North Carolina Workers Compensation Lawyer
Every year thousands of people are injured on the job. Sometimes people strain their back while moving heavy equipment. A logger can accidentally cut off a finger, and a delivery truck driver can be involved in a motor vehicle accident. Frequently workplace injuries can have a devastating impact on the employees' and their families' lives. Lost wages, loss of limbs, and even loss of life are encountered at workplace accidents. As a result, it is not at all surprising to find legal claims brewing between employers and employees.
In the state of North Carolina, employers with three (3) or more employees are required by law to provide workers compensation insurance. The compensation insurance may be provided by either a private insurance carrier or they may provide insurance themselves. The requirement to carry workers’compensation insurance may not be waived by the employee or employer in the state of North Carolina.
There are also situations where employers are not required to maintain this insurance. An example would be employers with less than 3 employees. In addition, sawmill and logging employers with fewer than 10 employees are also exempt. For farm and agricultural employers, their cutoff is 10 full-time non-seasonal employees. For domestic servants, the Workers’ Compensation Act only applies if there are more than 10 full-time laborers who are not seasonal.
For the most part, medical benefits for the workplace injury are provided to employees who are entitled to workers compensation benefits. The care is generally managed by the employer; however, the injured worker also has rights to obtain necessary medical care.
Payments for temporary total disability are made in an amount figured by a percentage of the worker's wage, subject to weekly minimum and maximum amounts. The payments may continue for the duration of the disability.
Payments that are made for permanent total disability are also based upon a percentage of the worker's wage, affected by weekly minimum and maximum amounts. These payments also continue for the entire time of the disability.
Payments for permanent partial disability are paid based upon a part of the worker's wage, subject to weekly minimum and maximum payment amounts. The payments for permanent partial disability continue for up to 300 weeks from the date of injury.
Scheduled awards are disbursed in addition to total temporary disability benefits beginning after termination of the end of the temporary total disability benefits.
Workers compensation benefits may be for injuries and disfigurement to the face, head, or body, when no other compensation is otherwise payable under the schedule of injuries.
Hearing loss due to occupational work may also be compensable under North Carolina law.
Death benefits are usually payable to surviving spouses and children, once again based upon a percentage of the employee's wages.