When you have been injured on the job, you have certain rights under North Carolina law. Every employer with more than three employees must have Worker’s Compensation insurance. In order for an employee who is injured to be covered, there must be an accident arising out of and in the course of employment. However, if an employee injures his or her back, only a ‘specific event’ may be required for the worker to claim benefits. An accident is some unsuspected event, some occurrence that is outside of the norm for the job duties. Once an employee (commonly referred to as “claimant”) has been injured, the claimant has only 30 days to prepare and file important paperwork. A Form 18 must be generated by the employee and provided to the employer, the employer’s worker’s compensation insurance company (“carrier”), and the North Carolina Industrial Commission. If this form is not properly generated and properly filed, the claim may be denied. If the insurance company denies the claim, then a Form 33 must be filed in order to have a hearing with an Industrial Commission Deputy Commissioner to determine whether the claimant is entitled to any benefits.
If the claim is accepted, the insurance carrier should pay for the employee’s accident-related medical care if the medical care effects a cure or provides relief. Additionally, the employee may be entitled to receive compensation for time out of work (at a rate of 2/3 of the claimant’s average weekly wage). A claimant may also be entitled to receive a lump sum payment for a permanent impairment. Finally, an employee may be able to settle the case for additional compensation by agreeing to enter into a clincher agreement.
Sometimes the insurance company will refuse to pay for an employee to see certain doctors and will insist the employee see a doctor who may be affiliated with the company or the insurance carrier. If that occurs, an attorney can make a motion to the Industrial Commission for a change of physician. Without approval from the Industrial Commission, the claimant’s benefits may be denied.
There may be other rights available to you. Please contact us or call
(919) 419-9933 for a free consultation.
Work Related Injuries
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
