How Workers’ Compensation Works in North Carolina
If you are injured on the job, or develop a medical condition due to your occupation, your employer is required to compensate you for your medical bills and expenses, as well as the wages you lost by missing work. You can seek compensation by filing a claim with your employer’s workers’ compensation insurance.
Filing a Workers’ Compensation Claim in North Carolina
If a workplace injury or illness develops, it is important to seek medical attention right away. Let your healthcare provider know you were injured at work. Notify your employer about the injury as soon as possible. You are required to give oral and written notice to your employer within 30 days of the injury.
Your employer should provide you with the correct forms to file a workers’ compensation claim. They will need to submit separate paperwork as well. If your employer neglects to correctly file the necessary paperwork, you can file a claim directly with the North Carolina Industrial Commission (NCIC). You have two years from the date of injury to file your claim.
If your claim is accepted, you will begin receiving workers’ compensation benefits. This includes 100% coverage of your medical expenses related to your injury and two-thirds of your lost wages (if you are out of work for more than 7 days). If you are permanently disabled, a settlement can be reached to decide fair compensation for your injuries.
Appealing a Workers’ Compensation Denial
You will be notified within two weeks of submitting your claim whether it has been accepted or denied. To appeal this decision, you have up to two years to request a hearing with the North Carolina Industrial Commission. Before a hearing will be granted, the parties must go through mediation to try to reach a settlement.
If the parties cannot come to an agreement, the parties will attend a formal hearing with an NCIC commissioner. The commissioner will consider evidence and listen to arguments by both parties before making a final decision in your case.
If you disagree with the commissioner’s decision, you have 15 days to file an appeal to the NCIC. Your case will be reconsidered by a 3-person panel of judges. If you still did not get the results that you hoped, you have the option to appeal to the North Carolina Court of Appeals, and again to the North Carolina Supreme Court. However, it is highly unusual for a workers’ compensation case to ascend to this level of appeal.
Workers’ Comp Attorneys in High Point, NC
If your workers’ compensation claim has been denied, contact McAllister, Aldridge & Kreinbrink, PLLC for further assistance.