Who Can Receive Workers’ Compensation Benefits?
All full-time employees who work in a company where there are three or more full-time employees must receive Workers’ Compensation Insurance.
You will find this law in place across all 50 states, including North Carolina.
However, the rules of Workers’ Compensation may vary from state to state. We are providing information on Workers’ Compensation in the state of North Carolina.
To understand who can receive Workers’ Compensation, you must fully understand what it is and the benefits it may or may not provide you should you become injured or ill due to your job.
The one thing to remember is that no accident happens without an element of negligence by you or someone else.
Workers’ Compensation is a type of insurance for employees. If you should, unfortunately, suffer a work-related injury or become ill on the job due to the job, you can file for workers’ compensation to help pay for the expenses that this injury caused you.
The reason behind Workers’ Compensation is for the protection it offers the employee and employer. This insurance pays for illnesses and injuries should this happen to you while you are on the job. Unexpected and negligent accidents and injuries can cause mounting medical bills and a host of other costs associated with your accident. This insurance helps to pay these costs.
North Carolina has laws in place that companies must follow. Businesses must operate within the state regulations governing the Workers’ Compensation laws of that state.
Workers’ Compensation is like a big umbrella that protects employers from being sued by an injured employee. This insurance provides ongoing care to an employee for a workplace illness or injury that is job-related.
The employee who must take time off from work due to a workplace injury can still meet their bills and feed their family as Workers’ Comp pays two-thirds of a regular weekly salary or approximately 60 percent of your weekly paycheck. The time frame of payment depends on your injuries and recovery period.
If the victim should die due to work-related illness or injury, Workers’ Comp helps survivors pay for funeral and end-of-life costs.
Workers’ Comp is in place to pay for repetitive work-related injuries, medical costs, and all expenses related to the injury. Some insurances pay for retraining the injured employee for another job. Some comp cases pay for life. However, this is rare and there is usually a cutoff point for continued payments. Our question is,
What do you do when payments stop and they are not enough to sustain you for the rest of your life if you can never work again?
If you are injured on the job through an injury or illness and the injuries are severe, Workers’ Comp pays disability benefits for extended periods up to 500 weeks or nine and a half years. While this sounds good, it is not an income for life.
What do you do when benefits stop and at the end of nine and a half years and you cannot work?
What Does NC Law Say about Workers’ Compensation Claims?
North Carolina has outlined explicitly in their laws disability definitions. We need to figure out which disability applies to you and the length of time your recovery takes to establish the benefits available to you. We must determine if what is being offered to you is enough. Usually, it is not.
There are four categories of disability definitions under the North Carolina Workers’ Compensation Laws.
Permanent Partial Disability (PPD)
- Permanent partial disability happens when you suffer permanent partial loss of a body part.
- You suffer pain and suffering.
- Doctors must tell the commission if there is no possibility of total recovery and your disability is permanent.
Permanent Total Disability (PTD)
When you sustain life-changing injuries and the doctors tell you that your injuries caused you permanent and total disability, you could receive compensation for the rest of your life.
You will not be able to work again, so what do you do for income?
Insurance companies do not want to pay a victim indefinitely. We can help calculate your income and medical expense needs into the future.
PTD happens to a victim of a work-related accident or illness where there is a,
- Loss of multiple limbs
- Loss of sight
- Permanent paralysis in your limbs or trunk
- Severe brain injury
- Spinal cord injuries
- Severe organ damage
- Severe burns to more than one-third of your body
We have the formula to help calculate your compensation and ensure you receive all you deserve. Compensation usually calculates two-thirds of your general weekly income.
Again, compensation can pay you up to 500 weeks, which is the maximum you can receive from your comp benefits.
What do you do when your 500 weeks end?
Your benefits and specifics of your compensation case all hinge on your injuries, such as type and extent. However, insurance companies will not pay you more than they absolutely must. For this reason, you need us by your side.
Our seasoned lawyers know how to fight insurance companies and their attorneys. When it comes to paying out more money than insurance companies want to pay to negligent accident victims, they have a bag of tricks they use to keep settlements low or non-existent for the victim.
We know how insurance companies utilize certain tricks so they do not have to pay you. We can stop them in their tracks. We are not afraid to go up against the big insurance companies for you and we are proud to protect your victim’s rights.
