits?

Generally, you will start receiving benefits within a few weeks.

What happens if I don’t reach a settlement on my own?

If you are unable to reach an agreement with your employer and their insurance company on your own, you may need to contact an attorney for help.  All in all, workers’ compensation claims are complicated.  We hope you don’t need to contact an attorney to help with your claim, and that it all goes smoothly between you, your employer, and their insurance company.  However, if it does not, the best way to handle your case moving forward would be to hire an experienced lawyer to handle your dispute.

The experienced attorneys at Oxner + Permar, pllc are here to answer any questions you may have.

Connect with us today.

What happens after you get hurt at work? How much does workers’ comp pay? What should I expect from my claim? How long does it take to get paid?  Does your employer pay you or does it go straight into the state’s coffers? These are some of the questions you might ask yourself after being injured at work.

If you get injured on the job, more than likely, you’re entitled to workers’ compensation benefits. These funds are paid directly from the insurance company to cover medical expenses, lost wages, and other costs associated with recovering from your injury.

However, there are some things you should know before filing a claim, especially things that not everyone will tell you. Here are 9 workers’ compensation facts that you need to know.

1. Your Employer is Not Required to Pay for Medical Expenses

When you file for workers’ compensation, you may think that all of your medical bills will be covered by your employer. However, this is not always true. There are cases when you will get injured on the job but your employer won’t have to pay for any medical treatment. If you were injured in an auto accident, for example, the person who caused the accident may have their own insurance policy which covers their liability. In these cases, they won’t be required to pay for your medical care. You should then be aware of which injuries can actually be covered by your employer.

2. Your Claim Can Be Denied

While most states require employers to provide workers’ compensation coverage, it does not automatically mean that every worker has access to it. Some states allow companies to deny claims if they think the employee was partially responsible for his or her injuries. This could include situations where an employee gets injured while working overtime without proper equipment or breaks. Other times, an employee could be denied because he or she had a preexisting condition. When your claim is denied, you will receive a letter explaining why it was denied. It is important to understand what grounds your claim was denied so that you can appeal the decision when necessary.

3. It Doesn’t Guarantee Income After You Recover

Most people assume that once they start receiving workers’ compensation, they will continue getting checks every month. Unfortunately, this is not always the case. Many states don’t guarantee income after recovery. Instead, they only cover costs related to your injury. This means that even though you might have been able to return to work, you won’t necessarily make the same salary you used to earn before your injury.

4. There Are Limits On How Much You Can Receive

Your state may limit how much you can receive in total. In some cases, you may be eligible for partial payment. There are limits to how much you can receive per week, per year, or per lifetime. For example, if you were hurt at work and received $1,000 per week for three weeks, you would get $3,000. Your weekly benefit would then stop until your condition improved enough to no longer warrant treatment.

5. You Will Still Have to Report Your Injury

Even though your employer may not have to pay for your medical expenses, they still need to report your injury to the state so that they can keep track of how much you’ve received over time. This is necessary because the state will use your information to calculate how much you should receive each month.

6. You Don’t Have A Right To An Attorney

In many states, you don’t have a right to legal representation when you file a worker’s compensation claim. Instead, you must go through a dispute resolution process where you talk with an independent adjuster. An independent adjuster is paid by the insurer and is not affiliated with the company that hired them. He or she is supposed to investigate your claim and make recommendations about what kind of settlement you can expect. If you disagree with the recommendations, this may be a good time for you to contact an attorney.

7. As An Employee, You Have Rights Too

So don’t let them bully you into signing anything that you don’t understand. Also, keep in mind that it’s illegal for your employer to retaliate against you for filing a worker comp claim. That means that if they fire you or otherwise punish you for reporting an injury, they could be sued. In fact, some states have laws that protect employees who report injuries in good faith.

8. There Are Additional Options Besides Workers Comp

There are other options besides workers comp. For instance, you may qualify for Social Security Disability Insurance (SSDI). If that’s the case, you won’t have to worry about finding additional income. And you may be eligible for Medicaid as well. However, these programs aren’t perfect either. They require proof of disability and can take years to become available. Plus, your benefits may be reduced if you earn more than a certain amount. The bottom line? Make sure you understand all of your options before deciding which one is best for you.

9. The Insurance Company Is Not On Your Side

It is very likely that your employer’s insurance company is going to try to pay you as little as possible for your injuries.  They may try to make things confusing, or become difficult to communicate with.

As this happens, know that this may be a good time to call an attorney to discuss your options.

If you have questions about these 9 items, or anything else involving your workers’ compensation case, we are here to answer any questions you may have.  It is always free to talk to us.  You can call us at 336-222-2222, or email us at info@oxnerpermarlaw.com.