Today, we interviewed Benjamin Cochran, our Managing Partner, workers’ compensation and personal injury lawyer based in North Carolina. We have chosen to delve into the most commonly asked inquiries regarding workers’ compensation.
If you have any questions that are not covered here, please feel free to ask them in the comments or contact us.
Must an injured worker notify their employer of a work-related injury?
Pursuant to N.C. Gen. Stat. §97-22 the injury must be reported to the employer within 30 days of the accident, unless it can be shown that the employer had knowledge of the injury. The Industrial Commission also may within its discretion allow the claim to be filed as long as the employer was not prejudiced by the delay.
Should an injured worker allow their employer or its workers’ compensation insurance company to record a statement regarding the accident?
It is almost always customary for the insurance carrier to require a recorded statement. It is usually permissible for an injured employee to give a recorded statement, however, if for any reason you have knowledge to believe that the insurance carrier questions the circumstances surrounding the events of your case you may need to consult an attorney prior to agreeing to provide a recorded statement.
Is there a period of time after which my claim is no longer open?
If you have a workers’ compensation claim and you receive only medical treatment and do not lose any time from work then your claim will close within 12 months of the last date of medical treatment paid for by the workers’ compensation carrier. If you received weekly benefits due to your injury then your claim will close two years from the last date of compensation received.
Is a worker who sustains an on-the-job injury entitled to compensation if the injury causes disfigurement?
Yes. N.C. Gen. Stat. §97-31 allows for compensation for disfigurement if there is no other compensation payable under the statute for that injury. If the disfigurement is to the face or head then the law allows up to a max amount of $20,000.00 for the disfigurement. If the disfigurement is to any other body part then compensation may be payable up to $10,000.00.
What is a “third-party” case?
If you are injured on the job and suffer a compensable injury wherein it was due to the fault of another party other than the employer then you may have a cause of against that “third-party.” If that is the case then the workers’ compensation carrier may also have a lien in this matter. The amount of their lien is limited to medical treatment and disability benefits that they have provided for you by way of your workers’ compensation claim. In order to resolve the third-party action you will need to address this lien with the workers’ compensation carrier. It may be possible to have the lien waived by the carrier or extinguished by a Superior Court Judge.
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Can an injured worker be harassed or fired for filing a claim for workers’ comp benefits with the North Carolina Industrial Commission?
No. It is against the law for an employer to terminate an employee for filing a workers’ compensation claim. This is covered by both state and federal laws.
Must an injured worker notify their employer of a work-related injury?
Pursuant to N.C. Gen. Stat. §97-22 the injury must be reported to the employer within 30 days of the accident, unless it can be shown that the employer had knowledge of the injury. The Industrial Commission also may within its discretion allow the claim to be filed as long as the employer was not prejudiced by the delay.
I have been employed at a company for three months and my supervisor is harassing me to the point where I can’t sleep at night and my family is being affected. Can I file a claim?
No. Workers’ compensation only offers compensation for injuries that are the result of a work related. As of right now, the courts have not recognized employer harassment for the above circumstances as a compensable workers’ compensation injury.
What if I have to change my line of work because of a workers’ compensation injury?
If you are unable to return to your previous position due to your work related injuries then the North Carolina Workers’ Compensation Act allows for the injured employee to be placed in vocational rehabilitation to be provided by the workers’ compensation carrier. A vocational rehabilitation counselor will be assigned to help the injured employee find suitable employment.
What should I do if I get injured on the job?
If you are injured on the job the very first step is to notify your supervisor. Make sure that an accident report is filed with the appropriate personnel of your employer. Even if your injuries are not serious you must still report your injuries as they become more problematic at a later date and failing to report them may hinder your claim. In addition if you need medical treatment then request it when you file your report with you employer.
Related Articles:
- Can You Get Workers’ Compensation If You Get Hurt on Your First Day
- What to Do in The First 30 Days After a Work-Related Injury
- Steps to Take When Filing a Workers’ Compensation Claim
Where do I go for treatment for my injuries?
Under the North Carolina Workers’ Compensation Act the insurance carrier has the right direct the medical treatment. You must find out from either your employer or your insurance carrier where you need to seek treatment. If they will not provide you with treatment then you can seek treatment on your own and then request that the Industrial Commission name this physician as your treating physician.
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What if I am unable to return to my job due to my injury?
If you are unable to return to your previous position due to your work related injuries then the North Carolina Workers’ Compensation Act allows for the injured employee to be placed in vocational rehabilitation to be provided by the workers’ compensation carrier. A vocational rehabilitation counselor will be assigned to help the injured employee find suitable employment.
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