Work can hurt. Literally. The U.S. Bureau of Labor Statistics reports almost 3 million non-fatal work injuries occurred in 2022. Unfortunately, there were more than 5,000 fatal work injuries in the same year. Who foots the bill for the harm that impacts you at work? Mainly, your employer’s workers’ compensation (or workers comp) coverage does.
What does workers comp cover in North Carolina? It covers an injured worker’s related healthcare needs and a portion of the wages or earning capacity they lose because of their injury. Our experienced workers’ compensation attorneys at EMP Law can help ensure you receive all workers’ compensation benefits you are entitled to. We have over 140 years of combined experience and know how to get what you need while you recover from an on-the-job injury.
Learn how we can assist you by calling (336) 724-2828 or filling out our online form today.
How Does Workers’ Comp Work in NC?
Workers’ compensation is insurance coverage employers obtain to cover treatment and wage losses of injured employees. Additionally, you don’t have to prove that your employer was at fault for your injury to be covered.
Employees must immediately notify their employer about any work injury they suffer to receive benefits from NC workers comp coverage. This notice should be in writing and given within 30 days of the injury. Sometimes, an employee can receive benefits without notice if they have a reasonable excuse for their failure to report, but this is not an exception you want to rely on.
After providing notice to their employer, an employee begins to receive medical treatment paid for by the employer. The employer generally selects the healthcare provider, but an employee can choose their own provider if North Carolina’s Industrial Commission approves. If an employee works less because of their injuries, their employer pays to replace some of their wages. Employees cannot receive wage replacement benefits for the first seven days of their inability to work. But if their injury affects their ability to work for more than 21 days, they can also receive compensation for the first seven days.
Is Workers’ Compensation Required in NC?
Yes, for all employers with three or more employees. The law presumes that all employees and employers are subject to workers’ compensation rules. Employers and employees cannot waive these obligations by contract.
What Does Workers Comp Cover in North Carolina?
So, you know that workers’ compensation in North Carolina covers medical treatment and wage loss, but let’s get into the details of that coverage.
Medical Coverage
Medical coverage covers treatment and devices reasonably required to cure or relieve a work-related condition and can include:
- Hospital visits,
- Medicine,
- Surgical care,
- Surgical equipment,
- Rehabilitation services,
- Sick travel,
- Medical equipment or prosthetics, and
- Any other necessary treatment.
You can receive up to 20 chiropractic visits (if necessary). And if you travel at least 20 miles for medical treatment, you can receive 67 cents per mile.
Wage Benefits and Compensation
Employees who are incapacitated and are fully or partially unable to work receive two-thirds of the difference between their average weekly wages and what they are earning while incapacitated. If an employee’s incapacitation is partial, they cannot get these wage benefits for more than 500 weeks.
For permanent injuries, you can receive two-thirds of your average weekly wage for up to 500 weeks or more, depending on whether your incapacity is partial or total. The law bases the number of weeks of compensation you receive on the location of your injury and the level of your injury. You can also receive up to $10,000 for serious bodily disfigurement and up to $20,000 for permanent injury to or loss of an internal organ, an external organ, or certain body parts.
As you can see, making sure your average weekly wage is correct is crucial to receiving proper benefits in your case. Your average weekly wage is what you earned for the 52 weeks before injury (including veteran trainee subsistence allowance) or whatever is fair. Our attorneys can obtain the average weekly wage that is fair to you under the circumstances of your case.
What Is Not Covered Under Workers’ Compensation?
Workers’s compensation does not apply to independent contractors. An employee who is subject to workers’ compensation cannot sue their employer for their work injury, which means that the employee cannot receive civil lawsuit damages such as pain and suffering.
Also, an employee cannot recover compensation if one of the following caused their injury:
- The employee’s intoxication (unless the employer or a supervisor supplied the intoxicating substance),
- The employee’s willful intent to cause injury to themselves or someone else, or
- The employee’s state of being under the influence of a controlled substance that was not prescribed.
Your employer might claim one of these disqualifying factors to avoid paying your compensation. If that happens, contact us right away.
Contact an Experienced North Carolina Workers’ Comp Lawyer
A work injury can be devastating on its own, but it can be even worse when you have to fight for your right to benefits while healing. We can take on this fight for you. Our workers’ compensation attorneys at EMP Law are award-winning advocates who tailor each legal strategy to each client’s needs. From our offices in Winston-Salem and Charlotte, we serve injured employees throughout North Carolina. Please call (336) 724-2828 or contact us online to learn how we can help you.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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