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How to Get Workers Compensation in North Carolina

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

How to Get Workers Compensation in North Carolina

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:

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  • 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?

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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. 

How to Negotiate a Settlement in Workers’ Compensation Claims

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.

Negotiate a Settlement in Workers' Compensation

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:

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  • 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.



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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.


3 Best Questions To Ask When Hiring a Workers Comp Lawyer

If you or someone you love has been injured on the job, it is important that they have legal representation. so you should consider hiring a workers’ comp lawyer.

A workers’ comp lawyer can help them navigate all of their rights and responsibilities under the law. However, just because you need a workers’ compensation attorney doesn’t mean you should settle for the first one you find online. If you do that, you may end up being injured in other ways, especially financially.

You’ve probably heard stories of workers’ compensation lawyers who take advantage of their clients. Some even charge exorbitant fees or don’t provide adequate representation.

If you’re considering hiring a workers comp attorney, you should be vigilant. Nonetheless, to do so can be a complicated process given the history of worker’s compensation. To help you navigate this process, we have laid out three main questions you should ask a workers’ comp lawyer before hiring them and before you sign anything.

asking questions when hiring a workers comp lawyer

1. How long has he/she worked in the field?

The longer an attorney has worked as a workers’ comp lawyer, the more likely they are to know what is best for your case. It may be a cliche saying, but in workers comp cases, experience is key. They will also understand how the system works and what is required to get you the benefits you deserve. The downside is that it takes time to build up experience. It could take years to become well-versed in this type of law.

In addition, if you hire an inexperienced lawyer, there is a good chance that you will not receive proper representation despite employers’ requirements to carry worker’s compensation insurance. This means you could miss out on some of your compensation. If you choose to go without representation, you will lose your right to sue for damages. That’s why you should consider asking about their experience.

In North Carolina, your first stop should be the NC State Bar.  Here, you can check to make sure the attorney has passed the bar and is licensed to practice law.


2. Does he/she specialize in workers comp?

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It’s always better to hire a specialist than a generalist. Generalists usually lack the knowledge needed to properly handle your claim. There are many things you need to understand about workers’ comp claims, such as:

  • What kind of medical treatment is available?
  • Who pays for the medical care?
  • When can I return to work?
  • Do I qualify for disability?

You can expect to receive the highest level of service from specialists. They can answer these types of questions and give you clear answers.   North Carolina has a specialization just for workers’ compensation attorneys.  You can find Certified Workers’ Compensation attorneys on the state bar’s website.  Oxner + Permar, pllc has multiple attorneys on staff with this specialization.

Specialists will be able to answer all of these questions. Furthermore, they will be able to explain everything to you clearly. This way, you will know exactly what you are getting into.


3. What is his/her success rate?

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Many people think that all attorneys are the same. However, this couldn’t be further from the truth. Some attorneys are willing to settle cases for less than they are worth. Others may try to convince clients to accept offers that aren’t worth anything.

If you want to avoid being taken advantage of, then you need to make sure that you hire someone with a proven track record. If you cannot find anyone who has won numerous cases, then you should probably look elsewhere.

If you hire an attorney with a poor reputation, you will not receive the best possible outcome.

Nonetheless, winning most cases is not the sole standard for the success rate of a workers’ comp lawyer. You should also look into how those cases were won because this could help you determine if he/she is capable of handling your case. Knowing how the workers’ comp lawyer won cases could also be a measure of whether you will be able to actually work with him or her for your case. Sometimes, lawyers and clients have different agendas which can cause problems in the future. Add to that, you should also consider the workers’ comp lawyers’ skill set and overall demeanor.


In conclusion, it is very important to ask yourself these three questions before hiring a lawyer or even a law firm. By doing so, you will ensure that you receive the best representation possible. This is especially true if you are dealing with a complex case.  Not every lawyer is qualified to deal with these types of cases.

Nonetheless, it is still wise to seek advice from other sources before making a final decision. This article could be a great and reliable starting point, but there are also other questions that are necessary for you to ask. You should take the time to research those questions and ask the workers’ comp lawyer you are thinking of hiring. The key is to not rush into anything just because you want immediate results.

Speaking to a workers’ compensation attorney at Oxner + Permar, pllc is always free and confidential.  Call us today to speak to an attorney about your case.  We can answer any questions you may have at 1-800-319-9000.

9 Workers Compensation Facts No One Tells You But You Should Know

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.

workers compensation facts to know when filing

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

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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.

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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.







Does My Employer Have To Carry Workers’ Comp Insurance?

Workers' Compensation

I often hear potential clients say their supervisor told them they do not carry workers’ compensation insurance or that there is no way to file a worker’s comp claim. Although there are a few exceptions, in North Carolina employers who employ three or more people are generally required to carry workers’ compensation insurance.

This appears to be a tactic that employers use to try and decrease the number of claims that are filed in an effort to keep their insurance rates from rising. Unfortunately, a lot of people will take their supervisor’s word for it and not file a claim.

The longer someone waits to file a claim, the more damaging it may be to their claim or benefits. If your employer ever tells you that they do not have workers’ compensation insurance, it is best to consult with an attorney to determine if this is true as you may still be entitled to benefits in the event that your employer does not carry the required workers’ compensation insurance.

If you have been hurt on the job and are not sure if your employer carries workers’ compensation insurance, please give us a call for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience to help defend your rights.