The details of your workers’ compensation benefits can quickly become confusing, especially when you’re not familiar with the different guidelines you must follow. Because every state has varying requirements for workers’ compensation insurance, it’s important to educate yourself on the benefits you may be receiving in North Carolina and whether you’re eligible for them.
North Carolina employment laws state that any employer that has three or more employees must carry workers’ compensation insurance. Workers’ compensation is a form of no-liability insurance provided by an employer in case an employee becomes injured while performing their job or is diagnosed with an occupational illness. Worker’s compensation prevents employees from suing their employers by implementing a “no-fault” rule and instead provides workers with benefits to cover their damages and losses. The North Carolina Industrial Commission oversees all workers’ compensation claims and works to hold employers accountable for state employment laws.
Your insurance will cover various areas if you were injured while on the job and filed a workers’ compensation claim that provides medical expense benefits. Some of the most common medical expenses that are covered by North Carolina workers’ compensation include:
In some cases, an injury or illness may result in an employee being hospitalized or even requiring surgery. When this occurs, the employee can file a workers’ compensation claim, if they haven’t already, to help them cover the costs of their current and upcoming medical bills. No hospital visit is cheap, so making sure you receive the assistance you deserve after being injured at work is critical.
All appointments and exams that are deemed necessary to your healing process will also be covered by your workers’ compensation claim for medical assistance. Your employer does have the ability to choose the doctors you visit for treatment, but you also have the right to petition for a doctor change if you believe they aren’t helping you properly. Medical exams are also covered, as they are essential to diagnosing and treating your illness or injury correctly.
Illnesses and injuries alike often require a variety of medications to aid in an individual’s healing process. Whether you were prescribed pain medication or put on a new medication for a new disability, prescriptions should be covered by your workers’ compensation claim in North Carolina.
“Condition-specific treatment” is a term used to refer to treatment and medical care that is unique to an employee’s injury or illness. This treatment could include physical therapy, occupational therapy, chemotherapy, and more. Your insurance should cover the care you are looking for if it is necessary to help you heal. It’s important to determine whether that treatment will be deemed as “necessary” if you’re unsure of whether your claim covers a specific form of treatment or care.
If you have an active workers’ compensation claim in North Carolina, it will cover the expenses for your physical therapy appointments as long as you’re eligible. However, if you can work and have to leave to attend these appointments, your employer is not required to pay you lost wages. To be eligible for lost wage benefits, you must have some form of injury or disability that prevents you from working. In most cases, an employee must miss at least seven days of work, and then the benefits would begin on the eighth day missed.
A: The length of time you receive workers’ compensation benefits will depend on what kind of benefits you were receiving and why. For example, a temporary injury that did not result in a disability may only provide you with medical expense coverage until that injury is healed. In contrast, someone who suffered a permanent total disability may receive lost wage benefits for the rest of their life.
A: Your workers’ compensation insurance should cover your physical therapy appointments until they are deemed no longer necessary. This can occur if your doctor feels that you have reached your maximum medical improvement (MMI) or the highest level of rehabilitation possible. Until then, your necessary appointments will be covered.
A: You can file a workers’ compensation claim with the state Industrial Commission if you were injured or diagnosed with an illness because of your job. To do so, you’ll have to file an accident report with your employer as well as fill out a “Form 18” that describes the details of your accident and condition. You’ll then submit the form to the Industrial Commission and wait to see if it’s accepted.
A: North Carolina sends out workers’ compensation payments weekly. The payments begin after your claim has been finalized with the Industrial Commission and come in check form.
Whether you need assistance filing a workers’ compensation claim or you’re looking for an attorney to negotiate a settlement for you, our team at The Bollinger Law Firm is prepared to help with your North Carolina workers’ compensation needs. We have spent years assisting employees with their claims and fighting for the compensation they deserve. If you were injured while doing your job or became ill due to your workplace environment, don’t wait to see how workers’ compensation can help you.
To schedule a case evaluation with one of our team members or to learn more about our workers’ compensation services, contact us today.
