How do Workers’ Comp and Settlement Cases work in N.C.?

Have you been injured and need to know more about Workers’ Compensation or settlement cases? Every state does things differently, so we have compiled of what you should know specific to North Carolina.

Workers’ Compensation 101

Workers’ Compensation is a statutory remedy for employees who are injured by accident while in the course of their employment. It is a no-fault remedy where the employee is not required to prove fault to receive benefits, and the employer is not allowed to deny liability.

1. After being injured, you have 30 days to file an injury claim with your employer.
2. File a Workers’ Compensation claim with the N.C. Industrial Commission.
3. Throughout the process, additional papers will need to be reviewed and submitted.
4. The employer or insurance will either accept the claim and begin payments or deny the claim.
5. If the claim is denied, you, as an injured employee, have the right to request a hearing.

N.C. Laws

In North Carolina, Workers’ Comp may cover vocational rehabilitation services, wage replacement compensation, and medical treatment. Here are some important N.C. laws involving Workers’ Compensation.

• There are no requirements for an injured employee to accept a settlement. Although it is an option, they can still take the employer to court event if a settlement is offered.
• Any company that employs 3+ part or full-time employees are required to provide Workers’ Comp.
• There are strict fines for a company that does not comply with these laws.

Settlement Cases

In a Workers’ Compensation case, settlements occur when a business owner’s insurance company and their attorney will offer you a specific payment in order to settle the case before going to court. If your company goes through with this, it is important for you to consult with a lawyer to ensure the settlement is worth it. Some people prefer to settle because it means you get cash immediately to pay medical bills or other expenses. However, in some cases, the amount offered in a settlement is far less than you would get by going to court.

1. If your employer’s insurance company offers you a settlement, you have the option to take it or not take it.
2. Prior to your decision, consult your attorney to determine what option is best for your case.
3. If you choose to accept the settlement, you waive your right to make any further claims against your employer.

Circumstances for Filing a Claim

In North Carolina, there are three main circumstances under which you are eligible to file a claim.

• Injury by Accident – When your regular work routine was disrupted by an unusual circumstance that resulted in your injury.
• Occupational Disease – If you are exposed to a disease or a disease development increased due to the workplace.

 

At Kelly & West, we know that dealing with injuries is a tough situation. If you are someone you love has been injured, let us help you through the process. Contact us today to learn about the next steps you need to take.