WORKERS COMPENSATION FREQUENTLY ASKED QUESTIONS

Q) WHAT SHOULD I DO IF I AM INJURED ON THE JOB?

The first thing that should be done is to notify your employer that you were injured.  You should fill out all forms required by your employer, including incident reports, and also file a Form 18 with the North Carolina Industrial Commission.  You should also seek medical treatment, being careful to give a clear and full history to the physician. It is very helpful to at least consult with an experienced worker compensation attorney at this stage.

Q) DO I NEED LEGAL REPRESENTATION IF I AM INJURED ON THE JOB?

Because workers compensation claims can be so complex, and there is so much intricate, detailed law contained in the workers compensation system, it is important to at least seek experienced legal counsel early.  We can tell you whether you need representation at the initial, free consultation.  You have a right to seek the attorney of your choosing, and it is important to not only get legal advise, but get it from an attorney experienced in handling these types of claims.  Your attorney can assist you in protecting your rights to all benefits you are entitled to, as well as notify your employer and their insurance company.

Q) WHAT BENFITS AM I ENTITLED TO UNDER WORKERS’ COMPENSATION LAW?

Benefits include weekly payments which are based on a percentage of the employee’s average weekly wage.  These benefits also can include temporary total disability, partial disability permanent and total disability, medical bills, death benefits, vocational rehabilitation, death benefits, and permanent loss of function and disfigurement.

Q) WHAT IF MY EMPLOYER HAS DENIED MY CLAIM?

If your employer has denied your claim, it is important that you seek legal representation promptly to preserve your rights.  If you prevail against the employer, you will be entitled to all back benefits, including medical expenses, temporary total disability, and possibly other benefits as well.

Q) DOES IT MATTER WHERE THE CLAIM HAPPENED IN NORTH CAROLINA?

Workers compensation claims in North Carolina are under the jurisdiction of the Industrial Commission, located in Raleigh.  Hearings will be held for various matters and issues by The Executive Secretary of the Industrial Commission, individual hearing officers, and appeals by the Full Commission.  The District and Superior Courts located in each county have no jurisdiction over workers compensation claims.

Q) WHAT IF I WAS OUT OF STATE WHEN THE INJURY OCCURRED?

Even if you were out of state when your injury occurred, often these claims can still be covered by  North Carolina Workers Compensation laws.  In particular, whether your company is based in North Carolina, or you were hired in North Carolina, as well as other factors, are helpful in establishing North Carolina jurisdiction.  North Carolina laws are more employee friendly than many other states, so it is important to weigh all these factors.

Q) WHAT ARE SOME OF THE DANGERS OF SETTLING MY CLAIM WITHOUT LEGAL REPRESENTATION?

First of all, be wary of  friends that have had a claim and give you legal advice.  There are many issues that they are usually not aware of.  In fact, most attorneys that do not have a significant workers compensation practice can be unaware of some of the nuances and intricacies of the law in this area.  Some of the issues that can be troublesome include Social Security Disability offsets and how to minimize them in settlements, Medicare issues including Medicare wanting offsets for future benefits in certain types of cases, Medicaid liens, and Federally protected health care liens under federal ERISA statutes.  These issues are all in addition to the multiple issues that come up under  the Workers Compensation Statutes of North Carolina.  Every case and situation is different, so it is important to get legal advice from ezperienced legal counself verses in the intricacies of workers compensation litigation.

Q) WHAT IF I AM INJURED IN A MOTOR VEHICLE COLLISION?

If the injury occurred on the job in a motor vehicle accident and another person is at fault, you are entitled to pursue claims against the driver of the motor vehicle for personal injury, as well as a workers compensation claim.   These types of claims involve extra diligence and care because of the interaction between these two areas of law.  Allen Smith and our staff are experienced in handling these types of claims.  Specifically, the personal injury claim needs the services of an attorney capable of giving effective representation in front of a jury, as well as evaluating which cases to settle or prosecute in what order.

Q) CAN I PURSUE A TORT ACTION FOR PERSONAL INJURY AGAINST THE PERSON WHO NEGLIGENTLY CAUSED MY INJURY ON THE JOB?

You cannot pursue a personal injury action directly against a co-employee.  You CAN pursue a personal injury or tort action against a negligent independent contractor that causes your injury while you are on the job.  In these cases you can also still pursue your workers compensation claim.  It is obviously important to seek legal counsel in these matters.

Q) WHAT IF I AM INJURED ON THE WAY TO WORK OR IN THE PARKING LOT IF MY EMPLOYER?

In these situations, it is important to be aware that every situation is different.  Many times these claims are compensable.  Whether the workers compensation act affords coverage depends on many different factors.  Again, consult an experienced workers compensation attorney to determine your rights.