]]>The following provides more information on how workers’ compensation works in North Carolina and the benefits you may be eligible for.
Workers’ compensation is a form of no-liability insurance that most North Carolina employers are required to have in case an employee is injured while at work. This insurance provides various benefits for injured or ill employees, such as supplemental wage replacements and assistance with medical bills, to assist them during their healing process. North Carolina law states that any employer with three or more employees must carry workers’ compensation insurance regardless of what kind of business they are in. This law means that LLCs, partnerships, sole proprietorships, and corporations alike all must adhere to the workers’ compensation requirements if they have three or more employees. Most North Carolina employees are eligible for workers’ compensation unless they are considered “exempt,” which includes groups such as domestic and agricultural workers.
Because the circumstances of every injury and illness are unique, there are a variety of different benefits offered through a North Carolina employer’s workers’ compensation insurance. Depending on your situation, you may be eligible for one or more of the following kinds of workers’ compensation:
One of the most common and simplest forms of workers’ compensation claims in North Carolina covers medical expenses only. In most cases, a worker that is injured on the job or diagnosed with an occupational illness has the right to file a claim for assistance paying past, current, and future medical bills that arise from their work-related condition. The employer has the right to choose their own doctors to evaluate and treat their employee, but that employee also has the right to petition for a doctor change if they believe the doctor is unfit.
There are four main kinds of disability benefits an employee can receive in North Carolina if they were injured on the job and then became disabled:
In many cases, an employee’s injuries prevent them from doing their previous job and require them to change positions. When this occurs, they may file a claim for vocational rehabilitation benefits for assistance and training to re-enter the workforce. Vocational rehabilitation benefits can include financial assistance to go back to school or for vocational training, counseling appointments, on-site job training, and more. These benefits are often offered to employees with temporary or partial disabilities who can return to work either now or in the future.
If an employee passes away due to an occupational illness or a fatal work accident, their family or the dependents they left behind can file a claim for wrongful death benefits. Families can file these claims because, in most circumstances, the individuals left behind depended on that employee for their income and emotional support in the family. The benefits may be available to the “next of kin” if the employee had no listed dependents.
A: After being injured, you must file an accident report with your employer first. From there, you can gather medical records and other documents that support your claim and prepare to file it. You must complete what is known as a “Form 18,” where you will detail the job that caused your injury or illness, your relationship with your employer, and the losses you endured that are covered by workers’ compensation.
A: Your payments will begin soon after your claim has been accepted and finalized. Payments are sent out weekly via check, detailing the exact benefits you are receiving in addition to the pay period it covers.
A: In North Carolina, the statute of limitations on workers’ compensation claims is two years. This means that an employee has two full years from when their injury occurred to file a claim with the Industrial Commission.
A: An employee that is injured or ill due to work-related causes can begin receiving compensation for lost wages if they have missed over seven days of work. However, an employee does not receive payment for the first seven days that are missed unless they suffer a disability that lasts longer than 21 days.
You might be eligible for workers’ compensation benefits if you were diagnosed with an occupational illness or injured on the job in North Carolina. At The Bollinger Law Firm, our team assists North Carolina employees with workers’ compensation claims. We understand how overwhelming a work-related injury or illness can become, especially when you’re forced to take off work to heal.
To learn more about your eligibility or workers’ compensation laws in North Carolina, contact us today to schedule a case evaluation.
]]>Employers have further legal obligations pertaining to their employees’ injuries beyond maintaining workers’ compensation insurance coverage. Therefore, if you or a loved one recently suffered an injury at work and anticipate filing for workers’ compensation benefits in North Carolina, you should know your employer’s legal duties and what you can expect from them as your case unfolds. An experienced workers’ compensation attorney is invaluable in this situation and may help you recover more substantial compensation than a workers’ compensation claim can provide.
If you sustain any injury at work, you should report it immediately, even if you believe it will only require minor medical care. Your employer must create a formal incident report of the injury and report it to their workers’ compensation insurance carrier.
