Raleigh, NC Workers' Compensation Attorneys

Answer: Any employer who employs three or more employees.

Answer: Report the injury to the employer, orally and in writing, immediately and in any event within 30 days.

Answer: As long as there is some documentation that proves that you are you, like pictures, paystubs, or a witness willing to provide an affidavit, you can still file a workers’ compensation claim.

Answer: Some employers pay their workers “under the table” and in cash. It’s important to understand that this doesn’t necessarily mean that the company is exempt from having to pay workers’ compensation benefits.

However, it will be your burden to show how much you were earning before your injury. If you are paid cash, it is a good idea to keep a weekly diary of how much you are paid, including overtime.

Answer: You are entitled to workers’ compensation benefits even if you are an undocumented worker. The insurance company is not allowed to ask you about your immigration status. Although your boss can fire you if they discover that you are undocumented, the workers’ compensation carrier cannot deny your claim based on your immigration status if you get hurt at work. If you are medically unable to work, the insurance company must continue to pay your time out of work even if you are undocumented.

Workers’ compensation benefits fall into 3 basic categories:

1. Payment for your medical treatment for the disability caused by the injury or accident and related medical expenses
2. Compensation for lost wages (at 2/3 your average weekly earnings), including overtime and bonuses (often called “TTD”)
3. Compensation for permanent disability (often called a “rating” or “PPD”)

Pain and suffering is not recoverable under workers’ compensation law. Workers’ compensation benefits are not taxed.

Answer: Most people who get hurt at work assume that it will be covered by workers’ compensation. However, no matter how much you trust and like your employer, ultimately the insurance adjusters that actually administer the claims will always look for ways to deny coverage. An injury while doing normal work in a normal manner does not qualify as an accident. An accident is a deviation from the normal work routine, such as a fall, some assaults, increased volume or pace of work and literally hundreds of other events. There are also exceptions to the general “accident” rule. For example, if a worker has an immediate onset of pain in their spine while performing work-related duties, this is considered an accident. This exception is called a specific traumatic incident.

Answer: To qualify for workers’ compensation benefits in North Carolina, there must be an injury or accident that causes some kind of disability, arising out of and in the course of employment. Therefore, the injured worker has to be an actual employee.

The factors in determining whether a worker is an independent contractor or employee involves asking the following questions:

• Is the worker engaged in an independent business or calling?
• Does the worker have independent use of a special skill, knowledge, or training in the execution of the work?
• Is the worker doing a specific piece of work at a fixed price, or are they paid by the hour?
• May the worker choose a preferred method of completing the work without being discharged?
• Is the worker not regularly employed by the employer?
• Is the worker free to hire assistants?
• Does the worker have full control over assistants?
• Is the worker free to select his own time?

Most workers are paid by the hour, and are told where to be and when to be there. Many workers are told what to wear, such as uniforms, and most employers have control over their workers.

Answer: The employer or its insurance company, subject to any Commission orders, provides and directs medical treatment. The Commission may permit the employee to change physicians or approve a physician of employee’s selection when good grounds are shown. However, payment by the employer or carrier is not guaranteed unless written permission to change physicians is obtained from the employer, carrier, or Commission before the treatment is rendered.

Answer: No compensation is due for the first seven (7) days of lost time unless the disability exceeds 21 days. Payment for the first 7 days will be made should the disability continue beyond 21 days. The checks will be issued weekly at a rate of 66 2/3% of the average weekly wage.

Answer: If a claim is denied by the insurance company or self-insurer, the employee may request a hearing before the Industrial Commission.