North Carolina Workers' Workmen's Workman's Workerman or Workermens Compensation
Someday someone should do a sociology study on the evolution in the name of the workers' compensation system. Many folks in NC still refer to it as "workmans" compensation, and a few as "workmen's" comp. The issue has so much history that the North Carolina General Assembly included the following language in the NC Worker's Comp Act. § 97‑1.1. References to workmen's compensation.Any reference in any act, public or local, to the "Workmen's Compensation Act," "Workmen's Compensation," or "workmen's compensation" shall be deemed to refer respectively to "Workers' Compensation Act," "Workers' Compensation" or "workers' compensation." Regardless of what you call it, if you have questions about North Carolina workers' comp laws contact me for a free consultation with a NC attorney.
Can an employee receive workers' comp in NC if he was at fault in the accident?
I read an article on-line the other day describing an employee of a large laundry company who died when he fell into an industrial dryer. Readers were asked to comment on the story, and I was sadly not surprised to read a string of posts blaming the worker for his own death and questioning why workers' comp should pay. While this was not a NC workers' comp case I do hear that all the time. Workers' compensation is a tradeoff. Simply stated, employers are required to provide only limited wage replacement and medical benefits, and injured employees do not have to show fault. In North Carolina, injured workers receiving workers' compensation benefits receive only two-thirds of their Average Weekly Wage while they are out of work. There is no compensation for pain and suffering or for the general inconvenience of being injured, as there is in the tort system. On the other hand, an injured NC worker can receive workers' comp even if he caused his own injury. Ideally, workers' compensation is designed to be a system offering expedited basic benefits to the employee at a reasonable cost to the employer. The underlying concept is that "industry should be responsible for its own wreckage." Whether the workers' comp system in NC actually functions that way now is certainly up for debate. Please feel free to email or call to discuss you NC workmans comp claim with a North Carolina workers' comp attorney.
Role of a lawyer in a NC workers comp case.
I frequently get asked by potential NC workers' compensation clients how much time a client can expect to spend with me versus somebody else in my office. I think lawyers need to talk to clients about every important issue in the case and not push that off on a paralegal or assistant. If you are injured on the job in North Carolina, you are already going through a lot. The last thing you need is a bunch of second and third hand miscommunications.You should speak with a lawyer about your workmans comp claim before you hire them. It sounds simple enough, but it is amazing how many people tell me they called a law firm and the decision whether to take the case or not was made by someone who does not practice workers' compensation law in North Carolina. My paralegal plays a critical role in my office. But she does not decide which cases to take or how to proceed with a claim. A workers comp attorney just has to find the time to talk with his clients. If you have questions about you on the job injury in North Carolina please contact me for your free consultation.
North Carolina Workers' Compensation Laws
So, what are the sources of North Carolina workers' comp laws? There are several. First, workers' comp, or workmans comp, is a creature of statute. The North Carolina General Assembly established the system for administering the workers' comp system and tweaks it from time to time. The laws directly relating to workers' comp are found in Chapter 97 of the North Carolina General Statutes. Second, the appelate courts, which include the North Carolina Supreme Court and the North Carolina Court of Appeals, hear appeals from the North Carolina Industrial Commission and interpret those statutes. Third, the North Carolina Industrial Commission administers the workers' comp act, making decisions about each case presented. Industrial Commission opinions and awards, their decisions, are available on their website and are informative as to how a particular issue is treated. Finally, the Industrial Commission adopts its own rules for administering claims.For information about your North Carolina workers comp claim, or for a free consultation from a NC workers' comp attorrney, please email or give us a call.
Testimonial
I received the following recommendation from a former client yesterday. I am glad I could help her.Dear Kevin,I just wanted to send you a note to thank you for the great job you did for me. I have heard so many negative things from others about how they hire a lawyer and can never reach them. I have to say that there was never a time that I could not reach you. I know I had alot of questions and I have to say that between you and your wonderful secretary JoAnn, I had every question answered. I also want to thank you for working so hard on my case and reaching an amout that far exceeded my expectations. I would never hesitate to recommend you as an excellent lawer. Thank you for all that you and JoAnn did.For your questions about North Carolina workers' compensation injuries or for a free consultation with a NC workers' comp lawyer, call us.
What is a "rating" in a North Carolina workers' comp case?
