Although the majority of workers in North Carolina are covered under Worker’s Compensation insurance, many have no idea what it is or how it works. In North Carolina, Worker’s Compensation is put in place and governed by N.C. General Statute Chapter 97. In Chapter 97, North Carolina sets forth the structure of Worker’s Compensation insurance and establishes the government agency that administers Worker’s Compensation – the North Carolina Industrial Commission.
Worker’s Compensation is a mandatory insurance policy that employers purchase that covers injuries suffered by workers in the workplace. Generally, in order for Worker’s Compensation to apply, a worker must have:
- Suffered an injury at work while working in the course and scope of their employment; or
- Suffered an occupational injury or disease that is related to and caused by the employment;
Although this seems to cover a lot of different injuries, North Carolina Worker’s Compensation does not however cover every single injury suffered in the work place.
What Does Worker’s Compensation Cover?
Generally, Worker’s Compensation covers all medical treatment for the injury suffered. However, any and all medical treatment must be directly and proximately traceable to the injury. This means that if you have suffered a leg injury, you cannot get coverage for an unrelated neck injury.
Additionally, if a worker’s injury is severe enough to cause disability, Worker’s Compensation will provide a variety of disability benefits, based off of the nature and severity of the disability. This could be anything from partial, full, or temporary disability. If disability is shown, a worker can collect up to two-thirds of their gross wages from prior to the injury depending on the classification of their disability.
Worker’s Compensation Claim Issues
Generally, the reason most workers end up hiring an attorney is because their employer attempts to refuse their Worker’s Compensation claim. This is done by the employer by claiming the injury didn’t occur at work or is not as severe as the worker claims. By doing this, the company attempts to avoid an increase in their monthly premiums and rate hikes that a costly payout will cause.
If you or someone you know has been injured while at work, you should Contact Us for a free consultation. By contacting an experienced Worker’s Compensation attorney, you will receive valuable legal advice and an experienced guide through the complex Worker’s Compensation process.
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James Minick is a criminal defense attorney in Asheville, NC and is the owner of Minick Law, P.C.