North Carolina Workers’ Compensation Questions

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What is workers’ compensation?

Workers’ compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit or court proceedings.

What kinds of injuries are covered under workers’ compensation law?

Almost any kind of physical injury or disease is covered by workers’ compensation. An injury or condition you already had will not qualify unless it was aggravated or made worse on the job.

What are my employer’s responsibilities under workers’ compensation laws?

Employers are required to purchase insurance for their employees from a workers’ compensation insurance carrier. When a worker is injured, a claim is filed with the insurance company, who pays medical and disability benefits according to a state-approved formula. Unless they fall within limited, exempt categories, employers without workers’ compensation insurance are subject to fines, criminal prosecution and civil liability.

If an employee is receiving workers’ compensation benefits, but returns to work, does the employee still get to receive benefits?

The answer to this question is “maybe.” If returning to work enables the employee to receive wages equal to or greater than he or she was earning before the injury, then it is likely benefits will be stopped. If, however, the employee is still experiencing a wage loss due to the on-the-job injury, he or she may continue to receive wage loss benefits.

Under a no-fault system, can an employee recover workers’ compensation benefits, no matter what he or she did to cause the injury?

No. Although most injuries are covered by workers’ compensation, that does not mean that employees have free reign to injure themselves, or act in any manner in which they choose, and then collect benefits.

I was injured on the job, but the injury was caused by someone with no connection to my employer. What are my rights?

You still have the right to receive workers’ compensation benefits. In addition, you may be able to bring a separate lawsuit against the party who caused your injuries.

My employer and I disagree about my workers’ compensation benefits. What can I do?

Workers’ compensation laws provide an opportunity for a hearing if you and your employer, or your employer’s insurer, cannot resolve a dispute. While it is not required, it is a good idea to be represented by an attorney at this hearing. Contact a workers’ compensation lawyer at Ward Black Law today to discuss your claim

Do I need an attorney?

You have the right to be represented by an attorney of your choice concerning your work-related injury. Your attorney will assist you in seeing that your benefits are properly protected. An experienced workers’ compensation attorney will represent your employer, and you should have Ward Black Law representing you. Contact us today.

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