Who Is Eligible for Workers’ Compensation in Charlotte, North Carolina?

The state of North Carolina enforces some of the most robust workers’ compensation laws in the country, requiring most employers to have workers’ compensation insurance coverage. However, not all employees are covered, and not all workplace injuries are covered even when employees technically qualify to receive workers’ compensation benefits. In fact, workers’ compensation laws in North Carolina are some of the most complex in the country. Therefore, if you or a loved one suffers any type of workplace injury, it is crucial to know your rights and what to expect from the claim filing process.

One of the first challenges you will face in the workers’ compensation claim filing process is proving your eligibility to file a claim. Some employers intentionally misclassify their workers to avoid paying for workers’ compensation insurance; others directly interfere with their employees’ claims filed in good faith. Even if an employer is agreeable and facilitates their injured employee’s claim, the insurance company could raise disputes unexpectedly.

A Charlotte workers’ compensation attorney is an invaluable asset for anyone facing the aftermath of a work injury. The right attorney can help determine your eligibility for filing a workers’ compensation claim, both in terms of your classification under your employer and the details of how your work injury occurred.

Determining Eligibility for Workers’ Compensation Benefits

The first step in determining your eligibility to file a workers’ compensation claim is to review your employee classification. For example, if you are an independent contractor, you do not qualify for workers’ compensation under North Carolina law. Similarly, if your employer is an agricultural business with fewer than ten employees or if you work in domestic care, you would also be exempt from workers’ compensation. If you have any doubts concerning your eligibility based on the type of work you do for your employer, an attorney can clarify your employment status and eligibility for workers’ compensation.

The second step is reviewing how the injury happened. In most cases, if an employee caused their own injury, they would still qualify for workers’ compensation benefits. However, if they caused the injury because they intentionally violated workplace safety rules, worked under the influence of drugs or alcohol, or caused their own injury through horseplay in the workplace, these factors could disqualify them from workers’ compensation benefits.

Ultimately, every injured worker could face many different legal challenges as they seek compensation for the losses they suffered. Workers’ compensation is meant to function as a safety net for injured employees, but unfortunately, the system often presents unexpected challenges. Therefore, if you want to have the greatest chance of success with an impending workers’ compensation claim, it’s a good idea to invest in trustworthy legal counsel to guide you through the claim process.

FAQs

Q: Who Is Not Eligible for Workers’ Compensation?

A: State law requires most employers to have workers’ compensation, but a few types of employees are exempt. Independent contractors and domestic care employees are exempt from workers’ compensation coverage, and agricultural employers with fewer than 10 employees are not required to have workers’ compensation insurance. If you are unsure whether you are covered or if your employer is required to have workers’ compensation insurance, it is important to consult an attorney with your concerns.

Q: Does Workers’ Compensation Pay for Pain and Suffering?

A: No, workers’ compensation only covers medical expenses and a portion of lost income resulting from a workplace injury, even if the injury was very painful and traumatic. However, if your injury was the result of a third party’s actions, you could have grounds for a civil suit in addition to your workers’ compensation claim. This is another reason it is crucial to find legal counsel you can trust after a workplace injury.

Q: Do You Have to Pay Taxes on Workers’ Compensation?

A: No, workers’ compensation benefits do not qualify as income, so they are not taxed at the state or federal levels. If you have grounds to file an additional third-party personal injury claim, the proceeds from this civil suit would not be subject to taxation, either. The only exception would be if you received punitive damages in a civil suit. Your other damages aim to repay a loss and therefore do not qualify as income, but punitive damages are awarded to punish a defendant and typically qualify as taxable income.

Q: How Much Is My Workers’ Compensation Case Worth in Charlotte?

A: If you meet all the procedural deadlines for your claim and have the right attorney representing you, a successful workers’ compensation claim should yield full compensation for all your medical expenses as well as a portion of your lost income. The amount of benefits you receive depends on the overall severity of your injury and whether you face long-term or permanent medical issues because of it. Your attorney can provide an estimate of your claim’s total potential value.

Q: What Will It Cost to Hire a Charlotte Workers’ Compensation Attorney?

A: The attorneys at Ayers, Whitlow & Dressler take workers’ compensation cases and personal injury cases on a contingency fee basis, so our client only pays a legal fee after we win compensation on their behalf. There is no fee at all if we are unable to secure compensation for your damages, and when we do take a fee, it will only be a portion of the total amount we recover on your behalf. This policy means there is no risk in hiring the legal counsel you need for your workers’ compensation case.

NC Worker’s Compensation Attorneys for Your Injury

The attorneys at Ayers, Whitlow & Dressler have years of professional experience helping clients in Charlotte and throughout the state with their work injury claims. We know how challenging it can be for the average person to confront the legal proceedings that typically follow a workplace injury and the many questions you are likely to have in this situation. If you believe you have grounds to file a workers’ compensation case or have questions about your eligibility to file a claim, contact us today and schedule a consultation with our team.