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5 Things You Need to Know About Workers’ Compensation

Written by kwmlaw on . Posted in Kelly & West News.

Accidents happen every day. Do you know the proper steps to take when it happens in your workplace?

Some jobs pose no immediate hazards, but accidents can happen in any environment. From emergency personnel to work in a candy store, if you are injured or fall ill from a covered illness at your workplace due to work-related activities, you may be eligible for workers’ compensation. Workers’ compensation is insurance that employers buy to cover medical bills. It can even reimburse you for missed days of work.

Worst-case scenario: You end up in the hospital, and your bills start to pile up. You can’t afford to make your payments on time, and you are unable to work. What do you do?

Here are a few tips to consider if you experience an accident in the workplace.

1) Each state has different regulations that they have to follow regarding worker’s compensation. It is imperative that you research how your state regulates workers’ compensation. The following covers North Carolina laws:

  • You are eligible for workers’ compensation if you are injured or fall ill from a covered illness during your employment.
  • A physician must take you out of work for you to receive lost wages.
  • You must incur the first seven days out of work on your own, without payment from the workers’ compensation insurance company; however, if you miss more than 21 days, the insurance company should reimburse you for the first seven days.
  • You must fill out forms within 30 days of the accident, stating that you had an accident or a covered illness and that you are claiming workers’ compensation benefits. This form is known as Form 18 and is available online at www.ic.nc.gov.

2) You must report the accident immediately. Your employer should have a trained HR department that handles these situations. Communicating the accident immediately to the appropriate supervisors can increase your chances of receiving workers’ compensation benefits. Paperwork needs to be filed, and procedures need to occur, so do not waste your time. Also, communicate with your doctor about the incident. Doing so will help you receive the benefits you deserve.

3) Will your accident Qualify? You may be questioning whether or not your accident qualifies for workers’ compensation. Here are a few examples of eligible injuries that may surprise you:

  • Pre-existing conditions worsened by work-related activity
  • Hearing loss from working in loud environments
  • Illnesses from various chemicals
  • Disfigurement and scarring due to burns or cuts

4) There is usually drug screening performed by your employer if you are trying to receive workers’ compensation benefits. If you fail these tests, you will be responsible for all of your medical bills and will not receive any benefits. Hurting yourself on the job while being impaired will forfeit your ability to be eligible.

5) Attorneys can help! Invest in an attorney, and they can help you get the benefits you deserve. Attorneys are trained to handle these kinds of situations, so their clients don’t have to. Insurance companies are not going to want to pay more than they have to. Let attorneys of law help you get back on your feet and live your life again.

More questions? Contact our attorneys to schedule a FREE, no-obligation consultation.

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

Written by kwmlaw on . Posted in Kelly & West News.

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.