North Carolina Workers’ Compensation Laws 2024 Explained

The state enforces some of the most robust workers’ compensation laws in the country. These laws aim to ensure economic security for injured workers in all industries, and it is vital for everyone to understand North Carolina’s workers’ compensation laws in clear detail. The team at Ayers, Whitlow & Dressler can provide legal support when you need to file a claim in response to any injury at work.

State Workers’ Compensation Laws

Almost every employer in every industry in the state is required to have workers’ compensation insurance. This insurance applies to any injury an employee suffers while performing their job duties, as well as illnesses and medical conditions acquired through work. As long as your injury occurred while you were performing your job duties, you are likely eligible to claim workers’ compensation benefits.

Employers are required to facilitate their injured workers’ claims, and they may not interfere with the claim filing process or retaliate against injured workers. Unfortunately, some employers take such actions out of fear of increased insurance premiums, but adverse actions against workers’ compensation claims filed in good faith can have very serious repercussions. Your employer must provide you with the forms needed to file your claim.

As part of the claim filing process, your employer’s insurance carrier will likely require you to undergo a medical evaluation from a doctor approved by the insurance carrier. This workers’ compensation doctor will assess the severity of your injury and assign you a disability rating, which is a numerical value indicating the overall severity of your condition and your remaining functional capacity to work.

Workers’ Compensation Benefits in North Carolina

Workers’ compensation insurance protects covered employers from liability for their injured workers’ damages and provides financial benefits to injured workers. After completing the initial claim filing process and undergoing a medical evaluation, the insurance company will review the claim and then issue a determination of benefits.

Workers’ compensation also functions on a no-fault basis, meaning it is possible for an employee to have caused their own injury and still qualify for benefits. However, there are exceptions to this. If they caused the injury through an honest mistake and/or simple negligence, it should not interfere with their claim. However, if they were working under the influence of drugs or alcohol, it is one reason why a claim may be denied.

If a claim is approved, the insurance carrier will cover all the medical expenses related to the injury. Additionally, the claimant will receive disability benefits based on their disability rating. If they are still able to work in a limited capacity, they can receive partial disability benefits to help cover the difference in their income. If they cannot work at all, they can receive total disability benefits until they recover enough to resume their job duties.

While workers’ compensation insurance generally prevents a covered employee from filing a civil suit against their employer in response to a work injury, they may have grounds for a claim against a third party responsible for their injuries. Ultimately, navigating state workers’ compensation laws and other legal matters related to work injuries can be challenging, so it is important for an injured worker to have legal counsel they can trust on their side.

FAQs

Q: What Happens if My Employer Does Not Have Workers’ Compensation Insurance?

A: If your employer does not have workers’ compensation insurance and they are required to have it under state law, they can face a wide range of serious penalties. They will not only be liable for your damages but can also face penalties from the state, including heavy fines. They will be compelled to purchase an acceptable policy based on their total number of employees. Note that some employers are exempt from this requirement.

Q: Can I Be Fired While on Workers’ Comp?

A: Yes, it is possible you could be fired while on workers’ comp in the state, but your employer cannot use your injury or your workers’ compensation claim as grounds for firing you. The employer must have a legitimate and legal reason, such as eliminating your position, closing your worksite, or shuttering the business. If you believe you have been unfairly fired after a work injury, it may be grounds for a retaliation and/or wrongful termination suit.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount you receive in workers’ compensation benefits will depend on the severity of your injury, your anticipated recovery time, and how much you usually earn at work each week. The insurance company should cover all medical expenses related to your injury, and your disability benefits will be based on your usual weekly earnings and whether you retain any functional capacity to work while you recover.

Q: How Long Does It Take to Resolve a Workers’ Compensation Case?

A: The time required to resolve a workers’ compensation case in the state will depend on several factors. If your case is straightforward and you do not encounter any issues with your employer and/or their insurance carrier, it may only take a few weeks to resolve your claim. However, more complex cases can take several months or longer to resolve. Working with an experienced attorney is the most effective way to streamline your case.

Q: Why Should I Hire a Workers’ Compensation Attorney?

A: You should hire a workers’ compensation attorney because they can make every aspect of your case easier to manage, and you will be more likely to reach a positive outcome with their assistance. Your attorney can help you file your claim, resolve any disputes raised against it, and ensure that the insurance carrier handles the claim in good faith. They can also provide support if you have any alternative avenues of recovery available to you.

The team at Ayers, Whitlow & Dressler is ready to assist you with your work injury case. North Carolina’s workers’ compensation laws are robust and complex, and they are designed primarily to protect the rights of injured workers in every industry. We can help you secure the benefits you need to recover from your injury, so contact us today and schedule a free consultation with our team to learn more about the legal services we provide.