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If you have been injured in a work-related accident or have an occupational disease, you may be eligible for workers’ compensation benefits. The Workers’ Comp Act in North Carolina was passed by the North Carolina Legislature in order to compensate employees who have been hurt at work. It is designed so that if you are eligible, you can obtain coverage for your medical expenses and a percentage of your lost income, as well as additional, further benefits in many cases.
Workers’ compensation is a “no-fault”, limited liability form of insurance, which covers medical expenses and provides lost wage compensation to employees injured as a result of a compensable injury by accident or occupational disease. In many cases, you are eligible for compensation even if you were negligent in causing your injuries–hence the “no fault” aspect of the insurance coverage.
In North Carolina, employers with three or more employees generally are required to maintain workers’ compensation insurance, unless the employer qualifies as a self-insured entity. This means that your employer, if required to maintain coverage, pays the workers’ compensation premiums to their workers’ compensation insurance provider. The State of North Carolina–and, specifically, the North Carolina Industrial Commission–maintains a publicly available database listing the the workers’ compensation insurance information of applicable employers.
You may not be covered if you are working as the following: volunteer, independent contractor, owner of a business but do not maintain coverage for yourself under your workers’ compensation policy, federal employee, or railroad employee.
An injured worker can receive benefits in North Carolina, even if they are also receiving benefits in another state. If the employee was injured in North Carolina, the employee primarily works in North Carolina, and/or the employment relationship was initiated in North Carolina, or the employer is based in North Carolina, then the employee can likely file a North Carolina “workman’s comp” claim.
Attempting to manage a workers’ compensation claim on your own can be overwhelming. If you have questions regarding how to protect your right to workers’ compensation benefits, contact us today for a FREE initial consultation.