Suffering an injury at work can be a traumatic experience. Not only does a worker have to deal with the injury and the necessary medical treatment to heal the injury, but also the additional paperwork required by their employer and the potential NC Workers Compensation claim. Along with these headaches, many employees have preconceived notions about the following myths surrounding the NC Workers Compensation process.
Workers’ Compensation Means Suing My Employer
This is a common misconception that many of our clients believe to be true when they come into their initial consultations. Since NC Workers Compensation is insurance coverage that covers workplace injuries, there is a possibility that a claim will be denied by the insurance company. When this happens, a worker files a claim (not a lawsuit) with the North Carolina Industrial Commission. This ensures that the work will receive an administrative hearing process (not a civil or criminal suit) on their NC Workers Compensation claim. In essence, this process ensures that the injured worker is given the appropriate opportunity to have their claim heard through an adequate due process means.
I Won’t Be Able to Collect NC Workers Compensation If It Was My Fault
Yet again, this is a common misconception that seems to be especially prevalent among many injured workers. Although the injury may or may not have been a result of a worker’s mistake, North Carolina has stipulated that NC Workers Compensation is a No Fault system. This means that as long as the injury meets all the requirements of a proper NC Workers Compensation claim, it does not matter who or what caused the injury.
All The Proper Paperwork Will Be Filed By My Employer
Generally, this is not true. Although some employers may advice a worker on the NC Workers Compensation process and ensure that all the necessary paperwork is filled out and submitted, many employers only look out for their own interests. By law, an employer is only required to file a Form 19 with the North Carolina Industrial Commission. This form is the employers perspective and report of the injury suffered by the employee. In order to be able to file a claim, a worker has to be sure to file notice with their employer and fill out and submit a Form 18 with the North Carolina Industrial Commission.
Damages for Pain and Suffering Will Be Awarded By a NC Workers Compensation Claim
Many workers believe that if they have suffered a severe injury, they are entitled to damages for their pain and suffering. This is not true. Although a worker may collect payment for medical treatment, lost wages, and other various forms of compensation, pain and suffering is not covered.
If you or someone you know has been injured while at work, you should Contact Us for a free Workers Compensation 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.