Understanding Workers’ Compensation and Its Function

According to the North Carolina Workers’ Compensation Act, employers with three or more regular employees are required to have workers’ compensation insurance. This regulation covers almost all employers in Huntersville, regardless of their industry. There are instances where even smaller employers must provide workers’ compensation coverage, such as those with employees working in radiation-exposed environments.

Certain industries are exempt from this requirement, including those employing casual workers, domestic staff, specific railroad workers, federal employees in North Carolina, and some sellers of agricultural products.

Employers who are obligated to carry workers’ compensation insurance but fail to comply may face penalties or imprisonment.

What Should You Do if You Get Hurt at Work in Huntersville?

If you sustain an injury while working in Huntersville, it’s crucial to notify your employer immediately. Document your injury and how you feel each day. Seek medical attention right away, even if the injury seems minor, as minor injuries can worsen over time. If your claim is complicated or has been denied, contact the workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. as soon as possible.

Common Challenges to Workers’ Compensation Claims

When filing a workers’ compensation claim in Huntersville, be aware of potential challenges. Not all denials are unjustified. Workers’ compensation benefits typically do not apply if the injury resulted from intentional acts, horseplay, or activities under the influence of drugs or alcohol. Other denials can stem from employee mistakes, such as not notifying the employer within the required time frame, not following through with medical treatment, or errors on forms.

Sometimes, the workers’ compensation insurer may make an error. These companies aim to minimize their payout and might argue that your injuries are exaggerated, preexisting, or not work-related. They might clear you to return to work despite your objections or contest your employee status by claiming you are an independent contractor.

Do You Need a Workers’ Compensation Lawyer in Huntersville?

If your claim is denied by an insurance company, consult with our workers’ compensation lawyers in Huntersville immediately. Navigating the legal process on your own can jeopardize your rights to benefits. A workers’ compensation attorney can assist you in fighting for the benefits you are entitled to.

The Role of the North Carolina Industrial Commission (NCIC) in Workers’ Compensation Cases

The NCIC oversees the administration of the North Carolina Workers’ Compensation Act. This state agency works to resolve disputes in workers’ compensation claims through mediation and impartial decisions. Additionally, the NCIC investigates potential criminal violations of the act and provides training to employers to help prevent workplace accidents. When needed, the NCIC can facilitate medical care and rehabilitation for injured workers.

How To Apply for Workers’ Compensation in Huntersville

If you experience a work-related injury or illness in Huntersville, promptly report the incident to your employer and seek medical treatment immediately. Your employer should inform you about the company’s workers’ compensation procedures. Inform your doctor that the injury or illness is job-related and provide your employer’s contact information for billing purposes.

Provide written notice of your injury to your employer within 30 days and keep a copy for your records. Maintain any other evidence, such as photographs, for your records. Follow the treatment plan prescribed by your workers’ compensation doctor, as failing to do so could result in the insurance company denying your claim.

Filing Deadlines for Workers’ Compensation Benefits

You must notify your employer of your injury within 30 days. Filing a Form 18 with the NCIC can satisfy this requirement. The statute of limitations for filing a workers’ compensation claim is two years. If you fail to file a Form 18 with the NCIC within this timeframe, you will lose your right to benefits.

What to Do If Your Workers’ Compensation Claim Is Denied

If your workers’ compensation claim is denied, don’t panic. A denial doesn’t mean you won’t receive benefits. You have several options for appeal, but the timeframe is limited. This is why it’s crucial to contact an attorney immediately.

Frequently Asked Questions

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

Can You Be Laid Off While on Workers’ Compensation?

In Huntersville, filing a workers’ compensation claim protects you from being fired as retaliation. However, you can still be laid off for valid reasons while you’re receiving benefits. If your injury contributes to a layoff, you might be eligible to reinstate temporary total or partial disability benefits.

Can You Sue if You Accept Workers’ Compensation?

Generally, you cannot sue your employer if you’re receiving workers’ compensation benefits. However, if a third party was responsible for your injury, you might have the option to sue them. For instance, if you were injured in a car accident while performing a work-related task, you could potentially sue the driver at fault.

Does Workers’ Compensation Always Offer a Settlement?

Receiving workers’ compensation benefits does not automatically mean you will receive a settlement. Not all cases in Huntersville result in settlements, and you cannot compel the workers’ compensation insurance company to offer one. Depending on your circumstances, it might be advantageous to keep your case open rather than settle. If the insurance company offers a lump sum to close your case, it means you foreclose the right to claim additional benefits or money in the future if further issues arise.

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

Workers’ compensation benefits, including lump sum settlements, are not subject to federal or North Carolina state taxes. However, if you are receiving Social Security Disability (SSD) benefits simultaneously, there may be an offset (reductions) in SSD benefits.

Do You Have To Prove Employer Negligence in Huntersville?

You do not need to prove that your employer or co-workers were negligent. Even if you were partially at fault for your injury, you are still eligible for benefits. The workers’ compensation system operates on a no-fault basis to ensure employees receive benefits for work-related injuries or illnesses.

Contact Our Workers’ Compensation Attorneys in Huntersville, NC

If you have questions about filing a workers’ compensation claim, reach out to the workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. in Huntersville. With extensive experience in North Carolina workers’ compensation cases, we have successfully helped many clients secure the benefits and settlements they deserve. To find out how we can assist you, schedule a consultation with our office today.