North Carolina Workers Compensation Lawyer in the Smithfield Area

Every year thousands of people are injured on the job in Smithfield, North Carolina. 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 lawsuits brewing between employers and employees.

In the state of North Carolina in Smithfield, employers are required by law to provide workers compensation insurance for all employees. The compensation insurance may be provided by either a private insurance carrier or they may provide insurance themselves. The compensation insurance may not be waived by the employee or employer in the state of North Carolina in Smithfield. Waivers of insurance in this category are null and void.

There are certain situations that may not require employers to maintain this insurance in Smithfield. An example would be employers with less than 3 employees are exempt. 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 state compensation act only applies if there are more than 10 full-time laborers who are not seasonal.

For the most part, full medical benefits are given to employees who are entitled to workers compensation benefits in Smithfield. There is generally no real monetary or time limit. The employer will be the one who selects the physician who provides the 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 should 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 dished out 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.

Scheduled awards are disbursed in addition to total temporary disability benefits beginning after termination of the end of the temporary total disability benefits. The scheduled awards are not made smaller because of the receipt of temporary total disability.

Workers compensation benefits may be for injuries and disfigurement to the face, head, body, when no other compensation is otherwise payable under the schedule of injuries.

Hearing loss due to occupational work in Smithfield 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.