The injured employer can then request the claim forms they will need to submit to seek compensation for the injury. Employers are legally prohibited from interfering with employees’ claims in any way. If you believe your employer has violated this standard, your attorney can help you determine the best options for holding them accountable. Illegal retaliation in response to a request for workers’ compensation claim forms can lead to severe penalties for the employer.
Ideally, you should report your workplace injury immediately after it happens, and your employer should direct you to seek medical attention. You should see the first available doctor for the care you need in an emergency. Otherwise, you should plan to see a workers’ compensation physician. If you needed to see another doctor for emergency treatment, you would need to see an approved workers’ compensation physician after stabilizing. After addressing any immediate medical needs, your employer should provide you with the forms you must submit to the insurance carrier and the approved list of local physicians you can see for your medical examination.
Filing a claim for workers’ compensation benefits is like filing any other insurance claim. The insurance carrier has a legal obligation to review and investigate the claim to assess its legitimacy and process it in good faith. Unfortunately, many people encounter unexpected difficulties with their workers’ compensation claims. Forgetting critical information, making a clerical error on a claim form, or missing other procedural requirements could lead to delays or outright denials of claims.
If the workers’ compensation insurance carrier has all the required information and the claim is straightforward, the claimant could receive their benefits within a few days or weeks of filing their claim. Generally, injured workers in North Carolina can expect to receive medical expense coverage and disability benefits if they cannot work until they recover. The amount the claimant receives in benefits depends on how much they earned before their injury. Most claimants will be eligible for up to two-thirds of their average weekly wage in disability benefits. The length of time their benefits continue hinges on the severity of their injury and how long it will take them to recover.
The workers’ compensation system of North Carolina aims to ensure injured workers have the financial support they need after workplace injuries. It also protects employers from most civil liability for their employees’ injuries. You typically cannot sue your employer in North Carolina for a workplace injury if they have workers’ compensation insurance. However, if they do not have insurance as required, if your employer intentionally caused your injury, or if they interfere with your claim, you may have grounds for civil action against them in addition to your workers’ compensation claim.
If a third party caused your workplace injury, you could seek accountability for damages that workers’ compensation won’t cover through a personal injury suit. A successful third-party personal injury claim can yield compensation for lost income and lost earning power that workers’ compensation doesn’t repay, along with compensation for the victim’s pain and suffering. If you think there are grounds for a personal injury suit in tandem with your workers’ compensation claim, you must speak with an attorney with expertise as quickly as possible about your legal options.
In North Carolina, an injured worker who is out of work due to a workplace injury and covered by workers’ compensation cannot be fired. Unless the employer has a legitimate and non-discriminatory reason to terminate the employee, the employee’s job should be waiting for them when and if they can resume their work duties after recovery.
Your employer may have to hire a temporary replacement if your job duties are critical, and your employer would suffer a significant loss in productivity due to your prolonged absence. When you return to work, they are legally required to offer you the same or similar position that offers equivalent compensation. If you have concerns about how an employer has handled your return to work after a workplace injury, consult your attorney to determine your best options for addressing the issue.
The right attorney can make a tremendous difference in the outcome of any workplace injury case, whether you need to file a workers’ compensation claim, a personal injury claim, or both in response to a recent injury at work. While you may think that hiring legal counsel is beyond the scope of affordability in your situation, the reality is that hiring legal counsel can yield much better results than it would be possible to obtain on your own. In addition, a good attorney can potentially reveal avenues of recovery you may have overlooked entirely, enhancing your final recovery by a substantial margin.
The Bollinger Law Firm, PC, has years of experience helping clients in North Carolina with difficult workers’ compensation claims, and we are thoroughly familiar with the responsibilities of employers regarding their employees’ workplace injuries. If you have concerns about how your employer has responded to your recent workplace injury or simply need professional assistance with your workers’ compensation claim, contact us today to schedule a consultation with our team.
