North Carolina Workers’ Compensation Laws 2024 Explained

When it comes to workers’ compensation coverage in the state of North Carolina, there can be plenty of confusion or misinformation that can make the process difficult if you have been injured on the job or suffered a work-related illness. Some of this confusion can be intentionally caused by employers to dissuade workers from seeking benefits. It is wise to ensure you understand North Carolina workers’ compensation laws, and an attorney can help.

In North Carolina, workers’ compensation protects employees who have suffered an injury or illness due to the conditions of their place of employment. When an individual faces these issues, they may experience financial difficulties due to medical costs, out-of-pocket costs related to the injury, and the inability to return to work because of their injury or illness. It is important that these individuals take full advantage of the benefits available through workers’ compensation.

Coverage Under North Carolina Workers’ Compensation Benefits

Under workers’ compensation in North Carolina, workers with injuries or illnesses caused by the conditions of their workplace can receive certain benefits. These benefits may depend on the nature and severity of their injury or illness and the amount of time they are unable to return to work because of the injury or illness. These benefits typically can include the following:

• Medical Costs: Workers’ compensation may cover any associated medical costs related to your workplace injury or illness. This coverage can include expenses for clinic visits, hospital stays, doctor appointments, surgery, medications or medical devices, diagnostic tests, rehabilitation, therapies, and other medical treatments. The insurance company or your employer may be allowed to choose your healthcare provider.
• Lost Wages: Workers’ Comp may be able to cover the wages and benefits you did not receive due to being out of work because of your injuries or illness. A certain amount of these wages earned before the claim took place may be paid back to you.
• Temporary Disability Benefits: Workers’ compensation may cover any temporary disability, be it total or partial. This can be given to employees who will be completely out of work for a specified amount of time due to their injuries. Partial disability benefits can apply to situations where the individual can still work but is unable to carry out the same tasks as work for the same number of hours.
• Permanent Disability Benefits: Individuals who become permanently disabled due to their workplace injury or illness may be able to receive long-term compensation for the damages they suffered. These benefits are typically determined through medical evaluations by a licensed healthcare professional.
• Wrongful Death Damages: If your family member loses their life because of a work-related injury or illness, you may be able to seek workers’ compensation to cover the expenses related to their death, such as funeral and burial costs.

Your Duties Following a Workplace Injury

Following a workplace injury, you have certain duties to uphold to ensure the success and protection of your potential future claim.

The first thing you need to do following a workplace injury or the diagnosis of an occupational illness, such as certain cancers or COPD, is immediately notify your employer. The sooner you give notice of the injury or illness you suffered, the better for your overall claim. The most effective way to do this is to give a notice in writing. You must include the day of the accident, the time, a description, and a list of injuries.

After informing your employer of the incident and your injuries, you may want to make sure you receive a Form 18 Notice of Accident to Employer. This form must be filed with the North Carolina Industrial Commission in a specific amount of time. Otherwise, you may become automatically ineligible to receive benefits.

Your Rights as an Employee in North Carolina

When you become injured at work or are diagnosed with an occupational illness, you have several rights, including:

• The right to request benefits even if you are paid in cash
• The right to refuse any pay your employer may offer outside of workers’ comp
• The right to choose your own doctor for a second opinion
• The right to continued medical treatment when necessary
• The right to file an appeal should you be denied workers’ compensation benefits

FAQs

Who Qualifies for Workers’ Comp in NC?

In order to qualify for workers’ comp in NC, you must be an employee of a company that carries workers’ comp insurance and have been injured or suffered an illness due to a workplace incident that you did not intentionally cause. It’s important to be aware that most employers in NC are required to carry worker’s comp insurance, but it may not be a requirement for all.

What Is North Carolina’s Workers’ Compensation Law?

In the state of North Carolina, the law regarding workers’ compensation indicates that all employers who have three or more employees are legally required to purchase workers’ compensation insurance. Under this law, the injured or ill worker is entitled to compensation for lost income, medical benefits, and other damages they may incur.

How Many Employees Are Required for Workers’ Comp in North Carolina?

In the state of North Carolina, if an employer employs three or more individuals, they must purchase workers’ compensation insurance to cover any employee in the case of an injury or workplace illness. There are, however, exceptions to this rule, such as employers in the agricultural field and domestic workers. Employers who do not carry coverage when required can face substantial consequences.

Does My Employer Have to Hold My Job While I’m on Workers’ Comp in NC?

In North Carolina, your employer is not required to hold your job while you are receiving benefits under workers’ compensation. Some federal protections may apply to you, depending on your unique circumstances and the size of the company or business you work for. You can speak with a lawyer regarding your options for job security while recovering from a workplace injury or illness.

Consult an Experienced Workers’ Compensation Attorney Today

If you or a loved one has been injured, diagnosed with an occupational illness, or killed due to a workplace accident or safety condition, you may be entitled to seek assistance through the benefits offered by your employer’s workers’ compensation insurance. Contact Ganly & Ramer, P.L.L.C., today to gain a better understanding of the laws surrounding workers’ compensation in North Carolina.