We are not afraid to fight these insurance companies and their attorneys. We always try to settle out of court. However, there are times when out-of-court negotiations do not work. If our negotiations do not get you the settlement you deserve, we are always prepared to fight for your rights in a court of law.
Temporary Partial Disability
In these cases, your doctor has said that you could return to work in some capacity. However, you may not be able to return to your previous job.
Your employer may force you to take a drastic pay cut. You may not be able to work only a few days per week, and perhaps you cannot work full days. Perhaps you can only work a few hours. You can only do what you can do.
It is possible to apply for TPD benefits so that your benefits pay for the salary difference. Your benefits continue until you are completely healed and you can return to your previous job. We stand ready to help you.
How Long Will Workers’ Compensation Last in NC?
How long your compensation benefits last depends on your work injuries. If your injuries are severe and life-altering, you could expect to receive benefits for the rest of your life. This may be difficult to achieve without a seasoned attorney by your side.
However, in many instances, your benefit payments may only last a period before they stop. Usually, the cut-off time is 500 weeks, which equals about nine years and six months.
Many different time limits and facts determine how long you receive compensation benefits. This is one of many reasons why you need a seasoned negligent attorney working for your rights as soon as you sustain your injuries or illness.
Whatever the commission decides in your permanent or partial disability case, North Carolina law provides deadlines for the compensation amounts you can receive. For example, if you lose one finger you can receive up to 75 weeks of benefits.
If you lose a complete limb, such as a hand, fingers, arm, leg, or foot, you could receive up to 240 weeks of compensation.
You do not have to accept what the insurer details as your level of impairment, your unique disability, or your level of impairment. You have the right to defend your disability, and your personal facts may tell a different story.
We always make sure you receive as much compensation as possible. We are experts at fighting the commission, their attorneys, employers, and insurance companies. We fight for fair and equitable settlements.
We make sure no one short-changes your accident and what your accident costs you. Our legal team will remain at your side forever if you desire. We ensure that you will receive more significant benefits matching your injuries.
Sometimes the injured employee succumbs to their injuries and dies; our fight for you is not over. In such cases, we continue to fight for your family’s rights to receive fair and just compensation and death benefits.
Workers’ Compensation Depends on Injury/Illness Types
When you sustain injuries on the job due to the negligent actions of someone else, give your attorney a call to help you through the Workers’ Comp process.
When you sustain injuries or illness in a workplace accident, you need to call your attorney as soon as you are able. A lawyer whose expertise is handling negligent accident/death cases is the specific attorney you need for this case.
Take pictures and document everything you can think of pertaining to your accident. File an incident report with your employer and a compensation benefits claim as soon as you can.
The first call to us is free, and there are no obligations unless you hire us to represent you in a compensation case. We collect no fee for services from you unless we win your case. We can calculate your compensation benefits and our fee in the total amount we win for you.
There are many types of injuries and an unlimited list of unique situations causing workplace injuries. Your lawyer must hear the facts and weigh the right path for you.
- Workers’ compensation pays for your wages for a set period of time, paying for loss of wages, medical care, and more. Workers’ compensation still offers limited provisions.
- File a lawsuit that covers all of your losses due to someone else’s negligent actions. Filing a lawsuit against a negligent entity ensures that you will have adequate money to pay for all injury-related costs, including income for life.
There can be a limitless list of costs for every negligent accident. These costs cover past, present, and future medical expenses and expenses related to reaching your highest level of functioning should your injuries be life-changing.
Factors Related to Workers’ Compensation
Specific facts determine whom Workers’ Compensation covers in North Carolina. Workers’ Compensation depends on the job description, the size of the company, and if the company has three or more employees.
North Carolina comp laws state that most full-time employees require Workers’ Compensation insurance unless the employee falls into a category that does not require them to buy Workers’ Compensation insurance.
Who Can Receive Workers’ Compensation Benefits in North Carolina?
The business owners who must provide Workers’ Comp for their employees are those companies with three or more employees. Corporations, sole proprietorships, limited liability companies, and partnership companies must provide Workers’ Compensation insurance.
While business partners of a company are generally exempt from having Workers’ Comp, they can obtain this insurance coverage after meeting specific requirements.
When Can an Employer be Held Responsible for Negligent Injuries?
Employers who hire subcontractors can become liable for accidents and injuries should the subcontractor sustain work-related injuries or illness. The subcontractor can sue that company for damages if they do not have Workers’ Compensation coverage.
