Raleigh, North Carolina Workers Compensation

Workers' compensation refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in statutes.  These vary somewhat from state to state. In addition, there are special, federal workers' compensation laws for employees of the federal government and other specific types of industries.

The workers compensation or "workers' comp" lawyers help injured workers and families in North Carolina deal with the painful consequences of a job-related accident or death. Work related injuries or illnesses that may trigger workers' compensation coverage in North Carolina include:

Amputations in factories and industrial settings
Asbestos exposure and occupational diseases
Asthma and other work related pulmonary conditions
Back, knee, neck, shoulder and head injuries
Burns, electrocution, and other injuries suffered in fires or explosions
Chemical burns and toxic chemical exposure
Construction site accidents
Dangerous and defective tools
Disfigurement and scarring
Slips and falls
Eye injuries and hearing loss problems
Work-induced emotional and psychiatric problems related to physical injuries
Work-induced heart attacks, hypertension, or work-induced strokes
Wrist injuries such as carpal tunnel syndrome

An employee must give notice to his employer of an injury on the job by filing a written notice. This notice of an accident should be filed within 30 days of the date of the accident. The absolute limit for filing a written notice is two years.

The injured worker is often taken advantage of because they do not know their rights. Your Raleigh employer may not tell you of all the rights you have and the insurance company is strictly concerned with minimizing the cost of your claim. This means you may not have all the available information regarding job retraining, overtime pay benefits, wage differential benefits, statute of limitations, notice requirements, repetitive traumas, maintenance payments when being retrained and settlements.

Raleigh Worker’s Compensation benefits may include:
-Medical treatment
-Temporary disability
-Permanent disability
-Vocational rehabilitation

After missing 7 days consecutively form work, an injured worker may be entitled to temporary total disability compensation. TTD is paid weekly, and this amount, also known as the compensation rate, is 66% percent of the injured worker's average weekly wage. An injured worker is also entitled to have his medical treatment arising from the at work injury paid for by the Worker's Compensation insurance company; however, the Worker's Compensation insurance company generally has the right to direct the medical treatment. Related prescriptions and reimbursement for mileage for medical treatment may also be payable to the injured worker.

After a person has reached maximum medical improvement, the treating physician assigns a permanent partial disability rating to the particular part of the body that was injured. The worker is paid for his or her permanent partial disability based on a numerical formula laid out by statute. Additionally, there are alternative ways to calculate the compensation a person is due for his or her permanent partial disability.

The description above is a very brief summary of the Worker's Compensation system. However it does point out that person's benefits are specifically limited under the Worker's Compensation Act. Because the benefits available are limited, it is extremely important that an experienced attorney help you to evaluate and maximize your claim.

A few other important things to know:

-If you are receiving Social Security benefits, long term disability benefits or some other type of compensation for your disability, there may be an offset or reduction in your benefits if you also receive workers' compensation benefits. It is important that you see an attorney to make sure that you are receiving the full benefits to which you are entitled.

-You do have the right to ask the Industrial Commission for permission to see a doctor of your choosing. However, if you are treated by your own doctor without getting permission, you may jeopardize your benefits. You should seek legal assistance or contact the Industrial Commission if you have a question about changing doctors or getting a second opinion.

-There are different ways to "settle" workers' compensation claims. One type of settlement is called a compromise settlement agreement, commonly known as a "clincher" agreement. Signing a clincher agreement means you give up all rights to future workers' compensation benefits in exchange for a sum of money. Other types of agreements are completed on Industrial Commission Forms 21 and 26. If you sign one of these forms, your workers' compensation case may remain open but you will be giving up certain rights and the rights you retain will be limited in time. An experienced attorney can help you decide whether you are making a decision that is best for you.

-There are rules governing what medical and vocational rehabilitation professionals can and cannot do in your case. For example, you have a right to a private medical examination and you have a right to be present when the rehabilitation professional speaks with the doctor, except in special circumstances. For further information about these regulations, follow the previous link to the Industrial Commission website.

Dealing with the workers' compensation system can be very stressful. Not only do you have to deal with the stress of your injury but you also have the hassle of dealing with an insurance company, your employer and medical providers. You are probably worried about whether you will receive your benefits and whether you are protecting your rights. You may be having difficulties supporting yourself or your family because of your injury. Contacting the right lawyer can help you address these issues in the way that is best for you.

If you have been injured at work you have a right to workers' compensation benefits and you may want to consider contacting a Raleigh lawyer.  Even if you are already receiving benefits, it may be to your advantage to consult an experienced Raleigh attorney to ensure that you are receiving the maximum benefits available under the law.

Contact us for Workers Compensation representation in: North Carolina

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