North Carolina, like most states requires that every employer with at least three employees must also offer workers’ compensation. Workers’ compensation isn’t a new concept. It was established decades ago to provide medical care for employees who are injured while at work. Workers were often injured at work without any recovery options other than their own pocket and personal care. Many suffered permanent disabilities in the early years, and were unable to earn an income without any safety net.
Except for a few exceptions, such as domestic work and farming, as well as shipping and railroad company, all employees and managers are covered by employers. This requirement is set forth in Chapter 97 of North Carolina General Laws and is similar to those in other states that have similar requirements for workers. The North Carolina Industrial Commission is the regulatory agency that oversees the application.
North Carolina Modern Worker Protection
Most employees are first exposed to workers’ comp through notices posted prominently in lunch areas and common hallway bulletin boards. When you first started working for an employer, you might have been given a copy of the workplace injury policy and references. These details include information about workers’ compensation, the medical providers that the employee should go to if they are injured, as well as who to contact in case of an injury. However, most people don’t understand the terminology until they have to file a claim.
Workers’ compensation in North Carolina is more than just a route for an injured worker to receive medical attention. Employers pay for the program. It covers lost wages and income due to injuries, particularly when doctors prescribe restricted work conditions or require that the patient be absent from work. It addresses most of the common issues such as medical cost responsibility, compensation for permanent injury, travel to medical appointments and work-related rehabilitation. Workers’ compensation provides financial support for the immediate family in the event of a worker’s injury or illness. This fund is often used to pay for burial expenses.
Bad decisions can lead to problems
Some employers try to limit employee rights by denying them medical attention, filing claims or even filing claims. This misguided logic assumes that workers’ compensation insurance costs will rise if there are too many claims filed by the employer. Employers can avoid unnecessary costs by reducing reporting and responding. This strategy is illegal in reality.
Other cases create ambiguity that can pose a problem for employees who are hurt. This interpretation issue is based on the definition of an “accident”. Technically, North Carolina doesn’t require employers to pay for medical expenses or other responses that are not related to an on-the job injury. On-the-job injuries include the loss of a finger while using manufacturing equipment. Slipping in the company corridor and breaking your hip bone when you impact it would be an example of a problem injury that is not directly related to work. Employers argue that they are not responsible because the hip injury was not directly related to work.
What to Look Out For and How an Attorney Can Help
For injured employees, it is important to not try to sue the employer. It’s time for legal representation to be hired who is trained and qualified in holding employers accountable under state law. The ideal situation is for the employee to communicate as little as possible about the matter and to speak with a lawyer about it. The employer could use any other communication to support their claim of denial of coverage.
Workers’ compensation is very complicated. There are deadlines for documentation that must be submitted. If an employer requires that forms be completed, employees must complete them by the deadline. The employee can consult their attorney about how to proceed.
The third step is to be ready for an investigation into the incident. All information must be reviewed in order to participate in workers’ comp. This includes the records of any treatment received. A claim cannot be filed if an employee refuses to disclose such information. Workers must be ready for scrutiny. Workers’ compensation cases are not private.
How to File Your Injury Claim The Right Way
An attorney can assist you with all of the above, and help guide your responses throughout the workers’ comp claim process. An attorney can accompany you at investigation interviews to explain what evidence was gathered. Counsel can help interpret documentation and explain what records your employer has. They will also be able to assist you with any medical issues. Qualified counsel can assist with the preparation, submission, and appeal of your claim, as well as any appeals if a denial is made. Many claims are denied because there was no injury. This mistake can be avoided early and save workers a lot of frustration.
Sumwalt Anderson Law Firm handles workers’ ‘ compensation in Charlotte cases where workers in Charlotte, N.C. were unfairly denied medical protection or recovery for work-related injury. Even if the original claim was denied, we can help you with appeals and resolve the matter. For a free consultation, give our team a shout. Employers are not obliged to provide for your needs. There is no reason to make you suffer from injuries, pain, or income loss.
The post When should you hire a compensation lawyer in Charlotte, NC was first published on Attorney At Law Magazine.