]]>If you’ve experienced a significant work injury requiring surgery and that may be career-ending due to combustible dust, it may not surprise you to learn that this material has now been discovered to be quite hazardous. Now that the risks are well understood, it has sparked an outcry for the need to have more clear and explicit OSHA guidance to deal with this problem.
Still, in spite of there being no standard health protocol to address the substance, OSHA has nevertheless been inspecting workplaces for combustible dust and enforcing new rules that prevent it from being used. The General Duty Clause is what OSHA relies on to set its health and safety standards around combustible dust. The administration also references the standards of the NFPA – the National Fire Protection Association.
Combustible dust is defined by OSHA as a material that is solid, combustible, and made up of particulates – distinct pieces. It’s a highly flammable material that also poses a deflagration risk, which is a major problem when the material is suspended in an oxidizing medium. Combustible dust poses a threat to workplace safety no matter what size or shape the particles are, oftentimes leading to severe workplace injuries.
Under certain conditions and concentration levels, exposing combustible dust to a source of ignition may very easily cause an explosion, deflagration, or fire. When there are large amounts of this material throughout a workplace, it can create a chain reaction with devastating consequences.
]]>The types of machine shop accidents that lead to workers’ compensation tend to happen when employees aren’t paying attention, whether it’s due to a lack of discipline, poor training, sleep deprivation or intoxication. Using cell phones and having earbuds in is often prohibited while working these types of jobs because of how hazardous these technological distractions are known to be.
Chemical hazards may also come into play in a machine shop setting. Although some employees wear protective gear to safely complete work tasks, this is often not enough to prevent exposure to toxic substances.
Poor ventilation becomes a risk when welding is part of the job. Anything that involves finishing, grinding, or machining, in general, requires adequate ventilation.
Hand tools are another common culprit for workplace injuries in machine shops. These accidents may be caused by choosing the wrong tool, handling it incorrectly or failing to use proper protective gear. The risk of an injury-causing accident requiring workers’ comp increases significantly when the equipment isn’t properly maintained. Common tools that cause injuries at machine shops are:
Whenever workers are handling material on the job, repetitive strain injury is extremely common. This may be caused or aggravated by environmental conditions, and the longer a person does the job, the worse it gets. Things like having to be in awkward positions or prolonged exposure to vibrations can lead to repetitive strain injury.
Failure to act occurs when people don’t know the proper channels to report injuries or are afraid of speaking up. This often leads to the work injury being exacerbated. It might be because they don’t want to risk getting fired or other disciplinary action. Workers should report an injury as soon as possible so the employer can correct any safety hazards and so the worker can get compensation while they recover.
]]>One of the most common symptoms of concussion is a headache. You may also experience nausea, vomiting, dizziness and blurred vision. In more serious cases, you may experience memory loss, sleepiness and difficulty concentrating. These symptoms can last for a few days or weeks. If you have any of these symptoms, it’s important to see a doctor right away.
Although they often occur in car accidents, they can result from any type of fall, collision, or blow to the head.
Usually, concussions are caused by a blow to the head. This can happen during a car accident, a fall or even during contact sports. A concussion can also be caused by shaking or jolting of the head. What happens is the brain hits the inside of the skull and this can cause bruising, bleeding or even damage to the nerves.
The most common risk factors that can increase your chances of getting a concussion include having had a previous concussion, participating in contact sports and having certain medical conditions, such as diabetes or high blood pressure; such conditions can make the brain more vulnerable to injury.
Remember that since you can still experience concussions at your workplace, working in a high-risk occupation can also be a factor. In any case, this is often a work injury requiring surgery and may be career-ending.
Ultimately, the best way to prevent a concussion is to avoid head injuries. This means wearing seatbelts and helmets, as well as avoiding contact sports. If you do suffer a blow to your head, it’s important to seek medical attention as soon as you can to avoid any long-term effects.
