Introduction
Workers’ compensation for employees who suffer work accident injury can be confusing. In fact, for the many Charlotte employees affected by accidents at work each year, workers’ compensation can be very complicated. For example, last year alone there were over 68,000 reported injuries at work.
In order to ensure that you receive the maximum amount of benefits for your work accident injury, it is very important to know the system for workers’ compensation and to know how to maximize your workers’ compensation claims.
In addition, choosing the right lawyer for your work injury as well as being prepared for the process of obtaining the full benefits that you deserve for your workplace accident can be tricky.
However, by taking control of your situation, we can assist you in receiving all of the benefits that you are entitled to.
Understand North Carolina Workers' Compensation Laws and Benefits
Dealing with the effects of an injury at work can be a confusing process and most employees have little knowledge of how workers’ compensation in North Carolina works. The system of employees’ compensation is a no-fault insurance system that pays for the illness or ailment that an employee has suffered as a result of his/her job. The benefits provided under the system of employees’ compensation are:
- Medical Expenses: All of your medical expenses are covered while you are receiving benefits for your work injury. There are no co-payments and you are not responsible for any deductibles while you are receiving compensation for your work injury.
- Temporary Total Disability (TTD): This benefit is designed to pay an injured employee for the loss of wages while the employee is unable to work due to his/her work injury. The payment for this benefit is equal to 66 2/3% of the employee’s average weekly wage up to a maximum set by statute (currently $1,446 per week in 2026).
- Permanent Disability Benefits: Your permanent impairment from your workplace injury is worth money, and you will be compensated for it.
- Vocational Rehabilitation: Claimant has been permanently disabled from working and he/she needs to be placed into a rehabilitation program to retrain claimant in job for which he/she is physically suited to perform in order to return to work.
The amount of benefits for ailments and conditions caused by work will vary depending on the work’s insurance that the employee’s company has. You should familiarize yourself with North Carolina’s Workers’ Compensation plan. North Carolina Workers’ Compensation is governed by the North Carolina Workers’ Compensation Act (Chapter 97). The injured worker must report the injury within thirty (30) days of the incident. The Form 18, Notice of Accident to Employer and Request for Medical and Compensation Benefits must be filed within two (2) years of the date of the incident that caused the employee’s injury or ailments. In 2023, there were over 68,000 reported workplace injuries in North Carolina alone. There are many safeguards in place to protect North Carolina employees that have suffered work-related injuries. Such protections include laws that prohibit employers from taking any adverse action against an employee for a request for workers’ compensation benefits. To learn more about how you can receive the compensation that you deserve for your work-related injury, contact Whistleblower Lawyers for a free, no-obligation consultation. We work on a contingency fee basis, which means that there is no charge for representation unless a successful outcome is achieved for our clients.
Choose the Right Workers' Compensation Attorney in Charlotte
Here are a few important factors to consider when choosing a personal injury lawyer to handle your case and help ease your physical suffering while dealing with your legal situation.
- Experience Matters. If you’re looking for a Charlotte NC Workers Compensation Attorney, he or she should have extensive knowledge of Workers Compensation Law and experience handling a case similar to yours.
- The Attorney’s Reputation. Read all of the online reviews and attorney testimonials. Find out from other clients what type of experience they had with the attorney and their staff.
- Communication. What type of communication can you expect from your attorney? Will he or she be available to speak with you throughout the case and keep you updated on the current status of your case?
- Don’t miss out on the Free Consultation! It’s your chance to ask the attorney the questions you have and understand how he/she intends to handle your case.
Choosing the right Charlotte NC workers compensation attorney for your work injury claim is critical to receiving the full benefits you deserve in your work injury case in 2024. The average amount of settlement for employee claims in NC can vary dramatically from case to case and it is important to choose the best attorney to ensure that you are receiving the highest amount of compensation for your personal injuries in your work place injury case in NC.
Prepare Effectively for Your Workers' Compensation Case
Many workers can get bogged down in the time-consuming and complicated process of preparing for the workers’ compensation process following an injury. In this article, the author discusses the ways in which being prepared will aid a worker in their recovery and in consulting with a Charlotte NC workers compensation attorneys for their work injuries.
- Tell your employer about your injury: Within 30 days of an occurrence, tell your employer that you were injured. Often, workers have trouble getting compensated for their on-the-job injuries only because an inordinate amount of time has passed. The compensation was intended to aid workers whether or not an employee was at fault. In many cases, a Charlotte NC workers compensation attorneys can assist in workers’ compensation matters to get their rights.
- Get Medical Help ASAP & Keep Track of ALL Treatment: In order to recover from your work injuries, you must receive proper medical care right away. In order to ensure that your workers' compensation claim is approved to pay for your medical treatment, it is very important to keep a record of all of your medical treatment.
