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North Carolina Workers' Compensation

North Carolina Workers' Compensation

North Carolina workers' compensation or workman's compensation law provides medical benefits and lost wage compensation for workers who have been injured on the job. North Carolina's work comp insurance is provided by the North Carolina employer to the North Carolina employee at no cost and provides benefits to the injured worker.

Currently, the North Carolina Industrial Commission, a North Carolina state agency, administers the North Carolina Workers' Compensation Act which was instituted to eliminate the need for injured workers to file personal injury claims to fight for work injury compensation.

Workers' compensation requires injured North Carolina employees to accept a limited monetary benefit while the North Carolina employer avoids a long, protracted legal battle. North Carolina workers' comp insurance is provided to the injured worker even if the employer was not negligent for the North Carolina workplace injury.


Hiring a North Carolina Employment Lawyer

North Carolina workers, who are injured on the job, may not need a North Carolina work comp lawyer if their company or insurance company is willing to fairly settle their claim, and the employee receives all the work comp benefits they are due.

Unfortunately, many employers may be less concerned with ensuring you receive proper medical care and adequate compensation and more concerned with saving money and closing work comp claims.

If your North Carolina work comp claim has been denied, if you have a severe or permanent workplace injury or if you have faced discrimination due to your work injury, contact a North Carolina employment attorney.

Need legal help getting benefits for your North Carolina workers compensation case? Simply complete our free form below to get started today!

Work Injuries covered under North Carolina Workers' Compensation

Workplace injuries which occur while the employee is performing their normal job duties are generally covered by North Carolina workman's compensation. Employees who suffer a workplace injury while they are intoxicated or while they are engaged in horseplay or who have attempted to intentionally hurt themselves or others may not receive North Carolina work comp insurance.

Common work injuries that are generally covered by workman's comp insurance in North Carolina can include the following: Bone fractures, Carpal Tunnel Syndrome, Hernia, Torn Rotator Cuff, Torn Meniscus, Bulging disc, Stroke, Concussion, Asbestosis exposure, Post Traumatic Stress Disorder (PTSD), Chronic Obstructive Pulmonary Disease, Cancer.


North Carolina Workers' Compensation Benefits

Medical Benefits - Whether an employee has been injured on the job in Raleigh, Durham, Goldsboro, Greenville, Kinston, Lumberton, Fayetteville, or Rocky Mount they are entitled to medical benefits paid for by their employer. Medical benefits include all treatments that are reasonable and necessary to treat or reduce a workplace injury including: prescribed medication, prosthetics, surgical costs, doctor's visits, hospitalizations and laboratory services.

Employers have the legal right under North Carolina work comp laws to require the employee to have an examination prior to treatment. North Carolina employees do, however, have the right to choose their own doctor, but they must be approved by the North Carolina Industrial Commission.

Under certain conditions the injured North Carolina employee also has the right to seek reimbursement for certain expenses including mileage, meals and lodging. Restrictions apply; talk to your employer for more information. Medical treatment may continue for as long as it is medically required. Payments may cease if the employee has a 2 year lapse in medical treatment.

Employees have the legal right under North Carolina work comp laws to require the employee to have an examination prior to treatment. North Carolina employees do, however, have the right to choose their own doctor, but they must be approved by the North Carolina Industrial Commission.

Under certain conditions the injured North Carolina employee also has the right to seek reimbursement for certain expenses including mileage, meals and lodging. Restrictions apply; talk to your employer for more information. Medical treatment may continue for as long as it is medically required. Payments may cease if the employee has a 2 year lapse in medical treatment.

Vocational Rehabilitation - Vocational rehabilitation may be available to North Carolina workers who suffer from a workplace injury. Vocational rehabilitation services vary by state but generally include job training, job placement, job counseling, and job modifications.

The goal of vocational rehabilitation is to help the employee return to their job as soon as possible or if they are not capable of returning to their previous employment, find a job which is suited to their current physical status.

Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to injured North Carolina workers who are unable to work for more than 7 days but who are expected to fully recover and return to their previous job. TTD benefits are paid at 2/3 of the injured worker's average weekly wage, up to the state's maximum allowable amount.

Temporary Partial Disability Benefits (TPD) - Temporary partial disability benefits (TPD) are offered to North Carolina employees who have been injured and are able to return to work but unable to make the wage they were making prior to their North Carolina workplace injury.

Temporary partial disability benefits are equal to 2/3 of the difference between the worker's average weekly wages up to the maximum statutory amount allowed. TPD benefits are paid up to 300 weeks from the date of the North Carolina work injury.

Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) are paid to injured employees who have reached their maximum medical improvement level but continue to have some type of permanent impairment to a specified body part.

PPD benefits can be paid to the employee for a specified time period for their permanent impairment, regardless of their wage earning capabilities. The treating physician will determine the percentage of the employee's physical impairment. If the employee suffers total loss of a specified body part they will receive 2/3 of their average weekly wage multiplied times a scheduled number of weeks for the body part.

Under some conditions, if the employee is unable to earn their pre-injury wage they may have the option to choose temporary partial disability benefits. Employees who are not satisfied with their impairment rating may be able to request another impairment rating from a second doctor.

If an injured employee is left with facial scars or other severe and permanent loss of the function of an important organ they may receive additional "disfigurement" payments.

Total Permanent Disability Benefits (TPD) - Total and permanent disability benefits (TPD) may be given to employees who are injured and unable to return to any type of employment. TPD benefits are automatically given if the employee loses or suffers total loss of both of their arms, feet, legs, eyes and hands. TPD benefits may be paid for the duration of the employee's life.

Death Benefits - Death benefits may be paid to the surviving beneficiary of a deceased employee who dies from their workplace injury or occupational disease. The death must have occurred within 6 years from the date of the work injury or within 2 years from the date of the final disability determination (or the latter of the two).

Death benefits are paid at 2/3 of the deceased employee's average weekly wage, and the death benefit claim must be filed within 2 years from the date of the deceased employee's death.

A surviving spouse is generally eligible for death benefits until they remarry or die. Dependent children may be eligible for death benefits for 400 weeks or until they turn 18 years of age. Burial expenses may also be paid up to the state's maximum allowable amount, which is currently $2,000.

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