The Short Answer
Workers' compensation is a system designed to protect both employees and employers when a workplace injury or illness occurs. If you're hurt on the job in North Carolina, you're generally entitled to compensation for lost wages and medical expenses — without having to sue your employer. The amount you receive depends on two key factors: your average weekly earnings and the disability rating assigned by your doctor. An attorney can help you navigate the claims process and potentially secure a "clincher" settlement that covers future expenses tied to your injury.
Workers compensation is a practice area that can best be handled with the guidance of a workers compensation attorney. Below is a simplified introduction to workers’ compensation law. More detailed explanations of workers’ compensation laws will follow in future blog posts.
Workers’ compensation laws were developed to be beneficial to both the employee and the employer. The employee has the ability to receive compensation for lost time and medical expenses while the workers’ compensation laws ensure that the employer is safe from a lawsuit in a traditional court. The goal of the workers’ compensation laws is to fairly compensate those who are injured, develop an occupational disease, or are killed at work.
When an employee is injured at work they should notify their employer immediately and in writing. They must notify their employer within 30 days of their injury. If after being notified the employer fails to report the injury, the employee should file a claim with the Industrial Commission. That claim may be filed by using Form 18.
After reporting the injury, the employer should pay for the employee to see a medical doctor to determine the best steps for treatment. Once the doctor believes the employee has reached maximum medical improvement they will assign a disability rating.
The amount of compensation that an employee is to receive is based upon two main factors: average weekly earnings and disability rating. Those two factors are used together to determine what fair compensation would be for the employee. With the assistance of a qualified attorney, the employee may be able to obtain what is called a “clincher”. This clincher will ensure that any future expenses that arise from the workplace injury will be included in the final settlement.
To learn more about how Duncan Law can assist you and your family with a workers’ compensation claim contact us today!
Key Takeaways
- Report your workplace injury to your employer immediately and in writing — North Carolina requires notification within 30 days of the injury.
- If your employer fails to report your injury after being notified, you can file directly with the NC Industrial Commission using Form 18.
- Your employer is responsible for covering medical treatment until your doctor determines you have reached maximum medical improvement and assigns a disability rating.
- Your compensation amount is calculated using your average weekly earnings combined with your assigned disability rating.
- A "clincher" settlement can protect you by ensuring any future costs related to your workplace injury are included in your final payout.
- A qualified workers' compensation attorney can help you understand your rights and work toward the full compensation you're entitled to receive.