Employees for a company who are unlawfully employed, part-time employees, seasonal employees, and temporary employees are not required to be covered under Workers’ Compensation. However, if any of these employees receive job-related injuries, illness, or death, the employer can be sued for compensation.
Who Does Not Have to Provide Workers’ Compensation Insurance in North Carolina?
- Companies with three or fewer employees
- The agricultural industry with less than ten employees
- Specific logging and sawmill operations
- All domestic employees
- Casual employees
- Federal government employees
- Railroad employees
- Corporate officers (can be excluded if they choose, but are still considered employees to determine if a company has three or more workers.)
Responsibility of North Carolina Employees When Injured in a Work-Related Accident
Sustaining injuries while at work on the job means you must report your accident to your employer within 30 days. Generally, it is best to report any accidents/injuries at the time of the incident. You need to see the company’s doctor as soon as possible after the incident.
- North Carolina says workers’ compensation must be filed by the victim with the State Industrial Commission. Filing a claim must happen no more than two years after the date of the accident or illness to file, the sooner the better.
- Documentation must detail and prove that your job caused this injury or illness.
- You must show a relationship with your employer.
- You must show that your injury or illness caused your unexpected expenses.
- These expenses must be covered by the North Carolina Workers’ Compensation Association. Your negligent attorney can help you.
Responsibilities of the North Carolina Industrial Commission
Once your compensation claim is approved, the NCIC processes all medical bills. This commission oversees the Medical Fee Schedule and details how much providers can charge you for their medical services.
What are the Financial Risks for the Injured Employee?
When Should a Negligent Attorney be Called?
Frequently, we see medical providers recommending treatment (s) that the Workers’ Compensation does not want to pay. Your attorney can help you recoup your losses when Workers’ Compensation fails to meet your rehabilitation needs.
If, while at work and on the job, you are injured due to your job, and your injuries are severe, you may face an uncertain future. All the clients we take under our wing pose the same relentless questions to us. These are legitimate worries for victims.
- Can I ever work again?
- Can I return to my job as before?
- How do I support myself and my family?
- Will I lose my house and car?
- How can I pay for all of the unexpected costs that my work-related accident/illness caused?
- Where will my income come from so I can continue to pay my bills and feed my family?
- Will my Workers’ Compensation run out, and will I run out of money?
We are seasoned and experienced at helping clients recoup their losses from unexpected negligent work-related accidents. If death occurs to the victim, we fight hard for the rights of the survivors.
The Complex World of Workers’ Compensation in North Carolina
Due to the complexity of North Carolina’s Workers’ Compensation laws, it is always wise to seek the services of a seasoned negligent accident attorney.
It is best if you gave us a call as soon as possible after your work-related accident so we can hear the facts of what happened. We will guide and direct you through the Workers’ Compensation process and far into the future.
We will protect your employee rights to a fair and equitable settlement to sufficiently cover all past, present, and future work-related costs.
As soon as you hire us to help protect your employee rights, we get to work for you. Our goal for you is to do what your doctors recommend and heal. We do not want you to worry about anything or have to deal with insurance companies and other attorneys hired by your employer and its insurance companies. Refer all calls to us and never accept a settlement from an insurance company before speaking with us. Once you do this, your case is closed for good.
We Cannot Help You or Your Family Until You or They Call Us
As soon as you are in a work-related accident, please call us as soon as possible. Never think that you can navigate this system alone without legal help.
The system is too complex and complicated. And, know that no one is working for your best interest when assigning money to victims, indeed not the insurance companies. Please have a close and trusted relative call us if you cannot. If you cannot come to us, we will come to you. We cannot get to work for you until we hear the facts of your accident and injuries. You need help to file your Workers’ Compensation claim.
We want to hear your story and help you through the Workers’ Compensation process and beyond if your benefits should stop paying you what you deserve. We want to ensure no one infringes on your victim’s rights, which frequently happens when injured employees do not have a seasoned negligent attorney by their side.
We will guide you through your Workers’ comp claims, which are complicated and tricky. We help you address all the claim questions so that your answers do not keep you from claiming the compensation you deserve.
Insurance companies, company lawyers, and employers can take advantage of your situation. Never consider any of these people your friends, because when it comes to money, the amount you receive is not usually enough to cover your losses when your situation is dire and your injuries severe and life-changing.