Workers' Compensation Lawyers North Carolina - F.A.Q.'s
NORTH CAROLINA WORKERS’ COMPENSATION LAWYERS
WORKERS’ COMPENSATION FREQUENTLY ASKED QUESTIONS AND ANSWERS FOR NORTH CAROLINA PROSPECTIVE CLIENTS
Many times, injured workers do not know their rights, obligations, or benefits under the North Carolina Workers' Compensation Act. These questions and answers are general in nature and should not be used as specific legal advice for your case. However, these questions and answers do outline
common problems and legal issues that arise in workers' compensation cases.
If you have been injured at work, you may call our office for a free legal consultation with one of our workers' compensation lawyers. We will be happy to discuss the specific facts and issues of your case with you.
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Are all on the job injuries covered by workers' compensation?
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When I am injured at work, how much time do I have to report it to my employer?
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Are all on-the-job injuries covered by workers’ compensation?
1. Are all on the job injuries covered by workers' compensation?
ANSWER: No. Injuries are covered only if they arise in the course and scope of your employment and in a compensable fashion. You must be injured by accident, by specific traumatic incident, or by an occupational disease process. Each of these terms is extensively defined in the law. Basically, an accident means that something unusual had to happen, such as a trip, slip or fall, which causes you to be hurt. However, any unusual circumstance may constitute an "accident." A "specific traumatic incident" has to be related to the work assigned, and only applies if you injure your back or develop a hernia. An occupational disease occurs when you contract one of approximately twenty listed occupational diseases, such as blisters, anthrax, tenosynovitis, asbestosis, various types of poisoning, hearing loss, and other conditions. In addition, if you have a disease which is characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed, then you may have an occupational disease.
2. When I am injured at work, how much time do I have to report it to my employer?
ANSWER: You should report it immediately. In North Carolina the law allows you up to thirty days to make a written report, but the best practice is to report it immediately to your supervisors and fill out a written accident report and turn that in to the appropriate person at work. Try to keep a copy of the written accident report for your own records. It is far better to report an accident that turns out to be nothing than it is to assume your injury will not be significant, fail to report it, only to find out later that you have a serious, unreported injury. Cases are often denied because the employee did not report the accident or injury as promptly as he should have.
3. How long do I have to file a claim after I'm injured?
ANSWER: You must take action. You have two years to file the claim with the Industrial Commission, under most circumstances. You are required to report the accident to your employer in writing within 30 days. If you have an "occupational disease," file as soon as the doctor tells you about it. When we represent an injured employee, we file the claim with the Industrial Commission so that you do not have to worry about the two year limit.
4. If I am out of work due to an on-the-job injury, does my employer or its insurance company have to pay me the same amount I made when I was working?
ANSWER: No. Your "compensation rate" is 2/3 of your average weekly gross wages. Your average weekly wage is the average of your gross pay over the fifty-two weeks prior to your injury in the employment in which you were injured. In other words, if you had worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty‑two weeks immediately preceding your injury would be added up, divided by the number of weeks worked, and then reduced to 2/3 to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum. For the year 2006, the maximum is $730.00 per week.
5. Are all on-the-job injuries covered by workers’ compensation?
ANSWER: No. Injuries are covered only if they arise in the course and scope of your employment and in a compensable fashion. You must be injured by accident, by specific traumatic incident, or by an occupational disease process. Each of these terms is extensively defined in the law. Basically, an accident means that something unusual had to happen, such as a trip, slip or fall, which causes you to be hurt. However, any unusual circumstance may constitute an "accident." A "specific traumatic incident" has to be related to the work assigned, and only applies if you injure your back or develop a hernia. An occupational disease occurs when you contract one of approximately twenty listed occupational diseases, such as blisters, anthrax, tenosynovitis, asbestosis, various types of poisoning, hearing loss, and other conditions. In addition, if you have a disease which is characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed, then you may have an occupational disease.
6. When should I hire a lawyer?
ANSWER: You should hire a lawyer if one or more of these issues are present in your case:
a) Your case has been denied; or
b) Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss; or
c) The insurance company has understated your "average weekly wage" and therefore your compensation rate; or
d) You are having trouble getting the medical treatment that you believe you need; or
e) The case has been neither accepted or denied, but quite a bit of time has passed since you were hurt and you are not able to get a response from the employer or insurance company on your own; or
f) You have been released by your treating doctor but you feel you need additional medical treatment; or
g) You have been injured at work and subsequently fired by your employer; or
h) You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages; or
i) You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating; or
j) You have been offered a settlement by the insurance company, but you don't have any idea whether it is a fair settlement or not; or
k) You simply want the guidance of an experienced professional to help you through the maze of workers' compensation.
7. How much will it cost for me to hire a lawyer?
ANSWER: Most experienced workers' compensation lawyers charge a 25% contingent fee on the benefits obtained for you through the Industrial Commission procedures. This means that if we get your weekly checks started for you, we would be entitled to request a fee of one fourth of the weekly check amounts. Or, if we settle your case for $10,000.00 we would be entitled to request a fee of one fourth of that amount, or $2,500.00. The expenses of pursuing your case are in addition to the 25% fee. Legal fees must be approved by the North Carolina Industrial Commission, so lawyers tend to charge about the same amounts all across the state. If you are going to pay the same amount for an experienced lawyer as you will for an inexperienced lawyer, you should choose a more experienced workers' compensation lawyer with whom you are comfortable.
8. How do I go about hiring a lawyer?
ANSWER: First you should look for an experienced workers' compensation lawyer. At Bollinger & Piemonte, PC, we handle at least one hundred workers' compensation cases a year, representing only the injured employees. Bob Bollinger is a Board Certified Specialist in Workers' Compensation Law. George Piemonte has years of workers' compensation experience as well.
However, there are a number of fine workers' compensation lawyers in North Carolina, and you should ask any lawyer that you are thinking about hiring how much experience he or she has with North Carolina workers' compensation cases. Beyond that, you should try to hire a North Carolina Worker Compensation attorney who has time to talk with you about your case initially and with whom you are comfortable discussing medical issues, your income, and your hopes for the future.
If you or your loved one has been injured on the job or has been denied a workers’ compensation claim, contact us today at 866-798-2919 or via the email contact form in the left column for your FREE workers’ compensation consultation. Workers Compensation lawyer fees are paid from the proceeds of your case.
