What Is Workers’ Compensation and How Does It Function?

The North Carolina Workers’ Compensation Act mandates that employers with three or more regular employees carry workers’ compensation insurance. This law is applicable to nearly all employers in Gastonia, regardless of their industry or business type. There are instances where an employer must provide workers’ compensation coverage even if they have fewer employees, such as businesses where employees are exposed to radiation.

Certain types of workers are exempt from this requirement, including casual employees, domestic workers, specific railroad employees, federal employees working in North Carolina, and some agricultural workers.

Employers who fail to have the necessary workers’ compensation insurance can face fines or even jail time.

What to Do If You’re Injured at Work in Gastonia

If you get hurt on the job in Gastonia, you should immediately notify your employer. Keep a detailed record of your injury and symptoms daily. Seek medical attention promptly, even if the injury seems minor, as minor injuries can worsen over time. If your claim is complicated or has been denied, contact the Gastonia workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. as soon as possible.

Challenges in Workers’ Compensation Claims

When filing a workers’ compensation claim in Gastonia, be prepared for potential obstacles. Not all denials are unwarranted. Claims can be denied if the injury resulted from intentional acts, horseplay, or activities under the influence of drugs or alcohol. Denials may also occur due to employee errors, not notifying the employer within the required time, not following prescribed treatment, or making mistakes on forms.

Sometimes, insurance companies make mistakes. These companies aim to minimize payouts and might claim your injuries are exaggerated, preexisting, or not work-related. They may clear you to return to work even if you disagree or argue that you are an independent contractor instead of an employee.

Do You Need a Workers’ Compensation Lawyer in Gastonia?

If your claim is denied, consult with our Gastonia workers’ compensation lawyers immediately. Navigating the legal process alone can jeopardize your right to benefits. An experienced attorney can help you secure the compensation you deserve.

The Role of the North Carolina Industrial Commission (NCIC)

The North Carolina Industrial Commission (NCIC) is responsible for overseeing the North Carolina Workers’ Compensation Act. This includes handling disputed claims by facilitating mediation and making impartial decisions. The NCIC also investigates alleged violations of workers’ compensation laws and provides training to employers to help reduce workplace accidents. Additionally, the NCIC can assist injured workers by facilitating necessary medical care and rehabilitation services.

Applying for Workers’ Compensation in Gastonia

If you experience a work-related injury or illness in Gastonia, report it to your employer immediately and seek medical treatment without delay. Your employer should provide you with information on the company’s workers’ compensation process. Make sure to inform the doctor that the injury or illness is related to your job and provide your employer’s contact details for billing purposes.

You must submit a written notice of your injury to your employer within 30 days. Keep a copy of this notice for your own records. If you have any additional evidence, such as photographs, maintain copies of these as well. It’s crucial to follow the treatment plan provided by your workers’ compensation doctor to prevent denial of your claim.

Filing Deadlines for Workers’ Compensation Benefits

In Gastonia, you must notify your employer within 30 days of any work-related accident. Filing a Form 18 with the North Carolina Industrial Commission (NCIC) typically satisfies this requirement. The statute of limitations for workers’ compensation claims in North Carolina is two years. If you do not have a Form 18 on file with the NCIC within this period, you forfeit your right to benefits.

What to Do If Denied Workers’ Compensation Benefits

If your workers’ compensation claim is denied, do not panic. A denial does not necessarily mean you will not receive benefits. There are several appeal options available, but you need to act quickly. It is crucial to contact an attorney promptly to discuss your options and ensure you meet all necessary deadlines.

Frequently Asked Questions

Prospective clients often have many questions about workers’ compensation benefits. Here are answers to some common questions:

Can You Be Laid Off While on Workers’ Compensation?

In Gastonia, you cannot be dismissed solely for filing a workers’ compensation claim or as a form of retaliation. However, you may be laid off for other legitimate reasons while you are receiving benefits. If your injury results in a layoff, you may still qualify for temporary total or partial disability benefits.

Can You Sue if You Accept Workers’ Compensation?

Typically, you cannot file a lawsuit against your employer if you are receiving workers’ compensation benefits. However, you may be able to sue a third party who is responsible for your injuries. For instance, if you were involved in a car accident while working, you could pursue legal action against the driver at fault.

Does Workers’ Compensation Always Offer a Settlement?

Receiving workers’ compensation benefits does not guarantee that you will receive a settlement offer. In Gastonia, not all cases settle, and you cannot compel the workers’ compensation insurance carrier to offer a settlement. Depending on your circumstances, it might be advantageous to keep your case open. Sometimes, the insurance company may propose a lump sum settlement to close your case, which would prevent you from seeking additional compensation or benefits in the future if further issues arise.

Do I Have To Pay Tax on a Workers’ Compensation Settlement?

No, workers’ compensation benefits are not subject to federal or North Carolina state taxes. This tax exemption also applies to lump sum settlements. However, if you are receiving Social Security Disability (SSD) benefits simultaneously, there may be an offset (reduction) of your SSD benefits.

Do You Have To Prove Employer Negligence in Gastonia?

No, you do not need to prove negligence on the part of your employer or co-workers. Even if your own negligence contributed to your injury, it will not be held against you. The workers’ compensation system operates as a no-fault program, ensuring that you receive benefits for work-related injuries or illnesses regardless of fault.

Contact Our Workers’ Compensation Attorneys in Gastonia, NC

If you have questions about filing a workers’ compensation claim, reach out to the Gastonia workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. today. With years of experience handling North Carolina workers’ compensation cases, we have assisted many clients in securing the benefits and settlements they deserve. To learn how we can help you, schedule a consultation with our office today.