What Is Workers’ Compensation?
Workers’ compensation is a type of coverage that employers have that provides wage benefits and medical expense benefits for injured employees or those who become sick due to an incident on the job. Any business with more than three employees must obtain workers’ comp coverage. These businesses include the following:
- Sole proprietorships.
- Limited liability companies (LLCs).
North Carolina offers exceptions that exempt certain employees from the North Carolina Workers’ Compensation Act. These exceptions include the following:
- Household employees.
- Casual employees or those who do not regularly participate in the business or have regular business hours.
- Farms with fewer than 10 employees.
- Railroad employees.
- Government employees.
- Corporate officers can also choose to be excluded from coverage.
If you have received injuries at work in Greenville, North Carolina, and you believe you have a workers’ compensation case, please don’t hesitate to reach out to The Law Offices of Jason E. Taylor, P.C., today.
What Does Workers’ Compensation Cover in Greenville?
Workers’ compensation coverage protects Greenville employees on the job. It can help replace some of their medical costs and lost income if they miss work due to a work-related injury or illness.
- Workers’ compensation will cover medical treatment payment for work-related illnesses or injuries. The employer can choose the health care provider for treatment if the employer has a preferred provider.
- An employee who’s off work for longer than seven days can receive a temporary disability for a maximum of 500 weeks if the individual cannot return to work.
- Workers’ compensation may cover the death of an employee for an event that’s work-related to pay for medical expenses and possibly the burial costs and other death benefits to the employee’s family.
The workers’ compensation benefit can help in the following situations:
- An employee lifts a box and injures his or her back, resulting in needed medication and recurring physician therapy appointments. Workers’ compensation will help to cover the cost of physical therapy and other medical treatment costs.
- An employee trips and needs to go to the emergency department. The person has to take several weeks off from work to recover. Workers’ compensation will help the employee receive an income while off work.
- An employee develops a condition such as carpal tunnel after spending most of the day typing for several months. The employer encourages the individual to take time off of work to recover and obtain medical treatment in the meantime. Workers’ compensation will cover medical expenses and help recover some of the lost wages.
If you’re a Greenville business owner and must provide your employees with workers’ compensation coverage, you can obtain it from a private Insurance company.
What Are the Steps to Take If You’re Injured at Work in Greenville, NC?
If you’re injured on the job in or around Greenville, NC, you’ll need to take specific steps to protect your rights.
- Notify your employer as soon as possible, preferably in writing and orally if possible. Do so even if you’re able to return to work the same day. If you’re unable to do so, have a family member, friend, or medical provider inform your employer about your injury.
- Visit a health care provider to determine the extent of the injuries. If your employer designates a particular provider or treatment facility, then you must go there. If you have to drive more than 20 miles, you’ll be eligible for a per diem per mile that you travel over this distance.
- Inform your provider about how the accident or illness happened, such as exposure. Be sure the insurance provider knows it is a workers’ compensation injury so that your provider can update billing information appropriately and ensure documentation is correct.
- Report your injury in writing to your employer within 30 days. Keep a copy of the letter for your documentation.
- Follow any orders from medical providers that you receive. The goal is to restore your health and your ability to return to work as you were before the injury occurred. Not following treatment recommendations can jeopardize the future of your benefits.
You should also complete all paperwork you receive to help your claim process. Keep copies of everything you receive during this time as well. This documentation includes every bill, form, and letter. If an issue arises moving forward, you need to have this information to prove you did everything you were supposed to do. If your claim gets denied, our Greenville workers’ compensation lawyers can help.
Do You Need a Workers’ Compensation Attorney for a Case in Greenville?
Our law firm not only has a team of local expert personal injury lawyers, but we also specialize in cases where our clients have suffered a work-related injury, specifically in the Greenville area. If you’ve been injured or suffered an illness due to work conditions, we’re here to advocate for you and help you get the benefits you deserve. Some cases move forward with ease, but some have challenges, and when these challenges arise, you may need a workers’ comp lawyer to get the payment to which you’re entitled.
How Do You Prove Employer Negligence?
If you decide to proceed with a workers’ comp lawyer, one of the first steps we need to take is to prove that your employer was negligent, which resulted in your injury. This proof of negligence includes providing four different elements. That is, your employer owed you a duty of care and breached this duty. We must also prove that you sustained injuries resulting from this breach of duty and that your injury was foreseeable due to the breach.
Types of employer negligence include the following:
- Negligent hiring: Your employer has a responsibility to hire those who do not pose a threat of injury to members of the public, their work environment, or their fellow employees.
- Negligent retention: Employers also have the responsibility to properly train their employees to handle situations that may arise within their scope of practice at work. They may be held liable for accidents that happen as a result of the failure to do so.
- Negligent supervision: An employer can be negligent if the employer fails to monitor or control the actions taken by their employees reasonably.
If you’ve been injured due to these situations or more at work, contact one of our workers’ comp lawyers in Greenville, North Carolina, for help.
How Long Do I Have to File a Workers’ Compensation Claim in Greenville, NC?
It’s best to file your workers’ compensation benefits claim by notifying your employer within 30 days of your injury by providing both oral and written notice. You must also file your official claim by completing a Notice of Accident to Employer and Claim of Employee within two years. Your employer also has a form that he or she must complete and send to the company’s insurance carrier and the Industrial Commission. If your employer does not file the appropriate documents within this time frame, you may request assistance from an attorney or submit them to the Industrial Commission yourself.
Can I Be Laid Off While on Workers’ Compensation in Greenville?
Workers’ compensation laws in Greenville, North Carolina state that an employee injured on the job cannot be subjected to a layoff, fired, suspended, or demoted for retaliatory reasons for specific careers or activities. Under many circumstances, though, an employer may lay off or fire an employee for not performing the work outlined in the employee’s job description. If you believe you’ve received wrongful termination while receiving workers’ compensation, contact a Greenville workers’ compensation lawyer today.
What Do I Do If My Benefits Are Denied?
If your compensation claim gets denied for a personal injury that occurred while on the job, then a workers’ compensation lawyer may be necessary to get the benefits you deserve. Your employer must provide you with a notice explaining the reason that you didn’t receive benefits. You can then appeal the claim. A workers’ compensation attorney can help you appeal your claim through the North Carolina Court of Appeals and North Carolina Supreme Court to help you get the compensation and benefits you deserve.
Contact our Workers’ Comp Lawyers in Greenville, NC
If you have a workers’ compensation case, contact the attorneys at The Law Offices of Jason E. Taylor, P.C. We have more than a century of combined experience to take on your case. You need a lawyer with the knowledge to get you the compensation you deserve. Contact us at 800-351-3008 or complete our online contact form. A member of our team can answer your questions and schedule you for a 100% free consultation.