Workers' Compensation Claims

The first thing to consider in North Carolina with work related injuries is that if a business has three or more employees, the employees are then considered for workers compensation in case of an injury. For an employee to make their case, many things have to be proven in order for them to receive workers compensation benefits. Without proving every element of the injury to be work related, the person may not be eligible for works comp. To have the best chance to receive compensation, the employee is advised to file a report within thirty days, and absolutely no longer than two years after the incident.

The basis of works compensation is not to prove negligence on the part of the employee or employer, but to prove the injury happened while at work. This is beneficial to the employee because most work place injuries are purely an accident, and not the result of someone being negligent. The two main compensations an employee can receive after being injured at work is medical bills and pay while away from work because of the injury. Usually the insurance company will pay all medical related bills from the injury during this process, leaving the employer to just have to pay salary for time away. If the person is considered disabled, the insurance company will also cover two-thirds of the wages that would be earned to the employee. In order for this to go into effect in North Carolina, the employee must be out of work for seven or more days.

If the employee's injury permanently disables them, the insurance company will pay these disability claims for as long as the lifetime of the employee. Medical bills might also be covered for the rest of the employee's life as well. Workers compensation does not involve an extra settlement for pain and suffering. No matter how bad the injury is, pain and suffering is not included in the workers compensation case, but can be filed to another case of suit. It is important for the employee to document any expenses related to the injury, including gas mileage to and from the doctors, and everything in-between. This is because the insurance company will pay all of this out. A not from the doctor proving how many days you missed work is also something that should be fully documented.

The two different main settlements in North Carolina that a employee might get at the end of the case is dependent on how long the injury will get the person out of work. One settlement is temporary in case the injury affects you later in life, and the other settlement is rewarded to help you right now and give the money that you are owed.

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