Just as the name suggests, workers’ compensation is designed to help protect workers and provide medical and financial help to employees who have been injured while at work. The employee is provided this assistance in return for agreeing to not sue their employee – even if the accident is the employee’s fault. In North Carolina, this is covered under NC general statute 97-1.
However, workers’ compensation also benefits employers in North Carolina as well. The employer is helped by the fact that the employee agrees not to take the company to court – and also agrees to accept limited liability. And the employer is not generally cited for negligence or fault in these situations.
In general, workers’ compensation provides financial help for lost income, which is based on reports provided by your employer – it may also cover for any lost overtime and bonuses. Typical injuries covered by the act include back and head injuries, repetitive motion injuries and exposure to toxic substances.
Depending on the extent of the workplace injury, there are several different types of compensation available and you may be expected to choose from various options presented to you. Temporary or permanent disability payment pays a percentage of your income – usually around 70% of your earnings.
Medical expenses cover the cost of treatment, prescription and physical therapy and there is also no co-payment required for the medical benefits. You are also allowed to be reimbursed for mileage to and from the doctor or hospital in excess of ten miles one way or twenty miles round trip.
If you are injured in your workplace, there are some things you should do to ensure the compensation process is as quick and easy as possible. Notify your employer of the injury – in writing and within thirty days – even if the injury seems minor. Be sure to include the names of any witnesses. If necessary, seek medical attention and be sure that the physician addresses the fact that you aren’t able to return to work.
File your claim, using the appropriate paperwork, with the North Carolina Industrial Commission. The rules can vary, but generally in North Carolina, you must file within thirty days of the date of the injury – there are different rules concerning the time in which you may file for claims for occupational disease. You may have to file forms with your company as well.
Your claim will then almost certainly be investigated and you should cooperate fully with the investigation. Make sure you appear at any scheduled appointments, provide whatever paperwork is requested and obtain any recommended medical treatment. You are also entitled to see copies of your medical records.
If you do seek medical help and are then released by your physician with no medical restrictions, the law gives you a 45 day window in which to return to work. If you are cleared to return to work with medical restrictions, the law allows you to return to work within a nine month window. And if your injury is such that you are unable to return to work, be sure to notify the Commission so as to continue receiving benefits.
Medical benefits covered under North Carolina workers’ compensation law generally end two years after the date that they were last provided. It’s possible to have them extended by filing the correct paperwork with the Commission – in some cases you may be eligible for lifetime medical care.
If you find yourself in the position of requiring workers’ compensation, always consult an attorney experienced in this area. You can also obtain more information and help from the NC Industrial Commission.
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