How Workers Compensation Law in North Carolina Works

How Workers Compensation Law in North Carolina Works

April 6, 2023 Off By Glespynorson

Worker’s comp law in North Carolina offers wage replacement and medical treatment for all injury victims who are unable to do their duties. This is very different from negligence and tort systems in North Carolina that allows people to recover compensation for their medical bills, lost wages, and pain & suffering.

Under North Carolina workers’ compensation law, employees can be entitled to benefits of workers’ comp when they are injured as the result of occupational diseases or accidents. When all the elements of these claims are proven, workers’ comp benefits become available to cover the economic losses.

Claims Process of Workers’ Comp

Workers’ comp is a kind of mandatory insurance, which workers in the state should carry. This insurance is designed to offer wage replacement and medical benefits when workers get injured while in the line of duty. Not to mention, it requires workers to prove negligence or fault to recover compensation.

Types of Injuries that Workers’ Comp in North Carolina Covers

There are three major categories of injuries related to work. These include occupational injuries, stress injuries, and traumatic injuries. Occupational injuries are often caused by exposure to harmful conditions or toxins in a workplace. These include all the illnesses caused by neurological disorders, industrial asthma, hearing loss, poisoning, chemical burns, and toxins, such as asbestos.

On the other hand, stress injuries include repetitive strain injuries, such as neck/back strain, tendinitis, carpal tunnel syndrome, and other injuries related to body movements and positioning associated with the job. These stress injuries don’t happen overnight. They are caused by an individual’s position while driving, lifting, or sitting.

Lastly, traumatic injuries are often caused by specific accidents or events. These may include injuries such as the following:

  • Electrocutions
  • Head injuries
  • Broken bones
  • Neck and back injuries

Out-of-State Workers' Compensation Injuries: NC Jurisdiction and Insurance  Coverage Implications - Teague Campbell Dennis & Gorham

Statutes of Limitations

The statute of limitations for workers’ comp claims in the state is two years. If you get chronic work-related injuries, like carpal tunnel syndrome, the statute of limitations starts when you experience symptoms.

In contrast, personal injury claims in the state should be brought within the first three years. And unlike worker’s comp, you must prove negligence as the key factor contributing to your accident.

When to Involve an Attorney

The decision to hire a workers’ comp attorney in North Carolina when you get injured at work solely depends on the situation of your case. After you get injured, as well as file a form 18, your boss will deny or accept your claim.

If the claim is denied, hiring the right workers’ comp attorney in North Carolina will be best. But even if the claim is accepted, you can still enlist the services of a lawyer who will ensure your employer agrees to pay for your medical treatment.

The Takeaway!

It is a very stressful time if you get injured at work. Apart from dealing with physical injuries as well as your boss, you will also need to deal with nurse case managers, workers’ comp systems, insurance companies, and doctor’s offices. This is why it is best to enlist the services of a North Carolina workers’ compensation lawyer.