Workers' Compensation
Workers’ compensation insurance provides wages and medical benefits to individuals suffering work-related injuries or illnesses.
In North Carolina, no compensation is due for the first seven days of lost time unless the disability lasts more than twenty-one days.
For medical benefits, the insurance provider will start paying when your workers’ compensation claim is approved.
A North Carolina workers’ comp lawyer can outline the workers’ compensation process, show you how to file your claim and help maximize your recovery.
Contact an attorney at Mehta & McConnell, PLLC, to schedule a free initial consultation.
How Does Workers’ Comp Work?
State law requires certain employers to carry workers’ compensation insurance to cover their workers in the event of a workplace injury or illness. It does not matter whether someone is at fault for the injury.
The workers’ compensation benefits pay for:
- Medical expenses necessary to diagnose and treat the work-related injury or illness;
- Permanent or temporary wage replacement payments; and
- Vocational services, including training, education, and support if you need to transition to a new position.
Workers’ compensation benefits continue until the employee can return to work.
To begin the workers’ compensation process, the worker must report their illness or injury to their employer in writing. It is best to report your workplace injury as soon as possible, but the deadline is thirty days.
The employer is required to file the necessary paperwork with their workers’ compensation insurer or the North Carolina Industrial Commission.
In many cases, you will know within fourteen days whether your workers’ compensation claim is accepted or denied.
However, under North Carolina Industrial Commission Rules, the employer or insurance carrier has between thirty and ninety days to accept or deny your workers’ compensation claim once they receive notice that it has been filed.
Your employer should provide you with information about an approved medical provider for diagnosis and treatment.
When Will I Receive My Workers’ Compensation Payment?
Medical benefits provided by workers’ compensation will start once your claim is approved.
Compensation for lost wages is not due for the first seven days of lost time unless the disability lasts more than twenty-one days. Workers’ compensation payments occur weekly.
When Does Workers’ Comp Start Paying? Contact a Lawyer to Find Out
When you work with our team at Mehta & McConnell, you are hiring North Carolina State Bar board-certified workers’ compensation attorneys.
Our attorneys have over thirty years of combined legal experience handling workers’ compensation matters in North Carolina.
We are confident that we have the knowledge, commitment, and experience to secure a favorable outcome on your behalf.
With experience as insurance defense lawyers, we know how companies evaluate and why they deny workers’ compensation claims.
Our inside knowledge helps us build strong workers’ compensation claims for our clients. We will look out for any predatory tactics the insurance company employs to wrongfully deny or delay your benefits.
Contact Mehta & McConnell today to schedule a free, no-commitment consultation with a North Carolina workers’ compensation attorney.
Frequently Asked Questions (FAQs)
Filing a North Carolina workers’ compensation claim may create questions about the best way to handle your case.
Our team of workers’ compensation attorneys provided answers to some frequently asked questions below.
How Much Can I Recover in a Workers’ Compensation Claim?
Your recovery in a workers’ compensation claim hinges on the type and severity of your injury.
An injury that prevents you from working at all is often worth more than an injury that only prevents you from working half the time.
A worker can recover temporary total disability (TTD) if they are unable to work in any capacity for some period of time as a result of their illness or injury.
How Can a Lawyer Prove a Workers’ Compensation Injury?
Workers’ compensation will not cover your injury if it does not happen at work. Thus, you will need as much evidence as possible to help establish that your injury happened at work.
Examples of evidence your attorney can use to show where the injury occurred include:
- Eyewitness statements,
- A copy of your employer’s accident report,
- Photos of the scene of the incident,
- Photos of your injuries,
- Surveillance footage, or
- Medical reports.
Evidence about your workplace accident will disappear if you do not preserve it. For instance, surveillance footage is routinely erased after a certain amount of time. Requesting the footage will preserve the evidence for future use.
Once you establish the location of the accident, your attorney can use your medical records and doctors’ testimony to prove the severity of your injury.
How Do Workplace Injuries Occur?
While no one expects a workplace injury to affect them, you or someone you know may get hurt at work at some point. Examples of ways workplace injuries and illnesses occur include the following:
- Falling off a ladder;
- Slipping on a wet floor;
- Lifting heavy objects;
- Being struck by a piece of equipment;
- Smashing a body part between pieces of machinery; and
- Breathing in hazardous fumes on a job site.
If you suffered a workplace injury, reach out to an attorney as soon as possible.
Viral Mehta
Viral Mehta is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. He enjoys spending time with friends and family, traveling, sports, and reading.
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