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North Carolina Worker’s Compensation
North Carolina workers’ compensation law entitles
you to medical and income benefits if you have been
injured on the job. If you have experienced an
injury while at work,
contact the Hatch
& Stem, law firm. We understand that job
injuries require attorneys that have work injury
experience, who are able to quickly answer your
questions concerning workers’ compensation and who
will help you get the maximum amount of North
Carolina workers’ compensation benefits.
Under the NC’s Workers’ Compensation Act, an
employee who has been injured on the job does not
have to prove that any one was specifically at fault
in the accident, or prove negligence against his
employer. Although the law was designed to take the
issue of work-related injuries out of the court
system and to provide injured workers swift and sure
relief for their injuries, unfortunately that is no
longer the case. If you have been injured on the
job, you should:
- Get medical attention immediately if there
is an emergency.
- Report the injury to your employer as soon
as possible by giving written notice to your
supervisor or someone in a supervisory position.
Failure to promptly give notice to your employer
may affect your right to benefits. Your employer
is not responsible for paying the medical
treatment or wages until you give notice of the
accident or disease.
- If you work for a subcontractor, you should
promptly give written notice of your accident or
occupational disease to your direct employer and
the general contractor.
- Report all accidents even if the injury
seems minor. A small injury can develop into a
serious problem.
Generally, an injured worker must sustain an
injury by accident in the course and scope of
his employment to be eligible for Worker’s
Compensation Benefits in North Carolina.
According to North Carolina state law, after
missing seven consecutive days of work, an
injured worker may be entitled to temporary
total disability (TTD) compensation, also known
as the compensation rate. TTD is calculated as
66 2/3 percent of the injured worker’s average
weekly wage and is subject to a maximum benefit
determined by the year the worker was injured.
Medical treatment, prescriptions, and mileage
for medical treatment related to the work injury
may also be covered as well.
After a person reaches maximum medical
improvement, the treating physician may a
permanent partial disability (PPD) rating to the
injured body part. The worker can elect to be
paid for his or her permanent partial disability
based on a numerical formula laid out by
statute.
As an alternative an injured worker who is not
able to perform the duties of his regular job
because of his injury may elect to receive 66
2/3 percent of the difference between the wages
in the new job and the wages of his old job for
the time period allowed by statue.
An injured worker who is totally and permanently
disabled is entitled to wage loss benefits and
medical compensation for life.
An experienced worker’s compensation attorney
can help an injured worker determine which
statute he should elect to claim benefits under
and help maximize the money an injured worker
recovers. < Back
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