Workers Compensation FAQs
Hear directly from our Civil Litigation Attorneys as they answer all the frequently asked questions regarding workers’ compensation and troubleshooting claims.
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A North Carolina Workers Comp Attorney discusses the importance of focusing on recovery after a work-related injury and not having to worry about your financial obligations. If a claim is compensable, the employer’s insurance should cover 2/3 of the average weekly wage and all medical expenses that are directly related to the injury. However, sometimes claims are denied. In those cases, you should retain an attorney to ensure you are receiving the benefits you are entitled to under the North Carolina Worker’s Compensation Act. Our worker’s comp attorneys are ready to help you get all you deserve today! Contact us today to discuss your case.
What injuries and illnesses are covered under the NC Workers Compensation Act?
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What injuries are covered under workers comp?
Generally, for an injury to be covered, the employer must be covered by the Act and the worker must be acting within the scope of their employment when they were accidentally injured. However, there are some exceptions, like back injuries, which would likely be covered, even if they were simply bending over while at work.
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Are illnesses covered under workers comp?
Workers may be entitled to compensation for occupational diseases. This is a disease that they were at a greater risk of contracting because of their job than the general public.
As you can see, workers’ compensation is complicated. If you’ve been injured on the job and you want to make sure you’re getting all the benefits you’re entitled to receive, give our Workers Comp Attorneys a call today!
Generally, injured workers can expect their medical bills and two-thirds of their weekly wages to be covered by their employer’s insurance. This should last until the worker has either recovered enough to return to work or at least has been able to resume some form of employment. Even if the injury will keep the worker on “light duty,” they could still be entitled to partial disability. And, in the unfortunate instance when someone is permanently injured or disfigured, a doctor will assign that injury a disability rating. Depending on the injury and the profession, that worker could be entitled to workers comp benefits for the rest of their life.
If you’ve been injured on the job and have questions about your benefits, give one of our Workers Comp Attorneys a call today!
Workers Compensation Attorney Darren Howard often answers questions regarding time limits in the Workers’ Compensation Law. In North Carolina, you only have a 30-day window to report your injury at work. Many people assume that a verbal report is sufficient, however, this is not the case. Darren Howard has seen a lot of workers’ compensation claims go wrong, and he advises you to insist on a written report for your claim. This way, the date and time are recorded, your version of events is preserved, and you have a copy for your records in case a problem arises later.
Many times in North Carolina Workers’ Compensation claims a written report is not provided within the 30-day timeframe. According to Darren, this should not overly concern the individual. There are still many ways your claim can be protected. If a problem with your claim should arise and there is no written report, we here at Dummit Fradin will still pursue your workers’ compensation claim vigorously and thoroughly. We would begin by learning everything about your accident, your company, and the insurance company, and proceed from there.
So, if it’s been over 30 days since your injury at work, don’t despair, call one of our experienced Workers’ Compensation Attorneys. They can help get the compensation you deserve.
There are several consequences for the employee when an employer fails to report their work-related injury. Workers Compensation Attorney Darren Howard explains that it is required by law for employers to report a work-related injury to both the North Carolina Industrial Commission and also their workers compensation insurance company. If this is not done, then the employee is left paying the consequences of lost wages, medical costs, and delayed treatment. Missing out on the wage replacement component of workers’ compensation has consequences not just for the employee, but also for their family. So, it’s a good idea to make sure your employer is in compliance with North Carolina Law and reports your work-related injury. If they have failed in this, before the consequences are extreme and dire for you and your family, give one of our experienced workers compensation attorneys a call right away!
Many clients are often surprised when their on-the-job injury is not automatically approved by the insurance company. Workers Comp Attorney Darren Howard explains that under the North Carolina Workers Compensation Act, insurance adjusters are allowed to conduct their own investigation about the incident. These investigations often include interviewing coworkers, watching videos, and questioning the injured party. This questioning is called the recorded statement, and anything said in this recorded statement can be used against the injured to deny their claim. Therefore, it is strongly urged that anyone meeting with a workers comp insurance adjuster to give a recorded statement have an attorney and really think about their answers before giving them. Also, it is important to note that coworkers and managers might not always back up the injured person’s story, so, they still might have a hard time with their claim, even with a perfect recorded statement. Further, insurance companies deny even serious claims all the time because they believe they have the evidence to win a legal battle in North Carolina. Don’t let this happen to you. If you are injured on the job, call Dummit Fradin today and let us help protect your workers comp claim, and make sure you’re prepared for that recorded statement.
According to Workers Compensation Attorney Darren Howard, the number one reason employers fight workers comp claims is that there is no eyewitness to the injury. Should you find yourself in this situation, don’t focus on the lack of eyewitnesses, which cannot be controlled. Focus on what you can control, reporting your injury quickly and accurately to your employer. We recommend doing this in writing so you have a record. You will also want to be sure that any later insurance investigation or recorded statement you are asked to give will accurately reflect what happened when you got hurt.
If you’ve been injured on the job and your workers compensation claim has been delayed or denied because there was no eyewitness to your injury, or if your employer is fighting your workers comp claim for another reason, give us a call. We can help protect your claim and get you the compensation you deserve.
In the event that you are injured during the course and scope of your employment, seek medical treatment first. Then North Carolina Worker’s Compensation Attorneys Salvatore Popolillo and Darren Howard recommend consulting with an attorney. An attorney who is experienced with these types of cases will file all the paperwork for you, guide you through everything, and make sure your North Carolina workers comp claim is completed in a thorough and timely manner.
However, if you are going to file a North Carolina workers comp claim by yourself, the first step is to go to the North Carolina Industrial Commission website and fill out Form 18. This Form will notify the Industrial Commission and your employer that you’ve been injured while on the job.
Some things to keep in mind, if you work for a smaller company, they may not know what to do to support you as you proceed through the claims process, and you may need to hire an attorney as time progresses. Further, it will not be the company that is administering your claim, it will be their insurance company. Many times, employees feel a sense of guilt in filing a claim, especially when they are on good terms with their employers. However, it will not be the employers that are paying the claim, it will be their insurance, and the insurance company will want to do it quickly and as cheaply as possible. Therefore, do everything you can to protect yourself and protect your claim, up to and including hiring an attorney.
If you have questions about a North Carolina workers comp claim or are ready to begin one yourself, please contact Darren or Sal a call today. Let them discuss your claim and see if hiring an attorney is right for you.