What Is Workers’ Compensation and How Does It Function?

The North Carolina Workers’ Compensation Act requires employers with three or more regular employees to carry workers’ compensation insurance. This law applies to almost all employers in Monroe, regardless of their industry or business type. There are certain situations 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 maintain the required workers’ compensation insurance can face fines or even jail time.

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

If you sustain an injury while working in Monroe, notify your employer right away. Maintain a daily log of your injury and any symptoms you experience. It’s important to seek medical attention immediately, even for minor injuries, as they can become more serious over time. If your claim is complex or has been denied, reach out to the Monroe workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. promptly.

Challenges in Workers’ Compensation Claims

Filing a workers’ compensation claim in Monroe can come with several challenges. Not all claim denials are without reason. Your claim might be denied if the injury was due to intentional misconduct, horseplay, or if you were under the influence of drugs or alcohol. Other common reasons for denial include not reporting the injury within the required timeframe, not adhering to the prescribed medical treatment, or making errors on the claim forms.

Additionally, insurance companies may sometimes deny claims to minimize their payouts. They might argue that your injuries are exaggerated, preexisting, or unrelated to work. They could also clear you to return to work before you feel ready or assert that you are an independent contractor rather than an employee.

Do You Need a Workers’ Compensation Lawyer in Monroe?

If your workers’ compensation claim has been denied, it’s crucial to consult with a Monroe workers’ compensation lawyer immediately. Trying to handle the legal process on your own can put your right to benefits at risk. An experienced attorney can guide you through the process and help you obtain the compensation you deserve.

The Role of the North Carolina Industrial Commission (NCIC)

The North Carolina Industrial Commission (NCIC) is responsible for enforcing the North Carolina Workers’ Compensation Act. This involves managing disputed claims through mediation and impartial adjudication. The NCIC also conducts investigations into potential violations of workers’ compensation laws and offers training to employers to help minimize workplace accidents. Additionally, the NCIC assists injured workers by coordinating necessary medical care and rehabilitation services.

Applying for Workers’ Compensation in Monroe

If you suffer a work-related injury or illness in Monroe, immediately inform your employer and seek medical attention without delay. Your employer should provide you with details about the company’s workers’ compensation procedures. Inform the doctor that the injury or illness is job-related and provide your employer’s contact information for billing purposes.

You are required to submit a written notice of your injury to your employer within 30 days. Retain a copy of this notice for your personal records. If you have additional evidence, such as photographs, keep copies of these as well. Following the treatment plan prescribed by your workers’ compensation doctor is essential to avoid the denial of your claim.

Filing Deadlines for Workers’ Compensation Benefits

In Monroe, you must inform your employer of any work-related accident within 30 days. Filing a Form 18 with the North Carolina Industrial Commission (NCIC) usually fulfills this requirement. The statute of limitations for workers’ compensation claims in North Carolina is two years. If you do not file a Form 18 with the NCIC within this timeframe, you lose your right to claim benefits.

What to Do If Denied Workers’ Compensation Benefits

If your workers’ compensation claim is denied, stay calm. A denial does not automatically mean you will not receive benefits. There are various appeal options available, but you must 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 Monroe, you cannot be terminated solely for filing a workers’ compensation claim or in retaliation for doing so. However, you can be laid off for other legitimate reasons while receiving benefits. If your injury results in a layoff, you may still be eligible for temporary total or partial disability benefits.

Can You Sue if You Accept Workers’ Compensation?

Typically, you cannot sue your employer if you are receiving workers’ compensation benefits. However, you may have grounds to sue a third party responsible for your injuries. For example, if you were involved in a car accident while performing a work-related task, 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 Monroe, not all cases end in a settlement, and you cannot force the workers’ compensation insurance carrier to settle. Depending on your situation, it might be more beneficial to keep your case open. Occasionally, the insurance company might 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 exempt from federal and North Carolina state taxes. This tax exemption also applies to lump sum settlements. However, if you are receiving Social Security Disability (SSD) benefits at the same time, there might be an offset (reduction) of your SSD benefits.

Do You Have To Prove Employer Negligence in Monroe?

No, you do not need to prove negligence on the part of your employer or co-workers. Even if your own negligence played a role in your injury, it will not be held against you. The workers’ compensation system functions 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 Monroe, NC

If you have questions about filing a workers’ compensation claim, reach out to the Monroe 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 helped many clients secure the benefits and settlements they deserve. To learn how we can assist you, schedule a consultation with our office today.