People usually spend at least eight hours a day, five days a week at work. With so much time on the clock, work injuries are bound to happen. While some of these injuries may be so minor that they do not justify taking any kind of legal action, others can be serious enough that they put someone out of work permanently. North Carolina requires most businesses to have workers’ compensation insurance, but that does not necessarily mean your employer has workers’ compensation insurance or, if it does, that the insurance will cover your injury. To learn what kind of injuries workers’ compensation is meant to cover, read on and then contact a North Carolina workers’ compensation insurance attorney for more information. 

Which Employers Need to Have Workers’ Compensation in North Carolina? 

North Carolina law requires businesses with three or more employees to have either workers’ compensation insurance or to qualify as a self-insured employer. However, certain employees are exempt from workers’ compensation coverage, including: 

• “Casual” employees (people who can come and go from a job site at will)

  ...

Workers’ compensation is an invaluable resource for those who get injured at work. However, many workers have preexisting conditions that can be aggravated by work or which are made unbearable by injuries that happen at the workplace. Unfortunately, workers’ compensation insurance companies often try to avoid paying out fair settlements to injured workers, especially those with preexisting conditions. Preexisting medical conditions can give insurance companies an excuse to point to other causes than work. 

You may still be able to receive workers’ compensation after you suffer from a workplace accident if you had a preexisting condition, but it may be an uphill battle. If you were hurt in a work-related incident, make sure to work with an experienced North Carolina workers’ compensation attorney who can help you fight for your rights. 

How Do Preexisting Conditions Affect Workers’ Compensation Payments? 

Generally speaking, employers in North Carolina should not ask you about your medical history and should not have access to it. However, if you were injured at work and need to file a workers’ compensation claim, you are responsible for disclosing a preexisting condition. Workers’ compensation payments are not required to cover a preexisting condition per se, but they can certainly be required to cover a preexisting condition that has been aggravated by a workplace incident. 

Getting injured on the job is one of the most frustrating and discouraging things that can happen to an employee. After all, when you spend nearly half of your life working for a company, it can feel like poor payback to be seriously injured. When a company decides to investigate a claim for workers’ compensation based on your workplace incident, this can add insult to injury. You may feel as though your company does not trust you or that it is unfair that you should be subjected to a review after everything you have been through. 

However, because workers’ compensation is paid out by insurance companies that have a financial obligation to protect their company’s well-being, they can investigate claims to ensure there are no fraudulent cases. While being subject to an investigation may make you feel uncomfortable, if you have a legitimate workers’ compensation claim and a great attorney by your side, you have nothing to worry about. 

What Do Insurance Companies Investigate? 

Insurance companies paying workers’ compensation want to see employees get to work and stop collecting workers’ compensation payments as soon as possible. When claims are filed for significant or permanent injuries, insurance companies may be especially motivated to make sure they are not making enormous payouts based on fraudulent claims. 

In 2020, over 80,000 North Carolinian, private-industry employees sustained injuries or illnesses at the workplace. That same year, there were 189 workplace fatalities. These alarming statistics do not include injuries incurred in the public sector. The North Carolina Workers' Compensation Act mandates that all private companies provide workers' compensation to employees. This coverage is akin to no-fault insurance, meaning an injured employee does not have to prove fault to recieve benefits.

Sometimes, however, employers and insurance companies contest what is rightfully due to the injured or ill employee. A workers' compensation attorney can help negotiate compensation for injured or permanently disabled parties. 

Three Benefits Included Workers’ Compensation

If evidence of the injury, illness, or death proves to be work-related, the compensation could include the following.