]]>A workplace injury can leave the injured worker with considerable expenses. Medical bills, property damage, and lost income can all leave the employee with considerable debt. Knowing the dangers of any job is the first step in avoiding the potentially life-long injuries and expenses that come from them. Some of the typical workplace injuries that power-line workers face include:
If you have suffered a workplace injury as a power-line worker, make sure that you report the injury to your employer both verbally and via email. Once your employer is aware of the incident, consult with an attorney about what they can do to help you earn the compensation you need.
There are many causes of power-line worker injuries. By keeping aware of the risks, never taking your safety for granted, and making sure you are educated about the task at hand, you can protect your best interests and your safety as a power-line worker.
]]>Lumbar bulging discs are the most common type of bulging disc. The lumbar spine is your lower back, so this type of bulging disc is in your lower back area. Because most instances of lumbar bulging discs affect the L4/L5 and L5/S1 vertebrae, typical symptoms include leg pain, tingling, numbness and weakness. If you have any of these symptoms, you should seek medical attention. Other possible symptoms of a bulging disc in the lumbar spine are hip pain, butt pain and foot pain.
A thoracic bulging disc occurs in the mid-back, though you may experience symptoms in your chest or stomach. You might think you have a heart, lung or gastrointestinal problem. Some doctors may even misdiagnose you with one of these conditions. You should seek the second opinion of a chiropractor to find out if your symptoms are actually originating from the spine.
Your cervical spine is the neck area. Cervical bulging discs could cause serious problems, such as loss of fine motor skills, difficulty walking and heaviness in your legs. Common symptoms of a cervical bulging disc are numbness, tingling and weakness in the arms and fingers.
Poor posture, repetitive motions, trauma, poor lifting techniques and contact sports could cause a bulging disc. Some people also have a genetic predisposition to bulging discs. Deterioration of the disc’s outer layer could happen faster if you are overweight, smoke or drink too much alcohol.
The different types of bulging discs come down to which part of the spine they are in. This may influence which symptoms you experience. It’s important to seek treatment for a bulging disc to prevent it from turning into a herniated disc.
]]>Diagnosing a long-term neck injury can be a challenging task for medical professionals. Certain tests such as x-rays or an echo reading of the area can help, but many superficial neck contractions are actually nerve-related. Whether or not the medical problem may be a career-ending injury will depend on comprehensive testing beyond the first-line determination methods.
The ongoing developmental issues suggesting it may be a long-term debilitating injury are usually concluded after extensive testing, including the use of tinge units and response tests to determine damage extent. Neck injuries can extend well beyond the initial pain location after they manifest, and they can be a sign of multiple internal injuries.
While some neck injuries can be improved somewhat by surgery, there are also many cases where the surgery only stops immediate pain. In workers compensation cases, some victims may be able to return to work at a different position, but those who cannot will often want to file for workers’ compensation benefits as soon as possible. Contact a spinal injury lawyer for help.
]]>Head injuries occur in older adults mostly from falls. The elderly are frailer and have more of fall risk. Those who have multiple medical conditions are also more likely to suffer from falls and sustain a severe head injury. Men are more likely to suffer from such injuries. People age 75 and older are the most likely to experience severe head injuries such as traumatic brain injury.
According to the Centers for Disease Control and Prevention, over 80,000 older adults suffer from severe head injuries annually. Three-quarters of them end up in the hospital. Many older adults end up with bleeding in the brain due to taking anticoagulant medications. Those medications can increase the risk of bleeding even in a mild head injury.
Certain issues increase the risk as well. Older individuals with sleep disorders, a history of stroke, and those not in good overall health as well as smokers and drinkers have a higher risk of suffering serious head injuries.
Older adults are more likely to suffer serious head injuries from a fall. Unfortunately, one fall can lead to more, which can increase the risk of a severe head injury and TBI, specifically. There are steps that can be taken to prevent falls, which can reduce the risk of serious head injuries. They include the following:
• Strength training
• Balance exercises
• Wearing well-fitting shoes with traction on the soles
• Eliminating hazards that can cause trips, slips and falls
• Staying hydrated to prevent dizziness and low blood pressure
With the right preventive measures, older adults can be better protected from falls, which can give them better odds at avoiding head injuries.
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