North Carolina Workers Compensation
If you have been injured on the job in North Carolina, workers' compensation laws may entitle you to certain benefits. These benefits can include payment of medical bills, compensation while you're unable to work, vocational rehabilitation, permanent partial disability benefits, or total disability benefits. Your North Carolina employer's workers' compensation insurance is responsible for paying these benefits.
Who Is Covered by North Carolina Workers' Compensation Insurance?
In North Carolina, workers' compensation coverage begins on your first day of employment regardless of whether you are a part-time or full-time employee. You may still be eligible for North Carolina workers' compensation benefits even if you were an independent contractor or a cash employee.
What Types of Injuries Does North Carolina Workers' Compensation Cover?
Injuries typically covered by North Carolina workers' comp include:
- Traumatic physical injuries
- Repeated trauma injuries
- Mental injuries
- Occupational disease
What Types of North Carolina Workers' Compensation Benefits Can You Receive?
North Carolina workers' compensation laws can be complicated. A North Carolina workers' compensation attorney in your area can explain to you the application process and help you receive the benefits to which you are entitled.
Although your benefits may vary depending on what state or federal law applies, workers injured on the job--regardless of whether your employer was at fault--may be entitled to benefits that include:
- Medical care
- Temporary disability benefits designed to at least partially replace lost wages if you were unable to work for more than seven days
- Permanent disability benefits designed to at least partially replace lost wages
- Death benefits
If you receive North Carolina workers' compensation following an injury, you cannot sue your North Carolina employer for additional compensation in connection with your injury. You may, however, be able to file a lawsuit against others involved in your injury. For example, if you were injured in an automobile accident while working and the other driver was at fault, you might be able to sue the other driver. Or if your injury was the result of a defective machine, you might be able to sue the machine manufacturer. A North Carolina workers' compensation lawyer can advise you of your legal options.
How Do You File for North Carolina Workers' Compensation Benefits?
If you're injured while at work or develop a job-related occupational disease in North Carolina, you should promptly seek medical treatment. Make sure to tell the doctor that your injury occurred on the job or in connection with your job.
Notify your employer of the injury or disease as soon as possible. In North Carolina, you'll also have to notify your employer of your work-related injury or disease in writing within 30 days.
Your North Carolina workers' compensation claim will be filed with the North Carolina Industrial Commission.
Once you've sought medical treatment for your injury or disease, you should consider contacting a North Carolina workers' comp lawyer to help guide you through the process of applying for North Carolina workers' compensation.
Workers' Compensation for Federal Employees & Others
Federal government employees working in North Carolina, as well as North Carolina residents who worked on nuclear weapons, maritime workers, and coal miners would be covered under one of several federal workers' compensation programs.
- The Federal Employees' Compensation Act covers federal employees and postal workers for job-related injuries and diseases
- The Energy Employees Occupational Illness Compensation Program Act covers U.S. Department of Energy employees, predecessor agencies, contractors, and subcontractors who are ill as a result of working with nuclear weapons
- The Longshore and Harbor Workers' Compensation Act and related acts, including the Defense Base Act covers maritime workers
- The Black Lung Benefits Act provides compensation to miners totally disabled by black lung disease, as well as their survivors
Additional North Carolina Workers' Compensation Resources
The U.S. Department of Labor's Workers' Compensation information page for federal government employees