The Bollinger Law Firm, P.C.

Posts tagged "workers' compensation claim"

Injured Truck Drivers and North Carolina Workers' Comp Claims

Many truck drivers can file their injury claims here in North Carolina even if the driver is hurt in another state.  This is because of the "jurisdiction" rules of the NC Workers' Compensation Act.  The workers' compensation benefits under NC law may be better than the benefits in other states.  For instance, Florida only allows 104 weeks of TTD (temporary total disability) payments.   North Carolina allows up to 500 weeks of TTD.   Being able to pursue your claim under North Carolina workers' comp law is important if you live here in our state.  Your doctors are likely to be here near your home, and it is much easier to fight the insurance company here on your home turf than to have to travel to Kansas or Oregon to do it.  Under NCGS 97-36, an injured worker can file his or her claim in North Carolina if: 

When is my injury covered by workers' compensation?

Since working takes up such a large portion of North Carolina workers' days, they may end up forming friendships with the people with whom they work and engage in conversations or horse around with each other on the job. This can be expected-no one works all day without fooling around a little with one's colleagues. Most of the time, the horseplay and joking around is harmless, but it is possible that an employee could get hurt during the course of this type of incident. Are these injuries covered by workers' compensation, as they were sustained while in the workplace, but maybe not strictly while working?

What are distractions that lead to workplace injuries?

North Carolina residents know they shouldn't be texting and driving, but do they know about cellphone regulations on the job? With 61 percent of people across the country owning a cellphone, and 3 billion text message being sent during a single day, chances are that more and more people are using their cellphone while working. And even though people assume using a cellphone while driving is the only unsafe behavior, the reality is that using a cellphone while working is just as big a distraction and can lead to someone getting hurt on the job.

Safety tips to avoid work accidents in snowstorms

As the country is covered by relentless snow storms, and children are kept home from schools one snow day after another, not every North Carolina worker may have the luxury of sipping warm coffee at home in front of a fire. Many have to go into work, and their work is even more necessary because of the snowstorm;their jobs facilitate others when it is snowing, such as clearing snow from the road, removing damaged power lines or fallen trees.

Who should carry workers' compensation?

North Carolina employees may hear a lot about workers' compensation and how it is their right to file a claim to recover compensation to cover medical bills associated with a work accident, but they may not know if their company carries worker compensation or not.

What is covered by North Carolina workers' compensation?

North Carolina workers may be aware that they can file for workers' compensation, if they get hurt on the job, and they may receive workers' compensation benefits in lieu of their injury. However, they may not be fully aware of what is covered by these benefits.

Injuries covered by North Carolina workers' compensation

After going over the blog posted on the Charlotte NC Workers' Comp Law Blog last week regarding the rejection of workers' compensation benefits to injured state workers because their injuries were not sustained during the course of their employment, North Carolina workers may be worried about what injuries do come under the scope of workers' comp. The simple answer is that any injury that is in connected to an employment condition or requirement is covered by workers' compensation.

Court holds NC state workers hurt outside course of employment

When a worker gets injured on the job, he or she may be able to file a workers' compensation claim. A successful claim can ensure their medical expenses arising out of the injury are covered and lost wages are recouped. However, even though it is an injured worker's right to file a claim, a case is not always initially successful. It is therefore important to know not only the applicable rules of the workers' compensation process, but also what it entails. Not every accident is a slip-and-fall at an office space. In fact, some accidents take place outside of the immediate workspace and the rules governing such injuries can be complex.

Workers' Compensation claims rise in North Carolina

North Carolina employers and employees alike may not be aware that companies within the state with three or more employees must carry workers' compensation insurance. Those companies that fail to comply with this rule may face severe penalties, including a fine of up to $100 a day and, if a worker gets hurt on the job in the meantime, the worker's treatment cost is added to the fine. According to the executive secretary of the North Carolina Industrial Commission, enforcement of these rules is strict because uninsured workers do not have any other recourse, forcing them to turn to public assistance or pay out of their own pocket.

Who is responsible for temporary injured workers?

Usually, when a North Carolina employee is injured on the job, they can file a workers' compensation claim to recover costs associated with their injury, including medical bills and lost wages. A workers' compensation claim is usually available for full-time workers. The Occupational Safety and Health Administration is in charge of ensuring safe workplace conditions for all employees, so when a work accident takes place, the agency also sends inspectors to investigate the accident and hold the employer accountable if necessary. This is usually the case when a full-time worker gets hurt on the job. But what happens when a temporary worker is injured?

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