Wronged and Injured
in North Carolina
In North Carolina, an individual may file a claim with the Industrial Commission pursuant to the North Carolina Workers’ Compensation Act if they have an on-the-job injury. This law was passed as a compromise between employers and employees on how to compensate injured workers’ on-the-job injuries. Employers gave up the right to claim that an employee contributed to the accident thereby barring his or her right of any recovery. The employee, among many things, gave up the right to recover pain and suffering in most but not all cases.
An employer with 3 or more employees, a North Carolina city or county, or a subcontractor on a jobsite is required to carry workers’ compensation coverage. As such, you should be covered.
If you sustain an on-the-job injury to any part of your body resulting from an accident caused by you or anyone else, you should be covered. In addition, those who injure their back because of a specific traumatic event are also covered. Finally, those who have injuries that occur over time as a result of a repetitive motion, such as carpal tunnel syndrome, or some other occupational disease should be covered.
An injured worker can recover lost wages, medical expenses, and vocational rehabilitation. The lost wages generally consists of two-thirds of the injured worker’s weekly wages. All reasonable and customary medical expenses that affect a cure, provide relief or assist in reducing the injured worker’s disability period should be recoverable. Finally, vocational rehabilitation should be provided for a worker that cannot return to his or her previous position so that he or she learn a new skill set in order to return to the work force.
The following is a sample of actions that an attorney can take on your behalf:
Each worker’s injury is unique, case specific and, in many instances, is complex. Therefore, the above information cannot act as a substitute to consulting with an attorney. Do not wait until you feel the insurance company or your employer is not treating you right as you may have already significantly compromised your case. Please contact The Devin Law Firm, P.A. in order to schedule an initial free consultation with an attorney who can then start assisting you throughout the process.
Fill out the contact form or call us at 704-566-3434 to schedule your free consultation.