Are all job-related injuries compensable?

No, in order to be compensable, there must be either an “injury by accident” or an “occupational disease.” In some circumstances – such as when you are doing your normal job in your normal manner – your injury may not be compensable even though it occurred on the job.

What should I do if I am injured on the job?

You should notify your supervisor immediately and ask to fill out a written accident report. You should then follow up – either on your own or with the assistance of an attorney – and file a Form 18 with the North Carolina Industrial Commission. This way your claim is opened even if your employer did not file the appropriate forms.

Can my employer fire me because I got hurt on the job?

It is against the law for an employer to fire or demote an employee for filing a valid workers compensation claim; however, unfortunately this does occur. If you are fired because you filed a workers compensation claim, you must act promptly to preserve your legal rights.

What if someone else caused my injuries while I was at work?

In some situations – such as when an employee is driving as part of his job and is involved in an accident caused by someone else, there can be both a workers compensation claim and a “third party” civil claim against the person who caused the injury. Those cases can be complicated because of the workers compensation carrier’s “subrogation” rights, including the right to be repaid what it has paid in workers compensation benefits. An attorney can minimize those issues and ensure that you can keep more of your settlement with the third party.

What benefits does an injured worker receive?

Typically, an employee is entitled to receive medical treatment for his or her injuries, plus pay at two-thirds of his average weekly wage for time out of work, except there is NO pay for the first week out of work UNLESS the employee misses a total of 21 days or more of work. In addition, an employee is entitled to a lump sum payment if he or she has a permanent disability to a body part after recovering from the injury.

How do I learn more about the Workers Compensation system in North Carolina?

The North Carolina Industrial Commission is the agency that oversees workers compensation in our State. The Industrial Commission has a website that contains a wealth of useful information:
www.comp.state.nc.us/

Or, contact our firm at (919) 401-0062 and ask to speak to a workers compensation attorney. All initial consultations regarding injury claims are free.