I frequently get calls from injured NC workers asking about a "rating" so I want to take a few minutes and talk about what that means. To receive indemnity benefits for a North Carolina workers' comp claim, a worker generally has to show that he or she is not able to work. Certain injuries however are presumed to be disabling under the North Carolina Workers Compensation Act. These injuries are set out in North Carolina General Statute § 97‑31, and are listed below, in edited form.When an injured employee with one of these injuries reaches Maximum Medical Improvement, their authorized treating physician may assign a disability rating to that body part. That rating, multiplied by the compensation rate and the number of weeks assigned to the body part gives the 97-31 benefit for a workers' compensation claimant. For example, someone with a back injury might be rated as follows: 10% Rating x 300 weeks (number of weeks for a back) x $400 (a hypothetical compensation rate) = $12,000.I is more often than not a mistake for an injured worker to accept payment for their rating. I can think of only two circumstances when my clients have done that. Both were situations where the client had returned to work at full duty with no complications for a long time, and did not anticipate further medical treatment. Injured workers claiming workers' comp on NC have a variety of options for dealing with their disability. Accepting a rating is rarely the best one.If you have questions about you NC workmans comp claim please email or call for your free consultation.NOTE: Special rules may apply to the loss of part of a body part. Also, note that I have edited some other special rules out of these ratings.Thumb 75 weeks.First finger 45 weeks.Second finger 40 weeks.Third finger 25 weeks.Fourth finger 20 weeks. Great toe 35 weeks. Other toe 10 weeks. Hand 200 weeks. Arm 240 weeks.Foot 144 weeks.Leg 200 weeks.Eye 120 weeks.The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of G.S. 97‑29. Complete loss of hearing in one ear 70 weeks; for the complete loss of hearing in both ears, 150 weeks.Serious facial or head disfigurement, the Industrial Commission shall award proper and equitable compensation not to exceed twenty thousand dollars ($20,000).Other serious bodily disfigurement not otherwise compensable, the North Carolina Industrial Commission may award proper and equitable compensation not to exceed ten thousand dollars ($10,000).Back (which includes neck) 300 weeks. In case of the loss of or permanent injury to any important external or internal organ or part of the body for which no compensation is payable under any other subdivision of this section, the Industrial Commission may award proper and equitable compensation not to exceed twenty thousand dollar
Employer misclassification as it affects injured NC workers and their compensation claims.
Attached at the bottom is an interesting article about employer misclassifications. Misclassification occurs when an employer designates a person who is an employer as a contractor for workers' comp purposes. Another type of misclassification is reporting workers jobs as other than what they really are in an effort to reduce workers' comp costs.Misclassification is workers' comp fraud and affects injured NC workers as well as the honest employers. Honest employers who accurately report their employees end up paying the freight for the less honest ones. Employees who are injured on a misclassified job may find their claims denied or their wage contested. Feel free to contact us for a free consultation about your NC workmans comp claim or injury.http://www.lexisnexis.com/Community/workerscompensationlaw/blogs/workerscompensationlawblog/archive/2010/03/27/employee-misclassification-tops-enforcement-list-in-2010.aspx
Will new health plan affect workers' comp in North Carolina?
The short answer is yes, but right now there is no way to know exactly how. There have been estimates that workers' compensation payments account for about 3% of the total spending on medical treatment nationwide. Congress focused on the big issues here, and to my knowledge did not specifically address workers' comp in North Carolina, or otherwise. There will certainly be some indirect effect of this new legislation on injured North Carolina workers. To the extent that the new plan reduces chronic illnesses and conditions like obesity that often combine with workplace injuries to create a disability, it will certainly help. Same thing with reducing medical errors. A more real change may be in providing injured workers the opportunity to keep their health coverage after losing their jobs. We shall see. For question about NC workers' or workmans compensation injuries or claims, feel free to call for your free consultation. Kevin Bunn, North Carolina Workers' Comp. Attorney.
Should I hire a lawyer in my NC workers' comp case?
I deal with the question of whether or when to hire an attorney in a workers' compensation case in North Carolina in an article on the website. But I would like to reinforce the point here. Several months ago I was contacted by a very nice gentleman, we will call him Sam, who had hurt his back while on the job in NC, and his employer was trying to settle. Sam considered hiring me to help him with his workmans comp case, but finally decided to "go a different way." I assumed he had hired another lawyer, as I had encourage him to do, if he decided not to hire me. I just heard from Sam that his injury is much more serious than his workers' comp doctor had told him. Unfortunately, Sam had settled his case without getting a lawyer. The lesson is, you should seriously consider hiring a NC workers' comp lawyer if you are considering settling your claim. Let us know if we can help with your NC workers' comp case.
High Unemployment Affects NC Workers' Comp Claimants
According to the N.C. Employment Security Commission, North Carolina's unemployment rate climbed to 11.1 percent in January, which is the highest in 34 years. For the first time in the North Carolina history more than 500,000 workers were unemployed.A lack of available high-quality jobs affects injured North Carolina workers in at least two ways. First, as employers look to cut payroll, they often look first for some excuse to get rid of injured workers. Second, high unemployment makes it difficult for NC workers' comp claimants to find suitable employment to return to in the marketplace. Many injured workers are unable to return to their pre-injury employment after surgery or medical treatment and with fewer jobs out there it is harder to find replacement work.If you, a friend, or a family member have been injured while working in North Carolina or for a NC company, please contact us for your free workmans comp consultation. Kevin Bunn represents injured North Carolina workers in their NC workers' compensation claims before the NC Industrial Commission.
