Most workers will sustain some form of injury while on the job. If you are injured at work in North Carolina it is important to take a few sensible steps to avoid losing important rights under NC workers’ compensation law and to protect yourself from being responsible for medical expenses.
Make a note of any witnesses to the accident, especially if they are not people you know. Get the name and address of any bystanders who may have seen the accident. If appropriate take pictures of the place you were injured. Be sure any relevant evidence is secured.
Immediately notify your employer of your accident and your injury in writing, and file your claim with the North Carolina Industrial Commission. It is best for an injured worker to file a Form 18 with the NC Industrial Commission within thirty days of the accident. The worker should provide a copy to the employer. At a minimum an injured employee should provide written notice to the employer stating when and how the injury occurred. Be aware that not all on-the-job injuries are covered by workers’ compensation. Take care in how you describe the accident.
Get the medical treatment you need. Hopefully your employer’s workers compensation insurance company will provide medical treatment as required by NC workers’ comp law. If not, use your health insurance. Be clear with your doctor about how you got injured. Follow all of your doctor’s instructions. Be sure to get any physical or work restrictions IN WRITING EVERY TIME YOU GO TO THE DOCTOR. Give your employer a copy of any work restrictions and see if they will be able to accommodate them.
Talk to a North Carolina workers’ compensation attorney. If you have serious injuries, are out of work for a significant period of time, are not receiving timely communications from your employer or their workers’ compensation carrier, or if your claim is denied, you should speak with a NC workers’ comp lawyer. An experienced NC workers’ compensation lawyer can help you understand your rights.
WERE YOU HURT AT WORK IN NORTH CAROLINA? Workers’ compensation, sometimes call workman’s comp or workmen’s comp, is the system for compensating people who have been hurt at work in North Carolina. The system is established by Chapter 97 of the North Carolina General Statutes and administered by the North Carolina Industrial Commission. Generally, for… Continue Reading
NC WORKERS’ COMPENSATION AND CHILD SUPPORT Child support is frequently one of the tricky hidden issues in a North Carolina workers’ compensation claim. Under North Carolina law, “no claim for compensation under (the Workers’ Compensation Act) shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors and from… Continue Reading
Governor McCrory announced yesterday that current Commissioner Staci Meyer of Wake County, NC, will replace Pamela Young as chair of the North Carolina Industrial Commission. Commissioner Young resigned as chair recently so the Governor could choose a replacement. The Industrial Commission administers the North Carolina Workers’ Compensation Act and holds hearing on NC workers’ compensation… Continue Reading
Sadly, the NC Senate pushed forward yesterday with approval of dramatic changes to the NC unemployment insurance program. A final vote is expected today, after which the bill will be sent to Governor McCrory, who has said he will sign it. The Senate voted 36-13 to pass the bill. The bill reduces the maximum weekly… Continue Reading
The North Carolina Senate in an unprecedented move proceeded with legislation that would fire all current Full Commission members of the North Carolina Industrial Commission. The legislation would also fire all of the members of the Utilities Commission, Environmental Management Commission, Coastal Resources Commission, Lottery Commission and the Wildlife Resources Commission. In addition, the bill… Continue Reading
In a disquieting display of anti-worker sentiment the North Carolina General Assembly is in the process of ramming through seventy pages worth of drastic revisions to North Carolina’s unemployment compensation system. The Committee considering the bill reportedly allowed four minutes of debate. After passing several unemployment tax cuts for business during good times the chickens… Continue Reading
According to an article in the Raleigh News and Observer by Mandy Locke it looks like the NC General Assembly is going to put forward some additional workers’ compensation reforms this session. The first proposal is one I have discussed before, which is to make employers’ workers’ comp insurance information public. It is simply good… Continue Reading
State Workers Worry About NC State Workers’ Compensation Study I recommend this article on the NC state workers’ compensation study by Billy Ball in the Indy Week online magazine. I am not sure I agree with Mr. Cope that this is a “simple compensation study about longevity pay.” … Continue Reading
Linking Workers’ Comp Medical Reimbursements to Medicare Rates. Good idea? Florida’s Office of Insurance Regulation just released its annual workers’ compensation report. Note that it calls for linking medical reimbursements to some percentage of the Medicare rates. This has been discussed among workers’ comp lawyers in NC but I have no reason to think it will go… Continue Reading
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