Workers Compensation in North Carolina
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 workers' compensation claims brewing between employers and employees.
In the state of North Carolina, employers with three or more employees are required by law to provide workers compensation insurance. The workers compensation insurance may be provided by either a private insurance carrier or the employer may be self insured. Workers compensation rights are governed by state law (the Workers Compensation Act) and neither the employer or the employee may waive rights or contract rights away under the Act.
There are certain situations where employers are not required to maintain workers compensation insurance. Employers with less than 3 employees are exempt as are sawmill and logging employers with fewer than 10 employees. 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.
In terms of benefits, for a claim accepted by the employer and its insurance carrier, the Workers Compensation Act provides for medical care related to the on-the-job injury and for part of your wages. Usually, the employer will be the one who selects the physician to provide care, but the employee also has rights concerning medical treatment. While unable to work, an employee may be entitled to partial wages through either temporary, permanent or partial disability benefits.
Payments for temporary total disability (2/3's of the employees average weekly wage) are made when an employee is unable to work after a workplace injury subject to minimum and maximum amounts. The payments may continue for the duration of the disability.
Payments for permanent total disability may be made if an injured worker is not able to return to work. These payments may continue for the entire time of the disability.
Payments for permanent partial disability are paid based by comparing the wages in a new job with the wages previously earned in the job where the employee was injured. The payments for permanent partial disability may continue for up to 300 weeks from the date of the injury.
Scheduled awards, based on a disability rating, may be disbursed in addition to temporary disability benefits after an injured worker has returned to work at the same or similar wage at the conclusion of the temporary disability benefits.
Workers' compensation benefits may also be obtained for injuries and disfigurement to the face, head, and 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.