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Hurt while breaking the rules? You could still be entitled to benefits.
In North Carolina, injuries that do not occur in the course of employment might not be compensable. The phrase “in the course of employment” has a specific meaning when applied to a workers compensation case. Sometimes, an employee is acting in the course of his/her employment, even when the employee…
Workers’ Compensation Opt-out, not a good option for North Carolina.
Employees may not recognize that Opt-out programs are a new and troubling trend in the United States. An Opt-out system essentially allows an employer to develop their own workplace injury plans. “Those plans generally cover fewer injuries, cut off benefit payments sooner, control access to doctors and even impose mandatory…
Workers’ compensation can vary widely for traveling employees
In today’s mobile society, it isn’t unusual for a worker hired by a North Carolina company to work in another state, either on a temporary or permanent basis. A short business trip can involve travel to another state or an employee may be assigned to a project in another state…
Misclassification of workers robs North Carolina taxpayers
When the economy is down and unemployment is up, many people are just glad to have work, whether as an employee or an independent contractor. Having an income is the goal, right? True, but when an employer misclassifies a worker as an independent contractor, the repercussions can have negative consequences…
Special workers’ compensation laws for public employees
In most cases, an employee who suffers a work-related injury or illness is entitled to receive workers’ compensation benefits. The benefits include payment for time taken off of work and compensation for medical bills. Essentially, the purpose of workers’ compensation laws is to provide a safety net for employees who…
Workers’ compensation: All fun and games until someone gets hurt
When an employer considers whether to pay a workers’ compensation claim, three factors that come into play are: (1) was the injury or illness work-related?; (2) did it happen during the course of business?; and (3) did the employee contribute to it through some of his or her own behavior…
Does the “dual capacity” theory apply to workers’ compensation?
Workers’ compensation offers what can broadly be thought of as a “win-win” outcome for injured workers and their employers: the worker benefits from having a relatively speedy forum through which to receive benefits for lost income and for medical expenses, while the employer has a way to avoid being the…
Should you be “Mirandized” in a workers’ compensation claim?
“You have the right to remain silent. If you choose to give up that right, anything you say can and will be used against you in a court of law.” If you have ever watched a television police drama, you probably already know those words by heart as you have…
Recent court decision highlights scope of workers’ compensation
Most people associate workers’ compensation benefits with injuries suffered in a workplace accident. Fewer people might associate a claim under the North Carolina Workers’ Compensation Act with compensation for being wrongfully convicted in a criminal case, but that issue was recently in front of the Court of Appeals. As it…
May I choose my own doctor when receiving workers’ compensation?
Most employees in North Carolina are covered by workers’ compensation insurance for workplace injuries and work-related occupational disease. Workers’ compensation benefits for medical expenses, lost wages and disability are payable without the necessity of a lawsuit against an employer. One of the tradeoffs associated with workers’ compensation is limitations it…
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