Do You Have A Workers' Compensation Question?

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     Workers are injured while working all the time. Employers who have two or more full time employees are usually required to carry workers’ compensation insurance to cover injuries to their workers that occur during the course of employment.

     Unlike other forms of litigation, an injured worker does not have to prove that his employer’s negligence caused his injury. He must only show that his injury occurred during the course and scope of his employment. In exchange for not having to prove fault against the employer, the employee usually may not sue the employer even if the employer or a fellow employee was negligent in causing the accident. (The employee may, however, usually sue a third party who causes such an accident negligently while the employee is in the course of his employment).

     Workers’ Compensation law is state law and there are a number of rules and regulations which cover claims that are made against employers. The rights of an injured worker include the right to receive payment for all necessary and reasonable medical expenses, including diagnostic tests and treatments. If a worker suffers a disability, whether permanent or temporary, partial or total they are entitled to a certain percentage of their salary for a certain period of time thereafter. If a worker is killed as a result of a work-related injury, his family is entitled to a certain number of weeks of his salary.

     Along with the rights accorded you as a worker, the Workers’ Compensation statutes impose certain obligations and requirements upon you in making a workers’ compensation claim. These include a requirement that you report any injury to a supervisor in a certain amount of time (usually 30 days) after the accident happened. They also include a requirement that you fill out a special form (Form 18) and return it to the employer. It is very important that you fill out this form carefully and completely and timely return it to the employer.

      If your company has an employee handbook, it should tell you how to make such a claim and to whom the claim should be reported. You should get a copy of the filled-out form back from the employer with your employer or supervisor’s signature on it to confirm the date the form was submitted and what it said. Your employer has 14 days to either begin paying you benefits or to deny your claim. At that point, you will have a certain amount of time to file a claim with the North Carolina Industrial Commission to contest the denial.

     If you have suffered an injury on the job that has kept you out of work for more than 7 days, you should consult with a lawyer experienced in Workers’ Compensation law to see what you need to do to assure that you get the full amount of compensation to which you are entitled. We have attorneys with such experience who would be happy to assist you. Call now.

 

 

 

 

 

 

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