- Document Everything: All correspondence with your employer and the workers’ compensation insurance company for your employer must be fully documented for your workers’ compensation on-the-job injury claim.
- Submit the Correct Workers Compensation Forms: The forms to be completed and filed with the North Carolina Industrial Commission for a workers compensation claim for an on-the-job injury are the Form 18. The Form 18 must be filed by the claimant within 30 to 90 days from the date of the injury and documentation must be provided to the Industrial Commission within that time frame as well.
By following the outlined steps to file a claim for workers’ compensation for your on-the-job injury, you are ensuring that you are doing everything you can to protect your rights as an employee. And, if necessary, our team of Charlotte NC workers compensation attorneys at Vasquez Law Firm can help to navigate the often-complicated process of workers’ compensation on your behalf. Note that the claimant may be required to undergo an examination by a private investigator after a request for benefits of a larger nature has been submitted by the claimant. We recognize and respect the hard work and dedication of all construction workers. We are here to assist you in obtaining the compensation that you need for your work related injuries.
Avoid Common Mistakes in Workers' Compensation Claims
Maximizing your chance of a successful claim involves avoiding many of the mistakes made by other injured workers. The consequences of mistakes with your workers’ compensation claim could affect your future for years to come.
- Report your work place injury immediately. Wait even a few days to report your work place injury and the insurance company will argue that the accident did not happen at work.
- Documentation problems. Poor documentation of your work injuries, your treatments and all of your communications with the workers’ compensation adjuster can cause huge problems in your case and lead to a denial of your workers’ compensation claim by the insurance company.
- Follow the treatment prescribed by your doctor. If the treatment does not cure your injury, or if it makes your condition worse, you must report this to the insurance company immediately.
- Be careful what you say about your case. Workers’ compensation claims can be affected in many ways when workers mistakenly believe many myths about workers’ compensation. Social media and other statements about your claim with others (except your attorney) can also harm your case.
By avoiding the mistakes of other injured workers and following the steps above to ensure you are protecting your rights to workers’ compensation benefits for your on the job injury, you can maximize your chance of achieving the best results in your case. In fact, the statistics show that reporting your workplace injury as soon as possible and keeping a complete and accurate record of all of your treatment as well as all of your communications with the workers’ compensation insurance adjuster is critical to successfully achieving your full workers’ compensation benefits.
Conclusion
You or a loved one has suffered an injury at work and are struggling through the sometimes complex process of the workers’ compensation system. You have questions regarding the benefits to which you are entitled and the process for reporting an injury in a timely manner.
NC workers compensation benefits such as medical treatment, temporary total disability benefits and vocational rehabilitation when needed are outlined. Documentation required to prove a workers compensation claim as well as communication with employers and their insurance companies are reviewed. Also, common mistakes and how they can hurt your workers compensation claim are highlighted.
Injured workers and their families need their workers’ compensation claim to be maximized in order to recover from their work place injuries. The Vasquez Law Firm has many years of experience representing workers in workers’ compensation claims throughout North and SC Carolina. Our firm is bilingual and operates on a flexible payment plan in order to serve all individuals needing legal representation for their work place injuries.
Frequently Asked Questions
What is the purpose of North Carolina's workers' compensation system?
The purpose of North Carolina's workers' compensation system is to provide a no-fault insurance system that pays for illnesses or injuries suffered by employees as a result of their job.
What benefits are provided under North Carolina's workers' compensation?
The benefits include coverage for medical expenses, Temporary Total Disability (TTD) payments for lost wages, compensation for permanent disability, and vocational rehabilitation for those permanently disabled from working.
How are medical expenses handled under workers' compensation?
All medical expenses related to the work injury are covered while receiving benefits, with no co-payments or deductibles required from the employee.
What is Temporary Total Disability (TTD) and how is it calculated?
TTD is a benefit that compensates injured employees for lost wages while they are unable to work due to their injury. The payment is equal to 66 2/3% of the employee’s average weekly wage, up to a maximum of $1,446 per week in 2026.
What should an employee do if they are injured at work?
An injured employee must report the injury within thirty (30) days of the incident and file Form 18, Notice of Accident to Employer and Request for Medical and Compensation Benefits, within two (2) years of the incident date.
Are there protections for employees who request workers' compensation benefits?
Yes, there are laws in place that prohibit employers from taking adverse actions against employees who request workers' compensation benefits.
How many workplace injuries were reported in North Carolina in 2023?
In 2023, there were over 68,000 reported workplace injuries in North Carolina.
What should someone do to learn more about receiving compensation for a work-related injury?
To learn more about receiving compensation, individuals can contact Whistleblower Lawyers for a free, no-obligation consultation. They operate on a contingency fee basis, meaning there is no charge unless a successful outcome is achieved.
List of Sources
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- Choose the Right Workers' Compensation Attorney in Charlotte
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- Avoid Common Mistakes in Workers' Compensation Claims
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