North Carolina Workers’ Comp Law
North Carolina Workers’ Comp Law
If you work in North Carolina, it is important to understand how its workers’ compensation laws operate, especially if you are injured while at your place of work. The law requires all businesses having three or more workers to apply for a workers’ compensation insurance to protect or cover their employees. While many companies have this insurance, the question that many people ask is whether any person qualifies for compensation. Does an employee on contract qualify for the workers’ compensation benefits? Here is a brief discussion of the key workers’ compensation requirements and guidelines as provided for under the North Carolina Work Comp Laws and general statutes (NCGS) (for more info: workers comp attorney ).
Statute 97-2: It defines the term “employee” and “employment” to help clarify the eligibility of an employee to claim benefits after sustaining work-related question. An employee is any person engaged in gainful work whether on contract, permanent or apprenticeship. It covers all the state officers, the members of the North Carolina National Guard.
An employee whether an independent contractor or not will qualify for compensation provided that he or she is injured while performing his or her duty. Therefore, even independent workers fit into the definition of an employee under the NC workers’ compensation law.
NCGS 97-19: (Criteria for determining the eligibility of a driver). Commercial truck drivers or trailers may be permanent or independent contractors of a company. Therefore, whether you are retained by a business or work as a contractor, you meet the legal definition of an employee.
NCGS 97-22: (Employer Notification requirements after a workplace accident). An injured worker or an employee’s representative is required to notify the employer in writing immediately following a work-related accident. The law dictates that one should notify the employer within 30 days of the injuries.
NCGS 97-18: (When to Expect Benefits). This statute explains when an injured employee should expect the compensation upon the approval of the insurance claim by the employer or the insurance administrator. The statute says that the first payment should be made 14 days after receipt of the notification of the injury or death. Thereafter, the benefits are to be paid in weekly installments
North Carolina’s workers’ compensation is a classic example of a no-fault system. This means that an injured employee in North Carolina qualifies for compensation, regardless of whether he or she is responsible for the accident. However, compensation is determined on a case-by-case basis.
NCGS 97-27: (Medical Treatment Costs). This statute states that an employer in North Carolina shall pay all medical expenses incurred by the injured employee.
NCGS 97-31: (Injuries Covered). This statute focuses on the payment schedule for employees who lose their eyesight, hearing ability or are amputated. It also lists all major treatments that include injuries to major internal organs such as the kidneys.
While not every worker’s compensation claim requires a on-the-job injury , it is advisable to retain one because of the complexity of the laws in North Carolina.
What to Do after a Sustaining Work-related Injuries
Nobody wishes that he or she is injured while at work, but in the event that you are injured, you need to know what to do in order to obtain your rightful compensation under the law. You need to seek immediate treatment no matter how small the injuries may be. You also need to contact an attorney who is board-certified and specialized in North Carolina Workers’ Compensation law. Such a lawyer is well prepared to explain to you your rights and specific options available to you. Some of these cases may appear straightforward and this may prompt an employee to handle the matter by himself. However, it can be tricky, especially because filing the case involves a lot of paperwork and procedures that must be followed to the latter. In some cases, a claim may be denied, requiring a highly experienced work comp lawyer to appeal on your behalf.